Council Decision (CFSP) 2024/2840 of 5 November 2024 on an assistance measure under the European Peace Facility to strengthen the capacities of the Navy of the Republic of the Congo in the framework of the Yaoundé Architecture

• CELEX: Decision (CFSP) 2024/2840
• Articles: 8

Article 1 Establishment, objectives, scope and duration

1.   An assistance measure benefiting the Republic of the Congo (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 Congolese Navy, with the aim to strengthen its capacity to patrol the exclusive economic zone of the Republic of the Congo and conduct operational activities, to ultimately reduce the incidence of criminality, protect maritime vessels and resources, 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 not designed to deliver lethal force, and the following services, including technical training, where needed:

(a)

implementation of a resilience plan for the patrol boats, through the provision of training in naval education and equipment for specialised workshops, as well as the restoration of maritime capabilities to operating conditions;

(b)

provision of functional intelligence, surveillance and reconnaissance (ISR) assets for a radio command post, and complementary equipment for the operations and crisis management rooms;

(c)

provision of specialised equipment for visit, board, search and seizure teams and for naval divers.

4.   The duration of the assistance measure shall be 36 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 5 000 000.

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 Congolese Navy 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 or maintained under the assistance measure are not lost, or transferred to persons or entities other than those identified in those arrangements.

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 Défense Conseil International  – DCI Group.

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 Armed Forces of the Republic of the Congo 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 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.