The European ombudsperson, Emily O'Reilly, has called for changes to the EU rules on search and rescue missions at sea, following an inquiry into the role of the European border and coast guard agency, Frontex.

O'Reilly presented her report on Wednesday (February 28), which showed that the agency is incapable of carrying out its obligations fully with regard to safeguarding fundamental rights, and that it is too reliant on EU member states to act when boats carrying migrants are in danger.

"Frontex has a duty to help save lives at sea, but the tools for it are lacking, then this is clear a matter for EU legislators," she said.

Frontex' role during Adriana disaster

The inquiry was launched following the tragedy of the fishing trawler 'Adriana' on June 13-14, 2023, near Pylos in Greece, in which 600 died. Only 104 survivors were rescued and 82 bodies recovered after the ship sank.

According to documents examined during the inquiry, Frontex offered four times to prove aerial monitoring of the Adriana without ever receiving a response from Greek authorities. Under the rules, the agency required the consent of Greek authorities to deploy, but according to the investigation, Greek coastguard recording equipment was switched off during the interaction with the Adriana.

Frontex intervened in the incident on two occasions only: once briefly by airplane, two hours after Italian authorities had raised the alarm about the ship's dangerous situation, and then 18 hours later with a drone, when the ship had already sunk.

O'Reilly urged Frontex to consider whether it should "terminate, withdraw or suspend its activities" in EU countries where there were "concerns" that working with national authorities may limit its duty to uphold rights and save lives.

"There is obvious tension between Frontex's fundamental rights obligations and its duty to support member states in border management control," she said.

Call for independent inquiry

The ombudsperson also called on the European Parliament, European Commission and the European Council representing EU member states to launch an independent commission of inquiry into the tragedy and the "large number of deaths in the Mediterranean."

Greece is conducting its own investigation into the Pylos tragedy, but the Greek coastguard has decided against launching an internal investigation. A Frontex report on the shipwreck was released in January following a freedom of information request.

O'Reilly's report said it was "regrettable" that there was no independent body that could study the roles played by Frontex, the Greek coastguard and the European Commission, which is tasked with ensuring EU countries and agencies comply with European rights.