General Information

The Somali pirates are back (SPOILER ALERT: they never really left)

A pirate with a full beard makes an ironic salute as I walk towards him across the red gravel of the prison yard in Garowe, the capital of the Somali region of Puntland. His fellow prisoners turn away in disgust or yell curses at me through the bars.

“We hate you. It’s your fault that we are sitting here like animals in a cage. It’s humiliating that white men always come and take photos of us and repeat the same stupid questions,” scoffs the pirates’ spokesman, Abdi Mahad.

There are 47 ex-pirates locked up in Garowe, most of them serving decades-long sentences. According to the prison warden, only the lowest ranking pirates are doing time in the EU-funded facility, along with soldiers from the jihadist insurgent group al-Shabab, petty cattle thieves, and domestic abusers.

This is what the flagship of Western engagement looks like up close: 47 luckless men behind bars on a rocky plateau in a country tested by drought and instability.

But the fight against piracy has produced results. To protect the shipping lanes through the Gulf of Aden, the international powers sent warships and the EU trained the Somali coast guard. At piracy’s peak in 2010-13, more than 100 ships were being hijacked per year and millions of dollars paid in ransom. In 2015 and most of 2016 there were no successful hijackings.

The EU’s Operation Atalanta is still patrolling the Gulf of Aden alongside the Indian, Russian, and Chinese navies. But NATO’s vessels left for other hot spots in December last year, and the pressure on the pirates has decreased considerably. 

As a result, the attacks have begun again. At least five ships have been hijacked off the coast of Somalia this year, among them the oil tanker Aris 13 and a fishing vessel, which was transformed into a so-called mother ship from where new hijackings can be orchestrated.

Piracy’s money capital

Puntland, a rugged province at the tip of the Horn of Africa, is where piracy began; it’s also from here that several of the recent attacks have been launched.

Puntland is an autonomous region, slightly better off than the rest of Somalia, but it still suffers from chronic poverty and insecurity. It is where so-called Islamic State has established a toehold, and is also a base for al-Shabab. Every week there are assassinations, ambushes, and suicide attacks. 

Garowe, 200 kilometres from the coast, houses the region’s politicians and business elite. Lots of investment in the pirate industry has come from the wealthy in this city. The evidence is in the skyline: the unmistakable Holy Day hotel for example, shaped like the hull of a ship, is owned by a famous pirate who has now transformed it into apartments.

In front of another of the city’s hotels waits a 10-metre-long pink limousine. Ali Ahmed rents it out for $50 an hour and says there was a great demand for it during the heyday of piracy. Now it’s only in use a couple of times a month, mostly for weddings. One of the front wheels is flat.

Garowe is a surprisingly cosmopolitan city. There are electricians from India, Pakistani construction workers, Kenyan chefs, Ugandan receptionists, tattooed South African security guards, and several Somalis who have returned from distant places like Stockholm, Melbourne, and Minnesota. 

People walking in the streets are not armed. Money is still being laundered, but the criminals have become more discreet. The notorious arms dealer Gaagaale – “he who stutters” – no longer has a shed down by the roundabout. You can, however, still buy Makarov pistols from him for $1,600 or a Kalashnikov for $1,400 if you know someone who has his number. Apparently, my Danish-Somali guide does.

The criminal networks

We drive to the Puntland Development Research Center, a respected NGO, to find out how the pirates have made a comeback after seemingly being reduced to a problem of the past.

“Their access to ships was blocked, but the criminal networks prevailed. Therefore, they have resumed the attacks now that the world seems to have forgotten about them again,” explains Abdinasir Yusuf, who has been researching piracy and criminal networks in Somalia for 10 years. 

“Only the increased number of guards on the ships means that the scale of piracy is smaller this time around.”

The first pirates were fishermen who attacked ships that exploited the lawlessness of Somalia to trawl the sea for fish and dump toxic waste. But Yusuf believes this romantic depiction has long lost its truth.

“It’s not about fish. It’s cynical opportunism. Criminals do what they can get away with – not what they can make a moral case for,” he notes.

“The same organised criminals who run the piracy network have committed a lot of other crimes as well.”

He tells me about a Somali awareness campaign, which the head of the research centre, Ali Farah Ali, participated in together with the aldermen, imams, and clan leaders.

“They … challenged the local mafia by presenting real arguments against the benefits of being recruited as a pirate. They are the pirate conflict’s unsung heroes. Unlike many Western-led awareness campaigns, they were both matter-of-fact and unpretentious,” Yusuf says. 

The director himself says he showed illiterate young men in the coastal cities videos of how pirate ships were blown up and statistics proving how few pirates actually struck it rich.

Alternatives?

These kinds of initiatives have helped stigmatise piracy. There is evidence of this everywhere in Garowe. Some semi-completed palaces are rapidly turning into dilapidated ruins because nobody wanted to buy them from the pirates when they ran out of money.

Most local businessmen now oppose them. One of them is 32-year-old Ahmed Jama Jowle who earned his money selling used cars and office furniture. Three years ago he opened Classic Stadium, an astroturfed arena. “I wanted to give youngsters an alternative to joining up with the pirates,” he explains.

It’s evening and the floodlights illuminate a Ramadan Cup game. The quality of the football is quite good – Garowe has won the Somali championship. But only a few, if any, of the boys will be able make a living playing soccer; several of them tell you that nine out of 10 of their friends are unemployed. 

Piracy may have taken a hit, but according to the think tanks OEF Research, Oceans Beyond Piracy, and Secure Fisheries, new business models are being developed by its entrepreneurial leaders – including people smuggling and arms smuggling.

“Pirates have been smuggling migrants for a long time,” one of the main authors of the report, Ben Lawellin, explains in an email. “It has helped them stay afloat while the piracy was at a low point, and the practice has helped finance the recent attacks.”

On the outskirts of Garowe is a large camp for refugees and internally displaced persons. “We call it Washington because the tall solar cell lampposts resemble skyscrapers at night from a distance,” laughs 20-year-old cook Idil Ghalbi. She is sitting in front of a small restaurant with walls of milk cartons, together with some women who are also Somalis born in Ethiopia. 

They have fled the unrelenting clan wars of the border region and a drought that has left over six million Somalis in need of emergency aid. On her way from the border to Garowe, she was forced to pay (all told) the equivalent of $1,800 to unknown gunmen at the countless roadblocks.  

Out of Puntland

Two of Africa’s largest migrant routes run through Puntland up to the region’s big northern port city of Bosaso. One goes from there by boat to Yemen and on to the Gulf States, the other via Sudan and Libya to Europe.

It’s estimated that each migrant on these routes pays smugglers around $10,000. Usually the amount is only due near the end of the journey, but the stories of abuse and extortion en route are legion and shocking.

A spokesperson for the ‘Washington’ camp estimates that each month about 100 people quietly leave. They rarely talk about their plans, since it’s forbidden to migrate, which only increases the opportunities for smugglers to take advantage. 

A year ago, Abdikadir Mohamud Barre left Kismayo in southern Somalia with the intention of reaching Europe, since it was only al-Shabab that could offer him a steady job. The 23-year-old was arrested in Ethiopia and sent to the jail in Garowe, where the pirates also serve time. 

His journey started when he was asked by someone he was chewing khat (a mildly narcotic leaf heavily used across the region) with whether he wanted to migrate. His answer was “yes”. Then they called some local smugglers who arranged everything and told him precisely what to do. He never met the smuggler bosses.

“But there were Somalis along the entire smuggler route and many of them looked like hardcore criminals – whether some of them were pirates, I don’t know,” he says. 

We are interrupted by a malnourished cat throwing itself against the plastic window in the prison’s living room. “Everyone wants to leave, as you can see. I’ll try again as soon as I am released.” 

The criminal networks are difficult to map because most people with access to first-hand information about their methods work for the intelligence agencies and rarely give interviews. But through a common acquaintance I convince one to make an exception.

He is Somali, does freelance consultancy for foreign intelligence services, and has just completed several months of fieldwork among Puntland’s migrant smugglers.

We meet on the roof terrace of my hotel. A minaret calls to evening prayer, and the street below us is full of children playing, and bleating goats. I’m allowed to read an excerpt from his report, in which a number of confirmed migrant smugglers are mentioned by name. 

“It was not the focus of the report, but I found out that several pirate moneymen have become rich off of the migrant smuggling,” he says. 

“One of them is a police officer. He told me that he has earned a great deal of money on migrant smuggling. He claimed not to be active anymore, but several other smugglers said he was. According to the police officer and the other smugglers, the pirate bosses and their networks play a major role in both the smuggling of weapons and human beings.”

The consultant explains that there are no clear boundaries between the criminal networks based on the type of crime they commit. “Instead, they are separated from each other based on which regions they operate from,” he says.

“The same boats often smuggle migrants to Yemen and weapons the other way. Those who are based east of Bosaso are focused on selling weapons to Islamic State – those west of Bosaso typically sell to al-Shabab.”

It is easier for the terrorist groups to work together with the smugglers than to do the smuggling themselves. And it makes sense for former pirates to invest in any type of ship-borne smuggling.

“It is a big logistical operation to transport, house, and feed migrants who do not pay in advance. The moneymen behind the pirates and their network of business people from the same clan have this money,” the consultant says.

