Map of search and rescue operations in the Mediterranean up to June 2022
FRA 2022
20
June
2022

June 2022 Update – Search and Rescue (SAR) operations in the Mediterranean and fundamental rights

The EU Agency for Fundamental Rights (FRA) regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution, or to pursue a better life. This is an average of five people per day.
Overview

In the past, civil society vessels rescued a significant number of migrants in distress at sea. These vessels seek to reduce fatalities and bring rescued migrants to safety in the European Union (EU). Since 2018, national authorities began administrative and criminal proceedings against crew members or vessels. They also tried to limit their access to European ports, causing delays in disembarkation and leaving rescued people at sea for over 24 hours waiting for a safe port.

NGO ships involved in search and rescue in the Mediterranean and legal proceedings against them

FRA published a note in October 2018 on Fundamental rights considerations: NGO ships involved in search and rescue in the Mediterranean and criminal investigations. The Agency regularly updates the two tables accompanying this note which describes criminal and administrative proceedings against non-governmental organisations (NGOs) or other private entities deploying search and rescue (SAR) vessels and aircraft.

Since December 2021, two new administrative proceedings were initiated in the first half of 2022. In the same period, at least one SAR vessel stopped operating in the Aegean Sea due to the changes in Greek laws on the operation of rescue NGOs. The map below illustrates the position and situation of civil society SAR vessels and aircraft as of 15 June 2022. It includes those who had to stop their activities. It also indicates past and ongoing legal proceedings against the vessels and/or their crew members.

Map of SAR activities in the Mediterranean up to June 2022

Map showing NGO assets involved in SAR operations in the Mediterranean Sea between 2016 and 15 June 2022

Due to ongoing criminal and administrative proceedings, vessel seizures, as well as mandatory maintenance work, some of these assets are blocked at ports and thus cannot carry out SAR operations. Out of 21 assets, ten currently operate (in green on the map). Out of these ten, seven perform SAR operations (‘Sea-Watch 4’, ‘Astral’, ‘Aita Mari’, ‘Aurora’, ‘Sea-Eye 4’, ‘Nadir’ ‘Louise Michel). The remaining vessels and reconnaissance aircraft undertake monitoring activities. Four are blocked in ports pending legal proceedings (in red on the map). Seven vessels (in yellow) are currently docked due to other technical reasons. The map also displays vessels and/or their crew subject to past or current legal proceedings. 

The two updated tables accompanying the note contain new developments over the past six months. Table 1 is an overview of all NGOs and their vessels and reconnaissance aircraft involved in SAR operations since 2016 in the Mediterranean. It also shows if they have been subject to legal proceedings. In the past six months, one reconnaissance aircraft started operating (‘Seabird 2’), one stopped operating (‘Moonbird’) and one NGO rescue vessel stopped monitoring (‘Mare Liberum’).

In addition to the few civil society rescue vessels deployed, state vessels and commercial ships also conduct rescue activities. Until 1 June 2022, to prevent any potential spread of Covid-19 rescued people were quarantined on board before landing or in ports right after their disembarkation (for more on quarantine vessels, see FRA’s Quarterly Bulletins on migration-related fundamental rights concerns).The Italian Health Ministry stopped this practice as of 1 June 2022.

Table 2 provides details on ongoing or closed investigations and administrative or criminal proceedings against private entities involved in SAR operations as of June 2022. It shows that since 2016 Germany, Greece, Italy, Malta, the Netherlands and Spain initiated 60 proceedings. Since December 2021, two new legal cases opened in Italy, in addition to eight legal proceedings started in 2021. Among the new cases opened in Italy one concerned the administrative detention of a vessel due to technical irregularities relating to maritime security which were identified after port authority inspections.

Overall, the most common issues detected by port authorities concerned the excessive number of passengers, ship assets not working properly, having too many life jackets on board, having inadequate sewage systems for the number of potentially rescued people, as well as for causing environmental pollution. No new case was opened against individual crew members on the basis of ‘aiding and abetting illegal immigration’ charges.

