Contributing to implementation of the UN arms embargo on Libya
Article 2
1. EUNAVFOR MED IRINI shall, as its core task, contribute to the implementation of the UN arms embargo on Libya with aerial, satellite and maritime assets. 2. For that purpose, EUNAVFOR MED IRINI shall gather extensive and comprehensive information on the trafficking of arms and related materiel from all directions and share it with relevant partners and agencies on a case-by-case and need-to-know basis through the mechanisms in the relevant planning documents in order to contribute to a full situational awareness in the Area of Operation and in the Area of Interest. Where such information is classified up to ‘SECRET UE/EU SECRET’ level, it may be exchanged with relevant partners and agencies in accordance with Council Decision 2013/488/EU ( 4 ) and based on arrangements concluded at the operational level in accordance with Article 14(9) of this Decision, and in full respect of the principles of reciprocity and inclusiveness. Classified information received shall be handled by EUNAVFOR MED IRINI without any distinction between its staff and solely on the basis of operational requirements. 3. In accordance with the relevant UNSCRs, in particular UNSCR 2292 (2016), and as required, EUNAVFOR MED IRINI shall carry out, in accordance with the arrangements set out in the planning documents, and within the agreed Area of Operation on the high seas off the coast of Libya, inspections of vessels bound to or from Libya where there are reasonable grounds to believe that such vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the arms embargo on Libya. EUNAVFOR MED IRINI shall take relevant action to seize and dispose of such items, including with a view to diverting such vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, in accordance with relevant UNSCRs including UNSCR 2292 (2016). 4. EUNAVFOR MED IRINI shall report to the PSC on all issues and events related to such inspections. The PSC may consider any subsequent measures, as appropriate. 5. In view of the exceptional operational requirements, and upon invitation from a Member State, EUNAVFOR MED IRINI may divert vessels to ports of that Member State and dispose within that Member State of arms and related materiel seized in accordance with paragraph 3, including by storage and destruction. The ports to which vessels may be diverted shall be designated in the Operations Plan. 6. In accordance with relevant UNSCRs, including UNSCR 2292 (2016), EUNAVFOR MED IRINI may, in particular in the course of inspections carried out in accordance with paragraph 3, collect and store evidence related to the carriage of items prohibited under the arms embargo on Libya. EUNAVFOR MED IRINI may collect and store, in accordance with applicable law, personal data concerning persons involved in the carriage of such prohibited items related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex, place of residence, profession and whereabouts; driving licenses, identification documents and passport data. EUNAVFOR MED IRINI may transmit such data as well as data related to the vessels and equipment used by such persons, and the relevant information acquired while carrying out this core task, to the relevant law enforcement authorities of Member States and to competent Union bodies in accordance with applicable law.