“And they needed something to invest in after it became difficult to hijack ships in Puntland around 2012 because of all the foreign warships and guards on the ships.”

Friends in high places

Puntland’s smuggling gangs collaborate not only with pirates and terrorists, but also with some of the region’s politicians. These politicians are dependent on shady arms deals because the UN has had an arms embargo placed on Somalia since 1992. 

Each year, a UN monitoring group produces a detailed report on how effectively the embargo is enforced, and the report is always full of exciting details about Somalia’s organised criminals. The latest report from October deals with, among others, the pirate boss Isse Mohamoud Yusuf ‘Yullux’s’ relationships with politicians, weapons smugglers, and Islamists.

It was Yullux who kidnapped a Danish yachting family from Kalundborg in 2011. Yullux’s orange henna-bearded cousin, Sheikh Abdulqader Mumin, leads IS in Somalia, which is part of the so-called Qandala-Hafun network. 

Among the network’s well-known political friends in Puntland is a former minister of fisheries and the governor of the Bari region from 2011-15. According to the report, a representative of the network transfers $4,000 per month to an account in the Puntland Treasury Department for each illegal foreign fishing vessel once more bottom trawling off the coast, with former pirates employed as private security guards. 

Jonnah Leff, who has researched Somali smuggling networks for Conflict Armament Research since 2013, confirms by email that Puntland’s government is most likely still using these smugglers to provide weapons for their soldiers: “It’s systemic. It’s also why the smugglers are able to continue operating with impunity. They’re all related by clan.”

One of the most prominent critics of the links between pirates, politicians, smugglers, and extremists is Abdirizak Dirir ‘Duaysane’.  He founded Puntland’s anti-piracy unit in 2010 and until recently he led it with considerable success. From May 2012 to this year, no pirate was paid a ransom fee in Puntland. 

According to Duaysane, piracy has returned because Iranian, Yemeni, and Asian trawlers have impunity. They need to be stopped, or even more angry fishermen will join the ranks of the pirates, Duaysane warned in an interview with BBC Somalia in March this year. That same evening, he was fired. 

“The government of Puntland is systematically collaborating with pirates and illegal bottom trawlers,” Duaysane told me when I met him at the extravagant Laico Regency Hotel in Kenya’s capital, Nairobi. “They do not fight maritime crime, but are accomplices to it.” 

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TOP PHOTO: Convicted pirates in Garowe jail. CREDIT: Frederik Østerby

General Market

Motion for a resolution on the European Parliament’s priorities for the Commission Work Programme 2018 – B8-2017-0435

The European Parliament,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission, in particular Annex IV thereto,

–  having regard to the Interinstitutional Agreement on Better Law-Making of 13 April 2016,

–  having regard to the Joint Declaration on the EU’s legislative priorities for 2017 of 13 December 2016,

–  having regard to the Conference of Committee Chairs’ Summary Report, which provides complementary input to this resolution from the point of view of parliamentary committees and which the Commission should take duly into account when drafting and adopting its Work Programme for 2018,

–  having regard to Rule 37(3) of its Rules of Procedure,

A.  whereas the role of the Commission is to promote the general interest of the Union, to take appropriate initiatives to that end, to be committed to applying the rule of law, which is based on the core European values and is fundamental to Europeans living together in peace, to exercise coordinating, executive and management functions, and to initiate legislation;

B.  whereas the Commission has a duty to uphold the Treaties and enforce EU laws; noting with strong regret that both the implementation of EU policies and the enforcement of EU laws and rules are weak, as has become visible in areas such as environmental standards, fundamental rights and the rule of law, free movement of persons, and the Schengen area; whereas the Commission should make implementation and enforcement a top priority in 2017-2018;

AN AREA OF JUSTICE AND FUNDAMENTAL RIGHTS BASED ON MUTUAL TRUST

Justice

1.  Calls once again on the Commission to put forward a legislative proposal on EU administrative law which will guarantee an open, efficient and independent European administration, and to take due account of Parliament’s proposal for an EU regulation in this regard;

2.  Calls on the Commission to take into account concerns over access to and ownership of data in its work on Building the European Data Economy and related liability issues for intermediary service providers and other online platforms in order to ensure legal certainty, increase consumer trust and ensure full compliance with citizens’ rights to privacy and full protection of personal data in the digital environment;

Security

3.  Calls on the Commission to ensure the efficient and coordinated implementation of the European Agenda on Security for the 2015-2020 period and its priorities in the fields of counter-terrorism and cross-border organised crime and cybercrime, focusing on effective security outcomes; reiterates its call for an in-depth evaluation focused on the operational effectiveness of relevant existing EU instruments and on the remaining gaps in this field, prior to the presentation of new legislative proposals as part of the European Agenda on Security; deplores, in this regard, the continued and systematic absence of impact assessments on several proposals presented as part of that agenda;

4.  Calls on the Commission to seek to adopt legal acts amending or replacing the Union acts in the field of police cooperation and judicial cooperation in criminal matters that were adopted before the entry into force of the Treaty of Lisbon, in particular Council Decision 2005/671/JHA and Council Framework Decision 2006/960/JHA on the exchange of information and intelligence between law enforcement authorities, including the exchange of information on terrorist offences, by proposing a horizontal legislative instrument to improve the exchange of law enforcement information and increase operational cooperation between Member States and with EU agencies, with a view to ensuring mandatory exchanges of information for the purpose of combating serious transnational crime;

5.  Calls on the Commission to submit without undue delay an amendment to the new Europol founding regulation, in order to develop a genuine European investigation capacity, equip the agency with a legal capacity to request the initiation of a criminal investigation, and foster the sharing and pooling of information at EU level;

6.  Calls on the Commission to mobilise expertise and technical and financial resources in order to ensure EU-level coordination and exchanges of best practices in the fight against violent extremism and terrorist propaganda, radical networks and recruitment by terrorist organisations through offline and online means, with a particular focus on prevention, integration and reintegration strategies with a clear gender perspective;

7.  Calls on the Commission to fulfil its duty as guardian of the Treaties and assess the compliance with EU primary and secondary law of measures recently adopted by Member States in the field of counter-terrorism and surveillance, bearing in mind that any limitations to fundamental rights should be duly reasoned, provided for by law, respect the essence of the rights and freedoms recognised by the Charter of Fundamental Rights and be subject to the principle of proportionality, in accordance with Article 52(1) of the Charter;

Fundamental rights

8.  Reiterates its call on the Commission to make every effort to unblock the proposal for a horizontal anti-discrimination directive; invites it to upgrade its List of Actions to advance LGBTI Equality to a full European response to the fundamental rights problems faced by LGBTI people, in the shape of an EU roadmap against homophobia and discrimination on grounds of sexual orientation or gender identity;

9.  Calls on the Commission to speed up negotiations on the EU’s ratification of the Istanbul Convention, the first legally binding instrument on preventing and combating violence against women at international level; reiterates it call on the Commission to include a definition of gender-based violence in line with the provisions of the Victims’ Rights Directive and to present as soon as possible a legislative act for the prevention and combating of gender-based violence;

10.  Calls on the Commission to implement the actions outlined in its strategic engagement without delay and incorporate a systematic and visible gender equality perspective into all EU activities and policies;

11.  Encourages the Commission to continue to progress towards EU accession to the European Convention on Human Rights (ECHR), taking into account the Court of Justice opinion on the matter and addressing the remaining legal challenges; urges the Commission to urgently seek solutions to the two most problematic issues relating to the Common Foreign and Security Policy (CFSP), namely mutual trust and judicial review;

12.  Calls on the Commission to ensure a timely and compliant entry into force of the data protection package, and to support a successful completion of the legislative process for the adoption of the ePrivacy Regulation; urges furthermore that the confidentiality of electronic communication be protected by promoting the use of end-to-end encryption and prohibiting by EU law any obligation imposed by Member States on undertakings providing public communications networks or publicly available electronic communications services that would result in the weakening of the security of their networks and services;

TOWARDS A NEW POLICY ON MIGRATION

13.  Calls for EU legal migration instruments to be replaced by a single horizontal regulation to create a true EU legal migration policy;

14.  Calls for a standalone European humanitarian visa regulation;

15.  Calls for a revision of the Facilitation Directive to clarify the distinction between illegal smuggling activities and the actions of ordinary citizens helping people in need;

16.  Calls for implementation and monitoring reports on the functioning of the European Border and Coast Guard;

A UNION OF DEMOCRATIC CHANGE

17.  Invites the Commission to put forward a proposal for a democracy, rule of law and fundamental rights pact in the form of an interinstitutional agreement, along the lines of the recommendation made by Parliament in its legislative own-initiative report;

18.  Reiterates its call for the setting-up of an endowment for democracy grant-giving organisations that would support local actors promoting democracy, the rule of law and fundamental rights within the Union;

19.  Points to growing efforts by third states and non-state actors to undermine through hybrid means, including disinformation, the legitimacy of democratic institutions inside the EU, and urges the Commission to strengthen its resilience against hybrid threats and its capacity to advance strategic communication inside and outside the EU, and to improve its ability to adequately counter false news and disinformation in a systematic manner;

