Atalanta's mandate brought into line with judicial practice
The decision to renew the European anti-piracy mission Atalanta has already been taken (1). And the extension of its area of action is already in force (2). The new period that is opening should be accompanied by an additional modification: a slight extension, or rather rectification of its mandate, in particular to enable it to work better in the area of police and justice. Decision recorded by the ministers of the 27 at the Council of Ministers for the Economy and Finance, on 7 December. It can be noted that, in most cases, the forces of Eunavfor have, in fact, already extended their mandate. This is a compliance. rather than a new mandate in itself.
Extended warrant to search for hackers intending to commit an act
Thus, in Atalanta's mandate, it is now specified that European forces may "with a view to the possible exercise of legal proceedings by the competent States (...) apprehend, detain and transfer persons suspected of intending (within the meaning of Articles 101 and 103 of the United Nations Convention on the Law of the Sea), commit, principal or having committed acts of piracy or armed robbery in the areas where it is present and seize the ships of pirates or armed robbers or ships captured as a result of an act of piracy or armed robbery and which are in the hands of pirates as well as the property on board;". What is thus new is the possibility of arresting simple suspects intending to commit as well as acting in flagrante delicto. here she had a mandate only a posteriori to be able to arrest ... "persons having committed or suspected of having committed".
A similar amendment is made to section 12 to allow for the transfer of persons who intend to commit an act.
Extended warrant to search for hackers intending to commit an act
Atlanta's mandate includes two new points:
• The collection of biometric data: the “collects, in accordance with applicable law, data concerning (suspects) relating to characteristics likely to facilitate their identification, in particular fingerprints » (a much-needed compliance for legal proceedings, a court hearing having been able to intervene thanks to these fingerprints (3)).
• The transmission of personal data to Interpol: “ for dissemination through the channels of the International Criminal Police Organization (INTERPOL) and verification against the latter's databases, (the forces of Atransmits to the INTERPOL National Central Bureau located in the Member State where the Operation Headquarters is based, depending on the arrangements to be made between the Operation Commander and the Head of the INTERPOL National Central Bureau, the following data:
- personal data concerning the persons referred to in point e) relating to characteristics likely to facilitate their identification, in particular fingerprints, as well as the following information, to the exclusion of other personal data: names , maiden name, given names and any pseudonyms or assumed names; date and place of birth and nationality; the sex, place of residence, profession and location of the data subject; driving licenses, identity documents and passport data. Atalanta does not retain such personal data after it has been transmitted to INTERPOL;
- data relating to the equipment used by the persons concerned »
Communication of information to CTF 151 and other maritime forces in the area
So far the HR was only authorized to communicate classified or unclassified documents to the “United Nations and other third parties associated with the joint action”. Now she will also be able to communicate EU classified information and documents established for the purpose of EU operation at EU RESTREINT level »
- to the Combined Maritime Forces led by the United States, through their headquarters, (NB: CTF 151 or even CTF 150)
- as well as to third States which do not participate in these forces and to international organizations present in the area of the operation,
under four conditions: “1) based on reciprocity, 2) when such communication at the theater level is necessary for operational reasons, 3) in accordance with Council security regulations and 4) subject to the arrangements made between the HR and the competent authorities of the aforementioned third parties »
This provision makes it possible to overcome the problems posed by the Turkish-Cypriot conflict which weigh on cooperation between the EU and NATO. Turkey is indeed participating in CTF 151. And the mention of international organizations present in the area could concern NATO.
Read also:
(1) The 27 will decide to prolong and expand the Atalanta operation
(2) The Atalanta operation authorized to extend its area of action. The law meets reality
