Article 2
Contributing to implementation of the UN arms embargo on Libya
1.
EUNAVFOR MED IRINI shall, as its core task, contribute to the implementation of the UN arms embargo on Libya with aerial, satellite and maritime assets.
2.
For that purpose, EUNAVFOR MED IRINI shall gather extensive and comprehensive information on the trafficking of arms and related materiel from all directions and share it with relevant partners and agencies on a case-by-case and need-to-know basis through the mechanisms in the relevant planning documents in order to contribute to a full situational awareness in the Area of Operation and in the Area of Interest. Where such information is classified up to ‘SECRET UE/EU SECRET’ level, it may be exchanged with relevant partners and agencies in accordance with Council Decision 2013/488/EU (
1
) and based on arrangements concluded at the operational level in accordance with Article 14(9) of this Decision, and in full respect of the principles of reciprocity and inclusiveness. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements.
3.
In accordance with the relevant UNSCRs, in particular UNSCR 2292 (2016), and as required, EUNAVFOR MED IRINI shall carry out, in accordance with the arrangements set out in the planning documents, and within the agreed Area of Operation on the high seas off the coast of Libya, inspections of vessels bound to or from Libya where there are reasonable grounds to believe that such vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the arms embargo on Libya. EUNAVFOR MED IRINI shall take relevant action to seize and dispose of such items, including with a view to diverting such vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, in accordance with relevant UNSCRs including UNSCR 2292 (2016).
4.
EUNAVFOR MED IRINI shall report to the PSC on all issues and events related to such inspections. The PSC may consider any subsequent measures, as appropriate.
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5.
In view of the exceptional operational requirements, and upon invitation from a Member State, EUNAVFOR MED IRINI may divert vessels to ports of that Member State and dispose of arms and related materiel seized in accordance with paragraph 3, including by storage, destruction or transfer to a Member State or to a third party. The ports to which vessels may be diverted shall be designated in the Operations Plan.
The European Peace Facility Committee shall decide, on a proposal from the EU Operation Commander, on the final destination of seized arms and related materiel, including storage, destruction or transfer inside the Union. However, the transfer of seized items outside the Union, in accordance with UNSCR 2292 (2016), shall be decided, on a proposal from the EU Operation Commander, by the Political and Security Committee (PSC), unless a Member State requests that the matter be referred to the Council. Such transfer of seized items outside the Union shall respect the principles laid down in Council Common Position 2008/944/CFSP (
2
) and comply with applicable national rules and procedures on arms export controls; it shall be subject to any conditions and safeguards established by the PSC or by the Council respectively, taking due account of the procedures laid down in Council Decision (CFSP) 2021/509 (
3
), in particular the risk and safeguards methodology; and it shall not include military equipment, or platforms, designed to deliver lethal force.
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A Member State assisting EUNAVFOR MED IRINI in the disposal of seized arms and related materiel shall undertake, upon communication by EUNAVFOR MED IRINI of a certificate of seizure, to complete as swiftly as possible the procedures required to allow for the disposal of the seized items, within the framework of the applicable law and procedures. EUNAVFOR MED IRINI shall provide that Member State with a disposal certificate.
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The European Peace Facility shall bear the costs for storage and disposal of arms and related materiel seized by EUNAVFOR MED IRINI within its Area of Operations, including costs related to the necessary port services. The European Peace Facility shall also bear the costs for any financial liability resulting from the diversion of a vessel or from subsequent actions related to the transportation, storage and disposal of the seized items, except in cases of gross negligence or wilful misconduct by the Member State assisting in the disposal or by any of its agents. Any receipt accruing to a Member State from the disposal of seized arms and related materiel shall be transferred to the European Peace Facility, taking due account of the relevant national administrative or judicial procedures in that Member State.
EUNAVFOR MED IRINI, represented by the EU Operation Commander, may conclude with the relevant authorities of a Member State assisting in the diversion of a vessel or in the disposal of seized arms and related materiel an administrative arrangement for the implementation of this paragraph.
This paragraph shall apply to ongoing seizure and disposal proceedings.
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6.
In accordance with relevant UNSCRs, including UNSCR 2292 (2016), EUNAVFOR MED IRINI may, in particular in the course of inspections carried out in accordance with paragraph 3, collect and store evidence related to the carriage of items prohibited under the arms embargo on Libya. EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, personal data concerning persons involved in the carriage of such prohibited items related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex, place of residence, profession and whereabouts; driving licenses, identification documents and passport data. EUNAVFOR MED IRINI may transmit such data as well as data related to the vessels and equipment used by such persons, and the relevant information acquired while carrying out this core task, to the relevant law enforcement authorities of Member States and to competent Union bodies in accordance with applicable law.
Article 4
Capacity building and training of Libyan Coast Guard and Navy
1.
As a further secondary task, EUNAVFOR MED IRINI shall assist in the development of the capacities and in the training of the Libyan Coast Guard and Navy in law enforcement tasks at sea, in particular to prevent human smuggling and trafficking.
2.
The task referred to in paragraph 1 shall be carried out on the high seas in EUNAVFOR MED IRINI’s agreed Area of Operation. It may also be carried out in the territory, including the territorial waters, of Libya or of a host third State neighbouring Libya where the PSC so decides following an assessment by the Council on the basis of an invitation by Libya or the host State concerned, and in accordance with international law.
3.
