Council Decision (CFSP) 2024/2846 of 5 November 2024 amending Decision (CFSP) 2021/509 establishing a European Peace Facility

Official Journal EN of the European Union L series 2024/2846 6.11.2024 COUNCIL DECISION (CFSP) 2024/2846 of 5 November 2024 amending Decision (CFSP) 2021/509 establishing a European Peace Facility THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 28(1), Article 41(2), Article 42(4) and Article 30(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) The Strategic Compass for Security and Defence, approved by the Council on 21 March 2022, called for a re-assessment by 2023 of the scope and definition of common costs to enhance solidarity and stimulate participation in military missions and operations, as well as exercise-related costs, also in view of proposals regarding the EU Rapid Deployment Capacity. (2) The Political and Security Committee discussed related policy proposals for the re-assessment during 2023 and 2024. (3) The Council, in its conclusions adopted on 27 May 2024, recalled the commitment to expand and extend the scope of common costs for EU military missions and operations, exercises, and the EU Rapid Deployment Capacity, and looked forward to its operationalisation as soon as possible. (4) Council Decision (CFSP) 2021/509 (1) should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Decision (CFSP) 2021/509 is amended as follows: (1) Article 4, point (g), is replaced by the following: ‘(g) “exercise” means a Union military CSDP exercise or the military component of a civilian CSDP exercise, agreed in the EU Programme of Exercises and Exercise-Related Activities under the CFSP and conducted in accordance with the Exercise Policy of the European Union under the CFSP.’; (2) Article 44, paragraph 7, is replaced by the following: ‘7. In addition to its power under point (c) of paragraph 2, the Committee may decide on a case-by-case basis that, in view of particular circumstances, certain incremental costs other than those listed in Annexes II to V shall be regarded as common costs for a given operation.’; (3) Article 45 is replaced by the following: ‘Article 45 Exercises 1. The common costs of the Union’s exercises shall be financed through the Facility following the rules and procedures similar to those for operations to which all Member States contribute, and up to an amount to be decided by the Committee for each type of exercise, in particular for the EU Rapid Deployment Capacity (EU RDC), taking into account the agreed EU Programme of Exercises and Exercise-Related Activities under the CFSP. This amount may be exceeded on a case-by-case basis, if allowed by the Committee when approving the budget of an exercise. 2. Subject to paragraph 3, these exercise common costs shall be the costs included in Annex IV applicable to the type of operation simulated in the exercise. (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). ELI: http://data.europa.eu/eli/dec/2024/2846/oj 1/3EN OJ L, 6.11.2024 3. For the following expenditure, exercise common costs referred to in paragraph 2 shall cover: (a) minor and temporary works for deployment/temporary infrastructure: expenditure absolutely needed for the temporary headquarters and forces participating in the exercise to achieve its objective, if approved by the Committee; (b) the planning and preparatory phase of exercises, including essential training necessary for the exercise, in particular training for operators of the EU Deployable Packages and for financial experts designated to participate in the exercise; (c) transport for deployment and redeployment to and from the theatre of operations for EU RDC exercises (including EU Battlegroups, strategic enablers and modules), under the conditions set out in Annex IV, Part A, paragraph 3 related to EU RDC operations up to an amount in line with the most cost-effective option, according to the decision of the Committee. The decision by the Committee shall be made taking into account the applicable strategic orientation discussion in the PSC, focusing on operational and financial aspects, and in time to be duly considered in the force generation process of the exercise. 4. The Committee may decide on a case-by-case basis that, in view of particular circumstances, certain incremental costs other than those referred to in this Article shall be regarded as common costs for a given exercise, in particular for the EU RDC.’; (4) in Annex IV, PART A, under heading 2: (a) point (c) is replaced by the following: ‘(c) Medical services and facilities: emergency medical evacuations (Medevac) and in response to pandemics. Role 2 and 3 services and facilities at theatre operational element level, such as airports and disembarkation ports approved in the OPLAN. Role 1 services and facilities for non-executive military missions.’; (b) the following point is added: ‘(e) Force protection and essential security services: accommodation of the force protection teams made available for non-executive military missions.’; (5) Annex IV, PART A, heading 3 is replaced by the following: ‘3. Incremental costs specific for the EU Rapid Deployment Capacity, including the EU Battlegroup, strategic enablers and modules. The costs defined below are those incurred in addition as a consequence of the EU Rapid Deployment Capacity deployment and redeployment to and from the theatre of operations: (a) Transport costs of deployment: incremental transport costs for land, sea and air deployment of an EU Rapid Deployment Capacity at short notice to the joint area of operations in accordance with the EU Rapid Deployment Capacity Framework included in the EU Military Rapid Response Concept and on the basis of Act of the Special Committee of 29 May 2012 and the applicable Flat Rates of Reimbursement for the deployment of EU Battlegroups (document 11806/12, as approved by the Council on 4 October 2012), that shall also be applicable to the strategic enablers and modules deployed. Land and sea costs for deployment of an EU Rapid Deployment Capacity shall qualify as common costs only where this is the more cost-effective option and on condition that they allow the required deployment timelines for the EU Rapid Deployment Capacity to be met. (b) Running costs: incremental costs for services absolutely needed for the direct support to the EU Rapid Deployment Capacity deployment at air and/or maritime entry points and logistical and assembly areas, in particular but not limited to secured storage of equipment and materiel, Role 1 services and facilities, sleeping accommodation, sanitation (washing, shower, toilets), dining facilities, waste disposal, general engineer support. (c) Deployment readiness package: incremental costs for food, water and fuel for up to 10 days of supply for the deployment of the EU Rapid Deployment Capacity as a whole, as approved in the OPLAN. (d) Transport costs of redeployment: incremental costs of transport of the personnel in the EU Rapid Deployment Capacity, from the theatre of operations by land, sea or air to redeploy. Only the more cost-effective transport option will be taken into account as common costs.’; (6) in Annex IV, PART C: (a) point (a) is replaced by the following: ‘(a) Barracks, lodging/infrastructure and office space: expenditure for acquisition, rental or refurbishing of premises in the theatre of operations (buildings, shelters, tents), as necessary for the forces deployed for the operation.’; 2/3 ELI: http://data.europa.eu/eli/dec/2024/2846/ojEN OJ L, 6.11.2024 (b) point (f) is replaced by the following: ‘(f) Transport costs of redeployment: incremental costs of transport of equipment of the EU Rapid Deployment Capacity, including the EU Battlegroup, strategic enablers and modules, from the theatre of operations by land, sea or air to redeploy. Only the more cost-effective transport option will be taken into account as common costs.’; (c) the following points are added: ‘(i) Essential additional equipment, in particular related to security (such as gates, watch towers, access road, fences), and basic refurbishment of training facilities in the theatre of operations, necessary for the forces deployed for non-executive military missions. (j) Transportation within the theatre of operations for the forces deployed for non-executive military missions, including for the force protection teams.’. Article 2 This Decision shall enter into force on the date of its adoption. Done at Brussels, 5 November 2024. For the Council The President VARGA M. ELI: http://data.europa.eu/eli/dec/2024/2846/oj 3/3