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Document 02008E0851-20240404

Consolidated text: Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to maritime security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA)

ELI: http://data.europa.eu/eli/joint_action/2008/851/2024-04-04

02008E0851 — EN — 04.04.2024 — 012.001


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►B

COUNCIL JOINT ACTION 2008/851/CFSP

of 10 November 2008

►M11  on a European Union military operation to contribute to maritime security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA)  ◄

(OJ L 301 12.11.2008, p. 33)

Amended by:

 

 

Official Journal

  No

page

date

 M1

COUNCIL DECISION 2009/907/CFSP of 8 December 2009

  L 322

27

9.12.2009

►M2

COUNCIL DECISION 2010/437/CFSP of 30 July 2010

  L 210

33

11.8.2010

►M3

COUNCIL DECISION 2010/766/CFSP of 7 December 2010

  L 327

49

11.12.2010

►M4

COUNCIL DECISION 2012/174/CFSP of 23 March 2012

  L 89

69

27.3.2012

►M5

COUNCIL DECISION 2014/827/CFSP of 21 November 2014

  L 335

19

22.11.2014

 M6

COUNCIL DECISION (CFSP) 2016/713 of 12 May 2016

  L 125

12

13.5.2016

►M7

COUNCIL DECISION (CFSP) 2016/2082 of 28 November 2016

  L 321

53

29.11.2016

►M8

COUNCIL DECISION (CFSP) 2018/1083 of 30 July 2018

  L 194

142

31.7.2018

 M9

COUNCIL DECISION (CFSP) 2018/2007 of 17 December 2018

  L 322

22

18.12.2018

►M10

COUNCIL DECISION (CFSP) 2020/2188 of 22 December 2020

  L 435

74

23.12.2020

►M11

COUNCIL DECISION (CFSP) 2022/2441 of 12 December 2022

  L 319

80

13.12.2022

►M12

COUNCIL DECISION (CFSP) 2024/1059 of 4 April 2024

  L 1059

1

5.4.2024


Corrected by:

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Corrigendum, OJ L 253, 25.9.2009, p.  18 (2008/851/CFSP)




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COUNCIL JOINT ACTION 2008/851/CFSP

of 10 November 2008

▼M11

on a European Union military operation to contribute to maritime security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA)



▼M12

Article 1

Mission

1.  
The European Union (EU) shall conduct a military operation to contribute to maritime security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA).
1a.  

In support of Resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1846 (2008) and 1851 (2008) and subsequent relevant Resolutions of the United Nations Security Council (UNSC), in particular Resolution 2608 (2021), in a manner consistent with action permitted with respect to piracy under Article 100 et seq. of the United Nations Convention on the Law of the Sea signed in Montego Bay on 10 December 1982 (hereinafter referred to as ‘the United Nations Convention on the Law of the Sea’) and by means, in particular, of commitments made with third States, EUNAVFOR ATALANTA shall contribute to:

— 
the protection of vessels of the World Food Programme (WFP) delivering food aid to displaced persons in Somalia, in accordance with the mandate laid down in UNSC Resolutions 1814 (2008) and 2608 (2021), and
— 
the protection of vulnerable vessels cruising off the Somali coast, and the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast, in accordance with the United Nations Convention on the Law of the Sea.
2.  
The area of operations of the forces deployed to that end shall consist of the maritime areas off the coasts of Somalia and neighbouring countries within the region of the Indian Ocean, in accordance with the political objective of an EU maritime operation, as defined in the crisis management concept approved by the Council on 5 August 2008. In addition, EUNAVFOR ATALANTA may operate to the same end in the Somali territorial sea, where so authorised by the Somali government.
3.  
In addition, EUNAVFOR ATALANTA shall contribute on the high seas off the coast of Somalia, as secondary executive tasks, to the implementation of the United Nations arms embargo on Al-Shabaab in accordance with UNSC Resolutions 2182 (2014) and 2713 (2023) and to countering narcotic drugs trafficking off the coast of Somalia in the context of the United Nations Convention on the Law of the Sea and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988.
4.  
Furthermore, EUNAVFOR ATALANTA shall monitor, as a secondary non-executive task, narcotic drugs trafficking, arms trafficking, illegal, unreported and unregulated (IUU) fishing and illicit trade in charcoal off the coast of Somalia in accordance with UNSC Resolutions 2498 (2019) and 2500 (2019) and consistent with the United Nations Convention against Illicit Traffic In Narcotic Drugs And Psychotropic Substances of 20 December 1988.
5.  
EUNAVFOR ATALANTA may contribute, as a secondary non-executive task, within means and capabilities and upon request, to the EU’s integrated approach to Somalia and the relevant activities of the international community, thereby helping to address the root causes of piracy and its network.
6.  
The EU Military Staff shall support EUNAVFOR ATALANTA by identifying threats and conducting advance planning on decisive factors that could affect the operation, with a view to keeping the Political and Security Committee informed on such threats and factors.

