Council Decision (CFSP) 2022/339 of 28 February 2022 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces

An assistance measure benefitting Ukraine (the ‘beneficiary’) is hereby established, to be financed under the European Peace Facility (EPF) (the ‘Assistance Measure’).

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.

To achieve the objective set out in paragraph 2, the assistance measure shall finance the provision to the Ukrainian Armed Forces of equipment and supplies not designed to deliver lethal force, such as personal protective equipment, first aid kits and fuel, as well as the maintenance, repair and refit of EPF-financed equipment and supplies not designed to deliver lethal force and of identical equipment, as requested by Ukraine.

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

The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 380 000 000 .

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.

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 380 000 000 . 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.

Expenditure related to the implementation of the assistance measure shall be eligible as from 1 January 2022 and until a date to be determined by the Council. The maximum eligible expenditure incurred before 11 March 2022 shall be EUR 50 000 000 . The amount of EUR 220 000 000 shall be eligible from 21 July 2022. Expenditure related to the maintenance and repair shall be eligible from 17 October 2022. Expenditure related to refit shall be eligible from 2 February 2023

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.

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.

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.

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.

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.

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

The Member States shall consider providing financial and logistical support to Ukraine, including the supply of protective equipment.

The Member States shall permit the transit of military equipment, including accompanying personnel, through their territories, including their airspace.

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.

The post-shipment control of supplies 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.