Council Decision (EU) 2021/1923 of 4 November 2021 on an Assistance Measure under the European Peace Facility to support capacity building for the Armed Forces of Bosnia and Herzegovina

• CELEX: Decision (EU) 2021/1923
• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An Assistance Measure benefiting the Ministry of Defence of Bosnia and Herzegovina (the ‘beneficiary’) is hereby established, to be financed under the European Peace Facility.

2.   The objective of the Assistance Measure is to enhance and upgrade the capabilities of the Demining Battalion of the AFBiH through the provision of adequate equipment. This will contribute to enabling Bosnia and Herzegovina to protect its civilian population better and increase the AFBiH’s contribution to military CSDP operations and missions, while strengthening Euro-Atlantic cooperation and cooperation with the United Nations by enhancing and upgrading the capabilities of the Demining Battalion of the AFBiH.

3.   To achieve the objective referred to in paragraph 2, the Assistance Measure shall finance the following types of equipment:

(a)

Mobility: 34 (4×4) transportation vehicles;

(b)

Support: 34 (4×4) medical vehicles;

(c)

Technology: 150 metal detectors.

4.   The duration of the Assistance Measure shall be 30 months from the adoption of this Decision.

Article 2 Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the Assistance Measure shall be EUR 10 000 000.

2.   All expenditure shall be managed in accordance with the rules for the implementation of revenue and expenditure financed under the EPF.

3.   Expenditure under the Assistance Measure shall be eligible for financing for 48 months from the adoption of this Decision.

Article 3 Arrangements with the beneficiary

1.   The High Representative shall make the necessary arrangements with the beneficiary to ensure its compliance with the requirements and conditions established by this Decision, as a condition for the provision of support under the Assistance Measure.

2.   The arrangements referred to in paragraph 1 shall include provisions obliging the beneficiary to ensure:

(a)

compliance of the Demining Battalion of the AFBiH with relevant international law, in particular international human rights and international humanitarian law;

(b)

proper and efficient use of any assets provided under the Assistance Measure for the purposes for which they were provided;

(c)

sufficient maintenance of any assets provided under the Assistance Measure to ensure their usability and their operational availability over their life-cycle;

(d)

that any assets provided under the Assistance Measure will not be lost, or transferred without the consent of the Facility Committee established under Decision (CFSP) 2021/509 to persons or entities other than those identified in the arrangements, at the end of their life-cycle.

3.   The arrangements referred to in paragraph 1 shall include provisions on the suspension and termination of support under the Assistance Measure in the event of the beneficiary being found in breach of the obligations provided for in paragraph 2.

Article 4 Implementation

The High Representative shall be responsible for ensuring the implementation of this Decision in accordance with Decision (CFSP) 2021/509 and the rules for the implementation of revenue and expenditure financed under the EPF, and in line with the Integrated Methodological Framework for assessing and identifying the required measures and controls for Assistance Measures under the EPF.

Article 5 Monitoring, control and evaluation

1.   The High Representative shall ensure the monitoring of the beneficiary’s respect for the obligations provided for in Article 3. That monitoring shall provide awareness of the context and risks of breaches of the obligations provided for in Article 3 and contribute to the prevention of such breaches, including violations of international human rights and international humanitarian law by units of the AFBiH supported under the Assistance Measure.

2.   Post-shipment control of equipment shall be organised as follows:

(i)

delivery verification, whereby EPF Assistance Measure delivery certificates are to be signed by the end-user forces upon the transfer of ownership;

(ii)

on-site control, whereby the beneficiary shall grant the High Representative the possibility to conduct on-site control at the latter’s request.

3.   The High Representative shall conduct a first assessment of the Assistance Measure 18 months after the delivery of the equipment. Where necessary, this may entail an on-site visit of the delivered equipment. A final evaluation shall be conducted upon completion of the Assistance Measure. It shall include a broader lessons learned exercise.

Article 6 Reporting

During the period of implementation, the High Representative shall provide the PSC with six-monthly reports on the implementation of the Assistance Measure in accordance with Article 63 of Decision (CFSP) 2021/509. The administrator for assistance measures shall regularly inform the Facility Committee established by Decision (CFSP) 2021/509 of the implementation of revenue and expenditure, in accordance with Article 38 of that Decision.

Article 7 Suspension and termination

The PSC may decide to suspend wholly or partially the implementation of the Assistance Measure in accordance with Article 64 of Decision (CFSP) 2021/509.

The Political and Security Committee may also recommend that the Council terminate the Assistance Measure.

Article 8 Entry into Force

This Decision shall enter into force on the date of its adoption.