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Article 2

▼M10

Countering piracy and armed robbery off the coast of Somalia and protecting vulnerable shipping

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►C1  Under the conditions set by applicable international law, in particular the United Nations Convention on the Law of the Sea, and by UNSC Resolutions 1814 (2008), 1816 (2008) and 1838 (2008), ►M11  EUNAVFOR ATALANTA ◄ shall, as far as available capabilities allow: ◄

▼M12

(a) 

provide protection to vessels chartered by the WFP, including by means of the presence on board those vessels of armed units of EUNAVFOR ATALANTA, including when sailing in Somalia’s territorial sea upon authorisation by the Somali government;

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(b) 

provide protection, based on a case-by-case evaluation of needs, to merchant vessels cruising in the areas where it is deployed;

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(c) 

keep watch over areas off the Somali coast, including Somalia’s territorial and internal waters, in which there are dangers to maritime activities, in particular to maritime traffic;

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(d) 

take the necessary measures, including the use of force, to deter, prevent and intervene in order to bring to an end acts of piracy and armed robbery which may be committed in the areas where it is present;

▼M3

(e) 

in view of prosecutions potentially being brought by the relevant States under the conditions in Article 12, arrest, detain and transfer persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention on the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in the areas where it is present and seize the vessels of the pirates or armed robbers or the vessels caught following an act of piracy or an armed robbery and which are in the hands of the pirates or armed robbers, as well as the property on board;

▼M4

(f) 

liaise with organisations and entities, as well as States, working in the region to combat acts of piracy and armed robbery off the Somali coast, in particular the ‘Combined Task Force 151’ maritime force which operates within the framework of ‘Operation Enduring Freedom’;

▼M5

(g) 

collect, in accordance with applicable law, personal data concerning persons referred to in point (e) related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex; place of residence, profession and whereabouts; driving licenses, identification documents and passport data;

(h) 

for the purpose of circulating data via the International Criminal Police Organisation's (INTERPOL) channels and checking it against INTERPOL's databases, and pending the conclusion of an agreement between the Union and INTERPOL, transmit to the National Central Bureau (‘NCB’) of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the appropriate NCBs, the following data:

— 
personal data referred to in point (g),
— 
data related to the equipment used by persons referred to in point (e).

The personal data shall not be stored after its transmission to INTERPOL;

(i) 

transmit the data referred to in point (h) to EUROPOL according to the provisions of an arrangement to be concluded between the High Representative of the Union for Foreign Affairs and Security Policy and EUROPOL. The personal data shall not be stored after its transmission to EUROPOL;

(j) 

contribute, within existing means and capabilities, to the monitoring of fishing activities off the coast of Somalia and support the licensing and registration scheme for artisanal and industrial fishing in waters under Somali jurisdiction developed by the Food and Agriculture Organization (FAO), when in place, at the exclusion of any enforcement activity;

(k) 

liaise, in close coordination with the European External Action Service, with Somali entities and private companies operating on their behalf, active off the coast of Somalia in the broader field of maritime security, with a view to better understanding their activities and capacities and de-conflict operations at sea;

