annex-oplan-poseidon-2017-2018-amendment-no-1
This document is part of the request ”Operational Plans for Joint Operation Poseidon 2018 and 2019”.
The main applicable principle to be observed is that the responsibility to provide a place of safety, or to ensure that a place of safety is provided, falls on the State responsible for the SAR region in which the survivors were recovered, as set forth in relevant applicable international legal instruments. It shall be ensured that coordination and cooperation with the relevant SAR authorities is carried out in such a way that the persons rescued can be delivered to a place of safety. Greece and the participating Member States shall cooperate with the responsible RCC to identify a place of safety and, when the responsible RCC designates such a place of safety, they shall ensure that disembarkation of the rescued persons is carried out rapidly and effectively. If it is not possible to arrange for the participating unit to be released of its obligation to render assistance as soon as reasonably practicable, taking into account the safety of the rescued persons and that of the participating unit itself, it shall be authorised to disembark the rescued persons in Greece. The participating units shall inform the ICC of the presence of any persons in need of international protection and vulnerable persons, and the ICC shall transmit that information to the competent national authorities of the country where disembarkation takes place. The aforementioned paragraphs on PERSONAL ASSESSMENT apply to the disembarkation of rescued persons. Follow-up measures a) Provfsion of basic human needs Each participating unit shall include at least one person with basic first aid training. Furthermore, upon disembarkation, Greece shall, prior to any other action, render the basic human needs of the apprehended and rescued persons such as food, shelter and medical assistance. b) Special measures applicable to persons in need of international protection Greece and the participating MSs shall address the special needs of persons in need of international protection. Team members shall refer without delay to the national Greek officer with whom they work when a person expressed, in any way, a fear of suffering serious harm if he/she is returned to his/her country of origin or former habitual residence, or if he/she asks or claims for asylum or any other form of international protection. The national Greek officer shall hand over those persons referred by the Team members to the competent Greek police officer or Greek reception and identification officer of the Reception and Identification Service, for the registration of their intent to apply for international protection. Subsequently, the Asylum Service will proceed with the processing of the application for international protection (lodging of application, interview, and decision). Applicants in a need of international protection shall be informed on where and how their relevant applications may be lodged in accordance with the EU law and following the guidance of the EASO/Frontex practical tool on access to the asylum procedure. c) Special measures applicable to vulnerable persons Greece and the participating MSs shall address the special needs of children, in particular unaccompanied minors, victims of trafficking in human beings, persons in need of urgent medical assistance, disabled persons, elderly people, pregnant women, single parents with minor children, persons with mental disorders and persons who could have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and other persons in a particularly vulnerable situation. 31/80
Team members shall refer to the national Greek officer with whom they work other vulnerable persons as described above. The national Greek officer shall hand them over to the officials of the First Reception Service. The victims of trafficking of human beings shall be handed over to Hellenic Police. d) Measures at the BCP Pursuant to the provisions of the Schengen Borders Code, upon interception, people who tried to circumvent border control or crossed the border illegally are brought to the border guard station where, insofar applicable, procedures with a view to readmission and removal of such persons are initiated. Deployed experts support, respectively, the administrative tasks support in the readmission procedures and the physical transportation of the migrants to the country of readmission. The responsible authorities of Greece for ensuring the Follow up measures: The implementation of the follow up measures shall be carried out primarily by Hellenic Police Officers. In respective cases it shall be carried out in care of and with the mediation of the locally responsible Hellenic Coast Guard. Afterwards, the above mentioned persons will be handed over to First Reception Mobile Units, where present, otherwise they will be transferred to the closest First Reception Centre. 3. Readmission Following the conclusions of the European Council of 17 /18 March 2016, the participating MSs deploy officers to support readmission procedures of persons apprehended or rescued when trying to circumvent border control or having crossed the border ille~ally. These officers shall perform their tasks under the instructions of the national team leaders. The Host MS provides adequate briefing on readmission procedures, including the powers that may be exercised, under the Host MS instructions, including during the physical transportation to the Third Country of readmission, such as the pre-departure phase, the security checks, the security measures on board, the means of transport and, if necessary, the use of coercive measures. The briefing shall also include the Information that Host MS makes sure that only persons who have exhausted or waived all remedies available under national law, are readmitted. For the purpose of readmission, any adequate means of transportation can be chosen taken into consideration the operational needs, the safety of the passengers and the instructions from the Host MS. Unaccompanied minors and members of vulnerable groups will not be a subject for readmission to Turkey in the Frontex supported and coordinated operations. Persons who expressed a wish to apply for asylum or International protection shall not be readmitted until their referral to the competent authorities are effectively performed and until the Asylum Service has decided upon their request for international protection. 