Operational Plan ~ FRONTEX. EPN PROGRAMME Joint Operation EPN Hera /SBS/O 1. OPERATIONS DIVISION Joint Operations Unit Sea Borders Sector

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1 ~ FRONTEX -Warsaw 26 July 2013 Reg. No Ref: OPERATIONS DIVISION Joint Operations Unit Sea Borders Sector Operational Plan EPN PROGRAMME Joint Operation EPN Hera /SBS/O 1 Prepared by Approved by Si nature Signature llllllllllllll~ ~~~~~~~~~~~~~G~i~l ~A~r=ia=s~~~~~~~~~~~~~~~~~~-~ Project Manager European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union Deputy Executive Director Rondo ONZ 1, Warsaw, Poland Tel Fax Commented [Al]: The non-disclosed text contains the name of an actor participating in Frontex activities. The disclosure of such information would undermine the protection of the privacy and the integrity of the individual, in particular in accordance with EU laws regarding the protection of personal data. In this regard the text is not disclosed pursuant to the exception laid down in Article 4(1 )(b) of Regulation (EC) 1049 / 2001.

2 Index 1 INTRODUCTION 1.1 Legal Framework of Frontex 1.2 Fundamental Rights in Frontex activities Obligations of Frontex Obligations of all persons involved in Frontex activities Confidentiality 2 DESCRIPTION AND ASSESSMENT OF THE SITUATION 2.1 Background Information 2.2 Main Analytical Findings 2.3 Profile of Migrants, Sea Trips and Modus Operandi 2.4 Other Findings 2.5 Outlook 3 OPERATIONAL AIM AND OBJECTIVES 3.1 Operational aim 3.2 Operational objectives 4 IMPLEMENTATION 4.1 Period of implementation 4.2 Additional information 4.3 Operational areas 4.4 Initial Participants 4.5 Operational briefings I debriefings and trainings Operational briefing I debriefings Training by LCC trainers OPERATIONAL CONCEPT General description Information on application of relevant jurisdiction and legislation of Spain in the operational area where the joint operation takes place Main activities assigned to expected achievement of objectives Border surveillance Use of Maritime assets Use of Aerial assets 5. 5 Search and Rescue 5.6 Information (intelligence) gathering 6 COOPERATION WITH THIRD COUNTRIES AND OTHER ENTITIES 6.1 Cooperation with third countries 6.2 Cooperation with other EU agencies and bodies or international organizations Reg. No Z/37

3 6.2.1 Cooperation with EUROPOL Cooperation wit h EFCA Cooperation with MAOC-N Cooperation with EMSA Cooperation with EASO and FRA Cooperation with UNHCR Principle guidelines for participating MS and Host MS when suspecting or facing cross border crime and other unlawful activities at maritime domain 21 7 COORDINATION STUCTURE Partnership Tasks and roles of participants International Coordination Centre (ICC) ICC Coordinator Joint Coordinating Board (JCB) National Official (NO) Intelligence Officer (10) Seconded Guest Officers and Guest Officers (Experts) Commanding Officer (CO) Observers from third countries Interpreters/ Cultural Mediators Regional Coordination Cent re (RCC) RCC Coordinator HQ IN 3'd Count ry Liaison Officer - Technical Equipment (LO-TE ) Local staf f of the Host Member State Additional staff of the Host MS Assets and other technical eq uipment Proj ect Manager and Project Team Operational Analyst (OA) Special Advisor for debriefing activities Frontex Situation Cent re (FSC) Frontex Coordinating Officer (FCO) Frontex Operational Coordinator (FOC) Fron tex Support Officer (FSO) Third Countries Liaison Officers 28 8 COMMAND, CONTROL AND COMMUNICATIONS Command and Control Communication Reporting Incidents reporting Incident management process Validation at ICC Serious Incident Reports (SIR) The reports of Experts The reports of National Trainer and Guest Officers, Commanding Officers participating in the national briefing 31 Reg. No 3/ 37

4 8.3.7 Frontex reports 9 ORGANISATIONAL ARRANGEMENTS AND LOGISTICS 9.1 Arrangements of deployed resources 9.2 Transport 9.3 Technical Equipment from MS 9.4 Field visits 11 EVALUATION MS and Observers Frontex ANNEXES Reg. No 4/ 37