▼M12

(l) 

assist through logistical support, provision of expertise or training at sea, upon their request and within means and capabilities, EUCAP Somalia, EUTM Somalia, the EU Special Representative for the Horn of Africa, the EU Delegation to Somalia with respect to their mandates and the area of operation of EUNAVFOR ATALANTA and contribute to the implementation of relevant EU programmes, in particular the regional maritime security programme in force and CRIMARIO;

▼M5

(m) 

make data relating to fishing activities gathered by EUNAVFOR units off the coast of Somalia available, via the relevant Commission service, to the Indian Ocean Tuna Commission, its Member States and the FAO, and once sufficient progress has been made ashore in the area of maritime capacity-building, including security measures for the exchange of information, assist Somali authorities by making available data relating to fishing activities compiled in the course of the operation;

▼M12

(n) 

support, in a manner consistent with the United Nations Convention on the Law of the Sea and within existing means and capabilities, the activities of the Panel of Experts on Somalia pursuant to UNSC Resolution 2713 (2023) by monitoring and reporting to that Panel vessels of interest suspected of supporting the piracy networks.

▼M10

Article 2a

Transfer of persons arrested and detained with a view to their prosecution

1.  

On the basis of Somalia's acceptance of the exercise of jurisdiction by Member States or by third States, on the one hand, and Article 105 of the United Nations Convention on the Law of the Sea, on the other hand, persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention of the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in Somalia's ►M12  territorial waters ◄ or on the high seas, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, shall be transferred:

— 
to the competent authorities of the Member State or of the third State participating in the operation, of which the vessel which took them captive flies the flag, or
— 
if that State cannot, or does not wish to, exercise its jurisdiction, to a Member State or any third State which wishes to exercise its jurisdiction over the aforementioned persons and property.
2.  
Persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention of the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery who are arrested and detained, with a view to their prosecution, by ►M11  EUNAVFOR ATALANTA ◄ in the territorial waters, the internal waters or the archipelagic waters of other States in the region in agreement with these States, and property used to carry out such acts, may be transferred to the competent authorities of the State concerned, or, with the consent of the State concerned, to the competent authorities of another State.
3.  
No persons referred to in paragraphs 1 and 2 may be transferred to a third State unless the conditions for the transfer have been agreed with that third State in a manner consistent with relevant international law, notably international law on human rights, in order to guarantee in particular that no one shall be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.

Article 2b

Contributing to the implementation of the United Nations arms embargo on Somalia and to countering narcotic drugs trafficking off the coast of Somalia

1.  
►M12  For the purpose of contributing to the United Nations arms embargo on Al-Shabaab in accordance with the relevant UNSC Resolutions, in particular Resolutions 2182 (2014) and 2713 (2023), EUNAVFOR ATALANTA shall carry out, as set out in the planning documents and within the agreed area of operation on the high seas off the coast of Somalia, inspections of vessels bound to and from Somalia where there are reasonable grounds to believe that such vessels are carrying weapons or military equipment to Somalia, directly or indirectly, in violation of the arms embargo on Al-Shabaab or that they are carrying weapons or military equipment to individuals or entities designated by the Committee established pursuant to UNSC Resolutions 751 (1992), 1907 (2009) and 2444 (2018). ◄ ►M11  EUNAVFOR ATALANTA ◄ shall seize such items, record them and dispose of them, and may divert such vessels and their crews to a suitable port to facilitate such disposal, in accordance with relevant UNSC Resolutions, including Resolution 2182 (2014), and with arrangements set out in the Operation Plan.
2.  

