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Council Decision (CFSP) 2023/384 of 20 February 2023 on an assistance measure und... (32023D0384)
EU - Rechtsakte: 18 Common Foreign and Security Policy

COUNCIL DECISION (CFSP) 2023/384

of 20 February 2023

on an assistance measure under the European Peace Facility to support the Jordanian Armed Forces

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 (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) In June 2022, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) participated in the 14th EU-Jordan Council during which the new Partnership Priorities were adopted. By means of these Partnership Priorities, the Union and Jordan confirmed their willingness to continue supporting their cooperation on peace and security in Jordan, and to continue strengthening cooperation on regional stability and security, including on counter-terrorism.
(3) On 14 November 2022, the High Representative received a request for the Union to support the Jordanian Armed Forces (JAF) by enhancing military capabilities, in particular in the military medical services, engineer brigades as well as operational units in charge of securing the borders of Jordan.
(4) 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.
(5) 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, the Universal Declaration of Human Rights and 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 benefitting the Hashemite Kingdom of Jordan (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 enhance the capacities of the Jordanian Armed Forces (JAF) to ensure the national security and stability of Jordan through the enhancement of its military medical services, engineer brigades and operational units in charge of securing its borders, and thereby better protect civilians in crises and emergencies.
3.   To achieve the objective set out in paragraph 2, the assistance measure shall finance the following types of equipment not designed to deliver lethal force:
(a) a fully equipped mobile hospital (Role 1) to treat injured soldiers, complemented by fully equipped ambulances with medevac capabilities;
(b) engineering field units that are equipped to better support deployed units, particularly along the borders;
(c) tactical equipment (Unmanned Air Systems (UAS) and Counter Unmanned Air Vehicles (C-UAV) systems), as well as support to the JAF to develop a counter unmanned capability.
4.   The duration of the assistance measure shall be 36 months from the date of conclusion of the contract signed by the administrator for assistance measures, acting as authorising officer, in accordance with Article 32(2), point (a), of Decision (CFSP) 2021/509, including in the context of administrative arrangements in accordance with Article 37 of the same Decision.

Article 2

Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 7 000 000.
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 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) the compliance of the units of the JAF 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.

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, 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 the administrator for assistance measures, including through administrative arrangements in accordance with Article 37 of Decision (CFSP) 2021/509.

Article 5

Monitoring, control and evaluation

1.   The High Representative shall monitor the respect by the beneficiary of the obligations established in accordance with Article 3. This 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 units of the JAF 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 equipment provided by 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 inspections, whereby the beneficiary is to facilitate and grant the High Representative access to conduct on-site control 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 objective 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.

Article 8

Entry into force

This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 February 2023.
For the Council
The President
J. BORRELL FONTELLES
(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
).
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