Operational Plan JO HERA 2017
10. REPORTING 10. 1. Reporting in JORA All relevant incidents that have occurred within the joint operation shall be reported via JORA System. All reported incidents undergo JORA validation process executed by the FSC. In case the system is unavailable to users, the ICC shall immediately report the unavailability to the FSC. A decision will be promptly made in Frontex and communicated back to the users. JORA actors, reporting structure and timefines are described in Annex 12 . JORA incident temp late attributes list, comprehensive information on JORA and the examples of reporting temp lates are provided in the Handbook . JORA Guidelines and the reporting templates in Microsoft Office Word format are available in FOSS. 10.2. [Reports of participant L____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __..-- Commented [A13]: The non-disclosed part contains detailed information on the means of communication used by law enforcement officials. The disclosure of this information would put law enforcement officials' work in jeopardy and Type of report Description Responsibility To be sent to harm the course of future and ongoing operations aimed at curtailing the activities of organized criminal networks involved in the smuggling and migrants and trafficking in ICC Daily report Operational overview on a daily ICC human beings. As the disclosure of such pieces of information and/or JCB basis, covering the last 24 hours would undermine the protection of the public interest as Minutes (00:00-24:00) regards public security, it must therefore be refused as laid down in Article 4(1 ){a) first indent of Regulation {EC) No Standard Activities performed by the ICC 1049/2001. IJ.J Patrolling deployed technical equipment \!) Schedule including Host MS patrolling ~ assets co-financed by Frontex u < a. Team Leader's Joint Debriefing Teams (JDT) Team Leader \!) Daily Report activities on a daily basis (TL) z ~ Team Leaders - Joint Debriefing Teams (JDT) TL/Debriefing 0 a. Landing Report activities upon landings Experts IJ.J ex: ~ Technical Information about the activity CO, NO <( Equipment performed by the assets Cl Mission Report 10 Daily Report Updated information from the Intelligence operational scene for Officer (10) intelligence purpose Report from Information on National briefing National National Briefer provided to participants of the Briefer JO
10.3. Daily reporting package The Daily reporting package shall be prepared by the ICC Staff and shall consist of the reports indicated in a chapter ~bov ~ - - - - - - - - - - -- - - - - - - - - - - -- - - - - - - -- - - ~- Commented [A14): The non-disclosed part contains detailed information on the means of communication used by law enforcement officials . The disclosure of this information The ICC is responsib le for t he dissem ination of t he Reporting Package on a daily basis before 15.00 CET to would put law enforcement officials' work in jeopardy and r rontex (Operational Team and r SC) via emails to dlttl harm the course of future and ongoing operations aimed at curtailing the activities of organized criminal networks involved in the smuggling and migrants and trafficking in 10.4. Serious incident reporting human beings . As the disclosure of such pieces of information would undermine the protection of the public interest as The reporting of SI within operation must be in line wit h the reporting structure for t he operation. regards public security, it must therefore be refused as laid down in Article 4(1 )(a) first indent of Regu lation (EC) No 1049/2001. Type of report Description Responsibility Initial Serious A Serious Incident Report is an alert message that ~hall be reported All participants Incident Report immediately (within 2 hours after recognition)! to FSC and the host ND' of t he JO Comme nted [A15] : The non -disclosed part contains authorities in case an incident, natural or caused by human action, detailed information regarding the modus operandi of law occurs wh ich may affect, or be relevant to a pa rticular Frontex enforcement officials performing bo rder control. Disclosing such information wou ld expose the working methods applied activity, the safety and security of participants in Frontex activities, in ongoing and future operations, thus obstructing their the Agency's mission a nd reputation, or any combination thereof, effectiveness in prevention of cross-border crime and having special regard to any allegation of vio lation of Fu ndamental unauthorized border crossings. In consequence, it would undermine the protection of the public interest as regards Rights. public security and thus, cannot be disclosed pursuant to Article 4(1)(a) first indent of Regulation (EC) No 1049/2001 . A forma l SIR shall be reported in JORA and sent immediately via email (with in 48 hou rs) ~oL - commented [A16 ]: The non-disclosed part contains and ■■■■■■■■■ detailed information on the means of communication used by law enforcement officials . The disclosure of this information would put law enforcement officia ls' work in jeopardy and harm the course of future and ongoing operations aimed at 10.4.1.Reporting to the Management Board and to the Member States curtailing the activities of organized crimina l networks Upon conclusion of t he proced ure initiated with the SIR, t he Executive Director reports to the members of t he involved in the smuggling and migrants and trafficking in human beings. As the disclosure of suc h pieces of information Management Board and to the re levant national au t horities, in accordance wit h the provisions provided for in woul d undermine the protection of the public interest as t he respective Standard Operating Proced ure. regards public security, it must therefore be refused as laid down in Article 4{1 )(a) first indent of Regu lation (EC) No 1049/2001. Serious Incidents Cata logue is available in the Handbook.
