This own-initiative inquiry looked into how the European Border and Coast Guard Agency (Frontex) ensures the respect of fundamental rights in the context of search and rescue (SAR) operations in the Mediterranean in the context of its surveillance activities and joint maritime operations with Member State authorities. The inquiry, which was launched partly in response to the tragic Pylos shipwreck in Greece in June 2023, assessed how Frontex ensures compliance with its SAR and fundamental rights obligations.

The inquiry demonstrated shortcomings in how Frontex reacts in maritime emergency situations in which it becomes involved, either in the context of joint maritime operations or its separate aerial surveillance activities. These include inadequate guidance on how Frontex units should respond where they detect boats in potential emergency situations in the context of their specific and unique activities. The inquiry also demonstrated the need for greater clarity on roles and responsibilities and, importantly, on the nature of Frontex’s cooperation with national authorities. The inquiry also showed there is a failure to ensure Frontex’s fundamental rights monitors are sufficiently involved in decision making on maritime emergencies detected during Frontex’s surveillance activities.

To address these shortcomings, the Ombudsman made a series of suggestions on aspects of Frontex's work. However, she stressed that these cannot address the absence of proactive SAR at EU level, particularly when combined with repeated allegations about the conduct of authorities in certain Member States. To this end, the Ombudsman suggested that, where national authorities are failing to fulfil their SAR obligations adequately, or otherwise involved in fundamental rights violations, and/or where national authorities are constraining the SAR role and capacity of Frontex, this should lead the Executive Director to reconsider whether Frontex should continue its ongoing cooperation.

Frontex has sent a reply to the Ombudsman's suggestions. The European Commission and the European Parliament have also sent letters to the Ombudsman in response to her findings.