A NEW BOOST FOR JOBS, GROWTH AND INVESTMENT

MFF revision, budget and employment

20.  Recalls that, under Article 25 of the MFF Regulation, the Commission must normally present a proposal for a new multiannual financial framework before 1 January 2018; expects that this proposal will address such priorities as a comprehensive reform of the own resources system on both the revenue and the expenditure side, a greater emphasis on the unity of the budget to ensure full parliamentary control over all expenditure, more budgetary flexibility, including a new special instrument to be counted over and above the MFF ceilings, adjustments to the duration of the MFF to align it with the political cycles of both Parliament and the Commission and the modalities of the decision-making process that would ensure the availability of the necessary financial resources;

21.  Underlines the need for an in-depth reform of the own resources system, based on principles of simplicity, fairness, transparency and accountability; strongly welcomes in this regard the final report of the High Level Group on Own Resources; calls on the Commission to present, by the end of 2017, an ambitious legislative package on own resources post-2020, which would aim at ensuring that the EU budget focuses on areas bringing the highest European added value, phasing out all forms of rebates and ending the ‘juste retour’ approach; expects that any new own resources should lead to a reduction in Member States’ GNI contributions;

22.  Calls on the Commission to maintain the allocation of cohesion policy funds and European Structural and Investment Funds at the level decided in the MFF in 2013; considers, on this basis, that technical adjustment should avoid any decrease in the budget for cohesion policy, given its importance in creating growth and jobs, ensuring cohesion within the EU, and, in particular, supporting SMEs and innovation and research, as well as a low-carbon economy and urban policies;

23.  Calls on the Commission to coordinate the EU Urban Agenda and thus ensure the coherent and integrated policy solutions that cities need at European level, and to guarantee the link with the Better Regulation agenda; calls on the Commission to strengthen its internal coordination of issues relevant to urban areas and, for example, expand the instrument of impact assessments so as to include the urban dimension more systematically;

24.  Considers that the Youth Employment Initiative (YEI) is essential in tackling youth unemployment, which remains unacceptably high in the EU; calls on the Commission to secure adequate funding to fight youth unemployment and continuing the YEI up to the end of the current MFF, while at the same time improving its functioning and implementation and taking into account the latest findings of the European Court of Auditors special report on youth employment and the use of the YEI (No 5/2017); calls, furthermore, on the Commission to come forward with proposals to facilitate the employment of people aged over 50;

25.  Urges the Commission to put in place all suitable mechanisms for greater mobility among young people, apprenticeships included, as a way to address skills mismatches in the labour market and improve access to employment opportunities;

26.  Calls on the Commission to take further steps in the framework of the New Skills Agenda, such as developing a pan-European skills needs forecasting tool which would make it possible to estimate future skills needs and adapt them better to the jobs available on the labour market, including the blue growth agenda; recalls that, as part of the national strategies for digital skills, developed by Member States in the framework of the New Skills Agenda, it is important to provide adequate funding for educational institutions to ensure the development of the full range of digital skills that individual and companies need in an increasingly digital economy; calls on the Commission to assess and evaluate the financing and investment needs as regards overcoming the digital skills gap;

27.  Calls on the Commission to come forward with a Green Paper on inequality and how it is hampering economic recovery; encourages it to analyse and assess this issue as a first step towards proposing political solutions, and to take immediate action to reverse this trend so as to reduce inequalities and poverty, and increase social cohesion;

28.  Calls on the Commission to revise the Equal Treatment Directive and launch the legislative procedure for a directive following the 2014 Commission Recommendation on pay transparency with a view to eliminating the persistent gender pay gap;

Horizon 2020

29.  Recognises the enormous added value of the Horizon 2020 research and innovation framework programme for Europe; calls on the Commission to act upon its mid-term evaluation and take Parliament’s resolution into consideration; urges the Commission to continue working towards simplification while minimising barriers to participation and ensuring the highest socio-economic returns – both short-term and long-term – for all parts of the programme, and to work towards an ambitious proposal for the next framework programme; stresses that building synergies with the ESI Funds is needed to bridge the innovation gap within the EU;

A more efficient and multimodal transport policy

30.  Calls on the Commission to implement Article 3 of Regulation 551/2004 establishing a single European upper flight information region (EUIR) and to develop a connectivity index on the basis of other existing indices and the exploratory work already carried out by Eurocontrol and the Airport Observatory;

31.  Calls on the Commission to come forward with guidelines on the timing and instruments to ensure the development of a European approach to rail freight noise; urges the Commission to continue supporting the development of innovative technologies focused on moving more freight from road to rail (Shift2Rail);

32.  Urges the Commission to come forward with a proposal aimed at harmonising the different national legislations in order to enhance the establishment of the European internal market for road transport; calls on the Commission, wherever legitimate, to take the necessary measures against national laws distorting the European single market;

33.  Calls on the Commission to come forward with an integrated and harmonised legislative proposal for the roll-out of connected and automated driving, by enabling cross-border test facilities, drafting proportionate European legislation regarding liability, privacy and data protection and supporting public-private initiatives;

34.  Calls for concrete maritime measures to reduce discharges of ship-generated waste and cargo residues into the sea and to improve the availability and use of facilities in ports to receive ship waste; urges the Commission to support the development of innovative technologies with a special focus on autonomous shipping;

35.  Calls on the Commission to swiftly deliver a multimodal package to ensure an integrated approach to transport policies, which should also include provisions for passenger rights and integrated door-to-door mobility for passengers and freight; asks the Commission to step up its attention to and support for the digital transformation of the multimodal transport sector (e-Documents) and to initiate the deployment of multimodal infrastructure and services along the TEN-T networks;

A DEEPER AND FAIRER ECONOMIC AND MONETARY UNION

36.  Welcomes the Commission’s initiative to enhance cooperation with Parliament in the field of competition; calls on the Commission to continue and strengthen that practice and to consider the application of the ordinary legislative procedure in competition policy, in particular where fundamental principles and binding guidelines are concerned;

37.  Calls on the Commission to come up very rapidly with concrete proposals in the field of retail financial services, noting that retail finance in the EU should work in the interests of citizens and provide better products and more choice on the market;

38.  Calls on the Commission to take effective measures within the framework of the European Semester to ensure that Member States implement the country-specific recommendations and structural reforms in order to modernise their economies, increase competitiveness and tackle inequalities and imbalances;

39.  Urges the Commission to speed up the work on the completion of a Capital Markets Union (CMU), in order to help unleash investment in the EU to create growth and jobs; calls on the Commission to come forward with proposals that improve the business environment in the EU in order to attract more foreign direct investment;

40.  Calls on the Commission, in accordance with Parliament’s resolution of 12 April 2016 on the EU role in the framework of international financial, monetary and regulatory institutions and bodies(1), to streamline and codify the EU’s representation in multilateral organisations and bodies with a view to increasing the transparency, integrity and accountability of the Union’s involvement in those bodies, its influence, and the promotion of the legislation it has adopted through a democratic process;

41.  Calls on the Commission to foster growth by building on a three-dimensional approach aimed at reinforcing investment and financing innovation, including through the European Fund for Strategic Investments (EFSI) and the CMU, conducting structural reforms to modernise economies and setting a common policy mix;

A CONNECTED DIGITAL SINGLE MARKET

42.  Is concerned by the delays taken by some of the legislative proposals contained in the Digital Single Market Strategy; considers that the EU institutions should not lose the momentum of the strategy and devote every possible effort to delivering and adopting the relevant proposals; asks the three institutions, at the time of its mid-term review, to commit at the highest level to giving them priority treatment in the legislative process so that citizens and businesses can benefit from their results;

43.  Welcomes efforts to develop and modernise the EU’s intellectual property laws, in particular in the area of copyright, in order to render them fit for the digital age and facilitate cross-border access to creative content, thereby creating legal certainty while protecting authors’ and performers’ rights; calls on the Commission to base any legislative initiative to modernise copyright on independent evidence as to the impact on growth and jobs, particularly as regards SMEs in this sector, access to knowledge and culture, intermediary liability, the open internet, fundamental rights and potential costs and benefits for the creative and cultural sectors; considers that copyright should maintain its primary function, which is to allow creators to gain rewards for their efforts through others making use of their work, while harmonising the exceptions and limitations in the field of research, education, preservation of cultural heritage and user generated content ; stresses that the important contribution of traditional methods of promoting regional and European culture should not be hampered by modernisation of reform proposals;

44.  Reiterates its calls for proposals to develop the potential of the cultural and creative sector as a source of jobs and growth; stresses, in this connection, the importance of enforcing as well as modernising intellectual property rights (IPR), and urges the Commission to follow up on its action plan to combat IPR infringements, including a review of the IPR Enforcement Directive, which is out of step with the digital age and inadequate to combat online infringements, and also to follow up on the Green Paper on chargeback and related schemes in the context of a potential EU-wide right to retrieve money unwittingly used to purchase counterfeit goods; calls on the Commission to further strengthen the remit of the EU Observatory on Infringements of Intellectual Property Rights, and welcomes its establishment of a group of experts on IPR enforcement;

45.  Calls on the Commission to ensure the preservation of the internet as an open, neutral, secured and inclusive platform for communication, production, participation and creation, and as a provider of cultural diversity and innovation; recalls that this is in the interests of all EU citizens and consumers and will contribute to the success of European companies globally; emphasises the need to ensure the rigorous application of the net neutrality principle as adopted in the ‘Connected Continent package’;

