02008E0851 — EN — 04.04.2024 — 012.001
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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) ◄ (OJ L 301 12.11.2008, p. 33) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 322 |
27 |
9.12.2009 |
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L 210 |
33 |
11.8.2010 |
||
L 327 |
49 |
11.12.2010 |
||
L 89 |
69 |
27.3.2012 |
||
L 335 |
19 |
22.11.2014 |
||
L 125 |
12 |
13.5.2016 |
||
L 321 |
53 |
29.11.2016 |
||
L 194 |
142 |
31.7.2018 |
||
L 322 |
22 |
18.12.2018 |
||
L 435 |
74 |
23.12.2020 |
||
L 319 |
80 |
13.12.2022 |
||
L 1059 |
1 |
5.4.2024 |
Corrected by:
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)
Article 1
Mission
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:
Article 2
Countering piracy and armed robbery off the coast of Somalia and protecting vulnerable shipping
►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: ◄
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;
provide protection, based on a case-by-case evaluation of needs, to merchant vessels cruising in the areas where it is deployed;
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;
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;
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;
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’;
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;
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:
The personal data shall not be stored after its transmission to INTERPOL;
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;
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;
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;
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;
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;
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.
Article 2a
Transfer of persons arrested and detained with a view to their prosecution
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:
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
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:
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;
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.
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
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
Article 7
Military direction
Article 8
Consistency of the Union’s response and operational cooperation with other actors
Article 9
Relations with the United Nations, neighbouring countries and other actors
Article 10
Participation by third States
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:
shall be agreed in accordance with the procedure laid down in Article 37 of the Treaty.
▼M10 —————
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
Article 14 a
Transitory financial arrangements
Article 15
Release and exchange of information
▼M12 —————
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:
up to the level provided in the applicable security of information agreement concluded between the Union and the third State concerned; or
up to ‘RESTREINT UE/EU RESTRICTED’ level for information released to other third States designated by the PSC.
Article 16
Entry into force and termination
Article 17
Publication
( 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).