Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528

COMMON COSTS RELATIVE TO THE ACTIVE PHASE OF UNION OPERATIONS, ALWAYS BORNE BY THE FACILITY

1. Incremental costs for (deployable or fixed) headquarters for Union-led operations

• 1.1.Definition of headquarters whose incremental costs are financed in common:

• (a) Headquarters (HQ): the headquarters, the command and support elements approved in the operation plan (OPLAN).

• (b) Operation Headquarters (OHQ): the static, out-of-area headquarters of the operation commander, which is responsible for building up, launching, sustaining and recovering a Union force. The definition of common costs applicable to an OHQ for an operation shall also be applicable to the General Secretariat of the Council, the EEAS including the Military Planning and Conduct Capability, and the Facility in so far as they are acting directly for that operation.

• (c) Force Headquarters (FHQ): the headquarters of a Union force deployed to the area of operations of an executive military operation.

• (d) Mission Force Headquarters (MFHQ): the headquarters of a Union force deployed to the area of operations of a non-executive military mission.

• (e) Component Command Headquarters (CCHQ): the headquarters of a Union component commander deployed for the operation (namely air, land, maritime and other special forces commanders whom it could be deemed necessary to designate depending on the nature of the operation).

• 1.2.Definition of incremental costs for headquarters financed in common:

• (a) Transport costs: transport to and from the theatre of operations to deploy, sustain and recover FHQs, MFHQs and CCHQs.

• (b) Travel and accommodation: travel and accommodation costs incurred by the OHQ for official journeys necessary to an operation; travel and accommodation costs incurred by personnel from deployed HQs travelling on official journeys to Brussels and/or operation related meetings.

• (c) Transport/travel (excluding ‘per diem’ costs) of HQs within the theatre of operations: expenditure related to vehicle transport and other travel by other means and freight costs, including travel by national augmentees and visitors; incremental costs of fuel over and above what normal operations would have cost; lease of additional vehicles; third-party insurance costs imposed by some countries upon international organisations conducting operations in their territory.

• (d) Administration: additional office and accommodation equipment, contractual services and utilities, maintenance costs of the HQ buildings.

• (e) Civilian personnel recruited specifically in the eligible HQs for the requirements of the operation: civilian personnel working in the Union, international and local personnel hired in the theatre of operations needed for the conduct of the operation over and above the normal operational requirements (including any overtime compensation payments).

• (f) Communications between eligible HQs and between eligible HQs and directly subordinate forces: capital expenditure for the purchase and use of additional communications and IT equipment and costs for rendered services (lease and maintenance of modems, telephone lines, satphones, cryptofaxes, secure lines, internet providers, data lines, local area networks).

• (g) Barracks and lodging/infrastructure: expenditure for acquisition, rental or refurbishing of required HQ facilities in the theatre of operations (rental of buildings, shelters, tents), if required.

• (h) Public information: costs related to information campaigns and to inform media at HQ level, in accordance with the information strategy developed by the HQ.

• (i) Representation and hospitality: representational costs; costs at HQ level necessary for the conduct of an operation.

2. Incremental costs incurred for providing support to the force as a whole

The costs defined below are those incurred as a consequence of the force deployment to its location:

• (a) Works for deployment/infrastructure: expenditure absolutely needed for the force as a whole to fulfil its mission (jointly used airport, railway, harbours, main logistical roads, including points of disembarkation and forward assembly areas; water surveys, pumping, treatment, distribution and disposal, water and power supply, earthworks and static force protection, storage facilities (in particular for fuel and ammunition), logistical and assembly areas; technical support for jointly financed infrastructure).

• (b) Identification marking: specific identification marks, ‘European Union’ identity cards, badges, medals, flags in Union colours or other Force or HQ identification marking (excluding clothes, hats or uniforms).

• (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.

• (d) Acquisition of information: Satellite images for intelligence approved in the OPLAN, if they cannot be financed from the funds available in the budget of the European Union Satellite Centre (SATCEN).

