The European Union is currently working on a possible expansion to the tasks of Operation Atalanta, which combats piracy off the Somali coast. On 17 October, the Ambassadors of the Political and Security Committee therefore submitted a request to the Politico-Military Group to provide recommendations on the scope and methods of the two new secondary executive tasks of combating drug and arms trafficking with a view to including them in the operational mandate.
According to a document obtained by EUROPE dated 27 November, the EU Council’s Politico-Military Group (PMG) recommends introducing these new tasks through a Council Decision amending Joint Action 2008/851/CFSP “by 31 December 2020” and in the Operational Plan (OPLAN) “as soon as possible”.
As for the PMG, the operation could assist with compliance with the UN arms embargo on Somalia, which runs until 15 November 2021, “namely with regard to inspecting, seizing, registering and disposal”. The information that is collected on the seized weapons should be shared with the United Nations.
The group specifies that other measures, such as the arrest, detention and prosecution of those involved in embargo violations, should be taken by volunteer Member States once their vessels have withdrawn from the operation.
As for the fight against drug trafficking, and as set out in the OPLAN, if explicitly authorised by the flag State of the suspect vessel, Atalanta could board the vessel, search for drugs and, if evidence of illicit trafficking is found, take appropriate action against both the vessel and the on-board cargo. If the vessels do not fly a flag, the operation would take action – including boarding and searching – only through the means made available by those Member States who have not expressed reservations in this respect, and in accordance with national and international law as implemented in the framework of their respective national position.
Other measures, such as the seizure of drugs, hijacking of vessels, arrest, detention and prosecution of people involved in drug trafficking, should be undertaken by volunteer Member States once their vessels have withdrawn from the operation and on the basis of their national law.
As for the politico-military group, irrespective of whether it is about arms or drugs, the transfer to a non-Member State of people involved with a view to their prosecution should be carried out by volunteer Member States on the basis of bilateral agreements with that non-Member State. According to the PMG, the European External Action Service is committed to engaging with the Seychelles on this issue. (Original version in French by Camille-Cerise Gessant)