5:: FRONTEX • EUROPE AN BORDER ANO COAST (;UARO AGENC Y Wt g-w· 21/12/2017 Operational Plan (Main part) Amendment No 1 JO POSEIDON 2017 JO POSEIDON 2018 Approved by S/5ooture Fabrice Legger1 Executive Director ' Information which Is sensitive and limited for use within the European Union Institutions, other offlcu and agencies established by virtue or on the basis of the Treaties, EU Me mber States and public administrations; distribution on o need to know basis. Not for public dissemination . 1/ll Frontex - European Border and Coast Guard Agency www.frontex.europa.eu I Pl. Europejski 6, 00-844 Warsaw, Poland I Tel. +48 22 205 95 00 I Fax +48 22 205 95 01

INDEX Contents 1. INTRODUCTION                                                                                          5 2. LEGAL FRAMEWORK                                                                                       5 2. 1.   Frontex                                                                                          5 2.2.    International and EU law                                                                         5 2.3.    Fundamental Rights                                                                               6 2.3 .1.  Frontex' obligations                                                                    6 2.3.2.   Obligations of all persons involved in operational activities coordinated by Frontex    7 2.3.3.   Complaints Mechanism                                                                    7 3. DESCRIPTION AND GENERAL ASSESSMENT OF THE SITUATION                                                   7 4. OPERATIONAL AIM, OBJECTIVES AND ACTIVITIES (OPERATIONAL CONCEPT)                                                                                    9 4. 1.   Operational aim                                                                                  9 4.2.    Operational objectives                                                                           9 4.3.    Operational activities (Operational concept)                                                     9 4.3.1.   Border surveillance                                                                    10 4.3.2.   Land patrols at the coastal areas                                                      11 4.3.3.   Technical and operational assistance to SAR operations                                 12 4.3.4.   Border checks                                                                          12 4.3.5.   Advanced documents control                                                             12 4.3.6.   Supporting screening, fingerprinting and registration of migrants                      13 4.3.7.   Collection of information through debriefing of migrants and other operational reports 13 4.3.8.   Preventing and detecting cross-border crime                                            14 4.3.9.   Supporting the implementation of the Readmission Activity                              14 4.3.10.  Multinational border and coast guard teams I crews                                     15 4.3.11.  Other Frontex activities, products and services                                        15 5.    IMPLEMENTATION                                                                                   15 5.1.    Period of implementation                                                                        15 5.2.    Operational areas                                                                               16 5.3.    Participating Member States, Third Countries and other organizations                            16 5.4.    Operational briefings I debriefings                                                             17 6. COOPERATION WITH THIRD COUNTRIES, OTHER UNION AGENCIES AND BODIES OR INTERNATIONAL ORGANIZATIONS                                                     17 6. 1.   Cooperation with third countries                                                                17 6.2.     Cooperation with other Union agencies and bodies or international organizations18 7. COORDINATION STRUCTURE                                                                             18 2

7.1.      Partnership                                                                                 18 7.2.      Hotspots                                                                                    18 7 .2.1.    Migration Management Support Teams                                               19 7. 3.     Main operational structures I actors and their tasks                                        19 7.3.1.     Member States                                                                    19 7.3.2.     Frontex                                                                          19 7.4.      Coordination of the contingents deployed by the Member States                              20 7.4. 1.    Coordination at the local level                                                  20 7.4.2.     Coordination at the central level                                                20 8. COMMAND AND CONTROL                                                                              20 8. 1.     Technical equipment                                                                         20 8.2.       European Border and Coast Guard Teams (Team Members and other relevant staff)     21 8.3.       Command and control scheme                                                                 21 9. COMMUNICATION                                                                                     22 9.1.      Operational communication                                                                   22 9.2.      Communication with Press                                                                    22 10. REPORTING                                                                                       23 10.1.         Reporting in JORA                                                                       23 10.2.         Reports of participants                                                                 24 10.3.         Daily reporting package                                                                 24 10.4.         Serious incident reporting                                                              25 10.4.1.     Reporting to the Management Board and to the Member States                       25 10.5.         Frontex reports                                                                         25 10.6.         Document alert and Reference Manual                                                     26 11. WORKING CONDITIONS AND LOGISTICS                                                                 26 11.1.        Working conditions and working environment of the operational area                       26 11.2.        Logistics                                                                                27 11.2.1. Field visits                                                                         27 11.2.2. Heavy equipment, firearms and ammunition                                             27 11.2.3. Crew related issues                                                                  28 11.2.4. Diplomatic clearance, Night flights under VFR ATC clearance and airports with access restrictions                                                                                 29 11.2.5. Transport, rental cars and lodging                                                   29 11.2.6. Frontex distinctive flags and insignias for the technical equipment                  29 11.3.        Working time                                                                             30 11.3.1.    Team Members                                                                      30 11.3.2.    Interpreters                                                                      30 11.4.        Yellow Pages                                                                             30 12. EVALUATION                                                                                      30 12.1.        Member States and Third Countries                                                        30 12.2.        Frontex                                                                                  31