10.5. [Frontex report Commented [A17]: The non-disclosed part contains detailed information on the means of communication used by Type of report Description Responsi law enforcement officials. The disclosure of this information To be sent would put law enforcement officials' work in jeopardy and bility harm the course of future and ongoing operations aimed at curtailing the activities of organized criminal networks FCO involved in the smuggling and migrants and trafficking in FCO report Feedback on performed human beings. As the disclosure of such pieces of information activities in the area would undermine the protection of the public interest as regards public security, it must therefore be refused as laid down in Article 4(1 )(a) first indent of Regulation (EC) No FOC Daily Overview of the operational FOC 1049/2001, Report activities related to the 24-hour period of the preceding day - to The non-disclosed part contains detailed information regarding the modus operandi of law enforcement officials be sent until 13:00 CET performing border control and/or coast guard duties. Disclosing such information would expose the working methods applied in ongoing and future operations, thus obstructing their effectiveness in prevention of cross-border crime and unauthorized border crossings. In consequence, it FSO Daily / Flash Overview of the operational FSO would undermine the protection of the public interest as regards public security and thus, cannot be disclosed Report activities related to the 24- pursuant to Article 4(1 )(a) first indent of Regulation (EC) No hour period of the preceding 1049/2001. ' day - to be sent until 13:00 CET if it is Daily Report and to be sent immediately if it is Flash Report FSC Daily Overview of the operational FSC SDO Will be uploaded on FOSS under the Situational activities related to the 24- responsibility of SDO to be accessible for MS Report hour period of the preceding and distributed to other stakeholders by day email only in case they do not have access to FOSS
11. WORKING CONDITIONS 11. 1. Working conditions and working environment of the operational area The working conditions and environment vary according to the place of deployment (ICC, LCC and other deployment areas within the operation a~area."-.' - - - - - - - - - - - - - - - - - - - - - - - ~ - Commented [A18]: The non-disclosed parts refer to details of the operational area and cannot be released. As ongoing operations tend to cover similar operational areas as the operations conducted in preceding years, disclosing details of previous operational areas would be tantamount to disclosing the current state of play. This would provide smuggling and other criminal networks with intelligence, enabling them to change their modus operandi, which would ultimately put the life of migrants in danger. Consequently, the course of ongoing and future operations Deta iled information on each of the wo rkp lace of all main locations within the operational area of the of similar nature would be hampered by depriving the JO is ava i lab le at FOSS Ye ll ow Pa~es . operations of any strategy and element of surprise, ultimately defeating their purpose to counter and prevent cross-border crime and unauthorized border crossings. In this light, the disclosure of documents containing such information would undermine the protection of the public 11 .2. Logistics interest as regards public security in the sense of Article 4(1 )(a) first indent of Regulation (EC) No 1049/20011 Prior arrival, Team Members and Cultural Mediators, via respective NFPOC, are advised to contact their The non-disclosed part contains detailed information colleagues already deployed in the operational area to arrange the transfer to the hotel. If this solution is not regarding the modus operandi of law enforcement officials possible the NFPOC should contact the Operational team at the ~mail address performing border control and/or coast guard duties. Disclosing such information would expose the working methods applied in ongoing and future operations, thus 11.2.1 . Field visits obstructing their effectiveness in prevention of crossborder crime and unauthorized border crossings. In Prior to the deployment of aerial and maritime assets, it is recommended for participating MS to perform a consequence, it would undermine the protection of the field visit to get familiar with the operational area, local authorities and service providers. The field visit should public interest as regards public security and thus , cannot be disclosed pursuant to Article 4(1 )(a) first indent of be approved by the Operational Manager and agreed with the Spanish Authorities and ICC Coordinator in Regulation (EC) No 