Council Decision (CFSP) 2024/1794 of 24 June 2024 on an assistance measure under the European Peace Facility to support the Kenya Defence Forces

• CELEX: Decision (CFSP) 2024/1794
• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An assistance measure benefiting Kenya (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 operational capabilities of the Kenya Defence Forces to protect the territorial integrity and sovereignty of Kenya and its civilian population against internal and external threats, secure border areas, and counter increased al-Shabaab operations along the border with Somalia.

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

(a)

tactical unmanned aerial vehicles;

(b)

systems to counter hostile unmanned aerial vehicles;

(c)

systems to defeat improvised explosive devices;

(d)

electronic warfare systems;

(e)

cross-country tactical military vehicles;

(f)

a mobile medical post;

(g)

equipment for naval marine units.

The assistance measure shall also finance related supplies and services, including technical training, where needed.

4.   The duration of the assistance measure shall be 42 months from the date of 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 20 000 000.

2.   All expenditure shall be managed in accordance with Decision (CFSP) 2021/509 and in line with 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)

compliance of the units of the Kenya Defence Forces supported under the assistance measure with relevant international law, in particular international human rights law and international humanitarian law;

(b)

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

(c)

sufficient maintenance of any assets provided under the assistance measure to ensure their usability and operational availability over their life cycle;

(d)

that any assets provided under the assistance measure are not lost, or transferred without the consent of the Facility Committee established by 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 in line with the rules for the implementation of revenue and expenditure financed under the EPF and 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 Defence of Italy, 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 set out in Article 3. That monitoring shall be used to provide awareness of the context and the risks of breaches of the obligations set out in 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 Kenya Defence Forces 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 the EPF auditors access to conduct on-site checks 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 set out 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 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.