This Annex provides an overview of administrative and criminal proceedings initiated by EU Member States against search and rescue (SAR) assets – vessels or reconnaissance aircraft – and/or against their crew. It starts with procedures initiated in Italy, followed by Germany, Malta, the Netherlands and Spain. It lists ongoing as well as closed proceedings known to FRA.
The Annex reflects information as of 30 June 2023. The legal proceedings are listed in reverse chronological order, taking the date on which the proceeding was initiated.
— February 2023: After her last mission, in which 48 people were rescued from distress at sea, the vessel was blocked at port for 20 days. MSF was ordered to pay a fine of €5,000 based on the new Italian law.
— May 2023: An appeal was lodged at the competent Italian court against the detention of the vessel and the fine imposed.
— July 2021: Detained at the port of Augusta (Italy) after an inspection of 14 hours on grounds of identified deficiencies.
— July 2021: Released after 24 days of detention.
— March 2018: The Catania District Prosecutor’s Office (Sicily) opened an investigation against the captain, the mission head and the Open Arms director on counts of “criminal association” and “facilitation of irregular migration” (Catania) and on a count of disobedience of Interior Ministry orders (Ragusa).
— May 2019: The Catania Prosecutor’s Office closed investigations against the captain and the mission head; the accusations of disobedience of the Interior Ministry orders are pending.
— November 2020: The tribunal of Ragusa (Italy) dismissed the case.
— April 2021: Seizure of the vessel after a port state control due to technical irregularities related to maritime security.
— June 2021: Released after more than eight weeks in detention at port.
— August 2019: Seizure of the vessel in Licata by the Prosecutor of Agrigento (Sicily).
— August 2019: The ship was released.
— March 2018: Pre-trial seizure of the ship in Pozzallo (Sicily) because of a violation of the Code of Conduct for Rescue NGOs and jeopardising migrants’ lives.
— April 2018: The Tribunal of Ragusa ordered the release of the ship.
— May 2018: The Criminal Court of Ragusa confirmed the release of the ship.
— January 2022: Administrative seizure after 11-hour state port control at the port of Trapani (Italy).
— January 2022: Released after 17 days of detention in the port of Trapani and following the correction of the deficiencies previously identified by the authorities.
— July 2020: Administrative seizure after a state port control at the port of Porto Empedocle (Sicily) for technical irregularities related to maritime security (granted a single voyage authorisation to proceed to shipyard in Augusta (Sicily) in November 2020).
— December 2020: Released after fixing irregularities (no appeal of seizure).
— January 2023: After an inspection in Palermo (Sicily) in 2020, the NGO risks a fine imposed by the Italian government.
— January 2022: After the disembarkation of 176 rescued migrants, the vessel was blocked in the port of Lampedusa (Sicily) under a ten-day mandatory quarantine despite all crew having tested negative for Covid-19 and being fully vaccinated.
— February 2022: The vessel was released.
— May 2020: Administrative seizure in Palermo (Sicily) for technical irregularities related to maritime security.
— July 2020: The vessel was released.
— June 2018: Prohibition of docking.
— March 2023: Blocked for 20 days in the port of Lampedusa (Italy). Detained for not ignoring distress calls on her way towards a safe port, and, according to Italian authorities, for rescuing too many people.
— May 2023: The ship is back in the Mediterranean Sea.
— June 2023: The NGO operating the ship filed a complaint against the 20-day detention imposed on the asset in March 2023.
— March 2021: The Ragusa Public Prosecutor’s Office (Sicily) opened a case for aiding and abetting illegal immigration against four crew members. They were accused of receiving money in exchange for the transhipment of a group of migrants.
— December 2022: The Tribunal of Ragusa ordered the seizure of €125,000 in equivalent assets belonging to the Idra Social Shipping company, owner of the ship.
— June 2023: The Public Prosecutor’s Office in Ragusa requested an indictment and is awaiting the setting of the preliminary hearing.
— September 2020: Denial of boarding to rescue staff of the NGO’s Rescue and Medical Team by the Italian Coast Guard at the port of Pozzallo (Sicily) and port of Augusta (Sicily) respectively.
— June 2020: Investigations against the captain and ship-owner after disembarkation of rescue operations in Pozzallo (Sicily) for refusal to obey orders of maritime authorities – opened by the Office of the Public Prosecutor in Ragusa (Sicily).
