Council Decision (CFSP) 2020/2188

of 22 December 2020

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 Articles 42(4) and 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/CFSP1 establishing the EU military operation Atalanta.

(2)

On 30 July 2018, Council Decision (CFSP) 2018/10832 amended Joint Action 2008/851/CFSP and extended Atalanta until 31 December 2020.

(3)

The United Nations Convention against Illicit Traffic In Narcotic Drugs And Psychotropic Substances, signed on 20 December 1988, provides that the Parties are to cooperate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea.

(4)

On 15 November 2019, the United Nations Security Council (UNSC), in its Resolution 2498 (2019), reaffirmed that all States are to, for the purposes of establishing peace and stability in Somalia, implement the embargo on weapons and military equipment to Somalia initially imposed by paragraph 5 of its Resolution 733 (1992) and paragraphs 1 and 2 of its Resolution 1425 (2002).

(5)

In its Resolution 2498 (2019), the UNSC also condemned any exports of charcoal from Somalia in violation of the total ban on the export of charcoal and reaffirmed its decision regarding the ban on the import and export of Somali charcoal, as set out in paragraph 22 of its Resolution 2036 (2012) and paragraphs 11 to 21 of its Resolution 2182 (2014).

(6)

On 4 December 2019, the UNSC in its Resolution 2500 (2019) renewed its call upon States and regional organisations that are able to do so to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, called upon all States to cooperate in the investigation and prosecution of all persons responsible for or associated with such acts and recognised the successful prosecution of piracy cases by Seychelles.

(7)

In its Resolution 2500 (2019), the UNSC further expressed serious concern over reports of illegal, unreported and unregulated (IUU) fishing in Somalia's Exclusive Economic Zone and recognised that IUU fishing can contribute to destabilisation among coastal communities.

(8)

On 25 February 2020, Operation Agénor, the military component of the European-led Maritime Situation Awareness in the Strait of Hormuz (EMASOH) initiative, reached full operational capacity.

(9)

On 12 November 2020, the UNSC in its Resolution 2551 (2020) renewed the authorisations granted in its Resolution 2182 (2014) in order to ensure strict implementation of the arms embargo on Somalia and the ban on the import and export of Somali charcoal, and encouraged Atalanta to enhance its contribution to regional cooperation on responding to illicit maritime flows and disrupt all forms of trafficking in licit and illicit goods that may finance terrorist activities in Somalia.

(10)

The Strategic Review of Atalanta in 2020 led to the conclusion that the operation's mandate should be extended to 31 December 2022 and amended to introduce a secondary non-executive task of monitoring narcotic drugs trafficking, arms trafficking, IUU fishing and illicit trade in charcoal off the coast of Somalia.

(11)

The Strategic Review of Atalanta in 2020 also led to the conclusion that secondary executive tasks to counter drugs trafficking and weapons trafficking should be introduced in Atalanta's mandate, in accordance with the applicable legal framework, once defined. The Political and Security Committee agreed on 1 December 2020 that Atalanta will exercise those tasks and that the necessary arrangements will be defined in the planning documents for the operation.

(12)

Joint Action 2008/851/CFSP should be amended accordingly.

(13)

In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of operation Atalanta,

HAS ADOPTED THIS DECISION: