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27.3.2012 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,
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
Having regard to the Treaty on European Union, and in
consistent with applicable international humanitarian
particular Article 42(4) and Article 43(2) thereof,
and human rights law.
Having regard to the proposal from the High Representative of
the Union for Foreign Affairs and Security Policy,
(8) On
22
November
2011,
the
UNSC
adopted
Resolution
2020 (2011) renewing the authorisations set out in
paragraph 10 of Resolution 1846 (2008) and
Whereas:
paragraph 6 of Resolution 1851 (2008).
(1) On
10
November
2008,
the
Council
adopted
Joint (9) By
letter
of
20
February
2012
the
EU
made
an
offer
of
Action 2008/851/CFSP ( 1 ).
extended cooperation to the TFG, complementing its
offer made by letter of 30 October 2008.
(2)
On 8 December 2009, on 30 July 2010 and 7 December
2010 respectively, the Council adopted Decision
2009/907/CFSP (
(10) The
TFG
notified
the
United
Nations
Secretary-General

2 ), Decision 2010/437/CFSP
( 3 ) and
by letter of 1 March 2012 of the offer made by the
Decision 2010/766/CFSP
( 4 ), amending Joint Action
EU, in conformity with paragraph 6 of UNSC Resolution
2008/851/CFSP.
1851 (2008) and paragraph 9 of UNSC Resolution 2020
(2011).
(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
(11) It is necessary to extend the area of operations of
the problems emanating from the Horn of Africa. The
Atalanta to include Somali internal waters and Somali
fight against piracy is part of this effort.
land territory.
(4)
Acts of piracy and armed robbery on and off the Somali
(12) It
is
also
necessary
to
set
out
the
conditions
under
which
coast continue to threaten shipping in the area and
suspects arrested and detained in the internal or terri
especially the delivery of food aid to the Somali popu
torial waters of States other than Somalia may be trans
lation by the World Food Programme and generate
ferred.
financial flows against which further efforts need to be
undertaken.
(13) Joint Action 2008/851/CFSP should therefore be
amended accordingly,
(5) The
EU
military
operation
referred
to
in
Joint
Action
2008/851/CFSP (‘Atalanta’) should be extended until
12 December 2014.
HAS ADOPTED THIS DECISION:
(6)
It is also necessary to lay down the financial reference
Article 1
amount intended to cover the common costs of Atalanta
for the period from 13 December 2012 to 12 December
Joint Action 2008/851/CFSP is hereby amended as follows:
2014.
(1) Article 1 is replaced by the following:
(7) On
16
December
2008,
the
United
Nations
Security
Council (UNSC) adopted Resolution 1851 (2008) on
the situation in Somalia, authorising States and regional
‘Article 1
organisations cooperating in the fight against piracy and
Mission
armed robbery at sea off the coast of Somalia for which
advance notification has been provided by the Somali
1. The
European
Union
(EU)
shall
conduct
a
military
Transitional Federal Government (TFG) to the United
operation in support of Resolutions 1814 (2008), 1816
Nations Secretary-General to undertake all necessary
(2008), 1838 (2008), 1846 (2008) and 1851 (2008) of
the United Nations Security Council (UNSC), in a manner
consistent with action permitted with respect to piracy
( 1 ) OJ L 301, 12.11.2008, p. 33.
under Article 100 et seq. of the United Nations Convention
( 2 ) OJ L 322, 9.12.2009, p. 27.
( 3 ) OJ L 210, 11.8.2010, p. 33.
on the Law of the Sea signed in Montego Bay on
( 4 ) OJ L 327, 11.12.2010, p. 49.
10 December 1982 (hereinafter referred to as “the United

