Council Decision (CFSP) 2022/2354 of 1 December 2022 on an assistance measure under the European Peace Facility to support the deployment of the Rwanda Defence Force in Mozambique

• CELEX: Decision (CFSP) 2022/2354
• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An assistance measure benefiting the Republic of Rwanda (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 support the continued deployment of units of the Rwanda Defence Force in Mozambique’s northern province of Cabo Delgado in order to extend, protect and sustain the territorial and tactical gains they have made so far. This should ensure the security and the protection of the civilian population in Mozambique’s northern provinces and facilitate the return of law enforcement agencies and of other accountable state structures that deliver services for the benefit of the population.

3.   To achieve the objective set out in paragraph 2, the assistance measure shall contribute to supporting the deployment of the Rwanda Defence Force units referred to in that paragraph. The assistance measure shall not be used for the supply of military equipment, or platforms, designed to deliver lethal force.

4.   The duration of the assistance measure shall be 20 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.

Article 2 Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 20 000 000.

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.

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 that:

(a)

financing provided under the assistance measure shall be used exclusively in support of the deployment of the Rwanda Defence Force in Mozambique;

(b)

financing provided under the assistance measure shall not be used to acquire military equipment or platforms designed to deliver lethal force, or to pay salaries or allowances of the Rwanda Defence Force troops;

(c)

the Rwanda Defence Force troops supported under the assistance measure shall respect and fully comply with relevant international law, in particular international human rights law and international humanitarian law;

(d)

the beneficiary shall actively monitor, follow up on and prosecute any violations of relevant international law, in particular international human rights law and international humanitarian law, by the Rwanda Defence Force troops supported under the assistance measure;

(e)

the beneficiary shall regularly provide reports on the Rwanda Defence Force deployment in Cabo Delgado during the period of support;

(f)

the beneficiary shall agree to bilateral strategic dialogues with the European External Action Service (EEAS) on the basis of this regular reporting;

(g)

at least three months prior to the completion of the Rwanda Defence Force deployment in Mozambique, the beneficiary will submit for approval by the High Representative arrangements regarding the handover to the Mozambican Armed Forces of collective equipment.

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.

4.   The High Representative shall only grant the approval mentioned in paragraph 2, point (g), after verifying that the collective equipment to be handed over corresponds, taking into account its initial value, to the amount spent under this assistance measure on collective equipment.

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, in line 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 Ministry of Finance and Economic Planning of the Republic of Rwanda.

Article 5 Monitoring, control and evaluation

1.   The High Representative shall monitor the respect by the beneficiary of the obligations set out in Article 3. This 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 the units of the Rwanda Defence Force supported under the assistance measure.

2.   The High Representative shall conduct a final evaluation at the end of the implementation period to assess whether the assistance measure has contributed to achieving the stated objectives. This may entail on-site visits or any other effective forms of independently provided information.

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. At the relevant time, the High Representative shall inform the PSC on the arrangements made in accordance with Article 3 (2), point (g). 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

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 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.