What does the order given by the European Council to NGO ships mean?

(B2) In the course of a sentence placed in the conclusions of the summit of June 29 and 29, the 28 Heads of State and Government give a threatening order: "All ships operating in the Mediterranean must respect the applicable laws and not obstruct the operations of the Libyan Coast Guard. What does she mean?

We asked the question with some journalist colleagues today at the European Commission. Because this sentence, rather sibylline, is also extraordinary. It is aimed directly at private entities, outside the jurisdiction of the European Union (high seas or third countries). Which is rather rare for the conclusions of a European summit. By unrolling the thread of questions and answers, we can summarize the European doctrine.

Is this order addressed to “All ships in the Mediterranean”?

No. The Commission recognizes that this wording is a bit too broad. " Yes, we could have been more specific. Only in the Libyan Sea Search and Rescue Zone will these orders have the force of law. »

What is the European line vis-à-vis the Libyan coast guard?

Help them do their 'job'. " Any boat at sea must respect applicable laws and not prevent the Libyan Coast Guard from acting. This is in line with what we want at the Commission, which is to break the business model of cruel traffickers who exploit human misery. We are therefore working together with the Libyans and helping them to do their job in their territorial waters and in search and rescue areas at sea. explains a Commission spokesperson.

Should the ships obey the orders of the Libyans?

Yes, if they are in the Libyan Relief Zone (MRCC). " According to international law, whoever coordinates the rescue at sea is responsible for the whole operation including the landing point, Libya has notified its area now, so when it is MRCC Libya who coordinates, any boat must respect its orders And the spokesperson adds (just to be clear « If Libya says it takes charge of an incident, [the Libyan Coast Guard] has the right to come back to Libya to disembark [collectees]. You don't have to intervene. [...] It is in this direction that the conclusions go. »

Are European boats that have (already) picked up people at sea obliged to disembark these migrants or refugees in Libya?

No. " For European boats, there can be no disembarkation in a third country which is not safe. Which is the case of Libya. This rule applies to all vessels engaged in European maritime operations (Thémis from Frontex, EUNAVFOR Med from the EU) or flying a European (or other) flag.

Is Italy obliged to welcome migrants?

On the closure of Italian ports, the spokesperson does not want to embark on "assessments of fact". " It depends on who owns the boat and where the migrants were rescued. “But he sends the ball back to Rome:” If Italy is responsible, it is up to them to find a landing point, if it is another actor it is up to this actor »

Is Italy still the port of disembarkation?

Not automatically. “Nothing in international law says that the country coordinating a [rescue] event must also be the place of disembarkation. What we wanted at European level was to have more cooperation, because everyone wants a solution to know what to do. »

The next steps: by the end of the summer

« For landing platforms and cooperation in search and rescue, we will continue contacts with the IOM (the international organization for migration) and the UNCHR (United Nations High Commissioner for Refugees). An informal council next week to take a tour with the Member States. And we'll take the next steps before [the end of] the summer »

(Nicolas Gros-Verheyde, with Aurélie Pugnet st.)