Council Decision 2009/293/CFSP of 26 February 2009 concerning the Exchange of Letters between the European Union and the Government of Kenya on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such transferr
Date: 2009-02-26
Institutions: Council of the European Union
Subjects: Kenya, exchange of information, fight against crime, illegal restraint, piracy, terrorism, warships

25.3.2009

EN

Official Journal of the European Union

L 79/47

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL DECISION 2009/293/CFSP

of 26 February 2009

concerning the Exchange of Letters between the European Union and the Government of Kenya on
the conditions and modalities for the transfer of persons suspected of having committed acts of
piracy and detained by the European Union-led naval force (EUNAVFOR), and seized property in
the possession of EUNAVFOR, from EUNAVFOR to Kenya and for their treatment after such
transfer

THE COUNCIL OF THE EUROPEAN UNION,

the death penalty, to torture or to any cruel, inhuman or
degrading treatment.

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

(4)

Having regard to the recommendation from the Presidency,

Whereas:

(1)

(2)

(3)

On 2 June 2008, the United Nations Security Council
(UNSC) adopted Resolution 1816 (2008) calling upon all
States to cooperate in determining jurisdiction, and in the
investigation and prosecution of persons responsible for
acts of piracy and armed robbery off
the coast of
Somalia. Those provisions were reaffirmed 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’).

Joint Action 2008/851/CFSP provides
that persons
having committed, or suspected of having committed
acts of piracy or armed robbery in Somali
territorial
waters, who are arrested and detained, with a view to
their prosecution, and property used to carry out such
acts, may be transferred to a third State which wishes to
exercise its jurisdiction over the aforementioned persons
and property, provided that
the
third State in a
transfer have been agreed with that
manner
law,
notably international law on human rights, in order to
guarantee in particular that no one shall be subjected to

consistent with relevant

the conditions

international

for

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

the Treaty,

In accordance with Article 24 of
the
Presidency, assisted by the Secretary-General/High Rep­
resentative (SG/HR), negotiated an Exchange of Letters
between the European Union and the Government of
Kenya on the conditions and modalities for the transfer
of persons suspected of having committed acts of piracy
force
and detained by the European Union-led naval
(EUNAVFOR), and seized property in the possession of
EUNAVFOR, from EUNAVFOR to Kenya and for their
treatment after such transfer.

(5)

The Exchange of Letters should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Exchange of Letters between the European Union and the
Government of Kenya on the conditions and modalities for the
transfer of persons suspected of having committed acts of
piracy and detained by EUNAVFOR, and seized property in
the possession of EUNAVFOR,
from EUNAVFOR to Kenya
and for their treatment after such transfer, is hereby approved
on behalf of the European Union.

The text of the Exchange of Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the respective letter in order to
bind the European Union.

L 79/48

EN

Official Journal of the European Union

25.3.2009

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

Article 3

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

Article 4

Done at Brussels, 26 February 2009.

For the Council
The President

I. LANGER