11.12.2010

EN

Official Journal of the European Union

L 327/49

(1)

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).

(2)

On 8 December 2009 and on 30 July 2010 respectively, the Council adopted Decision 2009/907/CFSP (2) and Decision 2010/437/CFSP (3) amending Joint Action 2008/851/CFSP.

(3)

Acts of piracy and armed robbery 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.

(4)

On 23 November 2010, the United Nations Security Council adopted Resolution 1950 (2010).

(5)

The European Union military operation referred to in Joint Action 2008/851/CFSP (‘楨U military operation‘� should be extended until 12 December 2012.

(6)

The definition of persons likely to be transferred pursuant to Article 12 of Joint Action 2008/851/CFSP should be clarified in accordance with the provisions of the United Nations Convention on the Law of the Sea.

(7)

In the light of experience from the first 2 years of the EU military operation, amendments to Joint Action 2008/851/CFSP are required in order to allow for the collection of physical characteristics and transmission of certain personal data, such as fingerprints, of suspected persons, with a view to facilitating their identification and traceability and their possible prosecution. Such processing should be carried out in accordance with Article 6 of the Treaty on European Union.

(8)

It is also necessary for practical reasons to provide for the possibility of exchanging classified information in the theatre of operations.

(9)

Joint Action 2008/851/CFSP should therefore be amended accordingly,

(1)

in Article 2, point (e) is replaced by the following:

(2)

in Article 2, the following points are added:

(3)

in Article 12, paragraph 1 is replaced by the following:

‘�. On the basis of Somalia‘檚 acceptance of the exercise of jurisdiction by Member States or by third States, on the one hand, and Article 105 of the United Nations Convention on the Law of the Sea, on the other hand, persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention on the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in Somali territorial waters or on the high seas, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, shall be transferred:

(4)

in Article 15, the following paragraph is added:

‘�. The HR is hereby authorised to release to the United States-led Coalition Maritime Force (‘楥MF‘�, through its Headquarters, as well as to third States not participating in CMF and to international organisations, which are present in the area of the EU military operation, classified EU information and documents generated for the purposes of the EU military operation at the level RESTREINT UE, on the basis of reciprocity, where such release at theatre level is necessary for operational reasons, in accordance with the Council‘檚 security regulations and subject to arrangements between the HR and the competent authorities of the third parties referred to above.‘�

(5)

in Article 16, paragraph 3 is replaced by the following:

‘�. The EU military operation shall terminate on 12 December 2012.‘