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30.9.2011 Official
Journal
of
the
European
Union L
254/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION 2011/640/CFSP
of 12 July 2011
on the signing and conclusion of the Agreement between the European Union and the Republic of
Mauritius on the conditions of transfer of suspected pirates and associated seized property from the
European Union-led naval force to the Republic of Mauritius and on the conditions of suspected
pirates after transfer
THE COUNCIL OF THE EUROPEAN UNION,
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 afore
mentioned persons and property, provided that the
Having regard to the Treaty on European Union, and in
conditions for the transfer have been agreed with that
particular Article 37 thereof, and the Treaty on the Functioning
third State in a manner consistent with relevant inter
of the European Union, and in particular Article 218(5) and (6)
national law, notably international law on human rights,
thereof,
in order to guarantee in particular that no-one is
subjected to the death penalty, to torture or to any
cruel, inhuman or degrading treatment.
Having regard to the proposal from the High Representative of
the Union for Foreign Affairs and Security Policy (‘HR’),
(4) Following
the
adoption
of
a
Decision
by
the
Council
on
22 March 2010 authorising the opening of negotiations,
the HR in accordance with Article 37 TEU negotiated an
Agreement between the European Union and the
Whereas:
Republic of Mauritius on the conditions of transfer of
suspected pirates and associated seized property from
the European Union-led naval force to the Republic of
Mauritius and on the conditions of suspected pirates after
(1) On
2
June
2008,
the
United
Nations
Security
Council
transfer (‘the Agreement’).
(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
(5) The
Agreement
should
be
approved,
Somalia. Those provisions were reaffirmed by successor
UNSC Resolutions.
HAS ADOPTED THIS DECISION:
(2) 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
Article 1
the Somali coast ( 1 ) (operation ‘Atalanta’).
The Agreement between the European Union and the Republic
of Mauritius on the conditions of transfer of suspected pirates
and associated seized property from the European Union-led
naval force to the Republic of Mauritius and on the conditions
(3) Article
12
of
Joint
Action
2008/851/CFSP
provides
that of suspected pirates after transfer (‘the Agreement’) is hereby
persons suspected of intending to commit, committing
approved on behalf of the Union.
or having committed acts of piracy or armed robbery in
Somali territorial waters, who are arrested and detained,
( 1 ) OJ L 301, 12.11.2008, p. 33.
The text of the Agreement is attached to this Decision.

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L 254/2
EN
Official Journal of the European Union
30.9.2011
Article 2
Article 4
The President of the Council is hereby authorised to designate
This Decision shall enter into force on the date of its adoption.
the person(s) empowered to sign the Agreement in order to
bind the Union.
Done at Brussels, 12 July 2011.
Article 3
For the Council
The President of the Council shall, on behalf of the Union, give
the notification provided for in Article 11(1) of the
The President
Agreement ( 1 ).
J. VINCENT-ROSTOWSKI
( 1 ) The date of the entry into force of the Agreement will be published
in the Official Journal of the European Union by the General Secretariat
of the Council.

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