5 1 INTRODUCTION The present version of the Operational Plan may be revised at any time in order to correspond with the new operational developments in accordance with art 3a of (EC) as amended by (EC) 1168 /2011. The Annexes of the Operational Plan might be also subject to change, in agreement with the Host Member States, throughout the course of the joint operation due to operational reasons (e.g. change of indicators, list of operational area airports - module package, list of contacts, guidance tools, etc.). In that case, Frontex will provide an updated version of the respective Annex via FOSS to all Member States1. Those changes will be limited only to the Annexes and will not be considered as an amendment of the Operational Plan. 1.1 Legal Framework of Frontex Frontex is an essential instrument of the European Union (EU) in the gradual establishment of the Integrated Border Management (IBM) system. It has been established with an aim to improve the IBM system and it facilitates and renders more effective the application of existing and future EU measures relating to it. However, the responsibility for the control and surveillance of external borders lies entirely with the EU Member States. Frontex was established by the Frontex Regulation' on the basis of the provisions of the Treaty on the Functioning of the European Union (TFEU) establishing an area of freedom, security and justice 3 In this area the free movement of persons is ensured by abolishing border control at internal borders between the EU Member States. The abolishment of internal border control requires high and uniform levels of control at the EU external borders. Frontex was thus established to improve and facilitate that task. The legal basis, objectives, tasks and responsibilities of Frontex are formulated in the Frontex Regulation and in its operational activities Frontex is subject to the EU law. 1.2 Fundamental Rights in Frontex activities Obligations of Frontex Frontex is obliged to fulfill its tasks in full compliance with the relevant EU law, including the Charter of Fundamental Rights, the relevant international law, including the Convention Relating to the Status of Refugees from 1951, obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights, and taking into account the reports of the Consultative Forum referred to in Article 26 a of the Frontex amended Regulation. The Frontex Regulation requires Frontex to put in place an effective mechanism to monitor the respect for fundamental rights in all its activities. One of the steps to fulfill this task was to develop a Frontex Code of Conduct applicable to all persons participating in Frontex activities. The Frontex Code of Conduct (ANNEX 7) 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 unaccompanied minors and vulnerable persons, as well as on persons seeking international protection, including the obligation of referral to national authorities for receiving asylum requests. Pursuant to the provisions of the Frontex Regulation, a Fundamental Rights Officer is appointed to assist the mechanism of monitoring the fundamental rights issues in the Frontex activities. 'For the purposes of the present document, the term "Member State" includes also the States participating in the relevant development of the Schengen acquis in the meaning of the Treaty on the Functioning of the European Union and its Protocol (No 19) on the Schengen acquis integrated into the framework of the European Union. 2 Council Regulation (EC) No of 26 October 2004, published in OJ L 349, , as last amended by Regulation (EU) No of 25 October 2011 (published in OJ L 304, , p. 1). 3 Articles 74 and 77 (2) (b) and (d) of the Treaty on the Functioning of the European Union. Reg. No S/ 37

6 As regards training activities, Frontex is obliged to take the necessary initiatives to ensure that all border guards and other personnel of the Member States who participate in the European Border Guard Teams, 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 guidelines for the purpose of identifying persons seeking protection and directing them towards the appropriate facilities. Furthermore and pursuant to the provisions of the Frontex Regulation, Frontex has an obligation to suspend or terminate its operational activity in a case of serious or persistent violations of fundamental rights or international protection obligations Obligations of all persons involved in Frontex activities All persons involved in Frontex 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 stated in the present Operational Plan and are obliged to comply with the rules of their mandates. While taking part in Frontex activities they are obliged to comply with the European law, international law, fundamental rights and national law of the Host Member State. Furthermore, the Home Member State of each border guard shall provide for appropriate disciplinary or other measures in accordance with its national law in case of violations of fundamental rights or international protection obligations in the course of an operational activity. All persons involved in Frontex activities are to act responsibly and proportionately to the current objectives. While performing their duties they shall not discriminate persons on grounds of sex, race or ethnic origin, religion, belief, 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 all observations regarding violations of fundamental rights via the appropriate chain of command. Prior to their deployment they have an obligation to participate in the training activities including fundamental rights issues Confidentiality This Operational Plan is marked as "Limited" which means without prejudice to the public right of access to documents as laid down in Regulation (EC) 1049 / 2001 of the European Parliament and of the Council of 30 May 2001, regarding public access to European Parliament, Council and Commission documents, all versions of this document shall only be made available to the authorities referred in each Member State or Schengen Associated Country as "Law Enforcement". This document shall be made available to other interested parties only on a need-to-know basis and in accordance with European and national rules on the protection of sensitive / classified information. Such dissemination of this document shall be done only on a case-by-case basis. 2 DESCRIPTION AND ASSESSMENT OF THE SITUATION 2. 1 Background Information The JO Hera I and II were implemented in 2006 as an operational response to the high irregular migratory flows reported that year on the Canary Islands ( irregular migrants intercepted). The Sea Horse Project was also initiated to provide the Spanish authorities with situational awareness at the external sea borders focusing on the area of the Canary Islands. Furthermore, the Regional Coordination Centre (CCRC) Reg. No 6/ 37