The applicable EU and international legal and policy framework remains unchanged. The original note’s related legal analysis can be found here. All information is up-to-date until 15 June 2022.

FRA will follow closely any further developments and continue to report regularly.

Download Table 2: Legal proceedings by EU Member States against private entities involved in SAR operations in the Mediterranean Sea (June 2022) (PDF, 297 KB) >>

Difficulties in finding a safe port

Since 2018, FRA publishes data on vessels that were not immediately allowed to disembark migrants and had to wait at sea to be assigned a safe port for more than 24 hours. This can be found in FRA’s annual Fundamental Rights Report (2020 – see table on p. 113, in 2021 – see Annex, and in 2022 – see also Annex). In 2022, as in previous years, rescue boats in the Central Mediterranean continued to remain at sea for a long time waiting for authorisation to enter a safe port. Delays in disembarkation risk the safety and physical integrity of rescued people. The overview table below describes instances FRA could corroborate when vessels with rescued people had to remain at sea for over a day waiting for a safe port. In 2022 (as of 15 June), at least 19 such instances were reported. There were 17 in 2021 and 22 in 2020.

The overview table in the tab Table – Vessels without a safe port shows that in the reported 19 instances, 3,716 rescued people (including at least 928 children) had to remain at sea for over a day until the national authorities allowed them to dock. In some cases, they waited while multiple rescue operations were carried out. In 12 cases, they waited for a week or more until the national authorities allowed them to dock.

Many asylum seekers, refugees and migrants rescued in the Central Mediterranean were picked up by the Libyan coastguards and brought back to Libya. Of those who left Libya by sea in 2022, 8,270 disembarked in Libya, compared to 32,425 in 2021, 11,891 in 2020, 9,225 in 2019 and nearly 15,000 in 2018. Italy renewed its cooperation agreement with Libya in July 2021. Malta signed a memorandum of understanding with Libya in May 2020 to cooperate in operations against irregular migration. As the political situation in Libya deteriorated, in July 2021, the International Organization for Migration and the UN Refugee Agency reiterated their call for states to refrain from returning anybody rescued at sea to Libya.

Legal framework

Assisting people in distress at sea is a duty of all states and shipmasters under international law. Core provisions on search and rescue (SAR) at sea are set out in the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR Convention), and the 1982 UN Convention on the Law of the Sea (UNCLOS). In general, the shipmaster (of both private and government vessels) has an obligation to render assistance to those in distress at sea without regard to their nationality, status, or the circumstances in which they are found. A rescue operation terminates only when survivors are delivered to a ‘place a safety’, which should be determined taking into account the particular circumstances of the case, as specified by the 2004 amendments to the SAR Convention adopted by the International Maritime Organisation (IMO).

The IMO Guidelines on the treatment of persons rescued at sea further specify that a ‘place of safety’ is “a place where the survivors’ safety of life is no longer threatened and where their basic human needs (such as food, shelter and medical needs) can be met”. The selection of a place of safety should take due account of the principle of non-refoulement. Disembarkation where the lives of refugees and asylum seekers could be at risk of persecution, torture or other serious harm must thus be avoided.

The 2022 Joint Statement on Place of Safety by UN entities and the 2018 UN Global Compact for Safe, Orderly and Regular Migration (Objective 8) equally reaffirmed the above basic rules and principles.

In the context of controlling the EU’s external sea border under the Sea Borders Regulation (Regulation (EU) No. 656/2014), EU law incorporates the obligation to render assistance at sea and to rapidly identify a place of safety where rescued people can be disembarked in compliance with fundamental rights and the principle of non-refoulement. This prohibits disembarkation of rescued persons in a country where there is a risk of torture or ill-treatment applies irrespective of any request for asylum by the individual.

The duty to fully respecting the right to life (Article 2 of the EU Charter of Fundamental Rights and the European Convention on Human Rights) and to save lives at sea rests primarily on EU Member States. These core obligations cannot be circumvented under any circumstances, including for considerations of external border control.