46.  Urges the Commission to come up with a notice and takedown directive in order to prevent the fragmentation of a digital single market, which would increase legal clarity by harmonising the procedures and safeguards for internet platforms and their users to take down content; stresses that the EU needs an effective due-process architecture to protect citizens from arbitrary content removals;

47.  Calls on the Commission to continue its efforts to secure the swift implementation of the EU e-Government Action plan and calls on the Commission to report back, after the launch in 2017 of the Once-Only Principle large-scale pilot project for businesses and citizens (TOOP);

A DEEPER AND FAIRER INTERNAL MARKET WITH A STRENGTHENED INDUSTRIAL BASE

The single market

48.  Regrets that the Commission has not listened so far to the repeated calls for the creation of a strong single market pillar within the European Semester, with a system of regular monitoring and identification of country-specific barriers to the single market, which have tended to be introduced lately with a greater impact, frequency and scope in Member States;

49.  Reiterates, therefore, its request to the Commission to issue recommendations focused on removing single market barriers in the country-specific recommendations; calls for an in-depth evaluation of single market integration and internal competitiveness; insists that the evaluation of the state of single market integration should become an integral part of the economic governance framework;

50.  Asks the Commission to focus its work on the implementation of the Single Market Strategy and in particular the legislative proposals for a Single Digital Gateway, which should be proposed without delay, and for a Single Market Information Tool; recalls in this context that, in its resolution on the Strategy, Parliament underlined that regulatory differences between Member States regarding differing labelling or quality requirements create unnecessary obstacles to the activities of suppliers of goods and to consumer protection, and to assessing which labels are essential and which are not essential for ensuring consumer information, and regrets that the Commission has not taken any steps in the matter;

51.  Calls on the Commission, with the support of the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities, to closely monitor the effects of the abolition of retail roaming surcharges from 15 June 2017, in particular the correct implementation and enforcement of the directive with regard to exception schemes, the evolution of data consumption patterns and the retail tariff plans available; urges that the impact of correct implementation of the voluntary fair use policies will have to be assessed;

52.  Urges the Commission to adopt as a matter of urgency the proposal for a revised Commission implementing regulation on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable; reminds the Commission that its adoption of this new proposal was one the conditions for Parliament adopting the Firearms Directive and asks the Commission, therefore, to deliver without delay in order to close security loopholes and strengthen deactivation regimes in the EU;

53.  Reminds the Commission that the adoption of the Directive on network and information security was a first step that was needed but that cannot be considered sufficient in the medium and long term; asks the Commission to make sure that Member States abide by its provisions and to prepare the ground for a revision of the directive as soon as possible in order to reach a higher level of operational and strategic cooperation between the Member States;

Consumer rights

54.  Considers that the ongoing evaluation of the Consumer Rights Directive is an important step towards ensuring that the directive has achieved its objectives and that the anticipated impacts, as described in the original impact assessment accompanying the proposal for the directive, have materialised;

55.  Underlines the need to complete the REFIT Fitness check of consumer law in time so that its results can still be used within this legislative term and that it includes the results of the evaluation of the Consumer Rights Directive;

56.  Is concerned by allegations that qualitative characteristics of food as well as non-food products that are sold in the single market under the same brand and same packaging and with the use of other marketing texts could differ between Member States; asks the Commission to look into this question more closely;

A RESILIENT ENERGY UNION WITH A FORWARD-LOOKING CLIMATE CHANGE POLICY

57.  Calls on the Commission, following the adoption of various Energy Union, energy efficiency, market design, renewable energy and other energy-related legislative proposals and communications, to focus its attention on ensuring that Member States fully implement these; considers that, in cases where legal obligations are clearly not being met, the Commission should launch infringement procedures, the aim being to build a genuine Energy Union;

58.  Urges the Commission to complete as soon as possible its already delayed review of the legislation on CO2 emissions from cars and vans and from heavy duty vehicles, and to table legislative proposals for a fleet average emissions target for 2025 in line with the commitments made in the context of the agreement between the co-legislators in 2013;

59.  Calls on the Commission to ensure that the EU maintains its leadership role in the implementation and enforcement of the Paris Agreement; asks the Commission to propose Union-wide measures complementary to the EU’s commitment to a 40 % cut in domestic greenhouse gas (GHG) emissions with a view to the 2018 facilitative dialogue under the agreement; urges the Commission to prepare a mid-century decarbonisation strategy consistent with the goals set out in the Paris Agreement, including intermediate milestones to ensure cost-efficient delivery of the EU’s climate ambitions; calls on the Commission also to evaluate the consistency of current EU policies in relation to the objectives of the Paris Agreement, including with regard to the EU budget, the phasing-out of fossil fuel subsidies and ocean governance, especially with regard to the importance of the ocean for our climate; calls on the Commission to develop measures to support an orderly transition to a low-carbon economy in order to mitigate the systematic economic risks associated with high-carbon financial assets; expects the Commission to ensure that the work programme reflects the Sustainable Development Goals by putting sustainability at the core of economic policy and reiterates the importance of fully implementing the 7th Environmental Action Programme 2014-2020;

60.  Urges the Commission to bring forward without any delay the initiatives listed in the Circular Economy Action Plan, including in the areas of product policy and food waste, and to monitor the progress towards a circular economy in the framework of the EU semester;

61.  Calls on the Commission to come forward with a legislative proposal on environmental inspections – fully respecting the principles of subsidiarity and proportionality – in order to step up the implementation and enforcement of environmental laws and standards;

Agriculture and fisheries policies

62.  Stresses the important role that sustainable agriculture, fisheries and forestry sectors play in ensuring food security in the EU, providing jobs and improving environmental standards, and equally underlines the potential of European agriculture in contributing to climate change policies through innovation and adoption of policies which enhance the carbon sequestration potential of European agriculture;

63.  Calls on the Commission to simplify the implementation of the CAP and to cut red tape in order to increase its efficiency, alleviate the administrative burden on agricultural entrepreneurs, and make room for innovations that are indispensable for a forward-looking, competitive European agriculture sector; asks the Commission to ensure that the principle of better regulation is included in the upcoming CAP reform proposal which should provide more room and financial incentives for innovation in agriculture aimed at ensuring long-term food security in the EU, reducing agriculture’s impact on biodiversity and increasing its climate resilience;

64.  Calls on the Commission to make proposals to urgently address the continued loss of natural capital in Europe and to review existing policies, in particular the CAP, with a view to meeting the objectives of the EU’s Biodiversity Strategy;

65.  Stresses the urgency and importance of taking action against the persistently growing threat of increased antimicrobial resistance, since this can have an enormous impact on citizens’ health and productivity as well as on the Member States’ health budgets; calls on the Commission, therefore, to come forward with a proposal for an EU action plan on how to implement in the Union the World Health Organisation (WHO) Global Action Plan on Antimicrobial Resistance; calls on the Commission also to enhance measures already applied in the current Action Plan against antimicrobial resistance (AMR) and to ensure the consistent implementation thereof by all relevant parties;

66.  Reiterates that, in order to ensure the timely and proper implementation of the common fisheries policy adopted in 2013, the Commission must continue to come forward with legislative proposals for the adoption of renewed multiannual management plans for fish stocks;

67.  Highlights the importance of the strong control system laid down in the Control Regulation (Council Regulation (EC) No 1224/2009 of 20 November 2009), which modernised the EU’s approach to fisheries control in line with the measures adopted to combat illegal fishing; calls on the Commission to undertake a comprehensive follow-up and to propose, if necessary, their revision with a view to addressing shortcomings and ensuring proper implementation and enforcement;

68.  Considers that illegal, unregulated and unreported (IUU) fishing is a form of organised crime on the seas, with disastrous worldwide environmental and socio-economic impacts and therefore calls on the Commission to take all necessary action against non-cooperating countries and all organisations contributing to IUU fishing;

TRADE

69.  Emphasises its support for an ambitious and values-based trade agenda which will strengthen the global rules-based system and contribute towards jobs and growth in Europe; welcomes, in this connection, the Commission’s efforts to conclude negotiations with Japan and to push ahead with other ongoing negotiations, such as with Mexico and Mercosur, as well as aiming to commence new ones with, for example, Australia and New Zealand and trying to unblock other negotiations, such as those with India;

70.  Calls on the Commission to reinvigorate the post-Nairobi WTO discussion, since multilateral trade negotiations must remain a priority matter for the EU even when they prove difficult; considers that it would also be worthwhile to look into new areas and issues within the WTO framework, such as digital trade, and welcomes the international initiatives taken by the Commission on investment protection;

71.  Stresses that the modernising and strengthening of the Union’s trade defence instruments is as a matter of urgency and of the utmost importance;

A STRONGER GLOBAL ACTOR

72.  Calls on the Commission to advance with setting up the European Defence Fund, which would encompass adequate funding for both collaborative research on defence technologies and the acquisition of joint assets by the Member States; encourages the Commission to step up the enforcement of the two directives framing the single market for defence and to come up with an initiative on development of shared industry standards for equipment and assets;

73.  Urges to Commission to pay particular attention to the rising tension in the Western Balkans and to seek ways to enhance the EU’s engagement in favour of reconciliation and reforms in all of the countries concerned;

