Council Decision (EU) 2022/2353 of 1 December 2022 on an assistance measure under the European Peace Facility to strengthen the capacities of the Armed Forces of Bosnia and Herzegovina
Establishment, objectives, scope and duration
1. An assistance measure benefitting Bosnia and Herzegovina (‘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 strengthen the capacities of the AFBiH by enhancing and upgrading the equipment of its tactical support brigade. Through the provision of adequate equipment, the assistance measure will contribute to increasing the AFBiH’s contribution to military CSDP missions and operations, as well as UN peace-keeping operations, while strengthening Euro-Atlantic cooperation, and better protecting civilians.
3. To achieve the objective stated in paragraph 2, the assistance measure shall finance the following types of equipment not designed to deliver lethal force:
(a)
field equipment;
(b)
key tools for military engineering;
(c)
CBRN materiel.
4. The duration of the assistance measure shall be 36 months from the date of conclusion of the contract between the administrator for assistance measures, acting as authorising officer, and the entity referred to in Article 4(2) of this Decision in accordance with Article 32(2), point (a), of Decision (CFSP) 2021/509.
5. The contract for the implementation of the Assistance Measure shall be concluded no earlier than after the adoption of an amendment of the EPF Implementing Rules by the Facility Committee.
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 Decision (CFSP) 2021/509 and the rules for the implementation of revenue and expenditure financed under the EPF.
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)
the compliance of the units of the AFBiH 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 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 that they will not be transferred without the consent of the Facility Committee established under Decision (CFSP) 2021/509 to persons or entities other than those identified in those 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.
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 the Central Project Management Agency (CPMA).
Monitoring, control and evaluation
1. The High Representative shall monitor the compliance of the beneficiary with the obligations established in accordance with Article 3. That monitoring shall be used to provide awareness of the context and the risks of breaches of the obligations established in accordance with Article 3, and to contribute to the prevention of such breaches, including violations of international human rights law and international humanitarian law by units of the AFBiH 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 activities, whereby the beneficiary is to report annually on activities conducted with the equipment, supplies and services provided under the assistance measure 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, 12 months after the delivery of the equipment. This may entail on-site visits to check the equipment, supplies and services delivered under the assistance measure, or any other forms of independently provided information. A final evaluation shall be conducted upon completion of the assistance measure to assess whether the assistance measure has contributed to reaching the stated objectives.
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, including by providing information on the suppliers and subcontractors involved.
Suspension and termination
1. 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.
2. The PSC may recommend that the Council terminate the assistance measure.
Entry into force
This Decision shall enter into force on the date of its adoption.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
