OPERATION - 9-15 August 2018

Maltese RCC calls back asking whether the Aquarius has got Radar contact with the Target and agrees that Aquarius assesses the situation and stays on standby for Maltese assets. MTRCC asks the Aquarius to let the Target pass, referring again to a law enforcement case. Aquarius says it will keep MTRCC updated about the situation and will only intervene if lives are at risk.

In an email, the Maltese RCC confirms the permission to assess the condition of the persons on board the boat and handover lifejackets. It repeats that the case is monitored by an air asset and that a maritime asset is on its way to the position. Maltese RCC considers that there is no distress case at this stage and that the case is currently a Maritime Law Enforcement case.

The SAR Team and the medical team approached the fiberglass boat for assessment. They report 11 people on board, 9 men and 2 children. The boat and people are in good condition.

Email from Aquarius to MTJRCC, with LNCG in copy

“Dear Sir,

Please be advised that our RHIB is currently doing the assessment and giving out lifejackets. The situation is 11 male
total 2 of which are children
We will find out their intentions and inform this RCC as soon as possible.

Best Regards”

Aquarius arrives on the scene and get ready for the deployment of Easy 2.

Email from Aquarius to MTRCC, copying LNCG, ITMRCC and EUNAVFOR MED

“Dear Sir ,
The situation onboard is stable. The people onboard have said that they have been at sea for two days. There are 2
children onboard are suffering from exposure. We are giving them some food and water. They have informed us that
they would like to continue on their way north. Aquarius will have the 2 rhibs in the water in case of difficulty and
continue to monitor the situation and inform this RCC. We will not interfere with their passage. If you wish for us to
indicate the best Course please let me know. Until then we will standby for instructions from you .
Best Regards”

Fiberglass resumes navigation to the north, Easy 2 remains close to the boat in order to ensure the safety of the people onboard.

Aquarius resumes voyage, following the fiberglass boat, which is accompanied by Easy 2 in order to ensure the safety of the people.

Aquarius updates the MTJRCC by phone about the Course of the Target and its current position. Aquarius asks whether there are any instructions from MTJRCC, and informs that Aquarius will hand over to Maltese coast guards or the Italian Coast Guards vessels once they arrive o scene.

As it resumes sailing North, Aquarius receives from ITMRCC a telex distress alert broadcasted on Inmarsat to all ships in the area. It alerts to a rubber boat in distress in unknown position with about 150 persons on board departed from Al Khoms (Libya), at 22:00 the day before. The distress alert requests all ships in the area to keep a sharp look out and to inform “the responsible rescue coordination centre according the Search and Rescue Region”: JRCC Libya, Interim Libyan MRCC Operating 24h, Libyan Navy/Coast Guard, RCC Malta, MRCC Tunis, IMRCC Rome in case of sighting.

Aquarius calls MTRCC to update about the boat’s position. Aquarius asks whether there are any instructions from MTRCC side so far and
that Aquarius will hand over the case to Maltese or Italian vessels as soon as they arrive on scene.

Email from Aquarius to MTRCC, copying ITMRCC and EUNAVFOR Med

“Dear Sir,
On the present Course and speed the vessel that we are monitoring will arrive in Lampedusa and Italian territorial
waters at 22h30utc. Do you have any instruction for Aquarius in the event that we approach Italian waters?
Best Regards”

Aquarius calls on the phone ITMRCC to inform it about the boat it is following under coordination of MTRCC, as it approaches the overlapping Italian and Maltese SRR. ITMRCC denies any coordination responsibility for the case as long as it is not in the Italian SRR. Aquarius clarifies that it is not seeking seeking instructions from ITMRCC at the moment but only calling to inform about the situation.

Replying to Aquarius’ request of assistance in designating a place of safety where all survivors can be disembarked as soon as possible, the Italian MRCC informs Aquarius by email that it “did not provide an Italian place of safety because the SAR cases where not coordinated by the Italian MRCC“.

