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An agreement between the EU and Oman in preparation on the fight against piracy

(BRUSSELS2) The ambassadors of the 27 have finalized a text enabling the High Representative to open negotiations with the Sultanate of Oman. Text approved by European Affairs Ministers on 11 October. The objective is to allow the transit and stationing of EUNAVFOR reconnaissance and maritime patrol aircraft in the small Persian Gulf state.

According to the information gathered, the agreement should ratify certain principles described in the negotiating mandate.

The Sultanate of Oman accepts "transit over its territory and the use of Thumrait airport by EUNAVFOR reconnaissance and maritime patrol aircraft ».

Aircraft and crew members are granted a special legal status: exemption from visa provisions for crew members, exemption from all customs duties for items intended for the operation, tax exemption for goods purchased, services provided and facilities used by EUNAVFOR for the purposes of the operation, immunity from jurisdiction for aircraft, which may also not be subject to any search, requisition, seizure or execution measure, immunity from criminal jurisdiction for crew members who may not be subject to any form of arrest or detention.

Claims for compensation for liability (damage or loss of property of civilians or of the Host State, death or injury of a person and damage or loss of property belonging to EUNAVFOR) are settled in principle "at amicable” and failing that, it is the subject of “consultation through diplomatic channels between the EU and the host State”.

Oman should also allow the presence of individual weapons on board aircraft during transit or while in the territory.

Fairly standard provisions similar to what is found in the SOFA agreements for the protection of troops employed by the European Union in external operations. But which would have a certain advantage: to be able to better cover the eastern flank of the Gulf of Aden, in addition to the Indian patrol planes which are rather on the eastern Indian Ocean. The western flank of the Oéan is covered by planes based in Djibouti, the southern flank by planes based in the Seychelles (with a stopover in Kenya). The agreement with Oman therefore has a significant strategic dimension. It would also have the characteristic of a first for the European Union.

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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