Date: 2023-08-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2023/1614 of 10 July 2023 on the signing and conclusion on behalf of the Union of an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Seychelles to facilitate the transfer by a Member State of the European Union of persons arrested and detained under its national law for participating, off the coast of Somalia, in violation of the United Nations arms embargo on Somalia or in narcotic drugs trafficking
Executive Summary:
This Council Decision CFSP 2023/1614 approves an agreement between the European Union and the Republic of Seychelles to facilitate the transfer of individuals arrested and detained by an EU Member State for violating the UN arms embargo on Somalia or engaging in drug trafficking off the Somali coast. The agreement was negotiated following authorization by the Council on May 20, 2021. The decision was adopted on July 10, 2023, and enters into force on the same date.
Key Points / Main Content:
* **Agreement Approval:**
* The agreement between the EU and the Republic of Seychelles is approved on behalf of the Union.
* The agreement facilitates the transfer of individuals arrested for violating the UN arms embargo on Somalia or engaging in narcotic drugs trafficking off the coast of Somalia.
* **Authorization to Sign:**
* The President of the Council is authorized to designate individuals empowered to sign the agreement, binding the Union.
* **Context and Background:**
* The EU military operation Atalanta's mandate was extended to December 31, 2022, and expanded to include contributing to the UN arms embargo on Somalia and countering narcotic drugs trafficking.
* Agreements with third states may be concluded to facilitate the transfer of individuals arrested for violations related to the UN arms embargo on Somalia or narcotic drugs trafficking, ensuring adherence to international human rights law.
* Atalanta was renamed EUNAVFOR ATALANTA, and its mandate was extended until December 31, 2024, contributing to maritime security in the West Indian Ocean and the Red Sea.
Impact Analysis:
European Union:
* Impact: The EU is now party to an agreement that facilitates the transfer of individuals arrested for specific crimes, supporting the EU's efforts to combat piracy, arms trafficking, and drug trafficking off the coast of Somalia.
* Action Required: The President of the Council needs to designate the persons empowered to sign the Agreement in order to bind the Union.
Republic of Seychelles:
* Impact: The Republic of Seychelles is now party to an agreement allowing the transfer of individuals arrested by EU member states.
* Action Required: Ensure compliance with the terms of the agreement regarding the treatment and prosecution of transferred individuals, consistent with international law and human rights standards.
EU Member States:
* Impact: EU Member States have a mechanism to transfer individuals arrested for specific crimes to the Republic of Seychelles.
* Action Required: Follow the procedures outlined in the agreement when transferring individuals, ensuring compliance with international law and human rights standards.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Seychelles: An island country and archipelago in the Indian Ocean.
Somalia: A country in the Horn of Africa, relevant due to the United Nations arms embargo and narcotic drugs trafficking off its coast.
United Nations: An intergovernmental organization aiming to maintain international peace and security.
Treaty on European Union: One of the primary treaties of the European Union, laying the foundation for its structure and objectives.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the Union.
Council Decision CFSP 2023/1614: A Council Decision of the European Union concerning an agreement with the Republic of Seychelles.
EUNAVFOR ATALANTA: A European Union military operation to contribute to maritime security in the West Indian Ocean and the Red Sea.
9.8.2023 EN Official Journal of the European Union L 199/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (CFSP) 2023/1614
of 10 July 2023
on the signing and conclusion on behalf of the Union of an Agreement in the form of an Exchange of
Letters between the European Union and the Republic of Seychelles to facilitate the transfer by a
Member State of the European Union of persons arrested and detained under its national law for
participating, off the coast of Somalia, in violation of the United Nations arms embargo on Somalia
or in narcotic drugs trafficking
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5)
and (6) of the Treaty on the Functioning of the European Union,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 22 December 2020, the Council by Decision (CFSP) 2020/2188(1) extended the European Union military
operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the
Somali coast (Atalanta), established under Council Joint Action 2008/851/CFSP(2), to 31 December 2022 and
expanded its mandate to the two secondary executive tasks of contributing to the implementation of the United
Nations arms embargo on Somalia and to countering narcotic drugs trafficking off the coast of Somalia.
(2) Joint Action 2008/851/CFSP provides that agreements may be concluded with third States, on the basis of
authorisations granted on a case-by-case basis by the Council, to facilitate the transfer by a Member State of persons
arrested and detained under its national law for participating in violations of the United Nations arms embargo on
Somalia or in narcotic drugs trafficking off the coast of Somalia, with a view to the prosecution of such persons.
Such agreements are to include conditions for the transfer of such persons consistent with relevant international
law, notably international law on human rights, in order to guarantee in particular that the persons concerned are
not to be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.
(3) On 20 May 2021, the Council adopted a Decision to authorise the High Representative of the Union for Foreign
Affairs and Security Policy to open negotiations with the Republic of Seychelles with a view to the conclusion of an
agreement to facilitate the transfer by a Member State of persons arrested and detained under its national law for
participating in violations of the United Nations arms embargo on Somalia or in narcotic drugs trafficking off the
coast of Somalia.
(1) 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
(OJ L 435, 23.12.2020, p. 74).
(2) Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to maritime
security in the West Indian Ocean and in the Red Sea (EUNAVFOR ATALANTA) (OJ L 301, 12.11.2008, p. 33).L 199/2 EN Official Journal of the European Union 9.8.2023
(4) On 12 December 2022, the Council by Decision (CFSP) 2022/2441(3) renamed Atalanta as ‘EUNAVFOR
ATALANTA’, extended its mandate until 31 December 2024 and decided that, while exercising its tasks, it is to
contribute to maritime security in the West Indian Ocean and the Red Sea.
(5) An agreement has been negotiated between the Union and the Republic of Seychelles on the basis of the
authorisation granted by the Council on 20 May 2021.
(6) The agreement between the Union and the Republic of Seychelles should be approved on behalf of the Union,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Seychelles to
facilitate the transfer by a Member State of the European Union of persons arrested and detained under its national law for
participating, off the coast of Somalia, in violation of the United Nations arms embargo on Somalia or in narcotic drugs
trafficking (the ‘Agreement’) is hereby approved on behalf of the Union(4).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to
bind the Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 10 July 2023.
For the Council
The President
P. NAVARRO RÍOS
(3) Council Decision (CFSP) 2022/2441 of 12 December 2022 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
(OJ L 319, 13.12.2022, p. 80).
(4) See page 3 of this Official Journal.