Legal references

• Governments should co-operate with each other with regard to providing suitable places of safety for survivors after considering relevant factors and risks. [Click here for legal reference]
• Parties shall co-ordinate and co-operate to ensure that masters of ships providing assistance by embarking persons in distress at sea are released from their obligations with minimum further deviation from the ships´ intended voyage, provided that releasing the master of the ship from these obligations does not further endanger the safety of life at sea. The Party responsible for the Search and Rescue Region in which such assistance is rendered shall exercise primary responsibility for ensuring such co-ordination and co-operation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking into account the particular circumstances of the case and guidelines developed by the Organization. In these cases, the relevant Parties shall arrange for such disembarkation to be effected as soon as reasonably practicable. [Click here for legal reference]
• SOLAS : Contracting Governments shall co-ordinate and co-operate to ensure that masters of ships providing assistance by embarking persons in distress at sea are released from their obligations with minimum further deviation from the ships’ intended voyage, provided that releasing the master of the ship from the obligations under the current regulation does not further endanger the safety of life at sea. The Contracting Government responsible for the Search and Rescue Region in which such assistance is rendered shall exercise primary responsibility for ensuring such co-ordination and co-operation occurs, so that survivors assisted are disembarked from the assisting ship and delivered to a place of safety, taking into account the particular circumstances of the case and guidelines developed by the Organization. In these cases the relevant Contracting Governments shall arrange for such disembarkation to be effected as soon as reasonably practicable. [Click here for legal reference]

MTRCC calls Aquarius to inform that the case will be handed over to Frontex Operation Themis as soon as it enters the Frontex operational area, 20nm off the Italian coast. Aquarius acknowledges that it will wait for instructions.

Informed that thefibre glass boat is supposed to be rescued by Frontex, Aquarius informs the MTRCC that it would like to request from Frontex to bring the 141 survivors currently onboard Aquarius to a place of safety.

Email from Aquarius to MTRCC

“Dear Sir,

As you are aware Aquarius currently has 141 survivors on board. I would like to request from Frontex if they would have the possibility to bring these people on board their vessel and to a place of safety ? They are mostly Eritrean and Somali and 67 of them are unaccompanied minors. Would it be possible for you to contact them for me or have them contact me?
Thank you

Best Regards”

Email from Aquarius to Frontex Operation Themis

“Dear Sir,
Please be advised that Aquarius is currently monitoring a white fibreglass vessel with 11 persons on board as per instructions by MRCC Malta. We have been told that Frontex will be taking over this event once they arrive in your area of operations. Aquarius currently has 141 survivors from 2 SAR events that were coordinated by JRCC Libya but have been asked to contact another coordinating authority . We would like to see with you if these persons could be transferred to one of your assets to be disembarked in a place of safety. The survivors are mostly from Eritrea and Somalia and 67 of them are unaccompanied minors. Please see attached a copy of the rescue data regarding all survivors below.
Our current position is 35-03.2N 012-24.1E COG 19 SOG 8kts. We be arriving in your AO in around 1 hour.
Please acknowledge
Best Regards”

Email from Aquarius to Italian MRCC and Maltese RCC, with Frontex in copy

“Dear Sirs,

Please be informed that ITCG has recovered all people from the white fibreglass boat. Aquarius will recover our RHIB and then proceed North to a standby position in International waters in between [Linosa] and Malta until we can find a place of safety to disembark all rescued people. Aquarius will NOT entre territorial waters of either state without authorisation. Aquarius will keep both RCCs in copy of emails during our communications with competent maritime authorities.

Please be aware again that Aquarius has 141 survivors on board after conducting 2 rescue operations under the coordination of JRCC Libya. We have now been instructed by JRCC Libya to contact other RCCs for a place of safety. The condition on board is stable for now and the medical team is taking care of all survivors. Any assistance that can be offered will be much appreciated.

Best Regards”

Following the email sent by Aquarius, Maltese RCC calls to ask clarification about the standby position between Malta and Italy. Aquarius explains that since the route will either be to the West or to the North or to the East, it is a logical place for standby for the time being until receiving a confirmation from another competent maritime authority that a place of safety to disembark all rescued people will be issued.

