Leiden researcher Sarah Wolff advises on EU rescue missions at sea
Together with Professor Violeta-Moreno Lax, Leiden researcher Sarah Wolff has advised Frontex, the EU and other institutions on a European framework for Search and Rescue operations. This would have a great impact on rescue missions in the Mediterranean Sea.
Every day, migrants try to reach Europe by boat, mainly via the Mediterranean. This dangerous crossing claims many lives, and large numbers of people need rescuing by the coast guard or navy of EU member states. However, the EU has no clear framework for who exactly has search and rescue (SAR) responsibilities and when, and what these responsibilities entail.
‘In recent years, member states have found it difficult to decide who is responsible for what’, says Leiden researcher Sarah Wolff. ‘And the problem is not necessarily search and rescue, but disembarkation. Where do you disembark people and how do you process asylum applications? This is why the concept of search and rescue is so difficult to agree upon.’
Deflecting responsibility
Frontex, the EU border and coast guard agency that coordinates EU rescue missions of migrants at sea, does not consider SAR as its responsibility: it is involved in operations and assets but sees this as a shared responsibility with member states. ‘The current regulation says that Frontex should provide technical and operational assistance in support of search and rescue operations for persons in distress at sea’, says Wolff. ‘The agency plays on the word “support” to deflect responsibility. It supports member states by providing aerial surveillance and sending distress messages to the national Maritime Rescue Coordination Centres that coordinate SAR missions.’
Turning tide
But the tide could be turning. Several parties, including member states and NGOs, have called for an EU or common European response to SAR. Moreover, Frontex’s current mandate is being reviewed and will be discussed by the European Parliament and the European Council in September.
In preparation of these negotiations, Frontex, together with the Office of the High Commissioner for Human Rights, invited researchers Violeta-Moreno Lax (Queen Mary University of London) and Sarah Wolff (Leiden University) to present their findings on possible governance models for an EU search and rescue framework. They did so in June during a meeting at the UN House in Brussels.
Sarah, you researched several search and rescue models. Could tell us a bit about them?
‘The models we researched are best viewed within a spectrum from centralisation to decentralisation. The most centralised model would consist of a supranational, integrated EU with a clear plan and structures. We derived that model from a previous humanitarian mission by the Italian Navy (2013-2014). That operation has saved most migrants so far: 100,000 people in less than a year.
‘The Italian Navy coordinated medical support, application processing and their boats also functioned as medical platforms. They also worked closely with NGOs, and the disembarkation process was clear. The challenge would be to transpose that to an EU system with multiple states.’
How about the other models?
‘The second model would involve Frontex coordinating the member states with search and rescue responsibilities. This model is possibly the easiest to implement because you can easily improve the agency and expand its competencies. But, and this is a very important point, they need to uphold international law – something that is currently under scrutiny.
‘The third option would be to delegate responsibilities to a third country. This model is not advisable, though, because of the legal complications of extraterritoriality and possible violations of fundamental rights.
‘The fourth, least centralised model, would be to delegate search and rescue to a group of EU member states who would lead the mission. In the past, for instance, we’ve seen a coalition of the willing (Malta, Germany, Italy and the European Commission) working together on search and rescue missions.
‘The last option, which was actually the preferred model at the meeting, is a hybrid model that would be a combination of the other models, with EU institutions, Frontex and NGOs working together.’
Isn’t the hybrid model too complicated?
‘We see it as a staggered model that allows room to take things one step at a time over the next three to five years and to resolve any points of contention. In a realistic political world, it would be about taking different elements from the different options. I think the hybrid model would offer the biggest chances of producing a permanent EU SAR mission.’
When do you expect a result from the negotiations?
‘The European Commission is due to present a revised mandate for the Frontex regulation in autumn 2026. This follows the announcement by the Commission President of her intention to expand the competences of the agency with more surveillance technologies and to increase the number of European border and coast guards. Once the Commission has initiated the new draft legislation, the European Parliament and the Council of the EU will negotiate under the ordinary legislative procedure. These negotiations will take between a year and a year and a half.’