Council Decision (CFSP) 2023/2680 of 27 November 2023 on an assistance measure under the European Peace Facility to support the Somali National Army with military equipment designed to deliver lethal force

Official Journal EN of the European Union L series 2023/2680 28.11.2023 COUNCIL DECISION (CFSP) 2023/2680 of 27 November 2023 on an assistance measure under the European Peace Facility to support the Somali National Army with military equipment 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) Council Decision (CFSP) 2021/509(1) establishes the European Peace Facility (EPF) for the financing by Member States of Union actions under the Common Foreign and Security Policy (CFSP) to preserve peace, prevent conflicts and strengthen international security pursuant to Article 21(2), point (c), of the Treaty. In particular, pursuant to Article 1(2) of Decision (CFSP) 2021/509, the EPF is to be used for the financing of assistance measures such as actions to strengthen the capacities of third States and regional and international organisations relating to military and defence matters. (2) Somalia has been plagued by armed conflict and recurrent humanitarian disasters, which have displaced millions and killed hundreds of thousands. Continued instability has resulted in a long-lasting humanitarian crisis and left the region at risk of becoming a stronghold for terrorism and transnational criminal networks. (3) Ensuring Somalia’s overall stability, sovereignty and territorial integrity, as well as peaceful development, and respect for human rights, in line with the Council Conclusions of 22 January 2018on the Integrated Approach to External Conflicts and Crises, is a key priority for the Union. (4) On 29 October 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request from Somalia for the Union to assist the Somali National Army with the procurement under the EPF of military equipment designed to deliver lethal force. (5) Assistance measures are to be implemented taking into account the principles and requirements set out in Decision (CFSP) 2021/509, in particular compliance with Council Common Position 2008/944/CFSP(2), and in accordance with the rules for the implementation of revenue and expenditure financed under the EPF. (6) The Council reaffirms its determination to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance, in compliance with the United Nations Charter, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law, (1) Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 (OJ L 102, 24.3.2021, p. 14). (2) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99). ELI: http://data.europa.eu/eli/dec/2023/2680/oj 1/4EN OJ L, 28.11.2023 HAS ADOPTED THIS DECISION: Article 1 Establishment, objectives, scope and duration 1. An assistance measure benefiting Somalia (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 support the capacity building of the Somali National Army (SNA) to be trained at the General Dhagabadan Training Centre, with a view to restoring safety and security in the country, and to protecting the civilian population. 3. To achieve the objective set out in paragraph 2, the assistance measure shall finance the provision of ammunition solely for training SNA personnel. 4. The duration of the assistance measure shall be 48 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 1 000 000. 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 beneficiary 1. 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) the compliance of the SNA units 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 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 the beneficiary being found in breach of the obligations set out in paragraph 2. 2/4 ELI: http://data.europa.eu/eli/dec/2023/2680/ojEN OJ L, 28.11.2023 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 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 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 SNA 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 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 objectives stated 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. ELI: http://data.europa.eu/eli/dec/2023/2680/oj 3/4EN OJ L, 28.11.2023 Article 8 Entry into force This Decision shall enter into force on the date of its adoption. Done at Brussels, 27 November 2023. For the Council The President Y. DÍAZ PÉREZ 4/4 ELI: http://data.europa.eu/eli/dec/2023/2680/oj