Council Decision 2009/29/CFSP of 22 December 2008 concerning the conclusion of the Agreement between the European Union and the Somali Republic on the status of the European Union-led naval force in the Somali Republic in the framework of the EU military operation Atalanta
Date: 2008-12-22
Institutions: Council of the European Union
Subjects: Somalia, UNO, deterrent, humanitarian aid, literature, maritime transport, military intervention, terrorism, warships

15.1.2009

EN

Official Journal of the European Union

L 10/27

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2009/29/CFSP

of 22 December 2008

concerning the conclusion of the Agreement between the European Union and the Somali Republic
on the status of the European Union-led naval force in the Somali Republic in the framework of the
EU military operation Atalanta

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 24 thereof,

Having regard to the recommendation from the Presidency,

Whereas:

(4)

(5)

Article 11 of that Joint Action provides that the status of
the EU-led forces and their personnel who are stationed
on the land territory of third States, or operate in the
third States, shall be
territorial or internal waters of
agreed in accordance with the procedure laid down in
Article 24 of the Treaty.

Following authorisation by the Council on 18 September
2007, in accordance with Article 24 of the Treaty, the
Presidency,
the SG/HR, negotiated an
Agreement between the European Union and the
Somali Republic on the status of the EU-led naval force
in the Somali Republic.

assisted by

(1)

(2)

(3)

On 15 May 2008, the United Nations Security Council
(UNSC) adopted Resolution 1814 (2008) calling on
States and regional organisations
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.

On 2 June 2008, the UNSC adopted Resolution 1816
(2008) authorising, for a period of six months from the
date of the Resolution, States cooperating with the Tran­
sitional Federal Government of Somalia to enter the terri­
in a manner
torial waters of Somalia and to use,
law, all necessary
consistent with relevant international
means to repress acts of piracy and armed robbery at sea.
Those provisions were extended for an additional period
of 12 months by UNSC Resolution 1846 (2008),
adopted on 2 December 2008.

On 10 November 2008,
the Council adopted Joint
Action 2008/851/CFSP on a European Union military
operation to contribute to the deterrence, prevention
and repression of acts of piracy and armed robbery off
the Somali coast (1) (operation Atalanta).

(1) OJ L 301, 12.11.2008, p. 33.

(6)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Somali
Republic on the status of the European Union-led naval force in
the
the Somali Republic is hereby approved on behalf of
European Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement in order to bind
the European Union.

L 10/28

EN

Official Journal of the European Union

15.1.2009

This Decision shall take effect on the day of its adoption.

Article 3

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 22 December 2008.

For the Council
The President

B. KOUCHNER