For the purpose of contributing to countering narcotic drugs trafficking off the coast of Somalia, ►M11  EUNAVFOR ATALANTA ◄ shall act in accordance with the arrangements and within the agreed Area of Operation on the high seas off the coast of Somalia, as set out in the planning documents:

(a) 

as regards vessels flying a national flag, where there are reasonable grounds to believe that such a vessel is being used for narcotic drugs trafficking, ►M11  EUNAVFOR ATALANTA ◄ , if so authorised explicitly by the flag State, shall board that vessel, search for narcotic drugs and, if evidence of illicit trafficking is found, take appropriate action with respect to that vessel and the cargo on board. Any arrest, detention, transfer to a third State or prosecution of persons involved in narcotic drugs trafficking may be undertaken by willing Member States in their national capacity on the basis of their domestic law;

(b) 

as regards vessels without a national flag, ►M11  EUNAVFOR ATALANTA ◄ shall take action, including boarding and searching, in accordance with the national law applicable to the intervening ship and with international law, only through the use of assets made available by those Member States which have indicated that they are able to take such action. Further action, such as seizing drugs and diverting such a vessel, as well as the arrest, detention, transfer to a third State and prosecution of persons involved in narcotic drugs trafficking, may be undertaken by willing Member States in their national capacity on the basis of their domestic law.

3.  
Once the Operation Plan with the necessary arrangements has been approved, the Political and Security Committee shall activate the secondary executive tasks when the EU Operation Commander reports that ►M11  EUNAVFOR ATALANTA ◄ disposes of the necessary assets to carry out those tasks and, as regards the United Nations arms embargo, when the European External Action Service reports that the notifications required under paragraph 15 of UNSC Resolution 2182 (2014) have been made.
4.  
Evidence found related to the carriage of items prohibited under the arms embargo on Somalia or of narcotic drugs, in particular in the course of inspections carried out in accordance with paragraphs 1 and 2, may be stored by ►M11  EUNAVFOR ATALANTA ◄ as regards the carriage of arms and by Member States which are willing and able to do so as regards the carriage of narcotic drugs. In particular, personal data may be collected and stored, in accordance with applicable law, concerning persons involved in the carriage of such arms or narcotic drugs related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex, place of residence, profession and whereabouts; driving licences, identification documents and passport data. Such data, as well as data related to the vessels and equipment used by such persons, and the relevant information acquired while carrying out the tasks under this Article, may be communicated to the relevant law enforcement authorities of Member States. It may also be communicated by ►M11  EUNAVFOR ATALANTA ◄ as regards the carriage of arms, and by willing Member States as regards the carriage of narcotic drugs, to third States which wish to exercise their jurisdiction over such persons and property, and to competent EU bodies in accordance with applicable law.
5.  
Agreements may be concluded with third States, on the basis of authorisations granted on a case-by-case basis by the Council, to facilitate the transfer by a Member State of persons arrested and detained under its national law for participating in violations of the United Nations arms embargo on Somalia or in narcotic drugs trafficking off the coast of Somalia, with a view to the prosecution of such persons. Such agreements shall include conditions for the transfer of such persons consistent with relevant international law, notably international law on human rights, in order to guarantee in particular that the persons concerned shall not be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.

▼M8

Article 3

Appointment of the EU Operation Commander

Vice Admiral Antonio MARTORELL LACAVE is hereby appointed to succeed Major General Charlie STICKLAND OBE RM as the EU Operation Commander from 29 March 2019 at 12.00 hours CET.

Article 4

Designation of the EU Operation Headquarters

1.  
The EU Operation Headquarters shall be located at Northwood, United Kingdom, until 29 March 2019 at 12.00 hours CET.
2.  
As from 29 March 2019 at 12.00 hours CET, the EU Operation Headquarters shall be located at Rota, Spain, with the exception of the Maritime Security Centre Horn of Africa (MSCHOA), which shall be located at Brest, France.

▼B

Article 5

Planning and launch of the operation

The Decision to launch the EU military operation shall be adopted by the Council following approval of the Operation Plan and the Rules of Engagement and in the light of the notification by the TFG to the Secretary-General of the United Nations of the offer of cooperation made by the EU pursuant to point 7 of UNSC Resolution 1816 (2008).