As part of the new Pact on Migration and Asylum, the European Commission Recommendation (EU) 2020/1365 on cooperation among Member States concerning SAR operations carried out by private vessels encouraged Member States to ensure rapid disembarkation in a place of safety, where the fundamental rights of rescued people are guaranteed, in conformity with the EU Charter and the principle of non-refoulement.

Table - NGO ships involved in SAR operations
Table 1: NGO ships involved in SAR operations in the Mediterranean Sea between 2016 and 15 June 2022
(ordered by last active date)
Vessel Flag
State
NGO NGO
country
of
registration
Operational Comments Legal
proceedings
(Yes/No)
May
2017
Aug
2018
1 Jun
2019
15 June 2020 15 Dec 2020 15 Jun 2021 10 Dec 2021 15 June 2022
Rise Above DE Mission Lifeline DE - - - - - - Started operations in October 2021.
In preparation to resume operations in summer 2022.
No
Aurora UK Sea-Watch
with technical support of the British NGO SAR-Relief
DE - - - - - - - Started operations in May 2022. No
ResQpeople DE ResQ – People Saving People IT - - - - - - Started operations in Aug. 2021. No
Nadir DE RESQSHIP DE - - - - - Started operations in June 2021 (involved in SAR operations but it primarily conducts monitoring operations). No
Ocean Viking NO SOS Méditerranée & Médecins Sans Frontières (until May 2020) FR, DE, IT and CH - - -

Started operations in July 2019, until April 2020 (Covid crisis stop) in partnership with MSF.

Resumed operations (SOS MED only) in June 2020.

Seized at the port of Empedocle (Siciliy) from July 2020, allowed to proceed to shipyard in port of Augusta (Sicily) in November 2020 and released on December 2020.

Operational since January 2021 (in maintenance in Naples (Italy) from May until mid-June 2021).

Resumed operations after 17 days of detention in the port of Trapani in January 2022.

Yes
Geo Barents NO

Médecins Sans Frontières

NL - - - - -

Started operations in May 2020.

Detained in July 2021 in the port of Augusta (Sicily) on grounds of identified deficiencies after an inspection of 14 hours.

Operational again in August 2021 after 24 days of detention.

Yes
Astral SE ProActiva Open Arms ES

Started operations in June 2016.

Under maintenance from April to June 2019.

After a brief period of monitoring arrivals in the Canary Islands (Spain), it resumed operations in the Mediterranean in August 2020.

Under maintenance from November 2020 to February 2021.

Deployed in support of 'Open Arms' in February 2021.

Docked at the port of Badalona (Spain) for engine failure in September 2021, then set to sail again in mid-November 2021.

Operational again in the central Mediterranean in May 2022.

Yes
Aita Mari ES

Humanitarian Maritime Rescue Association (SMH)

ES -

Started operations in 2017.

Blocked by the Spanish government from January to April 2019.

Seized at the port of Palermo (Sicily) from May to July 2020.

It resumed operations in February 2021.

Docked in the port of Burriana (Spain) over the summer for regular maintenance work and resumed operations in October 2021.

Blocked at the port of Lampedusa (Italy) after the disembarkation of 176 migrants due to mandatory Covid-19 quarantine despite all crew members testing negative and being fully vaccinated in January 2022.

Headed back to the port of Vinarzo (Spain) after 10 days quarantine to prepare for new missions in February 2022. Under periodic checks in the port of Burriana (Spain) in May 2022.

Yes
Moonbird
(reconnaissance aircraft)
CH

Sea-Watch

in joint cooperation with the Swiss NGO Humanitarian Pilots Initiative

DE

Started operations in April 2017.

Resumed operations in October 2018 after a three months blockade by the Maltese government.

Grounded in September 2020 by the Italian Civil Aviation authority, then resumed operations in November 2020.

Retired after five years of mission in February 2022.

Yes
Mare Liberum
(used only for human rights monitoring)
DE Mare Liberum DE - ✘*

Started operations in 2018.