74.  Commends the Commission for its emphasis on the Neighbourhood Policy, both eastern and southern, but underlines that the policy must acquire a more political content, notably through a combination of increased financial assistance, reinforced democracy support, market access and improved mobility; stresses that the policy needs to clearly identify areas of action in order to better address the challenges which the neighbouring countries are facing;

75.  Calls on the Commission to prioritise digitalisation as an integral part of the EU´s foreign policy instruments and to embrace it as an opportunity such as by leading in the fields of internet governance, people´s human rights online, state norms in cyberspace, cybersecurity and freedom online, access and development, digital literacy and net neutrality;

76.  Stresses that the promotion of, and respect for, human rights, international law and fundamental freedoms must be a central common denominator across EU policies; calls on the Commission not to neglect the importance of protecting human rights in the context of counter-terrorism measures; urges the Commission to actively continue pushing for human rights to be implemented effectively through all agreements, in particular the trade, political dialogue and cooperation and association agreements subscribed by the EU, in particular the so-called ‘democracy clause’ and Article 8 of the Cotonou Agreement; calls on the Commission to make a clear monitoring of the human rights situation in the countries with which the EU has agreements;

77.  Calls on the Commission to continue to work to help ensure accountability for war crimes, human rights violations and abuses and violations of international humanitarian law, including the confirmed use of chemical weapons; expresses its continued grave concern at the deliberate restrictions that are put in the way of the provision of humanitarian aid and reiterates its call on the Commission to make every possible effort to help ensure that full, unhindered, safe and sustainable country-wide humanitarian access for the UN and other humanitarian organisations is secured in countries where it is needed;

78.  Calls on the Commission to put forward an implementation plan for the revised European Consensus;

79.  Urges the Commission to show ambition in its updated EU Global Strategy and to better position the EU in a rapidly changing world to deliver the institutional and policy changes for the effective implementation of the Agenda 2030; calls on the Commission also to come forward with a proposal for an overarching Sustainable Development Strategy, encompassing all relevant internal and external policy areas, including the UN process, a detailed timeline up to 2030, a concrete implementation plan and a specific procedure ensuring Parliament’s full involvement and to provide information regarding the plan for implementation, monitoring, follow-up and incorporation of the 2030 Agenda into the EU’s internal and external policy;

80.  Emphasises its support for an ambitious External Investment Plan (EIP); believes that the implementation of the upcoming European Fund for Sustainable Development (EFSD) and the EU Trust Fund for Africa will be key in assessing the effectiveness of current efforts; calls on the Commission to give an active and effective impulse to the EU’s external policy; stresses that the EU should be a major actor that provides efficient responses to the challenges that Europe is facing, in order achieve the SDGs by 2030 and address the root causes of irregular and forced migration;

81.  Recalls the need to review the Humanitarian Aid Regulation (Council Regulation (EC) No 1257/96 of 20 June 1996), in order to make the EU’s humanitarian assistance more efficient and compliant with international humanitarian law, especially in view of the urgent need for comprehensive action against famine and to ensure a sustainable future for the millions of people affected by conflicts or natural or man-made disasters, as well as for education in the context of protracted crises;

82.  Calls on the Commission to increase its efforts to safeguard the sexual and reproductive health and rights of women and girls throughout the world, and to guarantee that the Global Gag Rule will not restrict EU humanitarian aid funds and the work of foreign family-planning organisations that the EU is funding;

83.  Calls on the Commission to present a legislative proposal on accompanying measures for the ‘Conflict Minerals Regulation’ (2014/0059(COD)) in line with the relevant Joint Communication (JOINT (2014) 8);

84.  Calls on the Commission, given the global nature of the garment industry and of its shortcomings in terms of improving worker’s conditions, to go beyond the presentation of a staff working document on the flagship initiative on the garment sector and to present a legislative proposal for due diligence obligations in the supply chain in the garment sector;

85.  Calls on the Commission to assist developing countries in combating fraud and tax evasion through the establishment of a comprehensive and binding framework;

86.  Calls on the Commission to take an ambitious approach in the context of the future negotiations for the Post-Cotonou Agreement with a view to a binding agreement, tailored to the new realities, with a strong political dimension and an economic development dimension, and oriented towards a framed market economy and inclusive growth;

*

*  *

89.  Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States.

General Market

Arms Control and International Security: Contact Group on Piracy off the Coast of Somalia: Quarterly Update

The Contact Group on Piracy off the Coast of Somalia was created on January 14, 2009 pursuant to UN Security Council Resolution 1851. This voluntary ad hoc international forum brings together over 80 countries, organizations, and industry groups with a shared interest in combating piracy. Chaired in 2013 by the United States, the Contact Group coordinates political, military, and non-governmental efforts to tackle piracy off the coast of Somalia, ensure that pirates are brought to justice, and support regional states to develop sustainable maritime security capabilities. The European Union will assume the chairmanship in 2014.

Through its five thematic working groups, the Contact Group draws on a wide range of international expertise and adopts a problem-solving approach to piracy, working closely with Somali officials from the central government and regional administrations and officials in Indian Ocean States. Working Group 1, chaired by the United Kingdom, focuses on operational naval coordination, information sharing, and capacity building; Working Group 2, chaired by Denmark, addresses legal and judicial issues; Working Group 3, chaired by the Republic of Korea, works closely with the shipping industry to enhance awareness and build capabilities among seafarers transiting the region; Working Group 4, chaired by Egypt, aims at raising public awareness of the dangers of piracy; and Working Group 5, chaired by Italy, focuses on disrupting the pirate criminal enterprise ashore, including the illicit financial flows associated with maritime piracy.

This unique international partnership is contributing to a significant decline in piracy off the Horn of Africa. Thanks in part to the Contact Group’s concerted efforts, there has not been a successful pirate attack on a commercial vessel off the Horn of Africa in more than a year and a half, and pirates no longer control a single hijacked vessel.

Recent Developments

• On November 18, the United Nations Security Council adopted Resolution 2125, renewing the call for international action to fight piracy off the Coast of Somalia.

• The Contact Group convened November 10-15 for Counter Piracy Week in Djibouti. This first ever extended duration gathering of the CGPCS included meetings of all five working groups, a number of stand-alone thematic discussions, and the 15th Plenary. In all, the event drew 55 delegations totaling approximately 220 participants. Notably, the first ever plenary session in the Horn of Africa included active participation by the Federal Government of Somalia and a number of regional partners in the fight against piracy. Participants agreed that, while significant progress has been made in the last two years, the underlying conditions that allowed piracy to flourish remain. Somalia will continue require significant capacity building assistance to ensure pirate gangs cannot return to peak. The 15th Plenary also marked the handover of the Contact Group chairmanship from the United States to the European Union, which will chair during 2014.

• On October 11, India detained the Sierra Leone-flagged S/V SEAMAN GUARD OHIO and later charged 33 men aboard for failing to produce papers authorizing the carriage of weapons in Indian waters. A U.S. maritime company, Advanfort, operates the ship with a crew that includes British, Estonian, Indian and Ukrainian nationals.

• On November 13, Japan’s parliament enacted a bill to allow security guards to carry rifles aboard Japanese-registered vessels to counter piracy in waters off Somalia and elsewhere. The new law allows armed guards employed by foreign security contractors to fire warning shots at approaching pirates.

• On December 3, France announced it would change its laws to allow private armed guards to protect its shipping fleet against pirates. News reports indicated that although tougher ship security and Western naval patrols have reduced attacks from Somali pirates, French ships are increasingly being targeted in the Gulf of Guinea off West Africa, where France has trade ties with former colonies.

Apprehensions at Sea

• On October 18, the Combined Task Force (CTF)-151 reported the capture of nine suspected pirates believed responsible for two attacks in the Indian Ocean. The RFA FORT VICTORIA, HMAS MELBOURNE and ROKS WANG GEON from CTF-151 were involved, as well as the European Union flagship HMLMS JOHAN DE WITT and a Seychelles based maritime patrol aircraft. Pirates exchanged gunfire with security personnel aboard a super tanker on October 11 before attacking a Spanish fishing vessel three days later. CTF-151 apprehended the suspects and destroyed two skiffs and associated pirate equipment.

• On November 10, the Danish warship HDMS ESBERN SNARE, part of NATO’s OPERATION OCEAN SHIELD, arrested nine suspected pirates in the Indian Ocean. The warship tracked down a pirate skiff and mother ship (a whaler) overnight after the suspects attacked the MV TORM Kansas, a Danish flagged oil tanker on November 9. A skiff of five armed pirates had approached the tanker, exchanging fire with private security guards on board before breaking off. On November 30, Seychelles agreed to try the suspects, which were then handed over.

Piracy Trials and Prosecution Support

• On November 26, seven Somalis convicted of piracy in Kenya were repatriated to Somalia by the UNODC upon the completion of their sentence. They were flown to Galkayo.

• Also in Kenya, judgment in the piracy case concerning an attack on the vessel ARIA has been delayed until 23 December 2013.

• Forty Somalis held in Maldives have been repatriated to Somalia by UNODC. They were detained on suspicion of engaging in piracy, but were not charged as Maldives has no legislation on the subject. They were held as prohibited immigrants prior to their return to Somalia. UNODC is engaging with Maldives to develop its piracy legislation.

• On November 14, a U.S. District Court Judge passed life sentences on the last two Somali pirates convicted of killing four Americans on a yacht off the Horn of Africa in 2011. The third convicted pirate was sentenced on November 12. All three were given 21 life sentences. Eleven others previously pled guilty and are serving life sentences.

• On November 5, there was a procedural delay in the Mauritius trial of nine suspected Somali pirates. One of the accused demanded the presence of the French officer who arrested him. The court advised the defendant to enter a motion to that effect.

• On October 30, a court in Madrid convicted six Somalis for piracy and sentenced them to between eight and 12 and a half years in jail for attacking a Spanish warship in 2012 off the coast of Somalia. The six were caught following a firefight when they tried to board the SPS PATINO, a Spanish navy supply ship supporting the European Union’s OPERATION ATALANTA.

• On October 23, four Somali pirates were sentenced to seven years each in prison on by a Kenyan court that found them guilty of hijacking a fishing dhow in the Indian Ocean in 2010. The men were arrested by Spanish naval forces and handed over to Kenyan authorities.

• On October 18, a French court sentenced three Somali pirates to nine years in prison each for the 2009 hijacking off the Somali coast of a French yacht that led to the death of its skipper. The three pirates had asked for leniency, saying they were forced into piracy by lives of abject poverty. French troops stormed a sailboat in April 2009 and captured the trio during a bid to free the captain, his wife, their three-year-old son and two crew members.

• On November 26, a federal jury in the U.S. State of Virginia acquitted Ali Mohammed Ali of piracy charges in connection with the takeover of a Danish merchant ship, the CEC FUTURE, in the Gulf of Aden in 2008. Ali worked as a translator for both ship owners and pirates as they negotiated terms for release of the ship and crew. The jury deadlocked on two hostage-taking charges against Ali. U.S prosecutors said that they will retry Ali on those two allegations.

• On November 29 in Seychelles, the conviction for piracy of a Somali man was overturned on appeal. The man, who was originally sentenced in December 2010, claimed to be 16 years old at the time of the offences. He is being held in custody due to his immigration status and will be repatriated to Somalia by UNODC at the earliest opportunity.

Related Meetings

• On October 15-16, the United Nations’ Interregional Crime and Justice Research Institute hosted the second of a series of workshops for legal experts in Rome on to draft a code of conduct on Rules for the Use of Force by Privately Contracted Armed Security Personnel on board merchant ships.

• On November 8 and 9, UNODC conducted a tour for CGPCS Trust Fund donors in Puntland and Somaliland. Representatives from Denmark, DPA, the EU, Germany, UNODC HQ, Norway, the UK and the US were able to visit the projects in Garowe, Berbera and Hargeisa that they have supported through the Trust Fund.

Significant Developments

• On the night of 8 November 2013, Al-Shabaab fighters launched a deadly attack on Bosasso Prison in Puntland, which was substantially rebuilt in previous years by UNODC using money from the CGPCS Trust Fund. The Deputy Commander of the prison and one guard were killed. Prison defense forces fought off the attack and no prisoners escaped.

• The UN Assistant Secretary-General for Political Affairs told Counter-Piracy Week in Djibouti participants that the Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia (Trust Fund) will fund the Hostage Support Programme, administered by the UN Office on Drugs and Crime, for an additional 18 months.

• The Trust Fund Board of Directors also approved a project submitted by INTERPOL and the International Maritime Bureau which will support debriefing of former hostages held by Somali pirates in support of law enforcement investigations.

• RAPPICC, the Regional Anti-Piracy Prosecutions Intelligence Coordination Centre, changed its name to REFLECS3, the Regional Fusion Law Enforcement Centre for Safety and Security at Sea, to better describe its new three-part mission – combating transnational organized crime; improving maritime shipping information sharing; and coordinating local and regional capacity building programs. Additionally, the Seychelles government agreed to enact legislation to incorporate the Centre as a legal entity. The Steering Group also decided to invite countries from the East African and South Asian regions to join as new members.

• On November 22, the EU/UNODC launched its Programme to Support Maritime Security, known as MASE. The 5 million Euro (approx. 6.8 million USD) MASE programme will address maritime crime in the Indian Ocean including piracy, drugs and arms smuggling, human trafficking, illegal fishing and maritime pollution.

Hostages in Custody

• At least 49 seafarers remain in pirate custody, including:

— 27 (Taiwanese, Chinese, Cambodian, Filipino, Vietnamese and Indonesian) from the F/V NAHAM 3, Omani-flagged, hijacked March 26, 2012, now aground in Somalia;

— 11 (7 Bangladeshi, 2 Sri Lankan, 1 Indian, 1 Iranian) from the M/V ALBEDO, Malaysian-flagged, hijacked November 26, 2010, which sank at anchor on July 8, 2013, with a further 4 (Sri Lankans) missing;

— 4 (Thais) from the M/V PRANTALAY 12, Thailand-flagged, held since April 18, 2010; which was grounded after the anchor chain broke July, 20, 2011; and

— 7 (Indians) held since September 29, 2010 from M/V ASHPALT VENTURE, Panama-flagged; the ship and other crew were released April 15, 2011.

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For further information, please visit www.thecgpcs.org or contact the specific offices below.

2013 Chair: Ms. Donna Hopkins HopkinsDL@state.gov

Working Group 1: Ms. Sonia Farrey Sonia.Farrey@fco.gov.uk

Working Group 2: Mr. Jonas Bering Liisberg jobeli@um.dk

Working Group 3: Ambassador Huh Chul chuh81@mofa.go.kr

Working Group 4: Ambassador Hussein Mubarak h9mubarak@yahoo.com

Working Group 5: Mr. Giuseppe Maresca Giuseppe.maresca@tesoro.it

UNODC: Mr. Alan Cole alan.cole@unodc.org

REFLECS3: Mr. Garry Crone Garry.Crone@rappicc.sc

Oceans Beyond Piracy: Mr. Jon Huggins, jhuggins@oneearthfuture.org

General Market

Security Council Unanimously Adopts Resolution 2316 (2016), Renewing Authorization for International Naval Forces to Combat Piracy off Somali Coast

The Security Council today renewed for another year its authorization for international naval forces to join in fighting piracy off the coast of Somalia, stressing that while the threat of such crime had declined, it still remained a matter of grave concern.

Unanimously adopting resolution 2316 (2016) and again affirming the primary responsibility of Somali authorities in the effort, the Security Council renewed the call upon States and regional organizations that were able to do so to cooperate with those authorities and each other in deploying naval vessels and military aircraft, by providing logistical support, and by seizing and disposing of boats, arms and related equipment reasonably suspected to be used in piracy and armed robbery in the area. 

Acknowledging a steady decline in attacks since 2011, the Council commended the contributions of the European Union’s Naval Force (EUNAVFOR) Operation ATALANTA, the North Atlantic Treaty Organization’s (NATO) Operation Ocean Shield, the Combined Maritime Forces’ Combined Task Force 151, the African Union and the Southern Africa Development Community, as well as individual States for naval counter-piracy missions and protecting ships transiting through the region.

Noting with concern the continuing gap in domestic capacity and legal frameworks for the detention and prosecution of suspected pirates and those who profited from the crimes, the Council recognized the continued need for national legislative action and international capacity-building assistance in that regard.

In the preambular section of the text, the Security Council also expressed serious concern over reports of illegal, unreported and unregulated fishing in Somalia’s exclusive economic zone and, noting a complex relationship between such activity and piracy, recognized that it accounted for millions in lost revenue for the country and could contribute to destabilization of coastal communities.

The Council reaffirmed that the authorizations renewed in the resolution applied only with respect to the situation in Somalia and did not affect rights, obligations and responsibilities of Member States under international law, including the Convention on the Law of the Sea.

Following the adoption, Mohamed Rabi A. Yusuf, representative of Somalia, thanked the Security Council for its valuable support to his country in all areas, including addressing piracy, and asked for continued support from the international community.  He noted the recognition of the Secretary-General’s report that a lack of economic opportunity in the country was one of the triggers of piracy. 

Welcoming today’s adoption and assuring the Council his Government’s full cooperation with its provisions, he expressed appreciation of the acknowledgement that illegal, unreported and unregulated fishing resulted in loss of revenue and could lead to destabilisation along the coast.

The meeting started at 3:05 p.m. and adjourned at 3:10 p.m.

