Council Decision 2009/88/CFSP of 22 December 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Djibouti on the status of the European Union-led forces in the Republic of Djibouti in the framework of the EU military operation Atalanta
Date: 2008-12-22
Institutions: Council of the European Union
Subjects: Djibouti, Somalia, UNO, deterrent, humanitarian aid, maritime transport, military intervention, terrorism, warships

3.2.2009

EN

Official Journal of the European Union

L 33/41

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2009/88/CFSP

of 22 December 2008

concerning the conclusion of the Agreement between the European Union and the Republic of
in the
Djibouti on the status of the European Union-led forces in the Republic of Djibouti

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:

(1)

(2)

(3)

(4)

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
and in activities
of humanitarian aid to Somalia
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 that Resolution, States cooperating with the Tran­
sitional Federal Government of Somalia (TFG), to enter
the territorial waters of Somalia and to use, in a manner
law, all necessary
consistent with relevant international
means to repress acts of piracy and armed robbery at sea.
These 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).

Article 11 of that Joint Action provides that the status of
the European Union-led forces and their personnel who
are stationed on the land territory of third States, or

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

be

shall

agreed

third
operate in the territorial or internal waters of
States,
in accordance with the
procedure laid down in Article 24 of the Treaty. By
letter dated 1 December 2008 sent to the Secretary-
General/High Representative (SG/HR),
the Government
of the Republic of Djibouti stated its agreement to the
deployment of a European force on its territory and its
intention to conclude to that end an agreement on the
status of the forces.

(5)

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
Republic of Djibouti on the status of
the European
Union-led forces in the Republic of Djibouti.

assisted by

(6)

That Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Union and the Republic
of Djibouti on the status of the European Union-led forces in
the Republic of Djibouti in the framework of the EU military
operation Atalanta is hereby approved on behalf of
the
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(s) empowered to sign the Agreement in order to
bind the European Union.

L 33/42

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Official Journal of the European Union

3.2.2009

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