4. Land patrols at coastal areas Surveillance methods used during Frontex coordinated land patrols (stationary surveillance, patrolling, etc) are: Vehicle Patrols Sighting - Surveillance carried out by technical means, including electronic means. In general, the tasks performed by the land patrols, as defined in Schengen Handbook are: 32180
to monitor the terrain they operate in to ensure that there is no risk to public policy and internal security in the patrolling area to check documents of persons being in the area, who are not known to the patrol team to stop all suspected persons who do not have any documents and ask them to explain in detail their reasons for being in that area to stop and bring to the nearest border guard/ police station persons who have crossed the border in an irregular way. For the purpose of interoperablllty of actions taken by the participating land and maritime units, the proper cooperation as well as timely and smooth exchange of information need to be ensured on the relevant issues including the predefined disembarkation points in order apprehended persons to be transferred in an organized way to the respective police services or to the designated reception facilities. Vehicle patrols Vehicle patrol is a surveillance method used by a small group of two or more police officers performing their duties moving on patrol cars in its area of responsibility. The composition, specific mission and patrol area of responsibility is determined by Local Police Coordinator (LPC) and validated by the International Coordination Centre (ICC). The mission of the vehicle patrols is to perform overall surveillance along the coast of the islands. Vehicle patrols act swiftly on anything happening in their area of responsibility and is under the responsibility of local Authority who orders it. The leader of the patrol has to be nominated for every patrol. The patrol cars are allowed, as referred above, approach everyone in the area to check documents of persons who are not known to the patrol team in order to ensure that such person didn't circumvent the border control. Sighting Sighting is the monitoring of traffic, movement or area from appropriate location to detect irregular border crossings and/ or disembarking persons. The purpose of the sighting and the actions to be taken in each case are clearly defined to the crew leader. At the location of the sighting, its leader has the responsibility to take security measures and to deploy the team in a way that its action will be easy and effective. Rules for security body searches Security body search takes place immediately after the arrest and aims at: Discovering and seizing weapons or other objects that may facilitate the escape of the apprehended person. Collecting evidence related to the crime, which could be destroyed by the apprehended person. Body search on women is conducted by a woman police officer. If there is not one on the spot, the police officer indicates another woman to conduct the body search. During the search the police officers must take care to not offend the dignity, personality or to unreasonably cause harm or bother the individual under search, to the level that this Is feasible. In case no other woman is in the area, police officers pay special attention to secure that women apprehended do not carry any weapon or attempt to throw away possible evidences. 33/80
Any member of the EBCGT wfll not conduct any task individually regarding security body searches and evidence collection but only with the presence of officers from the host MS according to the national rules. Evidence collection on the spot The police officers who arrive first on the spot shall: a. Keep intact the crime scene prohibiting to anyone non-authorized to approach and affect traces or objects found on the spot which can help in the investigation of the crime. b. If the crime was committed in a room, to guard it at the exterior and not allow the entrance to anyone non-authorized. c. Verify and report to their superiors the identity of the persons found , upon arrival at the crime scene or within short distance from it. d. When evidences is possible to be lost, police officers arriving first on the spot and have no jurisdiction to investigate, list everything in details and submit their report to the Investigating officers. They also gather any evidence and any Information on the crime and the perpetrator given by the victims and other persons and where possible act in order to pursue and arrest the perpetrator. Transportation of migrants Transportation of the apprehended persons on land takes place with special service cars and/ or transportation means. Exceptionally, if there are no such means available, any other services vehicle can be used, given that the Commander of the Unit responsible for this transportation considers this vehicle appropriate. Apprehended persons are transferred to the respective police service or to a designated reception place. For safety reasons and respect to the personality of the apprehended, the police officers must avoid, if possible, transfer on foot and call for support of a transportation unit. 34/80
ANNEX 7 - INITIAL PLAN OF DEPLOYED RESOURCES The resources below reflects the planned average numbers of monthly deployments of HR and TE co- financed by Frontex. The actual Deployments Overview will be available upon request during implementation phase. The final list of resources deployed in the JO will be presented in Frontex Evaluation Report (FER). Human resource~ Commented [WU7]: The non-disclosed parts contain information regarding the number and profiles of officers deployed in the operational area . Disclosing such information Partlcfpatins MS: would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. As a result, the course of ongoing and future -- Period: January - March 20 18 similar operations would be hampered, ultimately defeating ---------.i their purpose to counter and prevent cross·border crime and • I I unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1)(a ) first Indent of Regulation (EC) 1049/2001 I I I I I I I I TOTAL I • -- - Period: April - October 2018 • I I I I I •• I I I I I I I I I I I I I I I I •• •• I I I • • • • I I I • I •• -- Period: November 2018 - January 2019 - • I I I I I I I I I I I • JS/60
In addition: 1 FSO ICC and 1 Field Press Coordinator ore planned to be deployed for all year 2018 and January 2019; 2 First Line Officers at the respective BCPs far the limited periods ta be deployed Host MS: Commented [WUB): The non-disclosed parts contain infonnation regarding the number and profiles of officers deployed in the operational area. Disclosing such information would be tantamount to disclosing the weaknesses and strengths of Frontex operations and pose a risk to their effectiveness. As a result, the course of ongoing and future similar operations would be hampered, ultimately defeating their purpose to counter and prevent cross·border crime and unauthorized border crossings. Consequently, the disclosure of such information would undermine the protection of the public interest as regards public security as laid down Article 4(1 )(a) first indent of Regulation (EC) 1049/2001 Technical equipment Commented [WU9): The non-disclosed parts contain information regardins the type and number of technical equipment deployed in each operational area . Disclosing such information would be tantamount to disclosing weaknesses and strengths of the operations and opening way for abuse. The result of this will only be to hamper the I I •• course of ongoing and future similar operations, ultimately obstructing their purpose to counter and prevent cross· border criminality as well as prevent unauthorized border I I •• crossings. In this light, the disclosure of such information would undermine the protection of the public interest as rega rds public security in the sense of the first indent of •• •• Article 4(1 )(a) ot the Kegulation (EC) No 1049/1001 . •• •• •• •• • I •• • I Readmission activity REMARK: 12 The number of the TO· ff from HCG depends on the number of the maritime and aerial asserts and 1YV deployed to the opuational area 36/80
Any changes related to the level of the deployed resources in the course of the JO do not require the amendment of the Operational Plan . Those deployments will be agreed between Frontex, host and respective participating MS during implementation phase of the JO. The final list of the deployed resources will be reflected in Frontex Evaluation Report. 37180
ANNEX 8 - OPERATIONAL BRIEFING AND DEBRIEFING Operational briefing The Operational Briefing is composed of 2 parts: General briefing - delivered by Frontex National briefing - provided by the respective officers of the host MS Structure of the Operational briefing: As a general rule, FSO, Debriefing and Screening Experts, ALDOs as well as the National Officials and Third Country Observers will be briefed in the FLOIEURTF Piraeus during the first day of the deployment by Frontex and central authorities of the host MS. Debriefing experts will receive the supplementary intelligence briefing delivered by the Debriefing Advisor or Operational analyst and the 10 in the FLOIEURTF Piraeus on the second day of the operational briefing. Briefing on Serious Incidents Reporting will be supported by FSC Information Management Officers deployed in the FLOIEURTF Piraeus. In the exceptional cases, if requested by participating MS, the operational briefing can be executed at the deployment location. Registration and Fingerprinting Officers, Interpreters, Forced-return escorts, Officers of host MS, BSO and the crew members of the assets will be briefed at the deployment location during the first day of the deployment by Frontex and local authorities of the host MS. In despite that the participants receive the operational briefing on the central level, the briefing at the local level by both - FOCIFSO and the respective local authorities - will be delivered, too. Standard plan of the General Briefing: Legal framework of Frontex (including role, tasks and current structure of Frontex) Legal framework of the joint operation Fundamental rights in Frontex activities Code of Conduct Description and assessment of the situation in the area Operational concept, aim and objectives Information on implementation (period, briefing/debriefing, operational areas, participation) Main aspects of the Rules of Engagement Cooperation with third countries, other EU agencies and bodies or international organizations in the operational area The tasks and roles of participants Command and control, Communications within JO, FOSS, Press rules Reporting (JORA, incidents, SIR, reports of participants and Frontex) Contact details of responsible Frontex staff Organisational arrangements and logistics Evaluation (reports) The Debriefing experts will be introduced also to: 38/80