7 was established on the Canary Islands. Additionally, the Spanish surveillance system (Sistema lntegrado de Vigilancia Exterior - SIVE) was extended to the southeast, incorporating the Canary Islands of El Hierro, La Gomera and Tenerife. 4 These actions together with the continuation of the JO HERA in 2007 (Hera 111), led to a decrease in the number of irregular migrants reported on the Canary Islands in 2007 (12 473) and an even further decrease in 2008, with irregular migrants intercepted. The decrease in the number of arrivals on the Canary Islands at the beginning of 2009, especially the lack of arrivals during the months of April and May, overlapped with a ' fishing ban' in Mauritania (from 1 May to 1 July 2009, the ban included fishing by trawlers and large fishing boats). Senegal also imposed a similar ban in July and August 2009 and, most likely, this hampered the modus operandi used for the illegal crossings to the Canary Islands (facilitators were hindered from alleging that they were fishing during the illegal crossing), bringing the figures of 2009 to a lower level (2 284 irregular migrants intercepted). On account of the increased migration flow of Malian nationals to the Canary Islands in 2007 (470) and 2008 (1 539), the Spanish authorities signed an agreement with the Government of Mali in 2009 aimed at repatriating only Malian nationals. Consequently in 2009, 491 of the 673 irregular Malian migrants were repatriated. A second displacement occurred during 2010 relating to air routes from West African countries towards Turkey and Greece. On account of the free movement of nationals belonging to the area of the Economic Community of West African States (ECOWAS), migrants can move freely within the region towards other areas and thereby shift to alternative routes with a view to exploiting cheaper, safer and easier ways to reach the EU. The increased use by Moroccan, Libyan and Tunisian migrants of several air routes from Moroccan and Senegalese airports to Istanbul airport was noticed as they were not required to hold a visa for Turkey for an intended stay of up to 90 days. This allowed them to continue their travel from Turkey to Greece. Commented [A2]: The blanked-out text contains sensitive information_about the modus operandi of law enforcement officials and indications of the operational area. Disclosure of such information would harm the performance of future operational tasks taking place at the related area and would facilitate performance of irregular migration. Therefore it would harm the public interes.!._as regards public security. n this regard the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a) of Regulation (EC) 1049 / Another indicator related to irregular migration that radically changed during the JO Hera 2010 was the nationality of migrants. In 2010, 86% of the intercepted migrants claimed to be Moroccan nationals, whereas in previous JOs this nationality was one of the lowest reported. On account of the bilateral agreement between Spain and Morocco, migrants were returned to Morocco within a few days after their interception. Reg. No 7137

8 On account of the fact that fuel is one of the key elements in the organisation of t rips, the Moroccan aut horities established a regulation limiting the quantity of jerry cans or plastic containers which could be filled with fuel. All the above mentioned facts led to a sharp decrease in the number of arrivals on the Canary Islands in 2010, with just 204 irregular migrants intercepted. The protracted crisis in Mali and the volatile political situation in other African States have also had a clear influence on migratory flows towards neighbouring countries and the EU, and have caused a change of routes in Africa. There was a reorganisation of criminal groups and the modus operandi used to facilitate t he movement of potential migrants, with the reactivation of the West African route because of the influx of migrants fleeing from conflict areas in the Sahel region. Commented [A3]: The non-disclosed text refers to relevant information obtained by intelligence on modus operandi used for migrant smuggling and its disclosure could harm the implementation of future measures to counter this type of cross border crime during operations coordinated by Frontex. In this regard the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a) of Regulation No 1049 / 2001 relating to the protection of the public interest as regards public security. 2.2 Main Analytical Findings The JO EPN Hera 2012 no longer ran throughout the entire year as it was operational between 2 July and 15 December 2012 with operational areas identical to those the preceding year. However, the vast majority of incidents in 2012 occurred during the JO, justifying the proposed timing of activation. The following table summarises the major indicators in t he years : Indicator JO Hera Incidents Migrants Facilitators Asylum Applications Repatriations without data for December Apparently, the number of incidents slightly increased during 2012 compared to the previous t wo years, yet the number of apprehended migrants significantly dropped. This might be because of t wo facts: on t he one hand, as in previous years, some incidents involved no migrants but simply empty boats and their numbers distort the real picture; on the other hand some incidents were related to drug smuggling rather t han irregular migration. Reg. No 8/ 37

