(4)

the following article is inserted: '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. For the purpose of contributing to the implementation of the United Nations arms embargo on Somalia in accordance with the relevant UNSC Resolutions, in particular Resolution 2182 (2014), Atalanta shall carry out, as set out in the planning documents and within the agreed area of operations 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 Somalia or that they are carrying weapons or military equipment to individuals or entities designated by the Committee established pursuant to UNSC Resolutions 751 (1992) and 1907 (2009). 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, 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, 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, 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 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 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 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.';