State of play including the current migration situation within the JO Purpose of debriefing and intelligence gaps Debriefing activities according to the Operation Plan and the Handbook Procedure of the host MS related to interviewing migrants/ access to migrants' belongings Guidelines for debriefing activities Use of Interpreters Safety rules before/during the debriefing activities Evidence collection Operational briefings will be complemented by EASO and Europol representatives by presenting their mandate and tasks within the area where all agencies are operating together. Standard plan of the National briefin!I: Introduction to the border management, national coast guard/border/police authorities, organizational structure and responsibilities of the respective central and local authorities Contact details of responsible officers (ICC and LCC Coordinators, Central and Local Police Coordinators, Team Leaders, LO·TE, etc) Introduction to the referral procedures and the responsible national authorities in regard to the vulnerable groups I people seeking international protection National legislation related to the powers and obligations of the Team Members and instructions (supported by a possible demonstration) for use of force including use of weapons . Transportation/storage/carry of weapons/special technical equipment Introduction to responsibilities and tasks of BCP, technological procedures for border control, access to information on national databases (for the First-line Officer only) Presentation of duty plan/working schedule for the deployed Team Members Working conditions and facilities In the specific operational area Logistical information on heavy equipment and spare parts delivery (applicable for crews only) The standard plan for the Forced-return escorts is defined in the annex 13. Operational debriefing The Operational debriefing for all participants will be performed by FOCIFSO on the spot in close cooperation with the local authorities during the last days of the deployment. In case the Operational debriefing for crewmembers cannot be organized for each deployed asset, it can be limited to the NO within the ICC. Operational debriefing should consist of at least the following topics: Brief feedback on the deployment in operation by the participants on: o cooperation with the central/local authorities and Frontex o the assigned tasks' execution within the overall operational concept o information flow among deployed officers - national authorities · Frontex Brief feedback of the performance of the deployed officers by the host MS representative • Questions/answers The Report from Participants is considered as a part of Operational debriefing. 39180
ANNEX 9 - COOPERATION WITH OTHER UNION AGENCIES AND BODIES OR INTERNATIONAL ORGANISATIONS Cooperation with EASO Frontex and European Asylum Support Office (EASO) have established their cooperation in the area of asylum and migration management, exchanging information and best practices on the functioning of their experts' database, sharing their respective training activities and the reports. The Agencies plan to strengthen their cooperation in operational areas, including training on nationality establishment and best practices and methods to better identify persons in need of International protection and promptly refer them to the competent authorities. Frontex will initiate a project aimed at creating the operational and technical capacity for the Agency to process personal data of persons who cross the EU external borders unauthorised and transmit it further to EASO. This project will be designed and implemented in close cooperation with the host MS and EASO, and the processing of personal data by Frontex will start only after the positive opinion issued by the European Data Protection Supervisor. Frontex and EASO will strengthen the coordination of their activities in the operational area in close cooperation with the host Member States authorities to ensure prompt referral and effective access to asylum procedures in accordance with the Common European Asylum Acquis. EASO contribute to the Operational briefings for Frontex deployed experts to maintain the awareness about EASO mandate and role at the hotspots as well as to present the Access to Asylum Procedure Tools developed jointly by EASO and Frontex In cooperation with FRA and UNHCR. Cooperation with EFCA and EMSA Cooperation among Frontex, the European Fisheries Control Agency (EFCA) and the European Maritime Safety Agency (EMSA) is based on strategic and specific modalities set in a Tripartite Working Arrangement signed by three Executive Directors in March 2017. Aligned with their mandates all there agencies cooperate in sharing maritime information, providing new surveillance and communication services, building capacity, analysing operational challenges and emerging risks in the maritime domain as well as planning and implementing multlpurpose operations. More detailed cooperation elements among three agencies can be defined and set in respective Standard Operating Procedures (SOP) and other related documents (e.g. SLA, etc.). The technical Subcommittee No 3 "Sharing capacities and legal issues" to be used as the backbone for further development of below defined technical cooperation elements among all three agencies. Frontex and EFCA The general operational cooperation between Frontex and EFCA is carried out through the International Coordination Centre (ICC) of Frontex JO and assigned contact points of the host MS respective authorities, and the Maritime Operational Centre of EFCA Typically cooperation should focus on the exchange of information, namely sightings as regards fisheries control within the operational area of the JO. In this frame: 40/80