1049/2001. advance. Commented [A19]: The non-disclosed part contains detailed information on the means of communication used by The LCC Coordinator and Frontex coordinating officer on the spot will support the field visits. law enforcement officials. The disclosure of this information would put law enforcement officials' work in jeopardy and harm the course of future and ongoing operations aimed at Field visit delegation of two persons will be co-financed by Frontex. curtailing the activities of organized criminal networks involved in the smuggling and migrants and trafficking in human beings. As the disclosure of such pieces of information 11.2.2.Heavy equipment, firearms and ammunition would undermine the protection of the public interest as regards public security, it must therefore be refused as laid Heavy equipment is highly recommended to be delivered on the day after operational briefing and shipped down in Article 4(1 )(a) first indent of Regulation (EC) No back on the day before debriefing day. 1049/2001 . The crews from home MS should respect the procedures related to the transportation of firearms and ammunitions foreseen in the respective Annex and submit relevant requests in time in order not to jeopardise the timely start of the mission . Debriefing experts shall not (are not allowed to) bring and carry any kind of service weapons (gun, truncheon, handcuffs, pepper spray). Detailed information regarding transportation of firearms and ammunitions can be found in th e Handbook. 11. 2.3.Crew related issues Prior to deployment participating MS have to provide Operational team with the list including contact details, planned deployment and rotation periods of all crewmembers, Commanding Officer (CO) and National Official (NO) assigned to the aerial and maritime assets via email The Operational team shall be immediately informed in case of any changes related to the crew or the deployment of the asset itself.
Before executing the change of crew of asset deployed, the participating MS shall inform Operational Team in due time to ensure delivery of the operational briefing I debriefing for the crew members upon their arrival to the operational area. Prior the deployment the respective assets, NO, CO and crewmembers including BSD for land patrols have to be registered in Opera (HR available in Pool and TE available in TEP). 11.2.4. Diplomatic clearance The home MS deploying aerial and maritime assets shall make the necessary arrangements in advance to obtain the diplomatic clearance to allow the state aircraft and/or government vessels operated for non-commercial purposes to enter the territory and have access to the airports/ports of host MS. The home MS should respect the time needed for issuance of flight clearance according to national procedures and submit clearance request for the diplomatic clearance in time in order not to jeopardise the timely start of the mission. 11.2.5.Transport, rental cars and lodging Rental cars shall be approved in advance by the Operational Manager and expenses to be included in the relevant financial documents. The operational manager decides on the number of the rental cars per deployment location. The number of the rental cars shall be sufficient to ensure the mobility of the deployed officers within the operational area. Each participant is strongly advised to bring his/her driving licence since he/she could be assigned as a second driver within the car rental contract, if such need occurs. All practical/logistic issues have to be arranged by participants themselves in advance. Frontex will not make any bookings or reservations of the flights, accommodation, etc. Recommended accommodation is available on FOSS Ye llow pages. 11.3 . EPN Yellow Pages To facilitate organisational arrangements and logistics related to the deployment of resources, the information about the host MS and operational areas of joint maritime operations is available on Yellow Pages - Sea Borders ebsite on FOSS: Commented [A20]: The non-disclosed part contains detailed information on the means of communication used by law enforcement officials. The disclosure of this information would put law enforcement officials' work in jeopardy and harm the course of future and ongoing operations aimed at curtailing the activities of organized criminal networks More information about Ye ll ow Pages is provided in the Handbook . involved in the smuggling and migrants and trafficking in human beings. As the disclosure of such pieces of information would undermine the protection of the public interest as regards public security, it must therefore be refused as laid down in Article 4(1 )(a) first indent of Regulation (EC) No 1049/2001 .