9 Over the past 2-3 years, the vast majority of apprehended migrants were Moroccan. The following table shows the main nationalities of irregular migrants apprehended on t he Canary Islands in 2011 and 2012: Nationality Morocco Commented [M ]: The blanked-out text contains sensitive information about the modus operandi of law enforcement officials and indications of the operational area. Disclosure of such information would harm the performance of future operational tasks taking place at the related area and would facilitate the performance of irregular migration. Therefore it would harm the public interes!_as regards public security. In this regard the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a ) of Regulation (EC) 1049/ Senegal 4 18 Guinea 4 0 Mali 2 Ot her 10 6 Tot al Profile of Migrants, Sea Trips and Modus Operandi The profile of the Moroccan migrants: young (but rarely underage) males seeking jobs mainly in Spain or France. Most of them have relatives or friends in the destination countries. They t ravel without documents to avoid repatriation. Several Moroccans applied for asylum although the rate of successful asylum applications is very low which inevitably means that a small number of them will be granted asylum in the end. Detailed information on nationalities regarding asylum seekers and granted asylums in 2012 on the Canary Islands: Asylum Seekers Granted Asylums Tenerife Las Palmas Tenerife Las Palmas CIV COD GIN IRN JOR LBY MAR MLI PSE Sahrawi SEN SYR Other Total Reg. No 9/ 37

10 I Total Canary I 33 7 These Moroccan migrants typically possess a low education of level, and are unmarried and jobless. ~ Commented [AS]: The blanked-out text contains 2.4 Other Findings In 2012, three incidents occurred involving deaths, one incident during the JO. The number of search-andrescue interventions was also three. With regard to detections, 20 cases they took place inland while 13 cases occurred at sea (it is worth noting that one incident occurred both inland and at sea). In 22 of the incidents, the detection was reportedly inside the operational area while in 12 cases the detection occurred outside the operational area. 2.5 Outlook It is difficult to predict how the flow of migration will develop during the rest of 2013 in relation to the geo-political situation in North Africa and particularly in the Sahel region, although it is clear that developments in the Maghreb countries will play a crucial role in determining the intensity and modality of irregular migration and refugee flows towards the Western Mediterranean sea in The internal displacement of migrants from other African countries fleeing conflict areas and the movement of migrants stranded in the main departure countries could potentially lead to irregular migratory flows towards the Canary Islands via Morocco, Senegal or Mauritania. Additionally, should police agreements currently in force with Morocco and Algeria no longer be enforced, this would influence the current migration trend. Forging better co-operational links with North African countries from where irregular migrants mainly depart would in effect help to reduce departures. In particular, building a strategic partnership with Morocco is crucial; a series of negotiations on tighter intelligence obtained by law enforcement officials about the modus operandi of facilitators. Disclosure of such information would harm the performance of future operational tasks taking place at the related area and would facilitate the performance of irregular migration. Therefore it would harm the public interesl_as regards public security. In this regard the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a) of Regulation (EC) 1049 / Reg. No 10/ 37

11 cooperation between Spain and Morocco, as well as between Morocco and Frontex would definitely have a positive impact on curbing irregular migration and smuggling in the region. proved very effective and their continuation will significantly contribute to the early detection of would-be migrants heading for the Canary Islands. However, it would be an advantage in terms of curbing irregular migration if, after due dialogue and agreement with the Moroccan authorities ~-- Commented (A6]: The blanked out parts contain information regarding the operational area. Their disclosure would expose law enforcement officials patrolling the area and harm the course of future and ongoing operations, thus facilitating irregular migration. This would undermine the protection of the public interest as regards public security. In light of the above, the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a) of Regulation No 1049/ OPERATIONAL AIM AND OBJECTIVES 3.1 Operational aim The operational aim is to coordinate the operational efforts and cooperation between Members, to tackle the irregular immigration across the external borders of the EU from West African countries towards the Canary Islands (Spain). 3.2 Operational objectives 1. Enhance border security 2. Enhance efficiency of border security 3. Enhance operational cooperation 4. Enhance exchange of information 5. Enhance efficiency of the exchange of information 6. Identify possible risks and threats 7. Establish and exchange best practices 8. Support establishment of permanent structures 9. Support provision of trainings More detailed information regarding operational objectives and indicators is provided in ANNEX 2. Any amendment of the above mentioned subject will be reflected in revised ANNEX 2 without amending the Operational Plan. 4 IMPLEMENTATION 4. 1 Period of implementation 5 Commencement 1 August :00 (local time) ~Foreseeable duration of the joint operation as indicated in the 3 (a) Article - 1. Paragraph e.) - of the Frontex Regulation. Reg. No 11 / 37