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L 89/70
EN
Official Journal of the European Union
27.3.2012
Nations Convention on the Law of the Sea”) and by means,
hand, and Article 105 of the United Nations Convention on
in particular, of commitments made with third States (“Atal
the Law of the Sea, on the other hand, persons suspected of
anta”) in order to contribute to:
intending, as referred to in Articles 101 and 103 of the
United Nations Convention of the Law of the Sea, to
commit, committing or having committed acts of piracy
— the protection of vessels of the WFP delivering food aid
or armed robbery in Somalia’s territorial or internal
to displaced persons in Somalia, in accordance with the
waters or on the high seas, who are arrested and
mandate laid down in UNSC Resolution 1814 (2008),
detained, with a view to their prosecution, and property
and
used to carry out such acts, shall be transferred:
— the protection of vulnerable vessels cruising off the
Somali coast, and the deterrence, prevention and
— to the competent authorities of the Member State or of
repression of acts of piracy and armed robbery off the
the third State participating in the operation, of which
Somali coast, in accordance with the mandate laid down
the vessel which took them captive flies the flag, or
in UNSC Resolutions 1846 (2008) and 1851 (2008).
2. The area of operations of the forces deployed to that
— if that State cannot, or does not wish to, exercise its
end shall consist of the Somali coastal territory and internal
jurisdiction, to a Member State or any third State which
waters, and the maritime areas off the coasts of Somalia and
wishes to exercise its jurisdiction over the aforemen
neighbouring countries within the region of the Indian
tioned persons and property.
Ocean, in accordance with the political objective of an EU
maritime operation, as defined in the crisis management
concept approved by the Council on 5 August 2008.
2. Persons
suspected
of
intending,
as
referred
to
in
Articles 101 and 103 of the United Nations Convention
3. In
addition,
Atalanta
shall
contribute
to
the
moni
of the Law of the Sea, to commit, committing or having
toring of fishing activities off the coast of Somalia.’;
committed acts of piracy or armed robbery who are arrested
and detained, with a view to their prosecution, by Atalanta
(2) Article 2 is amended as follows:
in the territorial waters, the internal waters or the
archipelagic waters of other States in the region in
agreement with these States, and property used to carry
(a) point (a) is replaced by the following:
out such acts, may be transferred to the competent auth
orities of the State concerned, or, with the consent of the
‘(a) provide protection to vessels chartered by the WFP,
State concerned, to the competent authorities of another
including by means of the presence on board those
State.
vessels of armed units of Atalanta, including when
sailing in Somalia’s territorial and internal waters;’;
3. No persons referred to in paragraphs 1 and 2 may be
(b) point (c) is replaced by the following:
transferred to a third State unless the conditions for the
transfer have been agreed with that third State in a
manner consistent with relevant international law, notably
‘(c) keep watch over areas off the Somali coast,
international law on human rights, in order to guarantee in
including Somalia’s territorial and internal waters,
particular that no one shall be subjected to the death
in which there are dangers to maritime activities,
penalty, to torture or to any cruel, inhuman or degrading
in particular to maritime traffic;’;
treatment.’;
(c) point (f) is replaced by the following:
(4) in Article 14 the following paragraph is added:
‘(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
‘3. The
financial
reference
amount
for
the
common
costs
particular the “Combined Task Force 151” maritime
of the EU military operation for the period from
force which operates within the framework of
13 December 2012 until 12 December 2014 shall be
“Operation Enduring Freedom”;’;
EUR 14 900 000. The percentage of the reference amount
referred to in Article 25(1) of Council Decision
(3) Article 12 is replaced by the following:
2011/871/CFSP shall be 0 %.’;
‘Article 12
(5) Article 16(3) is replaced by the following:
Transfer of persons arrested and detained with a view
to their prosecution
1. On
the
basis
of
Somalia’s
acceptance
of
the
exercise
of
‘3. The EU military operation shall terminate on
jurisdiction by Member States or by third States, on the one
12 December 2014.’.

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EN
27.3.2012 Official
Journal
of
the
European
Union L
89/71
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 March 2012.
For the Council
The President
C. ASHTON

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Document Outline

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