Article 6

Political control and strategic direction

▼M2

1.  
Under the responsibility of the Council and of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter referred to as the ‘HR’), the Political and Security Committee (hereinafter referred to as the ‘PSC’) shall exercise the political control and strategic direction of the EU military operation. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 of the Treaty. This authorisation shall include the powers to amend the planning documents, including the Operation Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and/or EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council, assisted by the HR.

▼B

2.  
The PSC shall report to the Council at regular intervals.
3.  
The PSC shall receive reports from the chairman of the EU Military Committee (EUMC) regarding the conduct of the EU military operation, at regular intervals. The PSC may invite the EU Operation Commander and/or EU Force Commander to its meetings, as appropriate.

Article 7

Military direction

1.  
The EUMC shall monitor the proper execution of the EU military operation conducted under the responsibility of the EU Operation Commander.
2.  
The EUMC shall receive reports from the EU Operation Commander at regular intervals. It may invite the EU Operation Commander and/or EU Force Commander to its meetings as appropriate.
3.  
The chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander.

▼M12

Article 8

Consistency of the Union’s response and operational cooperation with other actors

1.  
The HR shall ensure the implementation of this Joint Action and its consistency with the Union’s external action as a whole, including the Union’s development programmes and its humanitarian assistance.
1a.  
EUNAVFOR ATALANTA shall liaise closely with the shipping industry, in particular through the Maritime Security Centre — Horn of Africa (MSCHOA).
1b.  
EUNAVFOR ATALANTA shall coordinate closely with the European Union maritime security operation to safeguard freedom of navigation in relation to the Red Sea crisis (EUNAVFOR ASPIDES) established by Council Decision (CFSP) 2024/583 ( 1 ). In particular, EUNAVFOR ATALANTA shall, as much as possible, facilitate logistical support to EUNAVFOR ASPIDES and close liaison between EUNAVFOR ASPIDES and the shipping industry, in particular through the Maritime Security Centre — Horn of Africa (MSCHOA).
2.  
EUNAVFOR ATALANTA shall coordinate closely with other relevant CSDP missions and operations, in particular the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) established by Council Decision 2010/96/CFSP ( 2 ), the European Union Capacity Building Mission in Somalia (EUCAP Somalia) established by Council Decision 2012/389/CFSP ( 3 ) and the Coordinated Maritime Presences in the North-West Indian Ocean.
2a.  
EUNAVFOR ATALANTA shall cooperate with Operation AGENOR and shall exchange information with the European Maritime Awareness in the Strait of Hormuz (EMASoH) initiative.
2b.  
EUNAVFOR ATALANTA shall cooperate with Operation Prosperity Guardian, with the Combined Maritime Forces and with willing States contributing to maritime security in its area of operation.
3.  
EUNAVFOR ATALANTA shall cooperate with the relevant Member State authorities and with relevant Union agencies and bodies, in particular the European Union Satellite Centre (SATCEN). It shall support, within means and capabilities, the relevant Union programmes.
4.  
EUNAVFOR ATALANTA shall be supported by SATCEN and by the European Union Intelligence and Situation Centre in gathering information as necessary to fulfil its tasks.

▼B

Article 9

Relations with the United Nations, neighbouring countries and other actors

▼M2

1.  
The HR shall act as the primary point of contact with the United Nations, the Somali authorities, the authorities of neighbouring countries, and other relevant actors. Within the context of his contact with the African Union, the HR shall be assisted by the EU Special Representative (EUSR) to the African Union.

▼B

2.  
At operational level, the EU Operation Commander shall act as the contact point with, in particular, ship-owners' organisations, as well as with the relevant departments of the UN General Secretariat and the WFP.

▼M10

3.  
►M11  EUNAVFOR ATALANTA ◄ shall support, within means and capabilities, in particular through capacity building and information exchange, the Regional Maritime Information Fusion Center (RMIFC) in Madagascar and the Regional Operational Coordination Centre (ROCC) in Seychelles.