Resolution

The full text of resolution 2316 (2016) reads as follows:

The Security Council,

“Recalling its previous resolutions concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015 (2011), 2020 (2011), 2077 (2012) 2125 (2013), 2184 (2014), and 2246 (2015) as well as the Statement of its President (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of 19 November 2012,

Welcoming the report of the Secretary-General (S/2016/843), as requested by resolution 2246 (2015), on the implementation of that resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia,

Reaffirming its respect for the sovereignty, territorial integrity, political independence, and unity of Somalia, including Somalia’s sovereign rights in accordance with international law, with respect to offshore natural resources, including fisheries,

Noting that the joint counter-piracy efforts of States, regions, organizations, the maritime industry, the private sector, think tanks and civil society have resulted in a steady decline in pirate attacks as well as hijackings since 2011, and continuing to be gravely concerned by the ongoing threat that resurgent piracy and armed robbery at sea poses to the prompt, safe and effective delivery of humanitarian aid to Somalia and the region, to the safety of seafarers and other persons, to international navigation and the safety of commercial maritime routes, and to other ships, including fishing vessels operating  in conformity with international law,

Further reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets out the legal framework applicable to activities in the ocean, including countering piracy and armed robbery at sea,

Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attacks, and reiterating its concern over persons suspected of piracy having been released without facing justice, reaffirming that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts,

Noting with concern that the continuing limited capacity and domestic legislation to facilitate the custody and prosecution of suspected pirates after their capture has hindered more robust international action against pirates off the coast of Somalia, which has led to pirates being released without facing justice, regardless of whether there is sufficient evidence to support prosecution, and reiterating that, consistent with the provisions of The Convention concerning the repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties to create criminal offences, establish jurisdiction, and accept delivery of persons responsible for, or suspected of seizing, or exercising control over, a ship by force or threat thereof, or any other form of intimidation,

Underlining the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, noting the several requests from Somali authorities for international assistance to counter piracy off its coast, including the letter of 24 October 2016, from the Chargé d’affaires a.i. of the Permanent Mission of Somalia to the United Nations expressing the appreciation of Somali authorities to the Security Council for its assistance, expressing their willingness to consider working with other States and regional organizations to combat piracy and armed robbery at sea off the coast of Somalia, asking member states and international organizations to support the Federal Government of Somalia in its efforts to address illegal, unreported, and unregulated fishing in its Exclusive Economic Zone, and requesting that the provisions of resolution 2246 (2015) be renewed for an additional twelve months,

Welcoming the participation of the Federal Government of Somalia and regional partners in the 19th plenary session of the Contact Group on Piracy off the Coast of Somalia (CGPCS), hosted by the Seychelles in Victoria, Seychelles, May 31-June 3, 2016,

Recognizing the work of the CGPCS and the Law Enforcement Task Force to facilitate the prosecution of suspected pirates, and of the Working Group on Capacity Building of the CGPCS to coordinate judicial, penal, and maritime capacity-building efforts to enable regional states to better tackle piracy,

Welcoming the financing provided by the Trust Fund to Support Initiatives of States Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthen regional ability to prosecute suspected pirates and imprison those convicted in accordance with applicable international human rights law, noting with appreciation the assistance provided by the United Nations Office of Drugs and Crime (UNODC) Maritime Crime Programme, and being determined to continue efforts to ensure that pirates are held accountable,

Commending the efforts of the EU Naval Force (EUNAVFOR) Operation ATALANTA, North Atlantic Treaty Organization Operation Ocean Shield, Combined Maritime Forces’ Combined Task Force 151, the counter-piracy activities of the African Union onshore in Somalia and the naval activities of the Southern Africa Development Community, and other States acting in a national capacity in cooperation with Somali authorities and each other to suppress piracy and to protect ships transiting through the waters off the coast of Somalia, and welcoming the Shared Awareness and Deconfliction Initiative (SHADE) and the efforts of individual countries, including China, India, the Islamic Republic of Iran, Japan, Republic of Korea, and the Russian Federation, which have deployed naval counter-piracy missions in the region,

Noting the efforts of flag States for taking measures to permit vessels sailing under their flag transiting the High Risk Area (HRA) to embark vessel protection detachments and privately contracted armed security personnel (PCASP), and to allow charters that favour arrangements that make use of such measures, while urging States to regulate such activities in accordance with applicable international law,

Noting that HRA boundaries are set and defined by the insurance and maritime industry, and have been redefined in December 2015,

Welcoming the capacity-building efforts in the region made by the International Maritime Organization (IMO) funded Djibouti Code of Conduct, the Trust Fund and the European Union’s activities under the EU Mission on Regional Maritime Capacity in the Horn of Africa (EUCAP Nestor), which is working with the Federal Government of Somalia to strengthen its criminal justice system, and recognizing the need for all engaged international and regional organizations to coordinate and cooperate fully,

Supporting the development of a coastal police force, noting with appreciation the efforts made by the IMO and the shipping industry to develop and update guidance, best management practices, and recommendations to assist ships to prevent and suppress piracy attacks off the coast of Somalia, including in the Gulf of Aden, and in relevant parts of the Indian Ocean that are still within the High Risk Area and recognizing the work of the IMO and the CGPCS in this regard, noting the efforts of the International Organization for Standardization, which has developed industry standards of training and certification for Private Maritime Security Companies when providing PCASP on board ships in high-risk areas, and further welcoming the European Union’s EUCAP Nestor, which is working to develop the maritime security capacities of Somalia,

Underlining the importance of continuing to enhance the collection, preservation, and transmission to competent authorities of evidence of acts of piracy and armed robbery at sea off the coast of Somalia, and welcoming the ongoing work of the IMO, INTERPOL, and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy, and noting the importance of enabling seafarers to give evidence in criminal proceedings to prosecute acts of piracy,

Further recognizing that pirate networks continue to rely on kidnapping and hostage-taking to help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the safety and security of civilians and restricting the flow of commerce, and welcoming international efforts to coordinate the work of investigators and prosecutors, inter alia, through the Law Enforcement Task Force and collect and share information to disrupt the pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy, and taking note of the ongoing efforts of the Regional Fusion and Law Enforcement Centre for Safety and Security at Sea, hosted by Seychelles to combat piracy and transnational organized crime,

Reaffirming international condemnation of acts of kidnapping and hostage-taking, including offences contained within the International Convention against the Taking of Hostages, strongly condemning the continuing practice of hostage-taking by pirates operating off the coast of Somalia, expressing serious concern at the inhumane conditions hostages face in captivity, recognizing the adverse impact on their families, calling for the immediate release of all hostages, and noting the importance of cooperation between Member States on the issue of hostage-taking and the prosecution of suspected pirates for taking hostages,

Commending Kenya, Mauritius, Tanzania, and Seychelles, for their efforts to prosecute suspected pirates in their national courts, and noting with appreciation the assistance provided by the UNODC Maritime Crime Programme, the Trust Fund, and other international organizations and donors, in coordination with the CGPCS, to support Kenya, Mauritius, Seychelles, Tanzania, Somalia, and other States in the region with their efforts to prosecute, or incarcerate in a third State after prosecution elsewhere, pirates, including facilitators and financiers ashore, consistent with applicable international human rights law, and emphasizing the need for States and international organizations to further enhance international efforts in this regard,

Welcoming the readiness of the national and regional administrations of Somalia to cooperate with each other and with States who have prosecuted suspected pirates with a view to enabling convicted pirates to be repatriated back to Somalia under suitable prisoner transfer arrangements, consistent with applicable international law, including international human rights law, and acknowledging the return from Seychelles to Somalia of convicted prisoners willing and eligible to serve their sentences in Somalia,

Welcoming the work of the Maritime Security Coordination Committee (MSCC), as an important mechanism of information sharing, and encouraging the Somali national and regional administrations to take increasing responsibility for counter-piracy initiatives,

Expressing serious concern over reports of illegal, unreported and unregulated fishing (IUU) in Somalia’s Exclusive Economic Zone (EEZ), and noting the complex relationship between IUU fishing and piracy, recognizing that IUU fishing accounts for millions of dollars in lost revenue for Somalia each year, and can contribute to destabilization among coastal communities,

Noting Somalia’s accession to the FAO’s Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, recognizing the projects supported by FAO and UNODC aimed at enhancing the Somalia’s capacity to combat such activities, and stressing the need for States and international organizations to further intensify their support to the Federal Government of Somalia, at its request, in enhancing Somalia’s capacity to combat such activities,

Recognizing the ongoing efforts of the Federal Government of Somalia towards the development of a legal regime for the distribution of fishing licenses, and encouraging further efforts in this regard, with the support of the international community,

Recalling the reports of the Secretary General which illustrate the seriousness of piracy and armed robbery at sea off the coast of Somalia and provide useful guidance for the investigation and prosecution of pirates, including on specialized anti-piracy courts,

Stressing the need for States to consider possible methods to assist the seafarers who are victims of pirates, and welcoming in this regard the efforts of the “Hostage Support Programme” and the Piracy Survivor Family Fund launched at the 2014 CGPCS to provide support to hostages during their release and return home, as well as to their families throughout the hostage situation,

Recognizing the progress made by the CGPCS and UNODC in the use of public information tools to raise awareness of the dangers of piracy and highlight the best practices to eradicate this criminal phenomenon,

Noting efforts by UNODC and UNDP and the funding provided by the Trust Fund, the European Union, the United Kingdom, the United States, and other donors to develop regional judicial and law enforcement capacity to investigate, arrest, and prosecute suspected pirates and to incarcerate convicted pirates consistent with applicable international human rights law,

Bearing in mind the Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden, noting the operations of information-sharing centres in Yemen, Kenya, and Tanzania, recognizing the efforts of signatory States to develop the appropriate regulatory and legislative frameworks to combat piracy, enhance their capacity to patrol the waters of the region, interdict suspect vessels, and prosecute suspected pirates,

Emphasizing that peace and stability within Somalia, the strengthening of State institutions, economic and social development, and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Somalia, and further emphasizing that Somalia’s long-term security rests with the effective development by Somali authorities of the Somali National Army and Somali Police Force,