— May 2019: Investigation opened against the captain and coordinator and shipowner for “aiding and abetting illegal migration”.
— October 2021: The Public Prosecutor’s Office in Agrigento (Sicily) requested the dismissal of the charges against the shipowner and shipmaster.
— January 2022: The judge for preliminary investigations of the Tribunal of Agrigento (Sicily) dismissed the charges against the shipmaster and the head of mission.
— March 2019: Investigation against the captain and the mission head for aiding illegal immigration and refusal to obey a warship by the Prosecutor of Agrigento (Sicily).
— December 2020: The Tribunal of Agrigento (Sicily) closed the investigation and dismissed the case.
— December 2021: The High Court of Italy confirmed the seizure of the ship.
— January 2022: Vessel released.
— November 2020: Blocked in the port of Venice for mandatory maintenance work as provided by the Italian Naval Register.
— September 2019: Administrative seizure of the vessel in Lampedusa for violating the Security Decree Bis. The Court of Agrigento (Sicily) orders a €300,000 fine.
— February 2020: The ship was released by the Palermo Court (Sicily).
— May 2019: Seizure of the vessel in Lampedusa due to accusations against the captain and the mission head.
— May 2019: Prosecutors of Agrigento (Sicily) did not uphold the seizure but ordered another type of impoundment for more evidence to be collected.
— March 2019: Seizure of the vessel in Lampedusa due to accusations against the captain and the mission head on the grounds of favouring irregular migration.
— March 2019: The ship was released after a week.
— June 2023: Blocked at port for 20 days and fined €3,333. The NGO Sea-Eye filed a lawsuit at the Civil Court of Chieti against the twenty-day administrative detention of the ship in Ortona and the associated fine of €3,333.
— June 2021: Seizure of the vessel after a port state control due to technical irregularities related to maritime security (transporting too many passengers).
— August 2021: Released with support of Ship Safety Department of BG Verkehr (German insurance company).
— June 2023: blocked in port for 20 days and fined €3,333 after rescue for refusing to head to the assigned port and asking to proceed to the nearest one.
— June 2023: Sea-Watch appealed both the detention and financial sanction and also sought interim measures to request the release of the vessel.
— July 2023: The ship was released.
— Decision of the Palermo Administrative Court (Sicily) still pending.
— September 2020: Administrative seizure at the Port of Palermo (Sicily) for technical irregularities related to maritime security.
— October 2020: The vessel appealed against the blockade.
— December 2020: The Regional Administrative Court of Palermo stayed the proceedings and referred the case to the Court of Justice of the EU (CJEU).
— March 2021: Released pending outcome of the preliminary ruling.
— May 2021: Detained again after appeal by the Italian Coastguard.
— September 2021: Released and bound for the port of Burriana (Spain) to prepare for further operations.
— August 2022: The CJEU delivered its preliminary ruling: it declared that rescue at sea is a duty and port state controls must not be used arbitrarily against NGOs in the future. The CJEU also emphasized that Italy cannot demand an imaginary certification which does not exist under the German flag. Also, the number of rescued persons is not a valid reason for detention. While port state controls may continue to take place, they must be carried out on schedule or with a valid reason.
— June 2019: Investigation of the captain for resistance or violence against warships and aiding illegal immigration by the Prosecutor of Agrigento (Sicily). House arrest in Lampedusa.
— July 2019: No validation of the arrest by the Court of Agrigento (Sicily), hence the captain was released.
— January 2020: The Court of Cassation (Rome) rejected the appeal of the Public Prosecutor of Agrigento (Sicily) on the validation of the arrest.
— May 2021: The Prosecutor of Agrigento (Sicily) dismissed the charges against the captain Carola Rackete.
— January 2019: Investigation against crew members for violating environmental laws, navigation safety, and facilitating illegal immigration by the Prosecutor of Catania (Sicily).
— February 2019: Case discontinued, and no investigations were initiated; crew cleared of all accusations.
— September 2022: After having disembarked 428 rescued persons, Sea-Watch 3 was detained following an inspection by the Reggio Calabria Port Authority.
— November 2022: Appeal against the detention of Sea-Watch 3, including the request for interim measures, was filed at the Administrative Regional Tribunal (TAR) of Reggio Calabria.