Aquarius stops in the International waters, at the position 35°59.1’N, 013°31.6’E, at 32 Nautical Miles from the Italian coast (Linosa Island), and 32 Nautical Miles from the Maltese coast, on the line separating the Maltese SRR and the overlapping Italian and Maltese SRR.

Legal reference

[the shipmaster should] seek to ensure that survivors are not disembarked to a place where their safety would be further jeopardized; [Click here for legal reference]

Aquarius receives from ITMRCC a telex distress alert broadcasted on Inmarsat to all ships in the area for the same case as the previous day. It alerts to a rubber boat in distress in unknown position with about 150 persons on board, departed from Al Khoms (Libya), at 22:00 on August 11th. The distress alert requests all ships in the area to keep a sharp look out and to inform “the responsible rescue coordination centre according the Search and Rescue Region”: JRCC Libya, Interim Libyan MRCC Operating 24h, Libyan Navy/Coast Guard, RCC Malta, MRCC Tunis, IMRCC Rome in case of sighting.

Aquarius receives from ITMRCC a telex distress alert broadcasted on Inmarsat to all ships in the area for the same case as the previous day. It alerts to a rubber boat in distress in unknown position with about 150 persons on board, departed from Al Khoms (Libya), at 22:00 on August 11th. The distress alert requests all ships in the area to keep a sharp look out and to inform “the responsible rescue coordination centre according the Search and Rescue Region”: JRCC Libya, Interim Libyan MRCC Operating 24h, Libyan Navy/Coast Guard, RCC Malta, MRCC Tunis, IMRCC Rome in case of sighting.

Email from Aquarius to ITMRCC and MTRCC, copying LYJRCC:

“Dear Sirs,

Please be informed that Aquarius is still stopped at position 35-58.3N 013-31.9E. As we are in an area of overlapping SRRs we will continue to update both ITMRCC and RCC Malta about the situation on board regarding the 141 survivors rescued under the coordination of JRCC Libya. The situation on board is stable for now but the survivors need to be disembarked in a place of safety as soon as possible. JRCC Libya instructed Aquarius to contact other MRCCs to facilitate this. The medical team on board continues to treat the survivors and to monitor the situation.  The conditions on board is not likely to get better in the coming days. Any assistance regarding this situation is much appreciated.

Please acknowledge this email.

Best Regards”

Italian MRCC replies to the situation update stating that the RCC who manages the SAR cases is responsible to assign the PoS. Italian MRCC also states that “otherwise the Flag state shall assign it”.

SRR = Search and Rescue Region

The situation onboard is stable.

Weather conditions:

• Wind: 5 knots
• Swell: 0.3
• Sea state: 1

Email from Aquarius to French MRCC, Spanish MRCC and Greek JRCC, copying ITMRCC, MTRCC and EUNAVFOR MED

“Dear Sirs,

Please be informed that Aquarius conducted two SAR events coordinated by JRCC Libya and within the Libyan SRR. After completing the rescues JRCCLY informed Aquarius to contact other RCCs to facilitate the disembarkation of survivors in a place of safety. Aquarius currently has 141 survivors on board 75 percent of which are from Eritrea and Somalia. 67 of the survivors are unaccompanied minors. The situation on board is stable for the time being and our medical team(1 doctor 2 nurses and 2 midwifes) continue to treat the survivors. A solution needs to be found a soon as possible. Aquarius is currently at a standby position (35-58.7N 013-31.7E  ) in the overlapping SRRs of Italy and Malta who have both replied that they are denying assistance in finding a place of safety. Any assistance in coordinating efforts to find a place of safety is appreciated as the situation on board will not improve over the coming days and if anything will get worse for the survivors. Please find attached all rescue data and reports concerning these events.
Please acknowledge receipt of this email

Best Regards”

Aquarius receives an error message back, probably due to internet connection issues, and resends the email to the French RCC.