Welcoming the Padang Communique and Maritime Cooperation Declaration adopted by the Indian Ocean Rim Association (IORA) at its 15th Council of Ministers meeting, which call upon members to support and strengthen cooperation to address maritime challenges including piracy and illegal trafficking of drugs, and welcoming Somalia’s October 2016 signing of the IORA charter to formally become a member State, thereby strengthening Somalia’s cooperation with its neighbours on maritime safety and security,

Recognizing that the ongoing instability in Somalia and the acts of piracy and armed robbery at sea off its coast are inextricably linked, and stressing the need to continue the comprehensive response by the international community to repress piracy and armed robbery at sea and tackle its underlying causes,

Determining that the incidents of piracy and armed robbery at sea off the coast of Somalia, as well as the activity of pirate groups in Somalia, are an important factor exacerbating the situation in Somalia, which continues to constitute a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

“1.   Reiterates that it condemns and deplores all acts of piracy and armed robbery at sea off the coast of Somalia;

“2.   While noting improvements in Somalia, recognizes that piracy exacerbates instability in Somalia by introducing large amounts of illicit cash that fuels additional crime and corruption;

“3.   Stresses the need for a comprehensive response to prevent and suppress piracy and tackle its underlying causes by the international community;

“4.   Underlines the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, welcomes the draft coast guard law which the Somali authorities, with the support of the European Union Naval Force (EUNAVFOR) Operation Atalanta and EUCAP Nestor have submitted to the Council of Ministers for approval by Parliament and urges the Somali authorities, to continue their work to pass a comprehensive set of anti-piracy and maritime laws without further delay and establish security forces with clear roles and jurisdictions to enforce these laws and to continue to develop, with international support as appropriate, the capacity of Somali courts to investigate and prosecute persons responsible for acts of piracy and armed robbery, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attacks;

“5.   Recognizes the need to continue investigating and prosecuting those who plan, organize, or illicitly finance or profit from pirate attacks off the coast of Somalia, including key figures of criminal networks involved in piracy, urges States, working in conjunction with relevant international organizations, to adopt legislation to facilitate prosecution of suspected pirates off the coast of Somalia;

“6.   Calls upon the Somali authorities to interdict, and upon interdiction to have mechanisms in place to safely return effects seized by pirates, investigate and prosecute pirates and to patrol the waters off the coast of Somalia to prevent and suppress acts of piracy and armed robbery at sea;

“7.   Calls upon the Somali authorities to make all efforts to bring to justice those who are using Somali territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at sea, and calls upon Member States to assist Somalia, at the request of Somali authorities and with notification to the Secretary-General, to strengthen maritime capacity in Somalia, including regional authorities and, stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international law, in particular international human rights law;

“8.   Calls upon States to cooperate also, as appropriate, on the issue of hostage taking, and the prosecution of suspected pirates for taking hostages;

“9.   Calls for the immediate and unconditional release of all seafarers held hostage by Somali pirates, and further calls upon the Somali authorities and all relevant stakeholders to redouble their efforts to secure their safe and immediate release;

“10.  Welcomes the initiative of the Seychelles authorities to establish a court for piracy and maritime crime and further welcomes the successful prosecution of piracy cases by this body;

“11.  Recognizes the need for States, international and regional organizations, and other appropriate partners to exchange evidence and information for anti-piracy law enforcement purposes with a view to ensuring effective prosecution of suspected, and imprisonment of convicted, pirates and with a view to the arrest and prosecution of key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance and profit from piracy operations, and keeps under review the possibility of applying targeted sanctions against individuals or entities that plan, organize, facilitate, or illicitly finance or profit from piracy operations if they meet the listing criteria set out in paragraph 43 of resolution 2093 (2013), and calls upon all States to cooperate fully with the Somalia and Eritrea Monitoring Group, including on information-sharing regarding possible violations of the arms embargo or charcoal ban;

“12.  Renews its call upon States and regional organizations that are able to do so to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and international law, by deploying naval vessels, arms, and military aircraft, by providing basing and logistical support for counter-piracy forces, and by seizing and disposing of boats, vessels, arms, and other related equipment used in the commission of piracy and armed robbery at sea off the coast of Somalia, or for which there are reasonable grounds for suspecting such use;

“13.  Highlights the importance of coordination among States and international organizations in order to deter acts of piracy and armed robbery at sea off the coast of Somalia, commends the work of the CGPCS to facilitate such coordination in cooperation with the IMO, flag States, and Somali authorities, and urges continued support of these efforts;

“14.  Encourages Member States to continue to cooperate with Somali authorities in the fight against piracy and armed robbery at sea, notes the primary role of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and decides that, for a further period of twelve months from the date of this resolution to renew the authorizations as set out in paragraph 14 of resolution 2246 (2015) granted to States and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by Somali authorities to the Secretary-General;

“15.  Affirms that the authorizations renewed in this resolution apply only with respect to the situation in Somalia and shall not affect the rights, obligations, or responsibilities of Member States under international law, including any rights or obligations under The Convention, with respect to any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been renewed based on the receipt of the 24 October 2016 letter conveying the consent of Somali authorities;

“16.  Decides that the arms embargo on Somalia imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does not apply to supplies of weapons and military equipment or the provision of assistance destined for the sole use of Member States, international, regional, and subregional organizations undertaking measures in accordance with paragraph 14 above;

“17.  Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorizations in paragraph 14 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State;

“18.  Calls upon all States, and in particular flag, port, and coastal States, States of the nationality of victims and perpetrators of piracy and armed robbery, and other States with relevant jurisdiction under international law and national legislation, to cooperate in determining jurisdiction and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Somalia, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack, consistent with applicable international law including international human rights law, to ensure that all pirates handed over to judicial authorities are subject to a judicial process, and to render assistance by, among other actions, providing disposition and logistics assistance with respect to persons under their jurisdiction and control, such as victims, witnesses, and persons detained as a result of operations conducted under this resolution;

“19.  Calls upon all States to criminalize piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of those convicted, pirates apprehended off the coast of Somalia, and their facilitators and financiers ashore, consistent with applicable international law, including international human rights law, and decides to keep these matters under review, including, as appropriate, the establishment of specialized anti-piracy courts in Somalia with substantial international participation and/or support as set forth in resolution 2015 (2011), and encourages the CGPCS to continue its discussions in this regard;

“20.  Welcomes, in this context, the UNODC Maritime Crime Programme’s continued work with authorities in Somalia and in neighbouring States to ensure that individuals suspected of piracy are prosecuted and those convicted are imprisoned in a manner consistent with international law, including international human rights law;

“21.  Encourages the Federal Government of Somalia to accede to the United Nations Convention Against Transnational Organized Crime, as part of its efforts to target money laundering and financial support structures on which piracy networks survive;

22.  Urges all States to take appropriate actions under their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of its proceeds;

“23.  Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks involved in piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

“24.  Urges all States to ensure that counter-piracy activities, particularly land-based activities, take into consideration the need to protect women and children from exploitation, including sexual exploitation;

“25.  Urges all States to share information with INTERPOL for use in the global piracy database, through appropriate channels;

“26.  Commends the contributions of the Trust Fund and the IMO-funded Djibouti Code of Conduct and urges both state and non-State actors affected by piracy, most notably the international shipping community, to contribute to them;

“27.  Urges States parties to The Convention and the SUA Convention to implement fully their relevant obligations under these conventions and customary international law and to cooperate with the UNODC, IMO, and other States and international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Somalia;

“28.  Acknowledges the recommendations and guidance provided by the IMO on preventing and suppressing piracy and armed robbery at sea; and urges States, in collaboration with the shipping and insurance industries and the IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the waters off the coast of Somalia, and further urges States to make their citizens and vessels available for forensic investigation as appropriate at the first suitable port of call immediately following an act or attempted act of piracy or armed robbery at sea or release from captivity;

“29.  Encourages flag States and port States to further consider the development of safety and security measures on board vessels, including, where applicable, developing regulations for the use of PCASP on board ships, aimed at preventing and suppressing piracy off the coast of Somalia, through a consultative process, including through the IMO and ISO;

“30.  Invites the IMO to continue its contributions to the prevention and suppression of acts of piracy and armed robbery against ships, in coordination, in particular, with the UNODC, the World Food Program (WFP), the shipping industry, and all other parties concerned, and recognizes the IMO’s role concerning privately contracted armed security personnel on board ships in high-risk areas;

“31.  Notes the importance of securing the safe delivery of WFP assistance by sea, and welcomes the ongoing work by the WFP, EUNAVFOR Operation Atalanta, and flag States with regard to Vessel Protection Detachments on WFP vessels;

“32.  Requests States and regional organizations cooperating with Somali authorities to inform the Security Council and the Secretary-General in nine months of the progress of actions undertaken in the exercise of the authorizations provided in paragraph 14 above and further requests all States contributing through the CGPCS to the fight against piracy off the coast of Somalia, including Somalia and other States in the region, to report by the same deadline on their efforts to establish jurisdiction and cooperation in the investigation and prosecution of piracy;

“33.  Requests the Secretary-General to report to the Security Council within eleven months of the adoption of this resolution on the implementation of this resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia;

“34.  Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 14 above for additional periods upon the request of Somali authority;

“35.  Decides to remain seized of the matter.”