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Document 02022D0338-20230413

Consolidated text: 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

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ELI: http://data.europa.eu/eli/dec/2022/338/2023-04-13

02022D0338 — EN — 13.04.2023 — 007.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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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 060 28.2.2022, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION (CFSP) 2022/471 of 23 March 2022

  L 96

43

24.3.2022

 M2

COUNCIL DECISION (CFSP) 2022/636 of 13 April 2022

  L 117

34

19.4.2022

 M3

COUNCIL DECISION (CFSP) 2022/809 of 23 May 2022

  L 145

40

24.5.2022

►M4

COUNCIL DECISION (CFSP) 2022/1285 of 21 July 2022

  L 195

93

22.7.2022

 M5

COUNCIL DECISION (CFSP) 2022/1971 of 17 October 2022

  L 270

95

18.10.2022

►M6

COUNCIL DECISION (CFSP) 2023/230 of 2 February 2023

  L 32

62

3.2.2023

►M7

COUNCIL DECISION (CFSP) 2023/810 of 13 April 2023

  L 101

64

14.4.2023


Corrected by:

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Corrigendum, OJ L 109, 8.4.2022, p.  74 (2022/338)



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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



Article 1

Establishment, objectives, scope and duration

1.  
An assistance measure benefitting Ukraine (the ‘beneficiary’) is hereby established, to be financed under the European Peace Facility (EPF) (the ‘Assistance Measure’).
2.  
The objective of the Assistance Measure is to contribute to strengthening the capabilities and resilience of the Ukrainian Armed Forces to defend the territorial integrity and sovereignty of Ukraine and protect the civilian population against the ongoing military aggression.

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3.  
To achieve the objective set out in paragraph 2, the assistance measure shall finance the provision to the Ukrainian Armed Forces of military equipment, and platforms designed to deliver lethal force as well as the maintenance, repair and refit of EPF-financed military equipment, and platforms, designed to deliver lethal force and of identical equipment by military personnel in military sites, or in mixed forms of civil-military cooperation or in factories, as requested by Ukraine.

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4.  
The duration of the Assistance Measure shall be 70 months from the adoption of this Decision.

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Article 2

Financial arrangements

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1.  
The financial reference amount intended to cover the expenditure related to the Assistance Measure shall be EUR 4 120 000 000 .

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2.  
All expenditure shall be managed in accordance with the rules for the implementation of revenue and expenditure financed under the EPF.

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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 4 120 000 000 . 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 related amending and annual budgets corresponding to the Assistance Measure.
4.  

Expenditure related to the implementation of the Assistance Measure shall be eligible from 1 January 2022 and until a date to be determined by the Council:

(a) 

The maximum eligible expenditure incurred before 11 March 2022 shall be EUR 450 000 000 .

(b) 

The maximum amount eligible for the period from 11 March 2022 to 20 July 2022 shall be EUR 1 390 000 000 .

(c) 

The maximum amount eligible for the period between 21 July 2022 and 30 November 2022 shall be EUR 677 420 154,06 .

(d) 

The amount of EUR 1 602 579 845,94 shall be eligible from 1 December 2022. EUR 1 000 000 000 of that amount shall be eligible from 9 February 2023 to 31 May 2023 for financing the reimbursement of donated materiel from existing stocks or from reprioritisation of existing orders, delivered during that period, regarding ground-to-ground and artillery ammunition, and, if requested, missiles. Any unused funds from this latter amount shall be used for the reimbursement of all lethal equipment eligible under the Assistance Measure since 1 December 2022, in accordance with the priorities set in Ukraine’s list of requirements.

(e) 

Expenditure related to maintenance and repair shall be eligible from 17 October 2022, and expenditure related to refit shall be eligible from 2 February 2023.

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Article 3

Arrangements with the beneficiary

1.  
The High Representative shall make the necessary arrangements with the beneficiary to ensure its compliance with international law, in particular international human rights and international humanitarian law, and Article 62(2) of Decision (CFSP) 2021/509, as a condition for the provision of support under the Assistance Measure.
2.  
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 referred to in paragraph 1.

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 with the rules for the implementation of revenue and expenditure financed under the EPF, consistent with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.
2.  
The Committee established by Decision (CFSP) 2021/509 shall further define the type and quantity of support to be financed under the Assistance Measure, considering the priorities recommended by the European Union Military Staff to meet the needs of the Ukrainian Armed Forces.
3.  
The administrator for assistance measures, on the basis of information received from the implementing actor(s), shall report to the Committee established by Decision (CFSP) 2021/509 on the delivery of equipment, including quantities, types and any other relevant information, for further follow-up and monitoring.
4.  

The implementation of the activity referred to in Article 1(3) may be carried out by:

(a) 

the Ministry of Defence of Belgium;

(b) 

the Ministry of Defence of Bulgaria;

(c) 

the Ministry of Defence of Croatia;

(d) 

the Ministry of Defence of Cyprus;

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(e) 

the Ministry of Defence of the Czech Republic;

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(f) 

the Ministry of Defence of Denmark;

(g) 

the Estonian Centre for Defence Investments (ECDI) on behalf of the Ministry of Defence of Estonia;

(h) 

the Ministry of Defence of Finland;

(i) 

the Ministry of Defence of France;

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(j) 

the Ministry of Defence, the Federal Foreign Office and the Federal Ministry of the Interior and Community of Germany;

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(k) 

the Ministry of Defence of Greece;

(l) 

the Ministry of Defence of Hungary;

(m) 

the Ministry of Defence of Italy;

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(n) 

the Ministry of Defence of Latvia and the State Defence Logistics and Procurement Centre of Latvia;

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(o) 

the Ministry of National Defence of Lithuania;

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(p) 

the Directorate of Defence of the Ministry of Foreign and European Affairs of Luxembourg;

(q) 

the Ministry of Defence of the Netherlands;

(r) 

the Ministry of Defence of Poland;

(s) 

the Ministry of Defence of Portugal;

(t) 

the Ministry of National Defence of Romania;

(u) 

the Ministry of Defence of the Slovak Republic;

(v) 

the Ministry of Defence of Slovenia;

(w) 

the Ministry of Defence of Spain;

(x) 

the Ministry of Defence of Sweden / Swedish Armed Forces.

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Article 5

The Member States shall permit the transit of military equipment, including accompanying personnel, through their territories, including their airspace, consistent with Article 56(3) of Decision (CFSP) 2021/509.

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Article 6

Monitoring, control and evaluation

1.  
The High Representative shall ensure the monitoring of the respect of the obligations established in accordance with Article 3 by the beneficiary. Such monitoring shall provide awareness of the context and risks of breaches of the obligations established in accordance with Article 3, including violations of international human rights law and international humanitarian law by units of the Ukrainian Armed Forces supported under the Assistance Measure.
2.  
The post-shipment control of equipment shall be organised in a manner consistent with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.

Article 7

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.

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The High Representative shall report regularly, monthly to the Council on the implementation of Article 2(4), point (d), regarding the number of artillery ammunition deliveries, and, if requested, missiles, based on information provided by Member States.

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Article 8

Suspension and termination

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.

The PSC may also recommend that the Council terminate the Assistance Measure.

Article 9

Entry into force

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 January 2022.

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