Council Decision (CFSP) 2024/2521 of 23 September 2024 on an assistance measure under the European Peace Facility to support the Army of the Republic of North Macedonia

Official Journal EN of the European Union L series 2024/2521 24.9.2024 COUNCIL DECISION (CFSP) 2024/2521 of 23 September 2024 on an assistance measure under the European Peace Facility to support the Army of the Republic of North Macedonia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 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 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) The Union is committed to a close relationship in support of a strong, independent and prosperous North Macedonia, based on the Stabilisation and Association Agreement which was signed in 2001 and entered into force in 2004, and on accession negotiations with North Macedonia which were opened in 2020.

(3) The Union recognises North Macedonia’s contribution to the Union’s common security and defence policy (CSDP), including its participation in CSDP missions and operations and EU battlegroups.

(4) On 21 March 2022, the Union approved the Strategic Compass, with the objective of becoming a stronger and more capable security provider, including through the increased use of the EPF in support of partners’ military and defence capabilities.

(5) In the Brussels Declaration of 13 December 2023, the leaders of the Union and its Member States, in consultation with the Western Balkans leaders, called for the Union to continue to work together with the region to further develop its defence capabilities and capacities, including through the EPF.

(6) On 2 July 2024, the High Representative of the Union for Foreign Affairs and Security Policy received a request from North Macedonia for the Union to enhance the equipment of the Army of the Republic of North Macedonia, with a focus on its Light Infantry Battalion Group.

(7) 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 line with the rules for the implementation of revenue and expenditure financed under the EPF.

(8) 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 Charter of the United Nations, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law,

HAS ADOPTED THIS DECISION:

Article 1 Establishment, objectives, scope and duration

1. An assistance measure benefiting North Macedonia (the ‘beneficiary’) to be financed under the European Peace Facility

(EPF) (the ‘assistance measure’) is hereby established.

(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/2024/2521/oj 1/3EN OJ L, 24.9.2024

2. The objectives of the assistance measure are the following:

(a) to contribute to enhancing the capabilities and capacities of the Army of the Republic of North Macedonia, in order to enhance national and regional security, stability and resilience in the defence sector, in line with the Union’s overall policy on North Macedonia;

(b) to enhance the operational effectiveness of the Army of the Republic of North Macedonia, increase compliance with Union standards, improve interoperability, and thereby better protect the civilian population in crises and emergencies;

(c) to strengthen the capacities of North Macedonia with respect to its participation in the Union’s common security and defence policy missions and operations, and in Union battlegroups.

3. To achieve the objectives set out in paragraph 2, the assistance measure shall finance the following types of equipment

not designed to deliver lethal force:

(a) technologies related to intelligence, surveillance and reconnaissance, electronic warfare, and signal intelligence;

(b) logistics;

(c) engineering equipment;

(d) communication and information systems.

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

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 13 000 000.

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 Army of the Republic of North Macedonia 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 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.

2/3 ELI: http://data.europa.eu/eli/dec/2024/2521/ojEN OJ L, 24.9.2024 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 Army of the Republic of North Macedonia 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 on the inventory, whereby the beneficiary is to report annually 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 objectives 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.

Done at Brussels, 23 September 2024.

For the Council The President Z. FELDMAN

ELI: http://data.europa.eu/eli/dec/2024/2521/oj 3/3