Alfons Guinier - ECSA V ILLA P IGNATELLI, N APLES M ONDAY, 8 TH O CTOBER 2012 SHIPPING AND THE LAW IN THE RECENT AND CURRENT MARKETS PIRACY

ECSA E UROPEAN C OMMUNITY S HIPOWNER ’ S A SSOCIATION  REPRESENTING THE EUROPEAN SHIPPING SECTOR  DAILY CONTACTS WITH EU INSTITUTIONS : COMMISSION, MEMBER STATES (COUNCIL), EUROPEAN PARLIAMENT  EUROPEAN SHIPPING ACTIVE IN ALL SHIPPING SERVICES  EUROPEAN SHIPPING CONTROLLING 40% OF THE GLOBAL MERCHANT FLEET ESTABLISHED IN BRUSSELS

THE EU HAS AN UNIQUE POSITION TO ACT: PIRACY SOMALIA:  DEVELOPMENT AID  POLITICAL POWER  TRADE  MILITARY INVOLVEMENT  THE EU TO TAKE INTERNATIONAL LEADERSHIP IN THE UN.

PIRACY OFF THE COAST OF SOMALIA & GULF OF ADEN  UN SECURITY COUNCIL RESOLUTIONS 1816/1846/1897: ALLOWING NAVAL FORCES TO ACT AGAINST PIRACY IN THE AREA  SEPTEMBER 2008: CREATION OF EU COUNCIL NAVAL COORDINATION CELL  DECEMBER 2008: CREATION OF EU NAVAL FORCE (EU NAVFOR) AND LAUNCHING OF ATALANTA MISSION  WFP ESCORTS & ACTION AGAINST PIRACY  FIRST EU AERO NAVAL OPERATION  OTHER NAVIES AROUND: NATO, CHINA, INDIA, KOREA, ETC  EU MISSION TRAINING SOMALI SECURITY FORCES (EY UTM)  EXTENSION UNTIL END SCOPE

PIRACY AT SEA – ACTIONS POINTS  EU-NAVFOR & OTHER NAVAL FORCES TO BE STRENTHENED WITH MORE RESOUCES AND STRONGER TERMS OF REFERENCE  STATIONING OF VPDs IN THE AREA  IMPROVE ESCORTS OF VULNERABLE VESSELS  BRING PIRATES BEFORE COURT & PENALISE  CREATION OF PIRACY TASK FORCES  COMMITMENT OF MEMBER STATES EU-NAVFOR

EEAS ACTION ( SHORT TERM ACTION )  JUDICIAL INTERNATIONAL COOPERATION:  ASSISTANCE TO UN AGENCIES TO ESTABLISH SUFFICIENT CONDITIONS FOR PIRACY TRIALS IN SOMALIA.  TRANSFER AGREEMENTS WITH COUNTRIES IN THE REGION  ADMISSIBLE EVIDENCE FOR LEGAL ACTION AGAINST MAJOR PIRACY FINANCIERS, NEGOTIATORS AND ORGANISERS

EEAS ACTION (2) ( MEDIUM TERM ACTION )  BUILDING UP REGIONAL CAPACITIES  EUCAP NESTOR CSDP MISSION: BUILD UP REGIONAL MARITIME CAPACITIES;  CRITICAL MARITIME ROUTES PROGRAMME: SECURITY AND SAFETY OF ESSENTIAL MARITIME ROUTES  REGIONAL MARITIME SECURITY PROGRAMME  PILOT PROJECT ON PIRACY, MARITIME AWARENESS AND RISKS  FIGHT AGAINST ILLEGAL, UNREPORTED AND UNREGULATED FISHING IN THE INDIAN OCEAN

EEAS ACTION (3) ( LONG TERM ACTION )  STABILISATION OF SOMALIA:  Development aid;  Humanitarian aid;  Training of Somali security forces (EUTM Somalia);  Financial support and training for AMISOM (the African union peacekeeping mission);  Political dialogue.

BMP B EST M ANAGEMENT P RACTICES  Purpose  Typical Attack Profiles and Lessons Identified  Internationally Recommended Transit Corridor (IRTC)  Gulf of Aden Group Transits  Recommended Best Management Practices Introduction  Prior to Transit - General Planning  Prior to Transit - Voyage Planning  Prior to Transit – Defensive Measures  In Transit – Operations  If Attacked by Pirates  If Boarded by Pirates  In the Event of Military Action  Post Incident Reporting  Updating Best Management Practices

PIRACY AT SEA – PRIVATE ARMED GUARSDS NECESSITY NOW BUT MANY OUTSTANDING ISSUES SUCH AS:  CERTIFICATION OF PRIVATE ARMED GUARDS  LIABILITY ISSUES  PROBLEMS WITH ARMED GUARDS AND WEAPONS ON BOARD OF SHIPS WHEN CALLING PORTS AND/OR TRANSITING TERRITORIAL WATERS.  UN FRAMEWORK NECESSARY (ISO) PRIVATE ARMED GUARDS SHOULD NOT BECOME THE NORM

PIRACY GLOBAL ISSUE ENDANGERING SHIPPING, LIFE OF SEAFARERS, GLOBAL TRADE  SOMALIA GOLF OF ADEN  NIGERIA  INDONESIA  MALACCA STRAITS  SINGAPORTRE STRAITS  SOUTH CHINA SEAS  S.E. ASIAN AND FAR EAST WATERS  BANGLADESH  SOUTH America  ETC

UNCLOS ALL STATES SHALL COOPERATE TO THE FULLEST POSSIBLE EXTENT IN THE REPRESSION OF PIRACY ON THE HIGH SEAS OR IN ANY OTHER PLACE OUTSIDE THE JURISDICTION OF ANY STATE.

THANK YOU EU