12. EVALUATION 12. 1. Member States and Third Countries Reports Benchmarks Report from Participant Shall be submitted to Frontex within 7 calendar days after deployment via ~mail : . Relevant sections of the re art will be Commented [A21]: The non-disclosed part contains distributed to TRU. detailed information on the means of communication used by law enforcement officials. The disclosure of this information Template of the report is available on FOSS and Handbook would put law enforcement officials' work in jeopardy and harm the course of future and ongoing operations aimed at Final Report from Shall be submitted to Frontex within 7 calendar days after the end of the last curtailing the activities of organized criminal networks Member State involved in the smuggling and migrants and trafficking in deployment of the MS resources which are the subject of a particular SFD, via human beings. As the disclosure of such pieces of information - - - - - - - - - - - - - 1 email: would undermine the protection of the public interest as Final Report from Third regards public security, it must therefore be refused as laid Country Template of the reports is available on FOSS and Handbook down in Article 4(1 )la) first indent of Regulation (EC) No 1049/2001. The final payment will not be processed as long as the Final Reports from MS and Third country are not submitted to Frontex. In case only a few Team Members were deployed by participating MS, a completed Report from Participant from these officers may be sufficient, if prior agreed with the Operational Manager. 12.2. Frontex Reports Benchmarks Frontex Evaluation The results of the joint operation will be evaluated and Frontex Evaluation Report Report (FER) will be transmitted within 60 calendar days after the termination of the JO to the Management Board together with the observations of the Fundamental Rights Officer referred to in Article 71 (3) of the Regulation. FER will be accomplished in line with the indicators of objectives defined in the Annex 4 of the OPLAN and uploaded on FOSS.
13. FINANCIAL PROVISIONS In accordance with the applicable legal framework, Frontex will co-finance the Joint Operation. Frontex will reimburse eligible costs incurred by participating MS authorities in relation to deployments of human and technical resources. Frontex will be responsible for the preparation of all necessary financial commitments and the preparation of the legal commitments. Funds are allocated by means of issuing Specific Financing Decision (SFD) with Estimated Budget and calculation for Running Expenses of Means (REM), if applicable. The Estimated Budget and REM are to be submitted by the authority participating in the Joint Operation. Once the SFD is issued by Frontex, the authority is obliged to send back an Acknowledgement of Receipt and is entitled to request pre-financing up to 50% of SFD budget. Frontex strongly recommends its Beneficiaries to request pre-financing. Payment of the balance, which may not be repeated, is made after the end of the operational activity based on eligible costs actually incurred in carrying out the operational activity. The request for final payment shall be submitted within 75 days after the end of the joint operation. Payments shall be remitted within 60 days from the receipt of the request for final payment, notwithstanding any suspension period due to incomplete or incorrect information provided by the Partner. Accordingly, Frontex will co-finance the deployments of the Third Country observers within the joint operation, if Third Country has a Working Arrangement or any other similar legal basis for cooperation with Frontex. For the purposes of legal and financial commitment, Frontex and the Third Country authority mutually sign a Grant Agreement along with the Estimated Budget and General Conditions. Further co-financing details, eligible costs and payment rules for Grant Agreements are analogical to the SFD scheme for EU MS.
ANNEXES Annex 1 Code of Condutt applicable to all persons participating in Frontex operational activities Annex 2 Complaints mechanism Annex 3 Thorough assessment Annex 4 Operational objectives Annex 5 Operational area Annex 6 Description of the tasks and specific instructions to the Team Members (Rules of engagement) Annex 7 Initial plan of deployed resources Annex 8 Operational briefing and debriefing Annex 9 Cooperation with other Union agencies and bodies or international organizations Annex 10 Coordination structure Annex 11 Contact details Annex 12 JORA
