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Both agreements (Sofa, Pirates) with Seychelles approved by EU

(BRUXELLES2) Finally the 27 will have been faster than announced. Both agreements with the Seychelles - SOFA - status of forces and exchange of letters for the transfer of pirates (read terms and conditions) - were adopted in the process, without debate, this Friday, at the Council of Ministers of Justice and Home Affairs meeting in Luxembourg (in "point A"). In particular, they will allow the European anti-piracy forces "Eunavor Atalanta", whatever the nationality of the ship concerned (1), to transfer and have the Seychelles authorities try suspects apprehended in the waters of the archipelago (or if a Seychellois was targeted by the attack).

The texts had, in fact, already been endorsed by the two parties concerned.. On the EU side, they had been examined on several occasions during the months of September and October by experts from the external relations group. The stamp "good for approval" had been put, in a political way, by the ambassadors of the 27, in meeting on October 22 (the point had been added to the agenda of Coreper in extremis). There was therefore no need to wait three more days for the meeting of Foreign Ministers. As is customary, in fact, at European Union level, any text already endorsed, which does not merit further discussion (or a more solemn momentum politically), can be adopted at any meeting of the Council, regardless of the composition of the ministerial delegation (even by written procedure, if no Council meeting is scheduled).

The acceleration of pirate attacks forced to find a legal, rational solution, quickly, to deal with the possible arrest of suspects. Just as it became necessary to formally “regularize” the presence of “Atalanta” forces (land, sea, air) in the archipelago.

(1) The Norwegian vessel or any other vessel or team that is not part of the EU but is an integral part of Operation Atalanta can therefore benefit from this agreement. On the other hand, a vessel from an EU Member State which is under NATO or CTF 151 flag or under national flag cannot (theoretically) benefit from it. He could then change his flag and take that of Atalanta when the pirates are captured (this change of flag should normally take place before the seizure of the pirates).

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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