Detained in Hamburg (Germany) from April to May 2019.

Blocked by change of ship safety certificate between April and September 2020.

Decided to suspend maritime operations in October 2020 fearing repercussions and shifted to monitoring in the Aegean Sea. Stopped its monitoring operations in the Aegean Sea in February 2022 due to changes in Greek law regulating search and rescue NGOs.

Yes
Colibri 2
(reconnaissance aircraft)
FR

Association Pilotes Volontaires

FR - - - - -

Started operations in December 2020.

 

No
Seabird 2
(reconnaissance aircraft)
CH Sea-Watch  in joint cooperation with the Swiss NGO Humanitarian Pilots Initiative DE - - - - - - -

Started operations in February 2022.

Since March 2022, Seabird 2 has been prevented from entering the Libyan Flight Information Region (FIR) above the Libyan Search-and-Rescue zone. The Libyan authorities require a PPR (Prior Permission Required).

No
Seabird 1
(reconnaissance aircraft)
CH Sea-Watch  in joint cooperation with the Swiss NGO Humanitarian Pilots Initiative DE - - - ✘*

Started operations in June 2020.

Since March 2022, Seabird 1 has been prevented from entering the Libyan Flight Information Region (FIR) above the Libyan Search-and-Rescue zone. The Libyan authorities require a PPR (Prior Permission Required).

No
Open Arms ES ProActiva Open Arms ES - ✘*

Started operations in July 2017.
Seized from March to April 2018.

Blocked by the Spanish government from January to April 2019.

Seized at the port of Licata (Sicily) in August 2019, then released the same month.

Under maintenance from February to August 2020.

Seized in Pozzallo (Sicily) from April to June 2021, then back to the port of Burriana (Spain) for maintenance works.

Resumed operation in October 2021.

Yes
Sea-Eye 4 DE Sea-Eye NO - - - - -

Started operations in May 2021.

Seized at port of Palermo (Sicily) since June 2021.

Resumed operations in Aug. 2021.

Yes
Mo Chara NIR Refugee Rescue NIR ✘* Started operations in early 2016. Operations on pause from August 2020 to May 2021.
It resumed operations in the Central Mediterranean onboard the Sea Eye 4, which resumed operations in August 2021.
No
Sea-Watch 4
(In collaboration with Médecins Sans Frontières until 2020)
DE

Sea-Watch

DE - - - ✘*

New acquisition in January 2020.

Started operations in August 2020.

Detained at port of Palermo (Sicily) from September 2020 to March 2021.

Detained in Trapani (Sicily) from May to September 2021, then directed to the port of Burriana (Spain) for maintenance work.
Resumed rescue operations in October 2021.

Operated by Sea-Watch until August 2022, then handed over to the NGO SOS Humanity in May 2022; expected to operate from August 2022.

Yes
Sea-Watch 3 DE Sea-Watch DE -

Started operations in July 2017.

Seized at the port of Licata (Sicily) in May 2019 and from June to December 2019.

Denied to leave the port of Catania (Sicily) from January to February 2019.

Denied to leave the port and detained in Malta from July to October 2018.

Seized at the Porto Empedocle (Sicily) since July 2020 and allowed to proceed to shipyard in port of Burriana (Spain) in September 2020.

Released in February 2021.

Detained in port of Augusta (Sicily) in March 2021 and allowed to proceed to shipyard in port of Burriana (Spain) in May 2021.

Resumed rescue operations at the end of July 2021.

Yes
Mare Jonio IT Mediterranea (with support from Sea-Watch and Proactiva Open Arms) IT - -

Started operations in October 2018.

March 2019: first seizure of the vessel in Lampedusa due to accusations against the Captain and the Mission Head.

Released in March 2019.

May to August 2019 and September 2019 to February 2020: second and third seizure at the port of Licata (Sicily).

Resumed operations after Covid-19 in June 2020.

Denial of boarding to Rescue and Medical Team in September and October 2020 at the port of Pozzallo (Sicily) and the port of Augusta (Sicily) respectively. Docked in different locations in Veneto (Italy) since November 2020 for mandatory maintenance work prescribed by the Italian Naval Registry.

The Italian High Court confirmed the seizure of the vessel in December 2021. Resumed operations after the inquiry by the Prosecutor in Ragusa (Italy) in January 2022. Forced to stop in the port of Palermo (Italy) due to a technical problem in January 2022.

The Tribunal of Agrigento (Italy) dismissed the charges against the shipmaster and the head of mission in January 2022 for a rescue operation occurred in May 2019.

Yes
Louise Michel DE M.V. Louise Michel DE - - - -

Started operations in August 2020.

Blocked at the port of Burriana (Spain) for registration issues since October 2020.

Resumed operations in January 2022. Blocked at the port in Valencia (Spain) for maintenance work in April 2022.

Yes
Eleonore DE Mission Lifeline DE - - -

Started operations in August 2019.

Seized at the port of Pozzallo (Sicily) since September 2019.

Yes
Lifeline NL Mission Lifeline DE -

Started operation in 2016.

Seized in Malta since July 2018.

Yes
Iuventa NL Jugend Rettet DE

Started operations in July 2016.

Seized in Trapani (Sicily) since August 2017.

Preliminary hearings in Trapani (Italy) on the charges against 21 former crew members started in May 2022.

Yes
‘Alan Kurdi’
(previously ‘Professor Albrecht Penck’)
DE

Sea-Eye

DE - -

Started operations in December 2018.

Seized at the port of Palermo (Sicily) from May to June 2020.

Resumed operations in September 2020.

Seized at the port of Olbia (Sardinia) from October 2020 to April 2021.

Docked in Burriana (Spain) for maintenance work over the summer.

Sold to the NGO ResQ – People Saving People with the name ResQPeople in July 2021.

Yes
Alex Mediterranea IT Mediterranea Saving Humans IT - - - ✘*        

Started operations in July 2019.

Seized at the port of Lampedusa from July 2019 to February 2020.

No longer operational due to Covid-19 protocols.

Yes
Josefa
(used only for monitoring and observation in SAR zones)
DE RESQSHIP DE - - ✘*      

Started operations in April 2019.

Stopped operations in October 2019.

ResQship is planning to resume operations with a new ship.

No
Minden - LifeBoat DE         Stopped operations in 2019, date not available. No
Aquarius

SOS Méditerranée &

Médecins Sans Frontières

DE/FR/IT/CH

NL

          Stopped SAR operations in December 2018 after having been de-flagged twive and under a seizure order since November 2018. Yes
The Seefuchs - Sea-Eye DE         Stopped SAR operations after having been denied to leave the port and detained in Malta from June to Nov. 2018. It was then donated to PROEM-AID and renamed ‘Life’. Yes
The Sea-Eye - Sea-Eye DE         Stopped SAR operations after contestation of its NL flag and seizure in Malta since July 2018. Yes
Vos Hestia - Save the Children US         Stopped SAR operations in October 2017. Yes
Vos Prudence
(operated by MSF Belgium)
- Médecins Sans Frontières (MSF) FR         Stopped SAR operations in October 2017. Yes
Golfo Azzurro - ProActiva Open Arms ES
 
        Stopped SAR operations in September 2017. Yes
Phoenix - Migrant Offshore Aid Station (MOAS) MT         Stopped SAR operations in August 2017. No
Sea Watch 2 - Sea-Watch DE        

Stopped SAR operations in July 2017; replaced by ‘Sea Watch 3’.

It is now called ‘Lifeline’, operated by the NGO mission lifeline.

No
Sea Watch - Sea-Watch DE        

Stopped operations and was replaced by ‘Sea Watch 2’ in March 2016.

It is called ‘Mare Liberum’ since the beginning of 2018, operated by the NGO Mare Liberum.

No
Bourbon Argos
(operated by MSF Belgium)
- Médecins Sans Frontières (MSF) FR         Stopped SAR operations in November 2016. No
Dignity I
(operated by MSF Spain)
- Médecins Sans Frontières (MSF) FR         Stopped SAR operations in 2016. No

Source: FRA, 2022

Notes:

* At port due to COVID-19 restrictions, maintenance or other reasons

-  Information not applicable either because the flag state is no longer relevant or the vessel was deployed after the date indicated in the column

♦ Vessel de-flagged

Grey shading = vessels which have stopped SAR.

Table - Vessels without a safe port
Table 3: Vessels kept at sea for more than 24 hours while waiting for a safe port, January - 15 June 2022
Ship Number of migrants Days spent at sea Date and place of disembarkation
Total Children
Louise Michel
(NGO vessel, Germany)
31 Unknown 2 5 January, Lampedusa (Italy)
Mare Jonio
(NGO vessel, Italy)
212 + 2 evacuated 2 AC 2 22 January, transfer of 142 migrants to the Italian Coast Guard directed to Lampedusa (Italy)
23 January, disembarkation of remaining migrants (70), Pozzallo (Italy)
Geo Barents
(NGO vessel, Norway)
439 > 110
UAC and AC
12 28-29 January, Augusta (Italy)
Aita Mari
(NGO vessel, Spain)
176 16 UAC
9 AC
2 30 January Lampedusa (Italy)
Ocean Viking
(NGO vessel, Norway)
247 42 UAC
13 AC
7 19-20 February, Pozzallo (Italy)
Sea-Watch 4
(NGO vessel, Germany)
129 40 UAC 7 26 February, Porto Empedocle (Italy)
Open Arms
(NGO vessel, Spain)
28 0 7 12 March, Augusta (Italy)
Geo Barents
(NGO vessel, Norway)
111

52 UAC
1 AC

9 14 March, Augusta (Italy)
Ocean Viking
(NGO vessel, Norway)
159 + 1 evacuated 59 UAC
6 AC
5 19 March, Augusta (Italy)
Sea-Eye 4
(NGO vessel, Germany)
106 22 children 7 6 April, Augusta (Italy)1
Geo Barents
(NGO vessel, Norway)
113 42 UAC
4 AC
12 10 April, Augusta (Italy)
Sea-Watch 3
(NGO vessel, Germany)
205 + 9 evacuated 30 UAC
9 AC
8 16 April, Trapani (Italy)
Geo Barents
(NGO vessel, Norway)
101 40
UAC and AC
12 2 May, Augusta (Italy)
Ocean Viking
(NGO vessel, Norway)
294 + 1 evacuated 132 UAC
7 AC
11-12 5-6 May, Pozzallo (Italy)
Sea-Eye 4
(NGO vessel, Germany)
58 0 6 15 May, Pozzallo (Italy)2
Sea-Watch 4
(NGO vessel, Germany)
145 37 UAC
7 AC
14 17 May, Augusta (Italy)
Geo Barents
(NGO vessel, Norway)
471 200 UAC 11 19-21 May, Augusta (Italy)
Ocean Viking
(NGO vessel, Norway)
294 + 3 evacuated 38 UAC
10 AC
7-8 30-31 May, Pozzallo (Italy)
Sea-Watch 3
(NGO vessel, Germany)
344 + 11 evacuated Unknown 8 9 June, Pozzallo (Italy)

Notes:

Medically evacuated persons listed separately; the place of evacuation may differ from the port of disembarkation. The number of children is based on their declaration upon disembarkation and may have been subsequently adjusted. For some operations, only the number of unaccompanied children is available.

In multiple rescue operations, the table shows the number of days of those staying longest at sea.

AC = accompanied children; MSF = Médecins Sans Frontières; NGO = non-governmental organisation; UAC = unaccompanied children.

Source: FRA, 2022 [based on various sources]

  1. Sea-Eye 4 took on board 32 people rescued by the merchant vessel Karina on 28 March 2022
  2. Sea-Eye 4 took on board the 34 people jointly rescued by the merchant vessels Berlin Express and BSG Bahamas on 9 May 2022