Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:

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^f1.

On 8 December 2009 and on 30 July 2010 respectively, the Council adopted Decision 2009/907/CFSP^f2 and Decision 2010/437/CFSP^f3 amending Joint Action 2008/851/CFSP.

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.

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

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

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.

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.

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

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

HAS ADOPTED THIS DECISION: