(1)

In its Resolution 1814 (2008) on the situation in Somalia, adopted on 15 May 2008, the United Nations Security Council (UNSC) has called on States and regional organisations, in close coordination with one another, to take action to protect shipping involved in the transport and delivery of humanitarian aid to Somalia and in activities authorised by the United Nations.

(2)

In its Resolution 1816 (2008) on the situation in Somalia, adopted on 2 June 2008, the UNSC expressed its concern at the threat that acts of piracy and armed robbery against vessels pose to the delivery of humanitarian aid to Somalia, the safety of commercial maritime routes and international navigation. The UNSC encouraged, in particular, States interested in the use of commercial maritime routes off the coast of Somalia to increase and coordinate their efforts, in cooperation with the Transitional Federal Government of Somalia (TFG), to deter acts of piracy and armed robbery at sea. It authorised, for a period of six months from the date of the resolution, States cooperating with the TFG, of which advance notification had been given by the TFG to the UN Secretary-General, to enter the territorial waters of Somalia and to use, in a manner consistent with relevant international law, all necessary means to repress acts of piracy and armed robbery at sea.

(3)

In its Resolution 1838 (2008) on the situation in Somalia, adopted on 7 October 2008, the UNSC commended the ongoing planning process towards a possible European Union (EU) naval operation, as well as other international or national initiatives taken with a view to implementing Resolutions 1814 (2008) and 1816 (2008), and urged States that have the capacity to do so, to cooperate with the TFG in the fight against piracy and armed robbery at sea in conformity with the provisions of Resolution 1816 (2008). The UNSC also urged States and regional organisations, in conformity with the provisions of Resolution 1814 (2008), to continue to take action to protect the World Food Programme (WFP) maritime convoys, which is vital to bring humanitarian assistance to the affected populations in Somalia.

(4)

In its conclusions of 26 May 2008, the Council expressed its concern at the upsurge of piracy attacks off the Somali coast, which affect humanitarian efforts and international maritime traffic in the region and contribute to continued violations of the UN arms embargo. The Council also commended the sequenced initiatives of some Member States to provide protection to WFP vessels. It stressed the need for wider participation by the international community in these escorts in order to secure the delivery of humanitarian aid to the Somali population.

(5)

On 5 August 2008, the Council approved a crisis management concept for action by the EU to help implement UNSC Resolution 1816 (2008) and for peace and international security in the region.

(6)

On 15 September 2008, the Council reaffirmed its serious concern at the acts of piracy and armed robbery off the Somali coast, deploring, in particular, their recent resurgence. As regards the EU's contribution to the implementation of UNSC Resolution 1816 (2008) on combating piracy off the Somali coast and to the protection, under Resolutions 1814 (2008) and 1816 (2008), of vessels chartered by the WFP and bound for Somalia, the Council decided to establish a coordination cell in Brussels with the task of supporting the surveillance and protection activities carried out by some Member States off the Somali coast. On the same day, it approved, on the one hand, a plan for the implementation of this military coordination action (EU NAVCO) and, on the other, a strategic military option for a possible EU naval operation for which those Member States wishing to cooperate with the TFG under Resolution 1816 (2008) would make available military resources for the deterrence and repression of acts of piracy and armed robbery off the Somali coast.

(7)

On 19 September 2008, the Council adopted Joint Action 2008/749/CFSP on the European Union military coordination action in support of UN Security Council Resolution 1816 (2008) (EU NAVCO) (1).

(8)

On the launch of the Atalanta military operation, the tasks of the military coordination cell will be exercised under this Joint Action. The coordination cell should then be closed.

(9)

The Political and Security Committee (PSC) should exercise political control over the EU military operation in order to help deter acts of piracy off the Somali coast, provide it with strategic direction and take the relevant decisions in accordance with third subparagraph of Article 25 of the Treaty.

(10)

Under Article 28(3) of the Treaty, the operational expenditure, arising from this Joint Action, which has military or defence implications, should be borne by the Member States in accordance with Council Decision 2007/384/CFSP of 14 May 2007 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (2) (hereinafter referred to as ‘Athena’).

(11)

Article 14(1) of the Treaty calls for Joint Actions to lay down the means to be made available to the European Union. The financial reference amount, for a twelve-month period, for the common costs of the EU military operation constitutes the best current estimate and is without prejudice to the final figures to be included in a budget to be approved in accordance with the rules laid down in the decision regarding Athena.

(12)

By letter dated 30 October 2008, the EU made an offer to the TFG, pursuant to point 7 of Resolution 1816 (2008), which contains proposals for States other than Somalia to exercise jurisdiction over persons captured in Somali territorial waters who have committed, or are suspected of having committed, acts of piracy or armed robbery.

(13)

In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Denmark does not participate in the implementation of this Joint Action and therefore does not participate in the financing of the operation,

(a)

provide protection to vessels chartered by the WFP, including by means of the presence on board those vessels of armed units of Atalanta, in particular when cruising in Somali territorial waters;

(b)

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

(c)

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

(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;

(e)

in view of prosecutions potentially being brought by the relevant States under the conditions in Article 12, arrest, detain and transfer persons who have committed, or are suspected of 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, as well as the goods on board;

(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 150’ maritime force which operates within the framework of ‘Operation Enduring Freedom’.

—

are stationed on the land territory of third States,

—

operate in the territorial or internal waters of third States,