Date: 2022-05-24Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2022/809 of 23 May 2022 amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force
Executive Summary:
This Council Decision amends Decision CFSP 2022/338, increasing the financial reference amount for the assistance measure under the European Peace Facility to EUR 1,840,000,000. This measure supports the supply of military equipment, and platforms designed to deliver lethal force, to the Ukrainian Armed Forces. Expenditure related to the implementation of the Assistance Measure shall be eligible as from 1 January 2022. The decision was made on May 23, 2022.
Key Points / Main Content:
* **Financial Adjustments:**
* The financial reference amount is increased to EUR 1,840,000,000.
* The administrator for assistance measures may call for contributions up to EUR 1,840,000,000 following the adoption of this Decision.
* Funds called shall only be used to pay expenditure within approved limits.
* **Expenditure Eligibility:**
* Expenditure related to the Assistance Measure is eligible from January 1, 2022.
* Maximum eligible expenditure incurred before 11 March 2022 shall be EUR 450 000 000.
* **Amendment to Article 4:**
* Point j in Article 4 is replaced, now including the Ministry of Defence and the Federal Ministry of the Interior and Community of Germany.
Impact Analysis:
Ministry of Defence and the Federal Ministry of the Interior and Community of Germany
* Impact: These entities are now explicitly mentioned in Article 4 of Decision CFSP 2022/338.
* Action Required: These entities should take note of their inclusion.
Ukrainian Armed Forces
* Impact: Continued and increased support through the supply of military equipment and platforms designed to deliver lethal force.
* Action Required: Continue to coordinate with relevant bodies to receive and utilize the provided assistance effectively.
Administrator for assistance measures
* Impact: Is enabled to call for contributions following the adoption of this Decision, up to EUR 1 840 000 000.
* Action Required: Call for contributions to ensure the supply to the Ukrainian Armed Forces of military equipment, and platforms designed to deliver lethal force.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Peace Facility: A fund used to finance the common foreign and security policy of the European Union.
Ukrainian Armed Forces: The military forces of Ukraine.
Russian Federation: A country in Eastern Europe and Northern Asia.
Council Decision CFSP 2022/809: Council Decision amending Decision CFSP 2022/338 on an assistance measure under the European Peace Facility.
Council Decision CFSP 2022/338: Council Decision on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces.
Brussels: The capital of Belgium, where the decision was adopted.
Ministry of Defence of Germany: The government ministry of Germany responsible for defence.
L 145/40 EN Official Journal of the European Union 24.5.2022
DECISIONS
COUNCIL DECISION (CFSP) 2022/809
of 23 May 2022
amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for
the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver
lethal force
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 28 February 2022, the Council adopted Decision (CFSP) 2022/338(1), which established an assistance measure
with a financial reference amount of EUR 450 000 000intended to cover the supply to the Ukrainian Armed Forces
of military equipment, and platforms, designed to deliver lethal force.
(2) On 23 March 2022, the Council adopted Decision (CFSP) 2022/471(2)amending Decision (CFSP) 2022/338, which
increased the financial reference amount to EUR 900 000 000.
(3) On 13 April 2022, the Council adopted Decision (CFSP) 2022/636(3)amending Decision (CFSP) 2022/338, which
further increased the financial reference amount to EUR 1 350 000 000.
(4) In light of the ongoing armed aggression by the Russian Federation against Ukraine, the financial reference amount
should be increased by an additional EUR 490 000 000.
(5) Decision (CFSP) 2022/338 should be amended accordingly,
HAS ADOPTED THIS DECISION
Article 1
Decision (CFSP) 2022/338 is amended as follows:
(1) in Article 2, paragraph 1 is replaced by the following:
‘1. The financial reference amount intended to cover the expenditure related to the Assistance Measure shall be
EUR 1 840 000 000.’;
(2) in Article 2, paragraph 3 is replaced by the following:
‘3. In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for assistance measures may
call for contributions following the adoption of this Decision, up to EUR 1 840 000 000. The funds called by the
administrator for assistance measures shall only be used to pay expenditure within the limits approved by the
Committee established by Decision (CFSP) 2021/509 in the 2022 amending budget and in the budgets for subsequent
years corresponding to the Assistance Measure.’;
(1) Council Decision (CFSP) 2022/338 of 28 February 2022 on an assistance measure under the European Peace Facility for the supply to
the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force (OJ L 60, 28.2.2022, p. 1).
(2) Council Decision (CFSP) 2022/471 of 23 March 2022 amending Decision (CFSP) 2022/338 on an assistance measure under the
European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal
force (OJ L 96, 24.3.2022, p. 43).
(3) Council Decision (CFSP) 2022/636 of 13 April 2022 amending Decision (CFSP) 2022/338 on an assistance measure under the
European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal
force (OJ L 117, 19.4.2022, p. 34).24.5.2022 EN Official Journal of the European Union L 145/41
(3) in Article 2, paragraph 4 is replaced by the following:
‘4. Expenditure related to the implementation of the Assistance Measure shall be eligible as from 1 January 2022
and until a date to be determined by the Council. The maximum eligible expenditure incurred before 11 March 2022
shall be EUR 450 000 000.’;
(4) in Article 4(4), point (j) is replaced by the following:
‘(j) the Ministry of Defence and the Federal Ministry of the Interior and Community of Germany;’.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 May 2022.
For the Council
The President
M. BEK