Council Decision (CSFP) 2023/2682 of 27 November 2023 on an assistance measure under the European Peace Facility to support military actors and navies of coastal states involved in maritime security operations in the Gulf of Guinea

• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An assistance measure benefiting the Yaoundé Architecture, Cameroon and Ghana (the ‘beneficiaries’) 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 anti-piracy and maritime security operations and deterrence activities in the Gulf of Guinea by strengthening the capacities of the Yaoundé Architecture and of its member states, notably by enhancing their maritime situational awareness, and by increasing the capacity of selected coastal navies to patrol the high seas, to ultimately reduce the incidence of criminality, and to protect maritime vessels and resources and coastal populations, and their livelihoods.

3.   To achieve the objective set out in paragraph 2, the assistance measure shall finance the following types of equipment and services not designed to deliver lethal force:

(a)

provision of ISR services via a manned aerial asset, for a period of one year; the National Maritime Operations Centre of the Cameroon navy of Douala shall be responsible for receiving, further processing, and sharing the ISR information with the other regional centres and maritime coordination centres of the Yaoundé Architecture via the Yaoundé Architecture Regional Information System;

(b)

support to patrolling vessels of:

(i)

Cameroon, via the provision of intervention speedboats;

(ii)

Ghana, via the provision of naval unmanned air systems for surveillance at sea, engineering materiel for boats services and scuba diving equipment;

(c)

a technical assistant to assist each of the navies of Cameroon and Ghana;

(d)

one naval assistant to liaise with the structures of the Yaoundé Architecture, namely the ICC, CRESMAC, CRESMAO, and the MMCCs of Douala, Cameroon and Accra, Ghana.

4.   The duration of the assistance measure shall be 48 months from the adoption of this Decision.

Article 2 Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 21 000 000.

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 beneficiaries

1.   The High Representative shall make the necessary arrangements with the beneficiaries to ensure their 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 Armed Forces of Cameroon and Ghana 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 or maintained 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 a 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 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 Fundación Internacional y para Iberoamérica de Administración y Políticas Públicas (FIIAPP) – Cooperación Española.

Article 5 Monitoring, control and evaluation

1.   The High Representative shall monitor the compliance by the beneficiaries with 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 supported under the assistance measure.

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

(a)

delivery verification, whereby EPF 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, supplies and services provided under 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 visits, whereby the beneficiary is to grant the High Representative and EPF auditors access to conduct on-site controls and EPF audits, 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 referred to 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.