13. FINANCIAL PROVISIONS 31 ANNEXES                  33 4

1.      INTRODUCTION This Operational Plan including its amendments, composed of the Main part and Annexes, was agreed with the authorities of the host Member State' (MS), after consultation with the participating MS. Operational Plan shall be immediately distributed by Frontex to the host and participating MS via Frontex-One-Stop-Shop (FOSS). Updates related to the participation in the joint operation (Main part, chapter 5.3.}, the Initial Plan of Deployed Resources (Annex 7) and the Contact Details (Annex 10) are not deemed amendments to the Operational Plan. The Handbook referred to in the Operational Plan contains the guidelines and complementary information in regard to Frontex operational activities, services and products, reporting platforms and other joint maritime operations' related matters. References to the Handbook are made in the Main part and Annexes of the Operational Plan. Handbook to the Operational Plan is uploaded on FOSS. 2.      LEGAL FRAMEWORK 2. 1. Frontex The European Border and Coast Guard Agency ('Frontex'), established by European Border and Coast Guard Regulation' (hereinafter 'the Regulation'), ensures, together with national authorities responsible for border management, including coast guards to the extent that they carry out border control tasks, the effective implementation of the European integrated border management with a view to managing the crossing of external borders efficiently. Frontex is responsible for organising the appropriate technical and operational assistance for the EU Member States and, in particular, for coordinating joint operations (JO), deploying European Border and Coast Guard teams and technical equipment at the external borders. Regulation prescribes that Frontex shall provide technical and operational assistance to Member States and third countries, in support of search and rescue operations for persons in distress at sea which may arise during border surveillance operations at sea. The main legal framework , objectives, tasks and responsibilities of Frontex are laid down in the European Border and Coast Guard Regulation. 2.2. International and EU law The following non-exhaustive legal framework applies to the implementation of the activities foreseen in the present Operational Plan: 2 For the purposes of the present document, the term "Meomber State" includes also the States participating In the relevant development of the Schensen acquis In the meaning of the Treaty on the Functlonins of the European Union and its Protocol (No 19) on the Schensen acquis intesroted into the framework of the European Union, that is, Norway, Iceland, Liechtenstein, and Switzerland. J Regulation (EU) 201611624 of 14 September 2016 on the European Border and Coast Guard (OJ L 251 , 16.09.2016, p.1) 5

Regulation (EU) 2016/1624 of the European Parliament and of the CouncH of 14 September 2016 on the European Border and Coast Guard. Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). Regulation (EU) 65612014, of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection. The EU Charter of Fundamental Rights. The United Nations Convention on the Law of the Sea. The International Convention for the Safety of Life at Sea. The International Convention on Maritime Search and Rescue. The United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air. The United Nations Convention relating to the Status of Refugees. The European Convention for the Protection of Human Rights and Fundamental Freedoms The International Covenant on Civil and Political Rights. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The United Nations Convention on the Rights of the Child. 2.3. Fundamental Rights 2.3.1. Frontex' obligations Frontex guarantees the protection of fundamental rights in the performance of its tasks in accordance with the relevant EU law, including the Charter of Fundamental Rights of the European Union, the relevant international law, including the Convention Relating to the Status of Refugees of 1951, the respect for fundamental rights, in particular the access to international protection, and the compliance with the principle of non·refoulement, and taking into account the recommendations of the Frontex Consultative Forum on fundamental rights. The European Border and Coast Guard Regulation requires Frontex to put in place an effective mechanism to monitor the respect for fundamental rights in all its activities. Frontex developed a Fundamental Rights Strategy, adopted a Code of Conduct applicable to all persons participating in Frontex operational activities ("CoC") and established a complaints mechanism. The CoC lays down procedures intended to guarantee the principles of the rule of law and the respect for and promotion of fundamental rights with particular focus on vulnerable persons, including children and other persons in a vulnerable situation, as well as on persons seeking international protection, including the obligation of referral to national authorities competent for receiving asylum requests. Furthermore, Frontex is obliged to ensure that all border guards and other personnel of the Member States, who participate in the European Border and Coast Guard Teams (EBCGT), as well as Frontex staff members, have received, prior to their participation in operational activities, a training in relevant EU and international law, including fundamental rights and access to international protection and maritime law. 6

