http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0197:FIN:EN:PDF&
European Commission / Proposal for Frontex’ new rules on joint operations at sea
In the past, the lack of agreement over which member states must be held responsible in cases of migrants intercepted at sea has aggravated the situation, and resulted in distress calls of boats being ignored, and lives being put at risk. In this regard, the European Commission issued a proposal for a Regulation establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by Frontex, the EU Borders Agency (12 April 2013). The proposal states that disembarkation should take place in the third country from which the ship departed. In cases in which this is not possible, the member state that hosts the joint operation will be the one in which disembarkation occurs. The European Commission also proposes to apply the international human rights framework and establishes that “No person shall be disembarked in, or otherwise handed over to the authorities of a country, where there is a serious risk that such person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment or from which there is a serious risk of expulsion, removal or extradition to another country in contravention of the principle of non-refoulement”. The proposal also includes the requirement of training border guards in provisions of fundamental rights, refugee law and the international legal regime of search and rescue.