▼B

Article 10

Participation by third States

1.  
Without prejudice to the decision-making autonomy of the EU or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.
2.  
The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operation Commander and the EUMC.

▼M2

3.  
Detailed modalities for the participation by third States shall be the subject of agreements concluded in accordance with the procedure laid down in Article 37 of the Treaty. Where the EU and a third State have concluded an agreement establishing a framework for the latter’s participation in EU crisis management operations, the provisions of such an agreement shall apply in the context of this operation.

▼B

4.  
Third States making significant military contributions to the EU military operation shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
5.  
The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
6.  
The conditions for the transfer to a State participating in the operation of persons arrested and detained, with a view to the exercise of jurisdiction of that State, shall be established when the participation agreements referred to in paragraph 3 are concluded or implemented.

▼M2

Article 11

Status of EU-led forces

The status of the EU-led forces and their personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, who:

— 
are stationed on the land territory of third States,
— 
operate in the territorial or internal waters of third States,

shall be agreed in accordance with the procedure laid down in Article 37 of the Treaty.

▼M10 —————

▼B

Article 13

Relations with the flag States of protected vessels

The conditions governing the presence on board merchant ships, particularly those chartered by the WFP, of units belonging to ►M11  EUNAVFOR ATALANTA ◄ , including privileges, immunities and other guarantees relating to the proper conduct of the operation, shall be agreed with the flag States of those vessels.

Article 14

Financial arrangements

1.  
The common costs of the EU military operation shall be administered by Athena.
2.  
The financial reference amount for the common costs of the EU military operation shall be EUR 8 300 000 . The percentage of the reference amount referred to in Article 33(3) of Athena shall be 30 %.

▼M4

3.  
The financial reference amount for the common costs of the EU military operation for the period from 13 December 2012 until 12 December 2014 shall be EUR 14 900 000 . The percentage of the reference amount referred to in Article 25(1) of Council Decision 2011/871/CFSP shall be 0 %.

▼M5

4.  
The financial reference amount for the common costs of the EU military operation for the period from 13 December 2014 until 12 December 2016 shall be EUR 14 775 000 . The percentage of the reference amount referred to in Article 25(1) of Decision 2011/871/CFSP shall be 0 %.

▼M7

5.  
The financial reference amount for the common costs of the EU military operation for the period from 13 December 2016 until 31 December 2018 shall be EUR 11 064 000 . The percentage of the reference amount referred to in Article 25(1) of Council Decision (CFSP) 2015/528 ( 4 ) shall be 0 %.

▼M8

6.  
The financial reference amount for the common costs of the EU military operation for the period from 1 January 2019 until 31 December 2020 shall be EUR 11 777 000 . The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 0 %.

▼M10

7.  
The financial reference amount for the common costs of the EU military operation for the period from 1 January 2021 until 31 December 2022 shall be EUR 9 930 000 . The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 0 %.

▼M11

8.  
The financial reference amount for the common costs of the EU military operation for the period from 1 January 2023 until 31 December 2024 shall be EUR 10 400 000 . The percentage of the reference amount referred to in Article 51(2) of Council Decision (CFSP) 2021/509 ( 5 ) shall be 0 % for commitments and 0 % for payments.

▼M8

Article 14 a

Transitory financial arrangements

1.  
From 1 September 2018, expenditure incurred by the EU Operation Commander appointed in Article 3 and the EU Operation Headquarters designated in Article 4(2) shall be financed in accordance with Decision (CFSP) 2015/528.
2.  
The Council hereby authorises Spain and France to pre-finance common costs incurred pursuant to paragraph 1 and to seek reimbursement thereof in accordance with Article 27 of Council Decision (CFSP) 2015/528.

▼M2

Article 15

▼M12

Release and exchange of information

▼M12 —————

▼M12

2.  
The HR is hereby authorised to release to the United Nations and to other third parties associated with this Joint Action unclassified EU documents relating to Council deliberations on the operation which are covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure ( 6 ). The PSC may designate on a case-by-case basis other third States to which such information may be released.
2a.  

