COUNCIL DECISION (CFSP) 2022/638

of 13 April 2022

amending Decision 2014/486/CFSP on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 23 February 2022, the Russian Federation launched an unprovoked and unjustified military aggression against Ukraine, which the European Council condemned in the strongest possible terms in its conclusions of 24 February 2022.

(2) On 24 March 2022, the European Council in its conclusions stated that ‘Russia’s war of aggression against Ukraine grossly violates international law and is causing massive loss of life and injury to civilians. Russia is directing attacks against the civilian population and is targeting civilian objects, including hospitals, medical facilities, schools and shelters. These war crimes must stop immediately. Those responsible, and their accomplices, will be held to account in accordance with international law.’. The European Council furthermore reaffirmed the Versailles Declaration of 11 March 2022 which, in particular, welcomed the decision of the prosecutor of the International Criminal Court to open an investigation for crimes falling under its jurisdiction.

(3) Decision 2014/486/CFSP (1) established EUAM Ukraine to assist Ukraine in the field of civilian security sector reform, including police and rule of law.

(4) EUAM Ukraine should provide support to Ukrainian authorities to facilitate the investigation and prosecution of international crimes committed in the context of the Russian Federation’s military aggression against Ukraine.

(5) Decision 2014/486/CFSP should be amended accordingly.

(6) EUAM Ukraine will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,

HAS ADOPTED THIS DECISION:

Article 1 Decision 2014/486/CFSP is amended as follows: (1) Article 2a is renumbered Article 2b; (2) The following Article is inserted: ‘Article 2a Support to Ukrainian authorities to facilitate the investigation and prosecution of international crimes 1. EUAM Ukraine shall provide support to Ukrainian authorities, in particular to the Office of the Prosecutor General, regional Public Prosecutor Offices and Law Enforcement Agencies, to facilitate the investigation and prosecution of any international crimes committed in the context of Russia’s unprovoked and unjustified military aggression against Ukraine. 2. In order to implement that task: a) EUAM Ukraine shall, in particular, provide Ukrainian authorities with strategic advice on the investigation and prosecution of international crimes, on the necessary amendments to Ukrainian legislation and on the related communication strategy. It shall also provide training on other related matters. It may donate funds or equipment to Ukrainian authorities to facilitate the investigation and prosecution of international crimes; b) EUAM Ukraine shall ensure close coordination with the International Criminal Court and with the European Union Agency for Criminal Justice Cooperation (EUROJUST), as well as with Member States acting in direct support of the investigation and prosecution of international crimes in Ukraine. It shall coordinate with other relevant actors as appropriate. c) elements of EUAM Ukraine may temporarily conduct their activities from the territories of the Republic of Moldova and of Member States. Arrangements may be entered into to that effect between EUAM Ukraine and the Republic of Moldova or the Member States concerned.’.

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 13 April 2022. For the Council The President J.-Y. LE DRIAN

(1) Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (OJ L 217, 23.7.2014, p. 42).