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Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

  1. On 14 November 2011, the Council adopted a Strategic Framework for the Horn of Africa to guide the EU’s engagement in the region.

  2. On 8 December 2011, the Council adopted Decision 2011/819/CFSP(1) appointing a European Union Special Representative for the Horn of Africa.

  3. On 16 December 2011, the Council agreed on the Crisis Management Concept for the Regional Maritime Capacity Building Mission.

  4. On 23 March 2012, the Council adopted Decision 2012/173/CFSP(2) activating the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa.

  5. The Governments of Djibouti, Kenya and the Seychelles, and the Transitional Federal Government of Somalia have welcomed the deployment of the Mission in their countries.

  6. On 18 June 2007, the Council approved the Guidelines for Command and Control Structure for the EU Civilian Operations in Crisis Management.

  7. The Watch-Keeping Capability should be activated for the Mission established by this Decision.

  8. The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union (TEU),

HAS ADOPTED THIS DECISION:

Article 1 Mission

The Union hereby establishes a Regional Maritime Capacity Building Mission in the Horn of Africa (EUCAP NESTOR).

Article 2 Mission Statement

EUCAP NESTOR is to assist countries in the Horn of Africa and the Western Indian Ocean in strengthening their maritime security capacity in order to enable them to fight piracy more effectively. EUCAP NESTOR will have primary focus on Somalia, and a secondary focus on Djibouti, the Seychelles and Tanzania.

Article 3 Objectives and tasks

1.

In order to achieve the Mission Statement set out in Article 2, EUCAP NESTOR shall:

  1. enhance the capacity of the States mentioned in Article 2 to exert effective maritime governance over their coastline, internal waters, territorial seas and exclusive economic zones;

  2. support these States in taking ownership of the fight against piracy in accordance with the rule of law and human rights standards;

  3. strengthen regional cooperation and coordination of maritime security;

  4. make a targeted and specific contribution to ongoing international efforts.

2.

To achieve the objectives, EUCAP NESTOR shall operate in accordance with the lines of operation and tasks set out in the operational planning documents approved by the Council.

3.

EUCAP NESTOR shall not carry out any executive function.

Article 4 Chain of command and structure

1.

EUCAP NESTOR shall have a unified chain of command as a crisis management operation.

2.

EUCAP NESTOR shall be structured in accordance with its planning documents.

Article 5 Civilian Operation Commander

Article 6 Head of Mission

Article 7 Staff

Article 8 Status of EUCAP NESTOR and of its staff

Article 9 Political control and strategic direction

Article 10 Participation of third States

Article 11 Security

Article 12 Watch-Keeping Capability

Article 12a Legal arrangements

Article 13 Financial arrangements

Article 13a Project Cell

Article 14 Consistency of the Union’s response and coordination

Article 15 Release of information and documents

Article 16 Entry into force and duration