— January 2023: The court rejected the request for interim measures.
— April 2023: The ship, granted a single voyage authorisation, left the port of Reggio Calabria for a scrapyard in Belgium, where it was demolished and recycled.
— March 2021: Seized in port of Augusta (Sicily) and allowed to proceed to shipyard in port of Burriana (Spain) in May 2021.
— July 2021: Ship operational again.
— July 2020: Administrative seizure of the vessel at the port of Porto Empedocle for technical irregularities related to maritime security (granted a single voyage authorisation to proceed to Burriana (Spain) in September 2020).
— February 2021: The ship was released.
— May 2019: Seizure of the vessel in Lampedusa.
— June 2019: The ship was released.
— June 2019: Seizure of the vessel in Lampedusa due to accusations against the captain and the mission head.
— December 2019: The ship was released.
— July 2018: Prosecutor of Trapani (Sicily) opened investigations against individual (former) crew members.
— March 2021: The prosecutor brought charges against individual (former) crew members for aiding and abetting illegal immigration, along with staff from MSF and Save the Children (see Vos Prudence and Vos Hestia).
— May 2022: Preliminary court hearings of the 21 former crew members started.
— June 2022: Suspension of the proceedings due to procedural errors by the prosecution.
— February 2023: The court rejects the request of the Prime Minister’s Office to join the trial as plaintiffs. The Ministry of the Interior was formally admitted as a third party, but still without addressing the substance of its claims.
— March 2023: Judge upholds Italy’s jurisdiction and refers territorial competence question to the Court of Cassation (Rome).
— May 2023: Judge rejects prior claims on inadequate evidence sharing and Iuventa lawyers submit a constitutional complaint challenging the legal basis of the crew’s criminalization for facilitation of irregular entry.
— June 2023: Judge rejects Iuventa’s constitutional complaint and request for a preliminary ruling from the Court of Justice of the EU regarding translation of “essential documents”.
— August 2017: Prosecutor initiated a preventive seizure of the ship.
— August 2017: The ship was ordered to the port of Lampedusa.
— April 2018: The Supreme Court of Cassation (Rome) confirmed the seizure of the ship.
— December 2022: After being held in the port of Trapani for five years and abandoned by the harbour master’s office, Iuventa became unseaworthy and in danger of sinking. The court ordered that extensive maintenance work must be carried out on the ship to restore it to the condition it was in before the seizure in August 2017.
— February 2023: Iuventa crew filed a criminal complaint to the Trapani Prosecutor’s Office requesting an investigation into the abandonment and destruction of the ship.
— October 2020: Administrative seizure in Olbia (Sardinia) due to technical irregularities related to maritime security (including transporting too many passengers).
— January 2021: Sea-Eye filed a lawsuit against the Italian Ministry of Transport and Olbia Port Authority for the blockage.
— April 2021: Released pending decision on the legality of the detention.
— July 2021: Sold to the NGO ResQPeople for financial reasons.
— June 2020: Italian Coast Guard granted a single voyage authorisation to proceed to Spain to fix the issues.
— August 2020: Sea-Eye filed a lawsuit against the Italian Ministry of Transport and Palermo Port Authority for the blockage.
— August 2017: Investigations against MSF staff for aiding irregular migration by the Prosecutor of Trapani (Sicily) along with Save the Children and Jugend Rettet staff.
— March 2021: The Prosecutor’s Office in Trapani charged Vos Hestia crew with accusations of aiding and abetting illegal migration. The proceedings are still pending (see Iuventa for more details on preliminary hearings).
— October 2017: Police search on board after an undercover agent had worked on the ship.
— October 2017: Captain interviewed by the Deputy Prosecutor of Trapani (Sicily) and investigation discontinued.
— November 2018: Italian magistrates accuse the crew of the ship of alleged illegal management of waste before the Criminal Court of Catania (Sicily), along with the Aquarius vessel crew.
— September 2023: Opening of trial before the Criminal Court of Catania.
— March 2021: The Prosecutor of Trapani (Sicily) concluded investigations on the accusation of facilitating illegal migration.
— May 2021: MSF staff are summoned to a preliminary hearing before the Criminal Court of Trapani (see Iuventa for more details on preliminary hearings).
— September 2020: The aircraft was grounded by the Italian Civil Aviation authority for spending too many hours at sea and for risking endangering ongoing SAR operations carried out by state actors and the safety of navigation in the area.
— October 2020: The aircraft was released.
— July 2019: Investigation against the captain and the mission head for aiding of illegal immigration and refusal to obey a warship by the Prosecutor of Agrigento (Sicily) and a €65,000 fine for violating the Security Decree Bis.
— July 2019: Seizure of vessel in Lampedusa for violating the Security Degree Bis.
— February 2020: The ship was released.
— Since March 2020, no longer operational due to COVID-19 protocols.
— September 2019: Investigation against the captain and the mission head for aiding of illegal immigration by the Prosecutor of Ragusa (Sicily) and €300,000 fine for violating the Security Decree Bis.
— June 2021: The Court of Ragusa in Sicily lifted the fine of €300,000 imposed on the captain Claus-Peter Reisch.
— September 2019: Administrative seizure of the vessel in Pozzallo (Sicily) for violating the Security Decree Bis.
— November 2018: Staff members of the Aquarius (operations from January 2017 to May 2018) under investigation initiated by the Prosecutor of Catania (Sicily) for “illegal management of waste”.
— September 2023: Opening of the trial before the Criminal Court of Catania (Sicily).
— November 2018: The Prosecutor of Catania (Sicily) ordered the seizure of the vessel in absentia (while docked in Marseille) and the seizure of €200,000 from MSF.
— January 2019: The Court of Catania (Sicily) annulled the decision on the seizure of €200,000.
— May 2017: The Prosecutor’s Office in Palermo initiated investigations against the crew, accused of criminal association with the aim of facilitating illegal immigration and of an alleged connivance with traffickers from Libya.
— June 2018: The Tribunal of Palermo discontinued the investigation.
— January 2019: Spanish Maritime Authorities denied permission to sail due to “violations of maritime regulations”, ship blocked in Spain.
— April 2019: Spanish authorities allowed the vessel to deliver humanitarian aid to refugee camps in Lesvos (Greece) and Samos (Greece) but not to conduct SAR operations.
— October 2020: Blocked at the port of Burriana (Spain) for registration issues.
— January 2022: Vessel back in operation.
— April 2020: Seizure of the ship on the basis of safety requirements by the German Professional Association for Transport and Traffic, and appeal against the application of the law change.
— September 2020: The Administrative Court of Hamburg granted the ship permission to set sail.
— April 2019: Seizure of the ship on the basis of safety requirements by the German Professional Association for Transport and Traffic.
— May 2019: The Administrative Court of Hamburg granted the ship permission to set sail.
— September 2019: The Higher Administrative Court of Hamburg confirmed the Administrative Court decision.
— April 2019: Dutch government imposed more stringent technical safety requirements for the ship without a transition period and blocked the ship.
— May 2019: The court in The Hague ruled that the new requirements were legal, but the transitional period was too short. The judges removed the blockade and suspended the recent requirements until 15 August 2019.
— August 2019: The court in The Hague ruled on the appeal lodged by Sea Watch and extended the transitional period until December 2019.
— January 2019: Extensive inspections mandated by the Dutch authorities; ship blocked in Italy.
— February 2019: The flag state granted the ship permission to set sail again.
— July 2018: Accusation by the Public Prosecutor’s Service against the captain for not following the orders of the Italian Maritime Rescue Coordination Centre and entering Maltese territorial waters illegally.
— May 2019: The Court of Valletta fined the captain €10,000 for operating a ship that was not properly registered for rescue operations.
— January 2020: The Court of Appeal of Malta overturned the decision and cleared the captain of all charges.
— June 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
— June 2018: Lifeline impounded.
— July 2018: Maltese authorities launched investigations due to potential issues with the registration of the ship under the Dutch flag.
— December 2018: The ship was released.
— June 2019: The Sea-Eye was transferred to Hamburg, where it has since served as a documentation ship for search and rescue.
— August 2018: The Dutch government confirmed in a report to the Maltese authorities the correct registration of the Sea-Watch 3.
— October 2018: The Sea-watch 3 was cleared to leave Malta after three months of detention.
— July 2018: Authorities blocked the aircraft due to lacking permits for SAR operations.
— October 2018: The aircraft resumed operations.