Council Decision 2012/174/CFSP of 23 March 2012 amending 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

27.3.2012 EN Official Journal of the European Union L 89/69
COUNCIL DECISION 2012/174/CFSP
of 23 March 2012
amending 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
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1).
(2) On 8 December 2009, on 30 July 2010 and 7 December 2010 respectively, the Council adopted Decision 2009/907/CFSP (2), Decision 2010/437/CFSP (3) and Decision 2010/766/CFSP (4), amending Joint Action 2008/851/CFSP.
(3) On 14 November 2011, the Council adopted the Strategic Framework for the Horn of Africa with the aim of developing a comprehensive approach towards the problems emanating from the Horn of Africa. The fight against piracy is part of this effort.
(4) Acts of piracy and armed robbery on and off the Somali coast continue to threaten shipping in the area and especially the delivery of food aid to the Somali population by the World Food Programme and generate financial flows against which further efforts need to be undertaken.
(5) The EU military operation referred to in Joint Action 2008/851/CFSP (‘Atalanta’) should be extended until 12 December 2014.
(6) It is also necessary to lay down the financial reference amount intended to cover the common costs of Atalanta for the period from 13 December 2012 to 12 December 2014.
(7) On 16 December 2008, the United Nations Security Council (UNSC) adopted Resolution 1851 (2008) on the situation in Somalia, authorising States and regional organisations cooperating in the fight against piracy and armed robbery at sea off the coast of Somalia for which advance notification has been provided by the Somali Transitional Federal Government (TFG) to the United Nations Secretary-General to undertake all necessary measures that are appropriate in Somalia for the purpose of suppressing acts of piracy and armed robbery at sea, provided that any such measures shall be undertaken consistent with applicable international humanitarian and human rights law.
(8) On 22 November 2011, the UNSC adopted Resolution 2020 (2011) renewing the authorisations set out in paragraph 10 of Resolution 1846 (2008) and paragraph 6 of Resolution 1851 (2008).
(9) By letter of 20 February 2012 the EU made an offer of extended cooperation to the TFG, complementing its offer made by letter of 30 October 2008.
(10) The TFG notified the United Nations Secretary-General by letter of 1 March 2012 of the offer made by the EU, in conformity with paragraph 6 of UNSC Resolution 1851 (2008) and paragraph 9 of UNSC Resolution 2020 (2011).
(11) It is necessary to extend the area of operations of Atalanta to include Somali internal waters and Somali land territory.
(12) It is also necessary to set out the conditions under which suspects arrested and detained in the internal or territorial waters of States other than Somalia may be transferred.
(13) Joint Action 2008/851/CFSP should therefore be amended accordingly,