• (e) Force protection and essential security services: accommodation of the force protection teams made available for non-executive military missions.

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.

4. Incremental costs incurred by Union recourse to NATO common assets and capabilities made available for a Union-led operation

The cost for the Union of the application for one of its military operations of the arrangements between the Union and NATO relating to release, monitoring and return or recall of NATO common assets and capabilities made available for a Union-led operation. Reimbursements by NATO to the Union.

• 5.Incremental costs incurred by the Union for goods, services or works included in the list of common costs and made available in a Union-led operation by a Member State, a Union institution, a third State or an international organisation pursuant to an arrangement referred to in Article 37. Reimbursements by a State, a Union institution or an international organisation based on such an arrangement.

PART B

COMMON COSTS RELATING TO THE ACTIVE PHASE OF A SPECIFIC OPERATION, BORNE BY THE FACILITY IF THE COUNCIL SO DECIDES

Transport costs: transport to and from the theatre of operations to deploy, support and recover the forces necessary for the operation.

Multinational task force headquarters: the multinational headquarters of Union task forces deployed in the area of operation.

PART C

COMMON COSTS BORNE BY THE FACILITY IF REQUESTED BY THE OPERATION COMMANDER AND APPROVED BY THE COMMITTEE

• (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.

• (b) Essential additional equipment: the rental or purchase in the course of the operation of unforeseen specific equipment essential for the execution of the operation, in so far as the purchased equipment is not repatriated at the end of the mission.

• (c) Medical services and facilities: Role 2 services and facilities in the theatre of operations, other than those mentioned in Part A.

• (d) Acquisition of information: acquisition of information (satellite images; theatre-level intelligence, reconnaissance and surveillance (ISR), including air-to-ground surveillance (AGSR); and human intelligence).

• (e) Other critical theatre-level capabilities: demining if needed for the operation; chemical, biological, radiological and nuclear (CBRN) protection; storage and destruction of weapons and ammunitions collected within the area of operation.

• (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.

• (g) Running costs of an executive operation deployment to the theatre of operations: incremental costs for services absolutely needed for the direct support to the initial deployment of the forces as a whole during their temporary posting at air and/or maritime entry points and logistical and assembly areas on the way to their final destination (air/maritime traffic management, cargo and passenger handling, customs and transit services, security and safety services, including force protection, secured storage of equipment and materiel, Role 1 services and facilities, sleeping accommodation, sanitation (washing, shower, toilets), dining facilities, waste disposal, general engineer support).

• (h) Deployment readiness package of an executive operation: incremental costs for food, water and fuel for up to 10 days of supply for the initial deployment of the forces as a whole, as approved in the OPLAN.

• (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.

ANNEX V

COMMON COSTS RELATIVE TO THE WINDING UP OF AN OPERATION BORNE BY THE FACILITY

Costs incurred for finding the final destination for the equipment and infrastructure commonly funded for the operation.

Incremental costs of drawing up the accounts for the operation. The eligible common costs shall be determined in accordance with Annex IV, bearing in mind that the staff needed to draw up the accounts belong to the HQ for that operation, even after the latter has ceased its activities.

[^E0001]: Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30, ELI: http://data.europa.eu/eli/dec/2010/427/oj).

[^E0003]: OJ L 56, 4.3.1968, p. 1.

[^E0004]: Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA) (OJ C 321, 31.12.2003, p. 6).

[^E0005]: Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 105).

[^E0006]: Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

[^E0007]: Regulation (EU) 2018/1725 of the European Parliament and the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

[^E0008]: Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

[^E0009]: Council Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58, 3.3.2015, p. 1).

[^E0010]: Council Decision (EU) 2020/1422 of 5 October 2020 concerning the allocation of funds decommitted from projects under the 10th European Development Fund for the purpose of replenishing the African Peace Facility (OJ L 329, 9.10.2020, p. 4).