Status of Union-led units and personnel
Article 1
Open ↗Decision (CFSP) 2022/1968 is amended as follows: (1) Article 1 is amended as follows: (a) in paragraph 3, the following points are added: ‘(e) a structured and robust mechanism for lessons identified and lessons learned, complementing and reinforcing training efforts, to systematically capture, analyse and disseminate lessons from the battlefield; (f) advisory and educational activities to support Ukraine’s defence reform agenda based on Ukraine’s requests; the areas to be covered by those activities shall include Ukraine’s Ministry of Defence human capital reforms, with an initial focus on the modernisation of professional military education.’ ; (b) paragraph 5 is replaced by the following: ‘5. EUMAM Ukraine shall operate in the territory of the Member States, as well as, exclusively for the purpose of direct coordination and of carrying out the tasks set out in Article 1(3), points (e) and (f), in the territory of Ukraine.’ ; (2) in Article 5, paragraph 1 is replaced by the following: ‘1. Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUMAM Ukraine. The Council hereby authorises the PSC to take relevant decisions in accordance with Article 38 of the Treaty on European Union (TEU). That authorisation shall include the powers to amend the planning documents of EUMAM Ukraine, including the Mission Plan, and the Chain of Command. That authorisation shall also include the powers to take decisions on the appointment of the EU Commanders, namely the Combined Arms Training Commander, the Special Training Commander, and any other EU Training Commanders. The powers of decision with respect to the objectives and termination of EUMAM Ukraine shall remain vested in the Council. The decisions of the PSC regarding the appointment of the EU Commanders shall be published in the Official Journal of the European Union .’ ; (3) Article 7 is amended as follows: (a) paragraphs 3 and 4 are replaced by the following: ‘3. EUMAM Ukraine shall coordinate its activities with Member States’ bilateral activities in support of Ukraine, as well as with other like-minded international partners, in particular the United States of America (USA), the United Kingdom of Great Britain and Northern Ireland (UK), Canada, Norway, the Coalition of the Willing (CotW) and the Multinational Force Ukraine (MNF-U). 4. EUMAM Ukraine shall cooperate with NATO, in particular NATO Security Assistance and Training for Ukraine (NSATU), the NATO Representation to Ukraine (NRU) and the Joint Analysis, Training and Education Centre (JATEC), in full respect of the principles of transparency, reciprocity and inclusiveness, as well as the decision-making autonomy and procedures of both organisations.’ ; (b) the following paragraph is added: ‘5. To facilitate local coordination, EUMAM Ukraine shall maintain a presence in Ukraine to ensure direct and effective contact with the Ukrainian military authorities, the UAF and like-minded international partners to ensure that the Union’s training continues to evolve in line with the UAF’s needs.’ ; (4) Article 9 is replaced by the following: ‘Article 9 Status of Union-led units and personnel The Union’s Status of Forces Agreement (EU SOFA) shall apply to Union-led units and personnel deployed in the territory of the Member States. The status of EUMAM Ukraine and its personnel in Ukraine, including the privileges, immunities and further guarantees necessary for the completion and smooth functioning of their mission, shall be the subject of an agreement concluded by the Union with Ukraine pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU).’ ; (5) Article 11 is amended as follows: (a) in paragraph 2, point (b) is replaced by the following: ‘(b) the following incremental costs are to be funded in common by the EPF: (i) operational costs for support to the UAF trainees and trainers (transportation from the Ukrainian border to the training facilities and return, and on, around and between training facilities; real life support; medical support and evacuations); (ii) operational costs necessary for the training activities (petroleum, oil and lubricants, maintenance of vehicles used in training; interpreters; and personal training kits, where not provided by Ukraine); (iii) operational costs necessary for the co-financing of partnership programmes aimed at facilitating the cooperation between Member States’ training centres and Ukraine’s training centres; the criteria for co-financing shall be established by the European Peace Facility Committee.’ ; (b) the following paragraph is added: ‘7. The financial reference amount for the common costs of EUMAM Ukraine for the period from 16 November 2026 to 15 November 2028 shall be EUR 292,6 million. The percentage of the reference amount referred to in Article 51(2) of Decision (CFSP) 2021/509 shall be 0 % for commitments and 0 % for payments.’ ; (6) in Article 13, paragraph 2 is replaced by the following: ‘2. The HR shall also be authorised to release to Ukraine, the USA, the UK, Canada, Norway, NSATU, the NRU, JATEC, the CotW and the MNF-U, in accordance with the operational needs of EUMAM Ukraine, EU classified information up to “RESTREINT UE/EU RESTRICTED” level which are generated for the purposes of EUMAM Ukraine, in accordance with Decision 2013/488/EU. The necessary arrangements between the HR and the competent authorities of Ukraine, NSATU, the NRU, JATEC, the CotW and the MNF-U shall be drawn up for that purpose.’ ; (7) in Article 14, paragraphs 1 and 2 are replaced by the following: ‘1. This Decision shall enter into force on the date of its adoption. It shall apply until 15 November 2028. 2. A strategic review of EUMAM Ukraine shall be conducted in good time before the expiry of this Decision. EUMAM Ukraine’s activities in Ukraine shall be subject to a thorough and continuous assessment, to be set out in EUMAM Ukraine’s operational documents.’.