ECSA and ICS (the International Chamber of Shipping) have jointly produced an overview of the situation in Flag States worldwide with regard to the legal requirements for the use of Private Armed Guards. The table can be found here.

The use of private armed guards has increased in the recent years and has become a necessity for shipowners to ensure a safe passage through the risky waters of the Gulf of Aden. ECSA welcomes the fact that some Member States, such as Belgium and Italy, have recently adopted legislation which allows vessels flying their flag to use private armed security teams. ECSA also welcomes the fact that in other Member States (such as the Netherlands), political discussions seem to go in the same direction.

Pirate attacks and hijackings off the coast of Somalia have gradually dwindled. The combination of a variety of factors has successfully contributed to the decline of piracy in the Gulf of Aden. Self-protection measures adopted by shipowners, as well as the use of private armed guards, have decreased ships’ vulnerability and made it easier to ward off attacks by armed gangs, while at the same time acting as a deterrent. The presence of international naval units such as EU NAVFOR Atalanta, whose invaluable contribution is highly appreciated by the shipping industry, has also decisively improved the security situation off the coast of Somalia. Criminal prosecution of piracy suspects ensures that this unlawful act will no longer go without punishment. Finally, EU and international reconstruction efforts in Somalia are seeking to address the root causes of piracy and eradicate this phenomenon (either directly or indirectly through spill-over effects).

Nevertheless, the situation is fragile and remains easily reversible. The problem off the coasts of Somalia and the Indian Ocean may have been curtailed, but it remains to this day unsolved. It is absolutely imperative that Member States maintain a military presence in the area through EU NAVFOR ATALANTA, while continuing other medium- and long-term efforts in the region.

ECSA therefore calls upon Members States at the upcoming Foreign Affairs Council of December, to extend the mandate of EU NAVFOR ATALANTA beyond 2014, and at least until 2016.

At the same time, ECSA draws attention to the increasing number of pirate attacks in the Gulf of Guinea. The problem in West Africa is acute, complex and reaches beyond seafarers and shipowners. EU shipowners can no longer resolve the situation themselves and call upon the EU and its Member States for immediate and concrete action. Although long-term solutions must be found on shore, the urgency of the security situation also calls for more immediate and robust action which should not exclude, as a last resort, targeted military action.

ECSA’s detailed position on piracy can be found on http://www.ecsa.eu/news-and-media/news-archive/security