COUNCIL DECISION (CFSP) 2022/2354

of 1 December 2022

on an assistance measure under the European Peace Facility to support the deployment of the Rwanda Defence Force in Mozambique

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 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 to preserve peace, prevent conflicts and strengthen international security in accordance with Article 21(2), point (c), of the Treaty. In particular, pursuant to Article 1(2), point (b)(i), 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) The current crisis in Mozambique’s northern Cabo Delgado province is multidimensional, with a severe risk of spillover to other provinces of the country and to neighbouring countries. The Mozambican government and the African Union Peace and Security Council have welcomed the deployment of the Rwanda Defence Force as it contributes to the return to peace, security and stability in Cabo Delgado.

(3) On 6 December 2021, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request for the Union to support the deployment of the Rwanda Defence Force in the Cabo Delgado province of Mozambique.

(4) On 27 June 2022, the Council approved a Concept note for an assistance measure under the EPF to support the deployment of the Rwanda Defence Force in Mozambique.

(5) 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.

(6) 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, with the Universal Declaration of Human Rights and with international law, in particular international human rights and international humanitarian law,

HAS ADOPTED THIS DECISION:

Article 1 Establishment, objectives, scope and duration 1. An assistance measure benefiting the Republic of Rwanda (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 support the continued deployment of units of the Rwanda Defence Force in Mozambique’s northern province of Cabo Delgado in order to extend, protect and sustain the territorial and tactical gains they have made so far. This should ensure the security and the protection of the civilian population in Mozambique’s northern provinces and facilitate the return of law enforcement agencies and of other accountable state structures that deliver services for the benefit of the population. 3. To achieve the objective set out in paragraph 2, the assistance measure shall contribute to supporting the deployment of the Rwanda Defence Force units referred to in that paragraph. The assistance measure shall not be used for the supply of military equipment, or platforms, designed to deliver lethal force. 4. The duration of the assistance measure shall be 20 months from the date of conclusion of the contract between the Administrator for assistance measures acting as authorising officer and the entity referred to in Article 4(2) of this Decision, in accordance with Article 32(2), point (a), of Decision (CFSP) 2021/509. 5. The contract for the implementation of the assistance measure shall be concluded no earlier than after the adoption of an amendment of the EPF Implementing Rules by the Facility Committee.

Article 2 Financial arrangements 1. The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 20 000 000. 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 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 that: (a) financing provided under the assistance measure shall be used exclusively in support of the deployment of the Rwanda Defence Force in Mozambique; (b) financing provided under the assistance measure shall not be used to acquire military equipment or platforms designed to deliver lethal force, or to pay salaries or allowances of the Rwanda Defence Force troops; (c) the Rwanda Defence Force troops supported under the assistance measure shall respect and fully comply with relevant international law, in particular international human rights law and international humanitarian law; (d) the beneficiary shall actively monitor, follow up on and prosecute any violations of relevant international law, in particular international human rights law and international humanitarian law, by the Rwanda Defence Force troops supported under the assistance measure; (e) the beneficiary shall regularly provide reports on the Rwanda Defence Force deployment in Cabo Delgado during the period of support; (f) the beneficiary shall agree to bilateral strategic dialogues with the European External Action Service (EEAS) on the basis of this regular reporting; (g) at least three months prior to the completion of the Rwanda Defence Force deployment in Mozambique, the beneficiary will submit for approval by the High Representative arrangements regarding the handover to the Mozambican Armed Forces of collective equipment. 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. 4. The High Representative shall only grant the approval mentioned in paragraph 2, point (g), after verifying that the collective equipment to be handed over corresponds, taking into account its initial value, to the amount spent under this assistance measure on collective equipment.

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 Ministry of Finance and Economic Planning of the Republic of Rwanda.

Article 5 Monitoring, control and evaluation 1. The High Representative shall monitor the respect by the beneficiary of the obligations set out in 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 Rwanda Defence Force supported under the assistance measure. 2. The High Representative shall conduct a final evaluation at the end of the implementation period to assess whether the assistance measure has contributed to achieving the stated objectives. This may entail on-site visits or any other effective forms of independently provided information.

Article 6 Reporting During the period of implementation, the High Representative shall provide the Political and Security Committee (PSC) with six-monthly reports on the implementation of the assistance measure, in accordance with Article 63 of Decision (CFSP) 2021/509. At the relevant time, the High Representative shall inform the PSC on the arrangements made in accordance with Article 3 (2), point (g). 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, 1 December 2022. For the Council The President J. SÍKELA

(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).