Finally and pursuant to the provisions of Article 25(4) of the Regulation, Frontex has the obligation to suspend or terminate its operational activity in case of serious or persistent violations of fundamental rights or international protection obligations. 2.3.2. Obligations of all persons involved tn operational activities coordinated by Frontex All persons involved in Frontex operational activities are obliged to maintain the highest standards of integrity, ethical conduct, professionalism and respect for fundamental rights. They are expected to meet obligations imposed upon them by the provisions of the present Operational Plan and are obliged to comply with the rules of their mandates. They are obliged to comply with European law, international law, fundamental rights and also the national law of the host Member State. All persons involved in Frontex operational activities are expected to act responsibly and proportionately to the current operational objectives. While performing their duties they shall not discriminate against persons on any grounds such as sex, race, ethnic or social origin, genetic features, language, religion or belief, nationality, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. They are expected to treat every person with courtesy, respect and due consideration for the nature of any legitimate activity in which they are engaged. They are obliged to report any alleged violation of fundamental rights that has occurred or is about to occur via the appropriate reporting channel. In addition to the obligations set forth above, all persons participating in the joint operation must act with discretion and with respect for the right to privacy of other persons. Unless explicitly authorized by Frontex Coordinating Officer and the national authorities, it is forbidden to make any type of records (e.g., photos, videos) of the activities carried out under the joint operation, except recordings performed during the border surveillance activity as defined under the chapter 4.3.1. The Code of Conduct is available in Annex f . 2.3.3. Complaints Mechanism Any person, who is directly affected by the actions of staff involved in a joint operation, pilot project, rapid border intervention, migration management support team deployment, return operation or return intervention and who considers him or herself to have been the subject of a breach of his or her fundamental rights due to those actions, or any party representing such a person, may submit a complaint in writing to Frontex. The procedures setting out the mechanism to receive and transmit to the Agency a complaint against a person participating in the joint operation are provided in Annex 2. 3. DESCRIPTION AND GENERAL ASSESSMENT OF THE SITUATION In 2015, the EU witnessed an unprecedented influx of migrants, the majority of whom transited across Turkey, only to enter Greece by sea and then travel further to their destination countries. The migration flow was made up mainly of Syrian, Afghan and Iraqi nationals, but also of thousands of persons of other nationalities, coming primarily from the Middle East, Asia, North Africa and the Sahel region. With a series of measures implemented by the law-enforcement authorities of some EU MSs and third countries, and importantly, with the introduction of the EU-Turkey statement on 18 March 2016, the number of migrants landing on the Greek Eastern Aegean Islands per day dropped considerably. For instance, while in the first quarter of 2016 more than 150 OOO migrants were registered in the Hotspots, only 22 OOO crossed the Aegean Sea from Turkey to Greece during the remainder of the year. 7

Meanwhile, a new Hotspot approach , proposed by the European Commission, was implemented on five main Greek Eastern Aegean Islands. It entailed deploying experts from various EU Agencies as well as partlcipallng EU MSs to the hotspot islands with the Im of                                                    ....... Commented [WUl]: The non-disclosed part contains detailed information regarding the modus operandi of law enforcement officials performing border control. Dfsclosing such information would expose the working methods applied procedure for those indicated other than the individuals whose asylum application was found admissible                in ongoing and future operations, thus obstructing their effectiveness '" prevention of cross-border crime and for readmission to Turkey.                                                                                            unauthorized border crossings. In consequence j it would undermfne the protection of the public interest as regards As the winter of 2016/2017 was one of the most severe in the recent past, it resulted in a lower number               public security and thus, cannot be disclosed pursuant to Article 4(1 )(a) first indent of Regulation (EC) No 1049/2001. of attempts to take the Eastern Mediterranean sea route and cross the Aegean Sea . This, in turn, led to a decrease in the number of arrivals, to fewer than 2 OOO per month, reported until April 2017. The level of illegal entries by sea was similar in May and July (between 2 OOO - 2 300 per month), however, a slight increase was recorded in August. The number of detections reached a peak in September at 4 800, still a relatively moderate number, which was mainly associated with the intensive patrolling activities carried out by the Turkish authorities, in line with the aforementioned EU-Turkey statement. Importantly, in accordance with the statement, migrants who arrived on the hotspot islands after 20 March 2016 could no longer travel on to the mainland . Hence, they started to amass on the islands as their asylum requests were being processed very slowly and only a lim1ted number of them were readmitted to Turkey or relocated to other Member States. In order to avoid being stranded on the Greek hotspot islands, a number of would-be migrants preferred to travel from Turkey directly to Italy by sea. More than 7 200 migrants were apprehended in the first three quarters of 2017, including the migrants who were reported by the Turkish authorities and those apprehended by Greece and Italy. Taking into consideration the fact that 19 180 migrants were apprehended on the Greek Eastern Aegean Islands (i.e . operational area 'J ' ) in the same period , it can be assessed as a significant development. Thus far in 2017, the number of detections reached a peak in June, when nearly 1 500 migrants opted for this route. The thorough assessment of the situation can be found in the Annex 3, 8

