(1)

On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1), which established the European Union military operation to contribute to maritime security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA). On 12 December 2022, the Council adopted Decision (CFSP) 2022/2441 (2), amending Joint Action 2008/851/CFSP and extending the mandate of EUNAVFOR ATALANTA until 31 December 2024.

(2)

On 2 December 2008, the United Nations Security Council (UNSC) adopted Resolution 1846 (2008), which authorised States and regional organisations cooperating with the government of Somalia in the fight against piracy and armed robbery at sea off the coast of Somalia to enter into the territorial waters of Somalia and to use in those waters all necessary means to repress acts of piracy and armed robbery at sea. Furthermore, on 16 December 2008, UNSC Resolution 1851 (2008) authorised those States and regional organisations to undertake all necessary measures that are appropriate in Somalia for the purpose of suppressing acts of piracy and armed robbery at sea. Those authorisations were renewed most recently by UNSC Resolution 2608 (2021) for a limited period of time.

(3)

The United Nations Convention on the Law of the Sea includes provisions on piracy under Article 100 et seq. thereof. In particular, Article 105 thereof provides that, on the high seas, or in any place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. In addition, actions to protect vessels or to deter, prevent and repress acts of piracy and armed robbery in territorial waters may be authorised by the government of Somalia.

(4)

UNSC Resolution 1814 (2008) reiterated the UNSC’s support for the contribution made by some States to protecting the World Food Programme (WFP) maritime convoys, and called upon States and regional organisations, in close coordination with each other, to take action to protect shipping involved with the transportation and delivery of humanitarian aid to Somalia and United Nations-authorised activities.

(5)

UNSC Resolution 1851 (2008) included an invitation to all States and regional organisations fighting piracy off the coast of Somalia to conclude special agreements or arrangements with countries willing to take custody of pirates, in particular countries in the region, to facilitate the investigation and prosecution of persons detained as a result of operations conducted for acts of piracy and armed robbery at sea off the coast of Somalia.

(6)

UNSC Resolution 1851 (2008) also included a call by the UNSC, which remains valid, upon States, regional and international organisations that have the capacity to do so, to take part actively in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with that Resolution, Resolution 1846 (2008) and international law, by deploying naval vessels and military aircraft and through seizure and disposition of boats, vessels, arms and other related equipment used in the commission of piracy and armed robbery at sea off the coast of Somalia, or for which there are reasonable grounds for suspecting such use.

(7)

Such calls were renewed in particular by UNSC Resolution 2608 (2021), in which the UNSC, while noting improvements in Somalia: recognised that piracy exacerbates instability in Somalia by introducing large amounts of illicit cash that fuels additional crime, corruption and terrorism; noted the importance of securing the safe delivery of WFP assistance by sea; and welcomed the ongoing work by the WFP, EUNAVFOR ATALANTA and flag States with regard to vessel protection detachments on WFP vessels.

(8)

On 3 March 2022, the authorisation given by paragraph 14 of UNSC Resolution 2608 (2021), which had first been granted by UNSC Resolution 1846 (2008), lapsed. It allowed, until that date, States and regional organisations to enter into the territorial sea of Somalia for the purpose of repressing acts of piracy and armed robbery at sea and to use, within the territorial sea of Somalia, all necessary means to repress acts of piracy and armed robbery at sea.

(9)

The provisions of Joint Action 2008/851/CFSP regarding piracy and armed robbery should be amended accordingly.

(10)

On 1 December 2023, the UNSC adopted Resolution 2713 (2023), which established an arms embargo on Al-Shabaab, and renewed until 15 December 2024 the provisions set out in paragraphs 15 and 17 of UNSC Resolution 2182 (2014), expanded by paragraph 5 of UNSC Resolution 2607 (2021) to cover IED components. The UNSC also adopted Resolution 2714 (2023), which lifted the arms embargo on Somalia established by UNSC Resolution 733 (1992).

(11)

The provisions of Joint Action 2008/851/CFSP on contributing to the United Nations arms embargo on the high seas off the coast of Somalia should be amended accordingly.

(12)

EUNAVFOR ATALANTA should coordinate closely with the EU maritime security operation to safeguard freedom of navigation in relation to the Red Sea crisis (EUNAVFOR ASPIDES), established on 8 February 2024 by Council Decision (CFSP) 2024/583 (3). In addition, close cooperation with like-minded maritime security providers will require the possibility to exchange, on the basis of reciprocity and inclusiveness, EU classified information up to ‘SECRET UE/EU SECRET’ level with the United States-led Operation Prosperity Guardian and with the Combined Maritime Forces, and the possibility to release EU classified information up to the appropriate level to like-minded partners, in accordance with Council Decision 2013/488/EU (4), which lays down the security rules for protecting EU classified information. Relevant provisions for those purposes should be introduced in Joint Action 2008/851/CFSP,

(1)

Article 1 is replaced by the following:

(2)

Article 2 is amended as follows:

(3)

in Article 2a(1), in the introductory wording, the words ‘territorial or internal waters’ are replaced by the words ‘territorial waters’;

(4)

in Article 2b(1), the first sentence is replaced by the following:

‘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).’;

(5)

Article 8 is replaced by the following:

(*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).’;"

(6)

Article 15 is amended as follows: