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EU: MARITIME SURVEILLANCE: SEARCH & RESCUE: THE COUNCIL DITHERING: Council of the European Union

17 October 2013

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"Certain delegations" support the Commission's detailed search and rescue procedures in Articles 9-10 while "six delegations" (ie: Greek, Spanish, French, Italian, Cyprus and Maltese) say the EU has no "competence" and that "these elements should be deleted" and replaced by a, short, general obligation to international law.

Although the Council Presidency observes: "The Presidency considers that leaving such elements to be ruled in the operational plans adopted by Frontex could be seen as delegating to Frontex the powers to establish essential elements of legislation touching upon the fundamental rights of individuals which pursuant to the abovementioned ECJ judgement should be reserved to the EU legislature, the very reason for which the 2010 Decision has been annulled." It nonetheless proposes that "The proposal of the six Member States could be used as a starting point" and by adding the "necessary substantial rules and criteria regarding search and rescue and disembarkation, which Frontex would need to observe when establishing the operational plan."

See the full text: Proposal for a Regulation of the European Parliament and of the Council 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 Members States of the European Union (pdf)

And see: The European Parliament Draft Report accepts the Commission's proposals for search and rescue: Draft European Parliament report: on the proposal for a regulation 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 Members States of the EU (pdf) European Parliament: LIBE Committee: Working Document no 1 (pdf) and Working Document no 2 (pdf)

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