Council Decision (CFSP) 2022/2245 of 14 November 2022 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces trained by the European Union Military Assistance Mission in support of Ukraine with military equipment, and platforms, designed to deliver lethal force

• CELEX: Decision (CFSP) 2022/2245
• Articles: 8

Article 1 Establishment, objectives, scope and duration

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

2.   The objective of the Assistance Measure is to support the capacity building of the Ukrainian Armed Forces by the European Union Military Assistance Mission in support of Ukraine (EUMAM Ukraine), in order to allow the Ukrainian Armed Forces to defend the territorial integrity and sovereignty of Ukraine as well as to protect the civilian population against the ongoing military aggression.

3.   To achieve the objective set out in paragraph 2, the Assistance Measure shall finance the provision by Member States of:

(a)

ammunition, military equipment, and platforms, designed to deliver lethal force, as required to meet the operational requirements of EUMAM Ukraine; and,

(b)

services, including transportation, custody and maintenance and repair of the items under point (a) made available by Member States, for the training under EUMAM Ukraine.

4.   Upon completion of the training or when EUMAM Ukraine is terminated, the custody of the ammunition, military equipment, and platforms, designed to deliver lethal force, which were provided under the Assistance Measure, shall be transferred back to the beneficiary.

5.   The duration of the Assistance Measure shall be 24 months from the adoption of this Decision.

Article 2 Financial arrangements

1.   The initial financial reference amount intended to cover the expenditure related to the Assistance Measure shall be EUR 16 000 000.

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

3.   In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for operations may call for contributions following the adoption of this Decision, up to EUR 16 000 000. The funds called for by the administrator for operations shall be used only to pay expenditure within the limits approved by the Committee established by Decision (CFSP) 2021/509 in the related amending budget corresponding to the Assistance Measure.

4.   Expenditure related to the implementation of the Assistance Measure shall be eligible from the date of the launch of EUMAM Ukraine.

Article 3 Arrangements with the beneficiary

1.   The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall make the necessary arrangements with the beneficiary to ensure its compliance with international law, in particular international human rights law and international humanitarian law, and with Article 62(2) of Decision (CFSP) 2021/509, 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 Ukrainian Armed Forces supported under the Assistance Measure with relevant international law, in particular international human rights law and international humanitarian law;

(b)

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

(c)

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

(d)

that any assets provided under the Assistance Measure are neither lost, nor transferred at the end of their life-cycle to persons or entities other than those identified in the arrangements referred to in paragraph 1 without the consent of the Facility Committee established under Decision (CFSP) 2021/509.

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, consistent with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.

2.   EUMAM Ukraine shall implement the activities referred to in Article 1(3), relating to the reimbursement and monitoring of the ammunition, military equipment, and platforms, designed to deliver lethal force, provided by Member States.

Article 5 Monitoring, control and evaluation

1.   The High Representative shall monitor the compliance of the beneficiary with its obligations established in accordance with Article 3. That monitoring shall be used to provide awareness of the context and the risks of non-compliance with those obligations, and shall contribute to the prevention of such non-compliance, including violations of international human rights law and international humanitarian law by units of the Ukrainian Armed Forces supported under the Assistance Measure.

2.   The post-shipment control of equipment shall be organised consistent with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.

3.   The High Representative shall conduct a final evaluation upon completion of the Assistance Measure, to assess whether the Assistance Measure contributed to achieving the stated objectives.

Article 6 Reporting

During the period of implementation, the High Representative shall provide the Political and Security Committee (PSC) with six-monthly reports on the implementation of the Assistance Measure, in accordance with Article 63 of Decision (CFSP) 2021/509, as well as a report in good time before the initial financial reference amount has been fully committed. The administrator for operations, with the support of the Mission Commander, 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 available information on the equipment supplied.

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 date of its adoption.