12 Termination 31 October :00 (local time) 4.2 Additional information Travel days Briefing/ training Debriefing Travel days should be planned by MS in close cooperation with the Project Team in order not to affect the initial Operational Briefing and the deployment period displayed in ANNEX 4. Operational Briefings for crews from air/ maritime assets and expert s will be performed during the first days of deployment If and when possible, debriefing for crews from air/ maritime assets and experts will be performed during the last days of deployment (see chapter 4.5) 4.3 Operational areas Taking into account a possibility to face with unforeseen developments in relation to the arrivals of irregular migrants, as well as other incidents related to cross-border crime activities next to the established operational areas or/ and in the vicinity, Frontex in cooperation with Host MS may decide to adjust temporary aforementioned operational areas according to the actual needs and situation in the area. Thus maps indicating operational areas have to be renewed and information about the changes has to be passed to all stakeholders involved in the JO. Commented [A7]: The blanked out parts contain information regarding the operational area. Their disclosure would expose law enforcement officials patrolling the area and harm the course of future and ongoing operations, thus facilitating irregular migration. This would undermine the protection of the public interest as regards public security. In Light of the above, the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a ) of Regulation No 1049 / Initial Participants Host MS Home MSs Spain Italy, Luxembourg 3rd countries Other entities Senegal, Mauritania, Morocco (Exchange of information between the Liais Officers and ICC) EUROPOL, MAOC-N, EFCA, EMSA, EASO, FRA, UNHCR Detailed map of the Operational Areas can be found in Annex 1. Any amendments of the operational areas made throughout the course of implementation will be reflected in revised Annex 1 without amending the Operational Plan. Reg. No 12137

13 More detailed information regarding Participants and period of implementation of the joint operation is provided in ANNEX 4. Any amendments of the above mentioned subjects will be reflected in revised ANNEX 4 without amending the Operational Plan. 4.5 Operational briefings I debriefings and trainings Operational briefing I debriefings Operational Briefing with deployed resources In case of deployment of debriefing teams, they will be briefed by the OA and the debriefing Adviser (their role-tasks are described in Annex 3) on recent developments in Canary Islands, as well as the migration trends in the main source / transit African countries intelligence gaps, discuss difficulties met and possible improvements. The ICC will organize a daily operational briefing aiming to update the situational and operational developments in the operational areas and discuss difficulties met and possible instant improvements. The Senegalese HQ located in Dakar, will organize weekly operational briefing for the assets' Commanders. The aim of the briefing is to update on current situational and operational developments in the operational area, to draft the weekly patrolling schedule and to discuss about difficulties and possible instant improvements. If possible, at the end of the deployment of each asset and debriefing expert deployed, host MS in close cooperation with FOC and OA will organize debriefing for experts and crews to receive an instant feedback about the operation. The GOs briefing and debriefing could be organized directly on the place of deployment (Fuerteventura - Tenerife) l> Seconded Guest Officers (SGO)/Guest Officers (GO), National Officials (NO) and Observers All SGO / GOs (in case of deployment), NOs and Observers from 3rd countries will be briefed by Project Team at the beginning of their deployment, in centralized way; Besides the general briefing, additional briefing will be delivered to the Joint Debriefing Teams (JOT) by Operational Analyst (OA) for debriefing activities; Briefing on JORA will be delivered by Project Team with the support of FSC; Debriefings The debriefing for GOs, crews and observers from third countries will be performed by Project Team, in close cooperation with local authorities in the operational areas during the last days of deployment; In case the operational debriefings cannot be organized for each deployed asset, debriefing can be limited only to NOs, within the ICC; The Report of Participants is considered as part of debriefing. Standard plan for briefing/ debriefing of participants can be found in ANNEX Training by LCC trainers The LCC trainers are responsible for carrying out national briefings, based on the Common Briefing Pack, for all participants of the joint maritime operation deployed in the operational areas at the local level. LCC trainer shall: Reg. No 13 / 37

14 Assist the project manager in delivering trainings/ briefings as requested by the project manager; Report to, consult and provide regular updates to the project manager regarding trainings carried out; Support the development process of training courses, tools and materials, including the implementation process of such activities; Prepare reports after each activity and submit them to the project manager; Assist in preparing assessments and evaluations of the project activities. TRU, in close cooperation with JOU, is responsible to organize the national trainings based on the deployment lists provided by the Project Team members. The reasonable solutions for the duration and date of the trainings shall be found between TRU and JOU in order to achieve the cost effectiveness and to ensure the implementation of training to all participants. After the briefing, the GOs and Commanding Officers shall deliver the " Feedback Report", regarding the briefing performed by RCC Trainer. RCC Trainers will perform national briefings only for debriefing experts, in case they are deployed in Canary Islands in the framework of EPN Hera In case the Host MS Authorities have not nominated LCC Trainers in the location where assets will be deployed, RCC Coordinator is responsible for carrying out national briefings, based on the Common Briefing Pack, for all participants of the joint maritime operation deployed within JO. 5 OPERATIONAL CONCEPT 5.1 General description The responsibility for the control of the external borders remains with the MS. Frontex facilitates and renders more effective application of existing and future EU measures related to the management of external borders, by ensuring the coordination of MS actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the MS. All the activities shall be planned and executed based on EU law, the relevant national legislation and existing provisions of international law, both customary and conventional and in close cooperation with the involved authorities of the MS, in particular the Host MS. Actions are coordinated by the ICC in Madrid and RCC in Las Palmas, without prejudice of the privileges of the national operation chain of command and control specific to each participating MS. The command and control of technical means and experts participating in the operation remain under the authority of the national commands. In case interception turn to Search and Rescue (SAR) operational tasks need to be execute under the coordination of the responsible MRCC / MRSC according to internationally approved SAR procedures. Border surveillance will be ensured by maritime assets patrolling in the predefined area. Deploying aerial assets will enhance the border surveillance by ensuring the early detections contacts of interest. The additional deployments will be carried out following the risk assessment recommendations. All suspicious contacts of interest detected in the operational areas shall be reported to the ICC as well as to the relevant authorities of these third countries. All MS (including Host MS) must guarantee the examination of the "personal circumstances" of each individual person intercepted or rescued thus being under the continuous and exclusive de jure and the examination should include: a) Examine the "personal circumstances" of each individual and b) Enable each individual to put forward their arguments against the measure aiming to return them to the place of departure in 3'd country. Reg. No 14/ 37