The HR shall be authorised to release to designated third States, as appropriate and in accordance with the operational needs of EUNAVFOR ATALANTA, EU classified information generated for the purposes of EUNAVFOR ATALANTA, in accordance with Council Decision 2013/488/EU ( 7 ), as follows:

(a) 

up to the level provided in the applicable security of information agreement concluded between the Union and the third State concerned; or

(b) 

up to ‘RESTREINT UE/EU RESTRICTED’ level for information released to other third States designated by the PSC.

3.  
The HR is hereby authorised to exchange with Operation Prosperity Guardian and with the Combined Maritime Forces, through their Headquarters, classified information relevant to the purposes of EUNAVFOR ATALANTA up to ‘SECRET UE/EU SECRET’ level, where such exchange at theatre level is necessary for operational reasons, in accordance with Decision 2013/488/EU and subject to arrangements between the HR and the competent authorities of those operations.
3a.  
The release and exchange of information referred to in paragraphs 2, 2a and 3 shall be conducted in full respect of the principles of reciprocity and inclusiveness. Classified information received shall be handled by EUNAVFOR ATALANTA without any distinction between its staff and solely on the basis of operational requirements.
3b.  
The HR shall be authorised to conclude the arrangements necessary to implement the provisions of this Joint Action on the release or exchange of information.
3c.  
The HR may delegate the authorisations to release or exchange information as well as the ability to conclude the arrangements referred to in this Article to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with Section VII of Annex VI to Decision 2013/488/EU.
4.  
EUNAVFOR ATALANTA is hereby authorised to share with the Panel of Experts on Somalia, the United Nations Office on Drugs and Crime, the CMF, the RMIFC and the ROCC information, other than personal data, gathered on illegal or unauthorised activities during the course of its operations.
5.  
EUNAVFOR ATALANTA is hereby authorised to release to INTERPOL, in accordance with Article 2, point (h), and to EUROPOL, in accordance with Article 2, point (i), information gathered on illegal activities other than piracy during the course of its operations. In addition, EUNAVFOR ATALANTA is hereby authorised to transmit to the Interpol National Central Bureau in Mogadishu information gathered on suspected IUU fishing in the course of its operations.
6.  
The release of personal data pursuant to Article 2 shall be carried out in accordance with the law of the State of the vessel or aircraft processing such personal data.

▼B

Article 16

Entry into force and termination

1.  
This Joint Action shall enter into force on the date of its adoption.
2.  
Joint Action 2008/749/CFSP shall be repealed as from the date of closure of the coordination cell put in place by that Joint Action. It shall be closed on the launch date of the operation referred to in Article 6 of this Joint Action.

▼M11

3.  
EUNAVFOR ATALANTA shall terminate on 31 December 2024.

▼B

4.  
This Joint Action shall be repealed following the withdrawal of the EU force, in accordance with the plans approved for the termination of the EU military operation, and without prejudice to the relevant provisions of Athena.

Article 17

Publication

1.  
This Joint Action shall be published in the Official Journal of the European Union.
2.  
The PSC's decisions on the appointment of an EU Operation Commander and/or EU Force Commander, as well as the PSC's decisions on the acceptance of contributions from third States and the setting-up of a Committee of Contributors shall likewise be published in the Official Journal of the European Union.



( 1 ) Council Decision (CFSP) 2024/583 of 8 February 2024 on a European Union maritime security operation to safeguard freedom of navigation in relation to the Red Sea crisis (EUNAVFOR ASPIDES) (OJ L, 2024/583, 12.2.2024, ELI: http://data.europa.eu/eli/dec/2024/583/oj).

( 2 ) Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (OJ L 44, 19.2.2010, p. 16).

( 3 ) Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Capacity Building Mission in Somalia (EUCAP Somalia) (OJ L 187, 17.7.2012, p. 40).

( 4 ) Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).

( 5 ) Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, p. 14).

( 6 ) Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).

( 7 ) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

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