Email from Aquarius to Malta Transport Centre, copying MTRCC, ITMRCC, LYJRCC

“Good morning

According to the definition of the SAR convention, the status of the 141 people onboard is “survivors of search and rescue cases”. The survivors have been rescued under the coordination of JRCC (Libyan Joint Rescue Coordination Centre) from two boats in distress. These rescue operations have been conducted under the SAR regulations and the duty of the Master to render assistance to any people in distress at sea.

25 people were rescued from a boat in distress (SAR case 656) in position N33-29, E 012-03. 116 people were rescued from another boat in distress (SAR case 657) in position N33-30, E 011-51. These two events were granted SAR case numbers 656 and 657 by the Libyan JRCC.

I would like to confirm that the following are vulnerable population requiring international protection as per stated by international law and as adopted by the EU directive 2013/33/EU.105/141 of rescued people are ‘’people of concern’’ and 73/141 are unaccompanied minors.

Please acknowledge receipt of this email and confirm that the 141 rescued people will be considered as such.

Please find attached the disembarkation report, referring to the medical condition of the people on board.

Best Regards”

Email from Aquarius to Malta Transport Centre, copying MTRCC, ITMRCC, LYJRCC

“Sir,
May I ask why this is not being coordinated by RCC Malta? The survivors were rescued at sea in two SAR events under the coordination of JRCC Libya and so RCC Malta should be issuing instructions to the Aquarius if Maltese authorities has taken over coordination? Please can we clarify this as soon as possible.
Best Regards”

Malta Transport Centre replies that RCC Malta is not the competent authority to coordinate entry into port. It states that “access to Malta is based only on a humanitarian basis and not due to SAR, and such entry is coordinated by the respective competent authorities and not RCC Malta”.

Email from Aquarius to Malta Transport Centre

“Dear Sir,

On behalf of Medecins Sans Frontieres, I kindly request you further information concerning the disembarkation of the 141 survivors that we have on board the Aquarius currently.

Can you please provide more information on several important questions:

• Who will be present at the disembarkation and how will it be organized?
• Will there be any humanitarian organization present on dock that you can connect us with to provide continuity of care? In other ports we have coordinated closely and successfully with similar organizations.
• Where will the rescued people go immediately after the disembarkation while still in Malta?
• Where will the people be sent and what will the process be for them, especially regarding their relocation to other EU countries?
• How long do we expect this process will take?

The population that we have on board is particularly fragile and we have already identified some extremely vulnerable people that need specific attention. Most of them are travelling in groups and need to know what is going to happen with the relocation. The people we have on board are anxious and I firmly believe that it will facilitate the disembarkation if we can prepare them accordingly and are able to transparently inform them regarding the above questions.

A full medical report is ready to be sent to competent health authorities. Could you please forward me the contact details of the correct authority?

Kind regards,”

Email from Aquarius to Maltese RCC and Malta Transport Centre, copying LYJRCC and ITMRCC

“Dear sirs,

Following your last email and according to your explanation, I understand that the people are not considered by the Maltese authorities as survivors of a SAR event and that the Maltese authorities are not willing to take in charge this SAR event.

I am currently requesting to the RCC Tripoli in charge to handover the SAR cases to the RCC Malta, in order to organize this disembarkation under the SAR regulations.”

Email from Aquarius to Libyan Navy and Coast Guard, copying MTRCC and Malta Transport Centre

“Dear Sirs,

I am contacting you as coordinating authority of the SAR cases 656 and 657 that were rescued by M/V Aquarius on August 10^th. As per your instruction, we contacted other RCCs to request assistance in finding a place of safety to disembark the 141 survivors.

The 141 survivors will be disembarked in the Port of Valletta, Malta. May I kindly request you to handover the coordination of these two SAR cases to the Maltese RCC?

We want to ensure that the disembarkation of the rescued people is acknowledged under SAR regulations by Maltese authority.

Best Regards”

The inspection of Aquarius is made in accordance with the Paris and Mediterranean Memoranda of Understanding on Port State Control.