Council Decision (CFSP) 2021/2135 of 2 December 2021 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces

• CELEX: Decision (CFSP) 2021/2135
• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An assistance measure benefiting the Republic of Ukraine (the ‘beneficiary’) to be financed under the European Peace Facility (EPF) (the ‘Assistance Measure’) is hereby established.

2.   The objective of the Assistance Measure is to contribute to strengthening the capacities of the Ukrainian Armed Forces (UAF), including their ability to provide their respective services to civilians, including persons belonging to national minorities, in crises or emergency situations, as well as to enhance Ukraine’s capacity to contribute to CSDP military missions and operations.

3.   To achieve the objective set out in paragraph 2, the Assistance Measure shall finance the delivery of equipment not designed to deliver lethal force to the UAF to strengthen the capacities of the UAF with respect to its:

(a)

military medical units (including field hospitals);

(b)

engineering units (including demining);

(c)

mobility and logistics units; and

(d)

cyber defence units.

4.   The duration of the Assistance Measure shall be 36 months from the date of conclusion of the first agreement between the administrator for assistance measures acting as authorising officer and an entity referred to in Article 4(2) of this Decision in accordance with Article 32(2), point (a), of Decision (CFSP) 2021/509.

Article 2 Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the Assistance Measure shall be a maximum of EUR 31 000 000. In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for assistance measures may call for contributions following the adoption of this Decision, up to EUR 27 900 000. The funds called by the administrator for assistance measures shall only be used to pay expenditure within the limits approved by the Committee established by Decision (CFSP) 2021/509 in the 2021 amending budget corresponding to this Assistance Measure.

2.   All expenditure shall be managed in accordance with Decision (CFSP) 2021/509 and the rules for the implementation of revenue and expenditure financed under the EPF.

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 units of the UAF supported under the Assistance Measure 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 be 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 set out in paragraph 2.

Article 4 Implementation

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

2.   The implementation of the activities referred to in Article 1(3) shall be carried out by:

(a)

the Lithuanian Central Project Management Agency (CPMA) as regards Article 1(3), points (a), (b) and (c); and

(b)

the Estonian e-Government Academy (eGA) as regards Article 1(3), point (d).

Article 5 Monitoring, control and evaluation

1.   The High Representative shall ensure that the respect of the obligations established in accordance with Article 3 by the beneficiary is monitored. This monitoring shall provide awareness of the context and risks of breaches of the obligations established in accordance with Article 3, and shall contribute to the prevention of such breaches, including violations of international human rights and international humanitarian law by units of the UAF supported under the Assistance Measure.

2.   The post-shipment control of equipment and supplies shall be organised as follows:

(a)

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

(b)

reporting on the inventory, whereby the beneficiary is to report annually on the inventory of designated items until such reporting is no longer deemed necessary by the Political and Security Committee (PSC);

(c)

on-site control, whereby the beneficiary is to grant the High Representative access to conduct on-site control upon request.

3.   The High Representative shall conduct an evaluation, in the form of a structured first assessment of the Assistance Measure, 6 months after the first delivery of equipment. This may entail on-site visits to control the equipment, supplies and services delivered under the Assistance Measure, or any other effective forms of independently provided information. A final evaluation shall be conducted upon completion of the delivery of equipment, supplies and services under the Assistance Measure to assess whether the Assistance Measure has contributed to reaching the stated objectives.

Article 6 Reporting

During the period of implementation, the High Representative shall provide the PSC with 6-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 on the implementation of revenue and expenditure in accordance with Article 38 of that Decision, including by providing information on the suppliers and subcontractors involved.

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 PSC may also recommend that the Council terminate the Assistance Measure.

Article 8 Entry into force

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