4. OPERATIONAL AIM, OBJECTIVES AND ACTIVITIES (OPERATIONAL CONCEPT) 4. 1 . Operational aim The operational aim of the JO is to provide increased technical and operational assistance to the host MS by coordinating operational activities at the external sea borders in order to control illegal immigration flows, to tackle cross-border crime and to enhance European cooperation on coast guard functions. The operational aim will be implemented in full compliance with the relevant EU and international law, guaranteeing the protection of the fundamental rights in particular the access to international protection and the compliance with the principle of non refoulement and taking into account the recommendations of the Frontex Consultative Forum and the reports and observations of the Fundamental Rights Officer. 4.2. Operational objectives Enhance border security Technical and operational assistance in SAR Support MS on carrying out coast guard functions Enhance operational cooperation Support to migration management Enhance collection and exchange of information, including personal data Identify possible risks and threats Establish and exchange best practices Detailed information regarding operational objectives is provided in Annex 4 . 4.3. Operational activities (Operational concept) The objectives of the JO will be achieved by combining different types of operational activities, particularly: Border surveillance at sea and land patrols at the coastal areas. Supporting SAR operations. Border checks at border crossing points. Preventing and detecting cross-border crime such as migrant smuggling, trafficking in human beings, terrorism and other crime. Supporting screening, fingerprinting, registration and documents checks of migrants. Collection of information through the debriefing activities , including personal data . Supporting the implementation of the Readmission activity. Supporting the identification of special needs of children, unaccompanied minors, persons with disabilities, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, and other persons in a particularly vulnerable situation. Refer and provide initial information to persons who are in need of, or wish to apply for, international protection. Provide a clear and updated situational picture related to the JO. Carry out daily and ad-hoe exchange of information between Frontex, all operational actors and external stakeholders involved . Share experiences and exchange expertise. Facilitate the cooperation with Union agencies, bodies or international organizations, and Third Countries. 9

The aforementioned activities will be implemented by the deployed technical equipment and human resources, under the control and command of the operational structures of the host MS. 4.3 .1. Border surveillance Border surveillance shall be carried out by using the MS technical equipment as follows: Aerial assets: detection I tracking I identification. Maritime assets: detections I tracking I identification I interception. Terrestrial assets: detection I tracking I identification I interception. The main tasks of the assets are: Detect, identify, report, track and, if possible, intercept all vessels suspected of carrying persons crossing, circumventing or intending to cross the sea border in an irregular manner, circumvent checks at border crossing points or of being engaged in the smuggling of migrants by sea in the operational areas, including detections and interceptions of the landed migrants at the disembarkation points. Support SAR operations. Provide situational awareness in the area of operation by identifying normal and abnormal navigation. Respond to witnessed or/and suspected unlawful activities at the maritime domain (e.g. smuggling of goods; illegal fishing; illicit drug trafficking; environmental pollution) in compliance with the applicable international and national legislation and report to the ICC/LCC all relevant information on the suspected or/and detected unlawful activity, including type of activity (e.g. Illegal fishing), as well as other important information such as: position, route, track, speed , identification, allowing the national authorities' prompt reaction and predisposition of tailored countermeasures. Prevent and detect cross-border crime. The assets must properly document (by taking photos and/or videos) all actions (detection, tracking and interception) and submit all available materials to the ICC as soon as possible. The ICC is responsible to deal with the information received from participants and to channel it to Frontex and the respective national and/or international stakeholders. In each case, Frontex should be informed about the outcome of the actions, after the information has been submitted by participant of the JO. The participating assets perform their tasks under the coordination of the ICC (through the NO) following the planning confirmed during the daily Joint Coordination Board (JCB) meetings. At the local level Liaison Officer-Technical Equipment (LO-TE) of the respective Hellenic authorities are assigned to each asset executing patrols. The LCC's via LO·TE are responsible for coordinating and commanding the overall patrolling activities. Commented [WUZ]: The non·disclosed parts contain ...·"· detailed information regarding the modus operandi of law enforcement officials when performing border control. Disclosing such information would expose the working methods applied in ongoing and future operationsi thus The patrolling schedule must be flexible and prepared taking into account the capabilities of the                     obstructing them and the efforts made by the EU and its Member States to counter and prevent cross-border crime participating assets, the analytical findings presented in the operational area, the contribution by the 10,         and unauthorized border crossings. If thfs were to happen, the sea and the weather conditions. While planning the patrolling activities in the operational area, the            public security would be affected. In light of the above, the text is not disclosed pursuant to the exception laid down in ICC shall ensure tactical combination of participating aerial, maritime and terrestrial assets.                      the first indent of Article 4(1)(a) of Regulation (EC) No 1049/2001 relating to the protection of the public interest as Flexibility in the patrolling schedule is a key element: participating assets can be requested by the ICC to         regards public security. reschedule patrolling activities according to the operational needs. In particular, in case the ICC receives 10