Council Decision (CFSP) 2023/509 of 7 March 2023 on an assistance measure under the European Peace Facility to support the Nigerien Armed Forces in conjunction with the EU military partnership mission in Niger

• CELEX: Decision (CFSP) 2023/509
• Articles: 8

Article 1 Establishment, objective, scope and duration

1.   An assistance measure benefiting the Republic of Niger (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 enhance the military capacity of the Nigerien Armed Forces ( Forces armées nigériennes – FAN) in conjunction with the European Union military partnership mission in Niger (EUMPM Niger) to defend the territorial integrity and sovereignty of Niger and to better protect the civilian population against the mounting terrorist threat.

3.   To achieve the objective set out in paragraph 2, the assistance measure shall support the creation of a signal and command support battalion ( bataillon de transmissions et d’appui au commandement – BTAC) in the Tillabéry region and shall finance:

(a)

the provision of the following types of equipment not designed to deliver lethal force:

(i)

ground mobility assets, such as signal vehicles, rapid response vehicles and hard-skin vehicles;

(ii)

surveillance equipment, including ground surveillance radar and surveillance Unmanned Air Vehicles (UAVs);

(iii)

IT and communication equipment or systems, or both;

(iv)

countermeasures equipment, such as Counter Improvised Explosive Devices (counter-IED) equipment and Counter Unmanned Air Vehicles (counter-UAV) systems; and

(b)

the provision of the following infrastructure:

(i)

warehouses;

(ii)

a command building;

(iii)

barracks.

4.   The duration of the assistance measure shall be 36 months from the date of conclusion of the contract signed by the administrator for assistance measures, acting as authorising officer, 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 EUR 40 000 000.

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 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 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 FAN supported under the assistance measure with relevant international law, in particular international human rights law and international humanitarian law as well as the commitment of the Nigerien government to enhance the fight against corruption;

(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 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.

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 Italian Ministry of Defence through its Agenzia Industrie Difesa .

Article 5 Monitoring, control and evaluation

1.   The High Representative shall monitor the compliance by the beneficiary with the obligations established in accordance with Article 3. This monitoring shall provide awareness of the context and the 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 law and international humanitarian law by the units of the FAN 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, whereby the beneficiary is to report annually on the activities conducted with the equipment provided by the assistance measure and on the inventory of designated items until such reporting is no longer deemed necessary by the Political and Security Committee (PSC);

(c)

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

3.   The High Representative shall conduct a final evaluation upon completion of the assistance measure to assess whether the assistance measure has contributed to reaching the objective stated in Article 1(2).

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 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.