In view of the exceptional operational requirements, part of the task referred to in paragraph 1 may be conducted in a Member State, upon invitation by that Member State, including in relevant training centres.
4.
For the purpose of the task referred to in paragraph 1, EUNAVFOR MED IRINI shall establish and operate a monitoring mechanism in close coordination with other relevant stakeholders, including where necessary in Libya.
5.
Insofar as required by the task referred to in paragraph 1, EUNAVFOR MED IRINI may collect, store and exchange with the relevant authorities of Member States, competent Union bodies, the UN Support Mission in Libya, INTERPOL, the International Criminal Court and the United States of America the information, including personal data, gathered for the purpose of the vetting procedures on possible trainees, provided that they have given their consent in writing. Moreover, EUNAVFOR MED IRINI may collect and store necessary medical information and biometric data on trainees provided that they have given their consent in writing.
Article 8
Political control and strategic direction
1.
Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUNAVFOR MED IRINI.
2.
The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council.
3.
Notwithstanding the period set out in Article 15(2), the authorisation of the operation shall be reconfirmed every four months. The PSC shall prolong the operation unless the deployment of maritime assets of the operation produces a pull effect on migration on the basis of substantiated evidence gathered according to the criteria set in the Operations Plan.
4.
The Operation Commander shall report regularly on the conduct of the operation, including its impact in the Area of Operation. In accordance with Article 38 TEU, the PSC may at any time, upon a request from the HR or a Member State, give direction to the Operation Commander on the deployment of assets.
5.
The PSC shall report to the Council at regular intervals.
6.
The Chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUNAVFOR MED IRINI. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
Article 10
Consistency of the Union’s response and coordination
1.
The HR shall ensure the implementation of this Decision and its consistency with the Union’s external action as a whole, including the Union’s development programmes and its humanitarian assistance.
2.
The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the UN, the authorities of the countries in the region, and other international and bilateral actors, including NATO, the African Union and the League of Arab States.
3.
EUNAVFOR MED IRINI shall cooperate with the relevant Member State authorities and shall establish a coordination mechanism, and, as appropriate, conclude arrangements with other Union agencies and bodies, in particular Frontex, EUROPOL, EUROJUST, the European Asylum Support Office, the European Union Satellite Centre (SATCEN) and relevant CSDP missions.
4.
EUNAVFOR MED IRINI shall host a Crime Information Cell (CIC) composed of staff of relevant law enforcement authorities of Member States and of Union agencies referred to in paragraph 3, in order to facilitate the receipt, collection and transmission of information, including personal data, on the arms embargo on Libya as referred to in Article 2, on illegal exports from Libya of petroleum as referred to in Article 3, and on human smuggling and trafficking as referred to in Article 5, as well as crimes relevant to the security of the operation.
5.
The processing of personal data in this context shall be carried out in accordance with the law of the flag State of the vessel on which the CIC is located and, with respect to staff of Union agencies, in accordance with the legal framework applicable to the respective agencies.
6.
EUNAVFOR MED IRINI shall be supported by SATCEN and the European Union Intelligence and Situation Centre (INTCEN) in gathering information as necessary to fulfil its tasks.
Article 11
Participation by third States
1.
Without prejudice to the Union’s decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.
2.
The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC.
3.
Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU. Where the Union and a third State have concluded an agreement establishing a framework for the latter’s participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUNAVFOR MED IRINI.
4.
Third States making significant military contributions to EUNAVFOR MED IRINI shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
5.
The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
Article 14
1.
The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI and in full respect of the principles of reciprocity and inclusiveness, any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (
4
). The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned.
2.
The HR shall be authorised to release to designated third States and the International Criminal Court, as appropriate and in accordance with the operational needs of EUNAVFOR MED IRINI, and in full respect of the principles of reciprocity and inclusiveness, EU classified information generated for the purposes of the operation, in accordance with Decision 2013/488/EU, as follows:
(a)
up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or
(b)
up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases.
The PSC, provided that these conditions are met, shall designate on a case-by-case basis the third States concerned.
3.
Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements.
4.
The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED IRINI, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU.
5.
The HR shall be authorised to release to INTERPOL relevant information, including personal data, in accordance with the operational needs of EUNAVFOR MED IRINI.
6.
Pending the conclusion of an agreement between the Union and INTERPOL, EUNAVFOR MED IRINI may exchange such information with the National Central Bureaux of INTERPOL of the Member States, in accordance with arrangements to be concluded between the EU Operation Commander and the Head of the relevant National Central Bureau.
7.
In the event of specific operational need, the HR shall be authorised, following approval by the PSC, to release to legitimate Libyan authorities any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUNAVFOR MED IRINI, in accordance with Decision 2013/488/EU.
8.
The HR shall be authorised to conclude the arrangements necessary to implement the provisions on information exchange in this Decision.
9.
The HR may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this Decision to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU.
10.
EUNAVFOR MED IRINI shall transmit without delay to the UN, in accordance with UNSCR 2509 (2020), the information gathered on suspected incidents of non-compliance with the UN arms embargo on Libya as provided in UNSCR 1970 (2011) and subsequent Resolutions, in particular UNSCRs 2292 (2016) and 2473 (2019), as well as the information gathered on suspected incidents of non-compliance with the UN measures to prevent illicit exports of petroleum from Libya as provided in UNSCR 2146 (2014) and subsequent Resolutions.
