– CHECK AGAINST DELIVERY –

*In accordance with Resolution 65/276 (Participation of the European Union in the work of the United Nations).

Ms./Mr. Chairperson,

1. The European Union has the honour to address the Sixth Committee on the topic of the prevention and repression of piracy and armed robbery at sea, which was considered by the International Law Commission (ILC) and which is discussed in Chapter VI of its report.

2. It refers to the draft Articles provisionally adopted by the ILC at its seventy-fourth session, on the definitions of piracy and of armed robbery at sea, as well as to the corresponding commentaries also provisionally adopted by the Commission.

3. The European Union welcomes the work undertaken by the ILC on the draft Articles and on their commentaries. It builds on a strong body of international law, reflected in particular

• in Article 101 of the United Nations Convention on the Law of the Sea, regarding the definition of piracy, and
• in paragraph 2.2 of the Annex to Resolution A.1025(26) of the International Maritime Organisation on IMO’s Code of Practice for the investigation of the crimes of piracy and armed robbery against ships, regarding the definition of armed robbery at sea.

4. The ILC envisages to clarify and build upon existing frameworks and academic studies, as well as to identify new issues of common concern. In that context, it is important that elements of definition, which could trigger questions of interpretation or application are addressed, in view of the evolving nature of modern piracy, including the consequences of technological developments.

5. The European Union welcomes that the Special Rapporteur has considered the law and practice of the European Union and its Member States in his first report. Indeed, the European Union is actively contributing to the fight against piracy and armed robbery at sea. As identified in the European Union Strategic Compass of March 2022 and its Maritime Security Strategy, criminal activities such as piracy undermine maritime security. Piracy and armed robbery at sea constitute evolving security threats, which require actions guided by a cross-sectoral approach, respect for international law and maritime multilateralism.

6. On 25 January 2021, the European Union launched the first pilot of the new Coordinated Maritime Presences concept in the Gulf of Guinea off the coast of West Africa, thereby strengthening its role as a global maritime security provider, in close cooperation with our African partners of the organisation of the Yaoundé Architecture, supporting their objective to tackle piracy and criminal activity at sea.

7. In its Resolution 2383 of 7 November 2017, as in several other ones, the Security Council commended, amongst others, the efforts of the Naval Operation EUNAVFOR ATALANTA. As reflected in the First Report of the Special Rapporteur, its mission is to suppress piracy and to protect ships cruising off the coast of Somalia. The Security Council also welcomed and encouraged, notably, the European Union’s activities under the EU Capacity Building Mission in Somalia, which assists Somalia in strengthening its maritime security capacity in order to enable it to enforce maritime law more effectively. It then noted efforts by several actors, including the European Union, 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.

8. EU NAVFOR ATALANTA is the European Union longest running naval operation. Over the past 15 years, EU NAVFOR ATALANTA has demonstrated effectiveness and dedication to achieve its objectives throughout the area of operations, notably with 171 suspected pirates transferred to regional authorities in view of their prosecution.

9. The transfer agreements concluded between the European Union and regional States eager to contribute to the fight against piracy, namely Kenya, the Republic of Seychelles, the Republic of Mauritius and the United Republic of Tanzania were instrumental in that regard. We also commend regional initiatives under the African Union, the East African Community, the Southern Africa Development Community, the Djibouti Code of Conduct and the Regional Maritime Security and anti-piracy Strategy adopted in Mauritius in 2010. We welcome the fact that the First Report of the Special Rapporteur also acknowledges the cooperation between the European Union and coastal States in that regard.

Ms/Mr Chairperson,

10. In conclusion, the European Union congratulates the ILC, and in particular Special Rapporteur Mr. Yacouba Cissé, for the timely work undertaken on a matter that is of very high importance for the whole international community and the future generations. The European Union looks forward to the continuation of the work of the ILC on this topic. As described in its work programme, three further reports until the completion of the draft Articles on second reading in 2027 are foreseen. The Special Rapporteur will in its second report focus on regional and subregional practices and initiatives for combating piracy and armed robbery at sea, and the European Union stands ready to contribute to that work.

11. In view of the importance of the matter, the European Union will continue engaging in further debates on it in the Sixth Committee.

Thank you for your attention.