Croatia's Atalanta participation agreement approved
(BRUSSELS2) The 27 EU Foreign Ministers approved, on July 27, the cooperation framework with Croatia on its participation in the EU anti-piracy operation off the coast of Somalia (Atalanta). As we announced (read here), Croatia had, in fact, announced its desire to participate in the European maritime force. This agreement includes the classic provisions of this type of participation of a third State (*): submission of Croatian forces to the EU chain of command, exchange of classified information, clause of reciprocal waiver of compensation in the event of damage , determination of responsibility, costs of the operation (to be borne by Croatia), etc. This agreement mainly contains provisions allowing Croatia to take charge of the pirates. A not uninteresting provision when you know how many sailors the small Balkan state has engaged in the area, even boats flying its flag. It is therefore interesting to take a look at these provisions because of the procedure followed.
Methods of delivery to pirates
• All transfers are subject to an appropriate document signed by a representative of EUNAVFOR and Croatia.
• EUNAVFOR provides the detention file of any transferred person which includes certain information: reason for detention, date and place of start of detention, state of health, date of transfer to Croatian authorities)
• Croatia holds a “ precise list of all the persons transferred and of the property seized, the state of health of these persons, the location of their places of detention, the charges brought against them and all the important decisions taken within the framework of the proceedings instituted against them and of their trial, records kept available to the EU or EUNAVFOR.
• Croatia notifies EUNAVFOR of its intention to initiate criminal proceedings against any transferred person, as well as the planned timetable for the disclosure of evidence and the hearing of witnesses, in order to be able to obtain the testimonies of the members of Eunavfor.
• EUNAVFOR thus provides “ the necessary assistance to the Republic of Croatia for the transferred persons to be investigated and prosecuted. In particular, it hands over the detention files, the necessary evidence, the seized property, the testimonies or sworn statements of the EUNAVFOR personnel concerned..
• National and international humanitarian agencies are allowed to visit the transferred persons.
(*) The participation of non-EU member states in both civil and military operations of Defense Europe is now commonplace. Both for operational reasons (having various additional resources, cf. in Chad) or for political reasons (for certain States applying for membership, this is an opportunity to show their goodwill). Norway is already taking part in Operation Atalanta and the Switzerland could participate.