15 The actions during the operational phases of the EPN JO Hera 2013 include deployment of assets and guest officers in order to: Perform joint patrols at operational area; Provide additional support to the Spanish authorities by using additional technical resources and optimization of tactical use; Encourage the guest officers and local staff to share experiences and exchange expertise as well as to constantly update their knowledge on the illegal migration trends in order to adopt counter measures to tackle the phenomena; Carry out high standard interview procedures in order to collect reliable and valuable information and assist the screening of irregular migrants; To support the national authorities in collecting information on migrants upon their apprehension, with the aim of identifying those suspected of being involved in the facilitation of the irregular migrants, human trafficking and other cross border crime activities; To provide a clear and updated situational awareness concerning the operational area, modus operandi, main trends and possible rapid changes in this respect; Exchange daily and ad-hoc information with ICC/FSC / Project Team as the main actors responsible for the overall cooperation in the framework of EPN Horizontal Programme 2013; Promote the cooperation among EU MS with West and North African countries, particularly Senegal and Morocco. 5.2 Information on application of relevant jurisdiction and legislation of Spain in the operational area where the joint operation takes place Spain has bilateral agreement with Senegalese authorities 6, enabling Senegal 's involvement in the operation and allowing Spain, supported by Frontex to perform surveillance at sea on the territorial waters and EEZ of this country, making possible the early detections. Senegalese authorities agreed to allow the home MS to support Spain (host MS) in the performance of the surveillance activities. The following international conventions as well as EU law regarding interception rescue at sea and disembarkation shall apply: United Nations Convention on the Law of the Sea, 1982 United Nations Convention against Transnational Organized Crime and the Protocols thereto (Palermo Convention) International Convention for the Safety of Life at Sea, 1974 International Convention on Maritime Search and Rescue, Convention relating to the Status of Refugees and its 1967 Protocol International Convention on Salvage, 1989 Council Decision (2010 / 252 / EU) of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external 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 6 (Memorandum de colaboracion entre el cobierno del reino de Espana y el gobierno de la rebublika de Senegal sabre las condiciones de puesta en funcionamiento de patrullas conjuuntas en el marco de la lucha contra la emigracion cladestina por via maritime a traves de la aplicacion del programa Frontex) concluded on The blacked out passage contains information on cross-border crime obtained via cooperation with a Third Country. Releasing it would undermine the protection of public interest as regards to public security and international relations. It thus cannot be disclosed, pursuant to exception set forth in the first and the third indents of Article 4(1)(a). Reg. Na 15/ 37

16 5.3 Main activities assigned to expected achievement of objectives The actions during the operational phase of JO EPN-Hera 2013 include deployment of additional technical means and human resources in order to: Provide support to Spanish Authorities in border surveillance; Encourage local staff to share experiences and exchange expertise as well as to constantly update their knowledge on the irregular migration trends in order to adopt countermeasures to tackle the phenomena; Collect and assess information in order to improve the detection of human smuggling and trafficking in human beings facilitation by individuals and/ or criminal networks and assist wherever possible identification and detention of facilitators; Provide with clear and updated situational picture concerning the operational areas, modus operandi, main trends and possible rapid changes in this respect; Carry out daily and ad-hoc exchange of information between Frontex and all operational actors and structures involved; Promote the inter-agency cooperation and cooperation with other international and EU bodies and Third Countries. 5.4 Border surveillance Border surveillance shall be carried out by the home MS and the Schengen Associated Countries aerial and maritime assets as well as the Spanish stationary and terrestrial mobile equipment in Canary Islands - in order to detect all suspicious contacts of interest and, when needed, intercept them. The Commanding Officers of participating assets should provide to the ICC all details about occurring incidents they directly deal with (time and coordinates of detection and interception, type of vessels and engines, number of irregular migrants and possible identification of skippers on vessels, as well as objects in their possession). The ICC Coordinator ensures the transmission of all data collated by deployed assets to the FOC and the 10. In case of debriefing experts deployed, the 10 will immediately pass this information to the JDT, to support the gathering of information and improve the profiling of irregular migrants through interviews, as well as support the identification of facilitators/ skippers. Then the 10 will transmit this information to Frontex Project Team on a daily basis. The following operational concept for the assets has to be applied: Fixed Wings Airplane, - Surveillance I detection I tracking I identification OPV, CPV - Detections, tracking, identification and interceptions Flexibility in the patrolling schedule is a key element for the success of the Joint Operation. Participating means can be requested by the ICC to reschedule patrolling activities according to the weather condition or to the operational needs Use of Maritime assets The task of maritime units is to detect, track and identify all suspicious contacts of interest in the operational areas ("Canary and "Senegal") by using all available surveillance systems enabling the detection and, when is needed, interception, thus avoiding illegal migration towards Canary Islands and fighting cross border crime. The maritime units shall perform their tasks under the guidance of the ICC (through the NO), following the planning confirmed during the daily Joint Coordination Board (JCB) meetings. The patrolling schedule must be flexible and carried out according to assets' capabilities; the analytical findings presented by the OA, the information contribution by the 10. Reg. No 16/37

17 Maritime assets shall perform their tasks under the guidance of the ICC in coordination with National Official. Furthermore, 2 Spanish maritime assets co-financed by Frontex will be deployed in Senegal), in order to patrol in the Operational area. The maritime assets shall carry out their activities in combination with the aerial assets In case the ICC receives some information about departures affecting the operational area, the patrolling schedule has to be adapted to the new circumstances. Commented (AS]: All the blanked out parts here contain ~ ~ sensitive information on the tactics and modus operandi of These actions are coordinated by the ICC, without prejudice of the privileges of the national operational chain of command and control specific to each participating MS. The ICC will properly plan the maritime assets' patrols ensuring that it will be supported by aerial assets. It is highly important to ensure the proper communication among the part1c1patmg means, NO and ICC. During the JO, all participating maritime assets should preferably be equipped with a positioning system. In case the vessel is not equipped with positioning system, it will communicate their position to the ICC, at least every 1 hour. The path followed by each asset regarding the activities carried out during the previous 24 hours will be shown every day by the NO / ICC Coordinator at JCB meeting. The mentioned path should be also included in the "Technical Equipment Mission Report" (ANNEX 26), to be filled out by all participating assets at the end of each patrolling activity. Host MS specifies the measures of control and constraint to be made by the vessels of the participating MS in the frame of interceptions based on its legislation related to the control of migrants and the relevant provisions of the international law Use of Aerial assets The task of aerial units is to detect track and identify all targets in the predefined operational area () by using all available surveillance equipment, in order to get clear and accurate situation awareness in the operational areas and to support the maritime assets. Aerial patrolling of participating MS aircrafts will take place in the Senegalese operational area. Based on intelligence, aerial patrols could be performed in other areas. Air units will be deployed to patrol daily, especially lllllllllllllllllllllllaccording to the risk assessment and planning of the ICC / RCC/HQ Senegalese Navy. law enforcement officials, including information on naval and air bases, as well as indications of the operational area. Their disclosure would expose officials in the area and harm the course of future operations taking place at the same area, thus facilitating irregular migration. Therefore, public security will be affected. In this regard the text is not disclosed pursuant to the exception laid down in the first intend of Article 4(1)(a) of Regulation No 1049/ 2001 relating to the protection of the public interest as regards public security. according with the international law of sea, thus those units which belong to different authorities (no law enforcement) have to adapt to those procedures including their level of security in the communications. Moreover, when required by the ICC, the patrolling means might patrol out of the predefined operational area, in order to detect, to track or identified a suspicious objective. Reg. No 17/ 37

