Council Joint Action 2008/749/CFSP of 19 September 2008 on the European Union military coordination action in support of UN Security Council resolution 1816 (2008) (EU NAVCO)
Date: 2008-09-19
Institutions: Council of the European Union
Subjects: EU financing, maritime safety, maritime shipping, military cooperation, military intervention, piracy

20.9.2008

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Official Journal of the European Union

L 252/39

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL JOINT ACTION 2008/749/CFSP

of 19 September 2008

on the European Union military coordination action in support of UN Security Council resolution
1816 (2008) (EU NAVCO)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 14, the third paragraph of Article 25, and
Article 28(3) thereof,

Whereas:

(1)

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

(2)

the upsurge of piracy attacks off

In its conclusions of 26 May 2008 the Council expressed
the
its concern at
Somali coast, which affect humanitarian efforts and inter­
national maritime traffic in the region and contribute to
continued violations of
the UN arms embargo. The
Council also commended the sequenced initiatives of
to provide protection to
some EU Member States

(3)

(4)

(5)

(6)

World Food Programme vessels. It stressed the need for
wider participation by the international community in
these escorts in order to secure the delivery of humani­
tarian aid to Somali populations.

On 16 June 2008 the Council requested the Council
General Secretariat
and the Commission to study
possible options for implementing all the commitments
contained in its conclusions of 26 May 2008, as well as
for how best to contribute to the implementation of UN
Security Council resolution 1816 (2008).

On 5 August 2008 the Council approved a crisis
management concept
for EU action to contribute to
the implementation of UN Security Council resolution
1816 (2008).

should
The Political and Security Committee
exercise political control of the EU military coordination
action in support of UN Security Council resolution
1816 (2008), provide it with strategic direction and
take the relevant decisions in accordance with the third
subparagraph of Article 25 of the EU Treaty.

(PSC)

the EU Treaty,

Under Article 28(3) of
the operating
expenditure arising from this Joint Action, which has
military or defence implications, should be charged to
the Member States. Notwithstanding the fact that expen­
diture arising from an EU military coordination action
such as that envisaged by this Joint Action is not
provided for under 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) (1),
the expenditure arising from this coordi­
nation action should,
in this specific case and by way
of exception, be managed in accordance with that
Decision.

(1) OJ L 152, 13.6.2007, p. 14.

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Official Journal of the European Union

20.9.2008

(7)

(8)

The financial reference amount for the common costs of
the EU military coordination action constitutes the best
current estimate and is without prejudice to the final
figures that are to be included in a budget
to be
approved in accordance with the rules laid down in
Decision 2007/384/CFSP.

establishing

In accordance with Article 6 of
the Protocol on the
position of Denmark annexed to the EU Treaty and to
the Treaty
the European Community,
Denmark does not participate in the elaboration and
implementation of decisions and actions of the Union
which have defence implications. Denmark is not parti­
cipating in the implementation of this Joint Action and is
therefore not participating in the financing of the EU
military coordination action,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Objective

The European Union shall conduct a military coordination
action in support of UN Security Council resolution 1816
(2008), named EU NAVCO.

Article 2

Mandate

1.
In pursuit of the objective laid down in Article 1, the aim
of the EU military coordination action shall be to support the
activities of Member States deploying military assets in theatre,
with a view to facilitating the availability and operational action
of those assets, in particular by setting up a coordination cell in
Brussels, hereinafter referred to as the ‘EU Coordination Cell’.

In fulfilment of this mandate, the EU Coordination Cell
2.
shall perform the tasks set out in the implementation plan
approved by the Council.

Article 3

Appointment of the Head of the EU Coordination Cell

Captain Andrés A. BREIJO CLAÚR is hereby appointed Head of
the EU Coordination Cell.

The EU military coordination action shall be launched on

2.
the date of adoption of this Joint Action by the Council.

Article 6

Political control and strategic direction

1.
Under the responsibility of the Council, the Political and
Security Committee (PSC) shall exercise the political control and
strategic direction of the EU military coordination action. The
Council hereby authorises the PSC to take the relevant decisions
in accordance with Article 25 of the EU Treaty. This authoris­
ation shall include powers to amend the implementation plan. It
shall also include the powers to take further decisions on the
appointment of the Head of the EU Coordination Cell. The
powers of decision with respect to the objectives and termi­
nation of
the EU military coordination action shall remain
vested in the Council, assisted by the Secretary-General/High
Representative.

2.

The PSC shall report to the Council at regular intervals.

The PSC shall receive reports from the Head of the EU
3.
Coordination Cell regarding the conduct of the EU military
coordination action at regular intervals. The PSC may invite
the Head of the EU Coordination Cell to its meetings, as appro­
priate.

Article 7

Military direction

The EU Military Committee (EUMC) shall monitor the
1.
proper execution of
the EU military coordination action
conducted under the responsibility of the Head of the EU Coor­
dination Cell.

2.
The EUMC shall receive reports from the Head of the EU
Coordination Cell at regular intervals. The PSC may invite the
Head of the EU Coordination Cell to its meetings, as appro­
priate.

Article 4

The Chairman of the EUMC shall act as the primary point

3.
of contact with the Head of the EU Coordination Cell.

Establishment of the EU Coordination Cell

The EU Coordination Cell shall be located in Brussels.

Article 5

Article 8

Coherence of the EU response

Implementation plan and launching of the EU military
coordination action

The implementation plan for EU NAVCO is hereby

1.
approved.

1.
The Presidency, the Secretary-General/High Representative,
the Head of the EU Coordination Cell, and the Member States
deploying military assets in theatre shall ensure close coordi­
nation of their respective activities with regard to the imple­
mentation of this Joint Action.

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Official Journal of the European Union

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The Member States shall in particular be invited to provide
2.
the EU Coordination Cell with any relevant information on their
operational activities in theatre and on the current situation in
the area,
including exchanges of information with merchant
vessels.

from third parties

2. Member States shall be responsible for answering any
claims
arising from naval operations
conducted by vessels flying their flags in connection with
those States' participation in implementing UN Security
Council resolution 1816 (2008).

Article 9

Relations with the United Nations, the African Union, the
International Maritime Organisation and other actors

The Secretary-General/High Representative, assisted by the
1.
European Union Special Representative to the African Union,
shall, in close coordination with the Presidency and in liaison
with the Head of the EU Coordination Cell, act as the primary
point of contact with the United Nations and the African
Union.

2.
At operational level the Head of the EU Coordination Cell
shall act as the point of contact with, in particular, ship-owners'
organisations, the relevant departments of the UN Secretariat,
the World Food Programme and the International Maritime
Organisation, and with Combined Task Force 150 within the
framework of Operation Enduring Freedom.

Article 10

Support of third States

the EU Coordination Cell

The PSC may authorise on a case-by-case basis the Head
1.
of
the same
conditions as those laid down for the Member States, the coor­
dination of action undertaken by third States implementing UN
Security Council resolution 1816 (2008) which have requested
such coordination.

to provide, under

To that end, the Head of the EU Coordination Cell shall
into administrative and technical

2.
be authorised to enter
arrangements with those States' competent authorities.

Article 11

Liability

The Member State which has seconded staff to the EU
1.
Coordination Cell
shall be responsible for answering any
claims linked to the secondment, whether from or concerning
a staff member. The Member State in question shall be
responsible for bringing any action against the seconded staff
member.

Article 12

Financial arrangements

The following common costs of the EU military coordi­
in

1.
nation action shall be charged to the Member States
accordance with the gross national income scale:

— communications,

— transport/travel,

— administration.

The financing of

2.
nistered by Athena.

those common costs shall be admi­

3.
The financial reference amount for the common costs of
the EU military coordination action shall be EUR 60 000. The
percentage of the reference amount referred to in Article 33(3)
of 2007/384/CFSP shall be 30 %.

Article 13

Release of information to the United Nations and other
third parties

The Secretary General/High Representative

1.
is hereby
authorised to release to the United Nations and to other third
parties associated with this Joint Action EU classified infor­
mation and documents generated for the purposes of the EU
military coordination action up to the level of classification
relevant for each of them and in accordance with the Council
security regulations (1).

The Secretary General/High Representative

2.
is hereby
authorised to release to the United Nations and to other third
parties, associated with this Joint Action, EU non-classified
documents
relating to the Council's deliberations on the
military coordination action which are covered by the obli­
gation of professional secrecy pursuant to Article 6(1) of the
Council's Rules of Procedure (2).

(1) Council Decision 2001/264/EC of 19 March 2001 adopting the

Council's security regulations (OJ L 101, 11.4.2001, p. 1).

(2) Council Decision 2004/338/EC, Euratom of 22 March 2004
adopting the Council's Rules of Procedure (OJ L 106, 15.4.2004,
p. 22).

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Article 14

Entry into force and termination

Article 15

Publication

This Joint Action shall enter into force on the date of its

1.
adoption.

This Joint Action shall be published in the Official Journal

1.
of the European Union.

2.
The EU military coordination action shall terminate on a
date to be decided by the Council and shall be reassessed at the
end of the period of validity of UN Security Council resolution
1816 (2008).

2.
The PSC's decisions on the subsequent appointment of the
Head of the EU Coordination Cell shall likewise be published in
the Official Journal of the European Union.

Done at Brussels, 19 September 2008.

3.
This Joint Action shall be repealed on the date on which
the EU Coordination Cell closes and without prejudice to the
relevant provisions of Decision 2007/384/CFSP.

For the Council
The President

B. KOUCHNER