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,
Joint Action 2008/851/CFSP is hereby amended as follows:
(1) Article 1 is replaced by the following:
— the protection of vessels of the WFP delivering food aid to displaced persons in Somalia, in accordance with the mandate laid down in UNSC Resolution 1814 (2008), and
— the protection of vulnerable vessels cruising off the Somali coast, and the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast, in accordance with the mandate laid down in UNSC Resolutions 1846 (2008) and 1851 (2008).
(2) Article 2 is amended as follows:
(a) point (a) is replaced by the following:
‘(a) provide protection to vessels chartered by the WFP, including by means of the presence on board those vessels of armed units of Atalanta, including when sailing in Somalia’s territorial and internal waters;’;
(b) point (c) is replaced by the following:
‘(c) keep watch over areas off the Somali coast, including Somalia’s territorial and internal waters, in which there are dangers to maritime activities, in particular to maritime traffic;’;
(c) point (f) is replaced by the following:
‘(f) liaise with organisations and entities, as well as States, working in the region to combat acts of piracy and armed robbery off the Somali coast, in particular the “Combined Task Force 151” maritime force which operates within the framework of “Operation Enduring Freedom”;’;
(3) Article 12 is replaced by the following:
— to the competent authorities of the Member State or of the third State participating in the operation, of which the vessel which took them captive flies the flag, or
— if that State cannot, or does not wish to, exercise its jurisdiction, to a Member State or any third State which wishes to exercise its jurisdiction over the aforementioned persons and property.
(4) in Article 14 the following paragraph is added:
(5) Article 16(3) is replaced by the following:
This Decision shall enter into force on the date of its adoption.