18 be communicated to ICC every 30 minutes. The path followed by each patrol aircraft regarding the activities carried out during the previous 24 hours will be shown every day by the NO / ICC Coordinator at JCB meeting. The mentioned path should be also included in the "Technical Equipment Mission Report" (ANNEX 26), to be filled out by all participating assets at the end of each patrolling activity. 5.5 Search and Rescue Search and Rescue (SAR) operations in the operational areas are to be conducted under the coordination of the competent MRCC, according to internationally approved SAR procedures. The assets of the participating MS / SAC shall inform the ICC about any SAR event they are aware. They also could be requested to take part in SAR cases The ICC will deal with the competent MRCC and will inform the Project Manager or the FOC about the current situation and the involvement of Frontex co-financed assets in a SAR operation. Frontex encourages MS/ SAC to ensure that patrolling vessels deployed in the Frontex coordinated joint maritime operations are equipped with basic supplies, such as adequate medical kits and sufficient quantities of water, food and blankets Rules for sea border operations and guidelines for Search and Rescue can be found in Annex Information (intelligence) gathering Analytical findings based on information gathering are of utmost importance for better situational awareness at the external sea borders, the promotion of timely and appropriate decision making for planning of operational activities in the framework of the JO as well as support in the identification of facilitators during irregular migrant interviews, communicating all relevant information to the hosting authorities The Intelligence Officer appointed by the host MS will liaise on daily basis with the central and local authorities of the host MS, the ICC / RCC / HQ 3'd Country Coordinator, the OA and the FOC in gathering and sharing relevant operational information. In case of increased arrivals to the Canary Islands, nominated guest officers (debriefing experts), will be deployed upon Frontex written request, enabling the Authorities of the host MS to combine debriefing teams supported by interpreters/ cultural rnediatod' ~ Commented [A9]: The blanked parts contain sensitive and detailed information regarding the debriefing activities carried out for intelligence gathering. Their disclosure would jeopardize the work of law enforcement officials and harm the course of the future operations, thus facilitating irregular migration. Therefore public security will be affected. In this regard the text is not disclosed pursuant to the exception laid down in the first intend of Article 4(1 )(a) of Regulation No 1049 / 2001 relating to the protection of the public interest as regards public security. Reg. No 18/ 37

19 However, operational needs might lead to redeployment. 6 COOPERATION WITH THIRD COUNTRIES AND OTHER ENTITIES 6. 1 Cooperation with third countries Under the framework of the bilateral agreement established between Senegal and Spain the participating MS patrolling assets can be deployed and operate in this country. In addition, Moroccan and Senegalese Liaison Officers (LO) are permanently deployed in the RCC in Las Palmas. 6.2 Cooperation with other EU agencies and bodies or international organizations Cooperation with EUROPOL Frontex and Europol shall cooperate during the JO EPN Hera 2013 through exchange of information and intelligence. In particular, Frontex shall instruct debriefing experts that any personal data gathered during debriefing activities on facilitators or persons suspected of being involved in the facilitation of irregular immigration, on terrorism or serious and organized crime shall be passed to the hosting authorities to be provided to Europol. The Europol National Unit will ensure the input of such data into the Europol Information System or its transmission to Europol through SIENA to be used by Europol as appropriate for cross-checking and analysis purposes and shall inform the host MS, Frontex, and other MS / SAC, as appropriate, about the outcome of the analysis and cross-checks, to the extent the data protection regulation permits. When inserting the data in the system, The Europol National Unit will tag it as EPN-Hera 2013, in order to facilitate EUROPOL the possibility to analyze separately the information, in order to provide feedback to the ICC and to Frontex Cooperation with EFCA Typically cooperation should focus on the exchange of information, namely sightings, as regards fisheries control within JO EPN-Hera 2013 operational area. EFCA dedicated contact point will receive, via the ICC, the whole collated or collected information (pictures and / or videos) related to possible illegal fishing cases that might be detected by participating assets during patrolling activities. EFCA's template with the minimum requirements for sighting information to be collected in case of detection of a fishing boat will be used by participants (Annex 28). EFCA's contact point will provide the ICC with the list of vessels of interest from fisheries perspective as well as inform on position of detected boats during EFCA's campaign which could be of possible interest for Frontex. Also EFCA will deliver to the crew-members from participating MS / SAC airborne and seaborne assets a tailored briefing package on fisheries control. Ad-hoc cooperation on case by case basis can also take place. Reg. No 19/ 37

20 6.2.3 Cooperation with MAOC-N Cooperation with EMSA The cooperation between Frontex and EMSA will be carried out as agreed during the multi-lateral meeting (host MS, Agencies and Frontex) held in Madrid on April 23, 2013; EMSA will receive through SASEMAR (Clean SeaNet) the whole collated information (pictures and / or videos) related to possible pollution cases that might be detected by participating assets during patrolling activities. In addition to that, in case ICC/Frontex will receive information from EMSA, via SASEMAR, about possible pollution in the operational area, aerial means will verify the case if possible Cooperation with EASO and FRA Frontex and EASO signed a Working Arrangement on 26 September 2012 and they 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 their 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. Commented [AlO]: The blanked out text contains sensitive information about operational activities, in particular regarding the tactics and modus operandi of law enforcement forces. Disclosure of such information would reveal a tactic of law enforcement trying to prevent criminal activities, would harm the performance of future operational tasks taking place at the related area and would facilitate performance of irregular migration. Therefore it would harm the public interest as regards public security. In this regard the text is not disclosed pursuant to the exception laid down in the first indent of Article 4(1 )(a) of Regulation (EC) 1049/ Frontex and FRA signed a Working arrangement on 26 May 2010 and FRA is in process of finalizing a research on the situation of third country nationals at the EU external borders. The publication of a report specifically focused on sea borders included several important recommendations and standards Reg. No 20 / 37