COUNCIL DECISION (CFSP) 2022/2356

of 1 December 2022

on an assistance measure under the European Peace Facility to support the Lebanese 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 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) The national security and stability of Lebanon is key for the Union and for the international community. Considerable efforts have been invested in supporting Lebanon, and in particular the Lebanese Armed Forces (LAF), to contribute to this matter.

(3) Resolution 1701 of the United Nations Security Council (UNSC) has established the UN Interim Force in Lebanon (UNIFIL) mission to support the LAF to maintain peace and stability in South Lebanon. The Union reaffirms its support to UNIFIL, to which several Union Member States make significant contributions. The UNSC also called upon the international community to support the LAF to ensure the national security and stability of Lebanon.

(4) On 25 October 2022, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request for the Union to support the LAF.

(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 law and international humanitarian law,

HAS ADOPTED THIS DECISION:

Article 1 Establishment, objectives, scope and duration 1. An assistance measure benefitting Lebanon (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 capabilities and the resilience of the Lebanese Armed Forces (LAF) to ensure the national security and stability of Lebanon, through the enhancement of their military medical capacities, and the provision of equipment for the LAF’s operational personnel. 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) healthcare equipment to support the military medical services (central and regional centres); (b) individual equipment for the logistic brigade. 4. The duration of the assistance measure shall be 36 months from the date of conclusion of the first contract 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. 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 6 000 000. 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: (a) the compliance of the units of the LAF 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 set out in Article 3. This monitoring shall provide awareness of the context and the risks of breaches of the obligations set out in Article 3, and shall contribute to the prevention of such breaches, including violations of international human rights and international humanitarian law by the units of the LAF supported under the assistance measure. 2. The post-shipment control of equipment and supplies shall be organised as follows: (a) delivery verification, whereby delivery certificates are to be signed by the end-user forces upon transfer of ownership; (b) reporting on the inventory, whereby the beneficiary is to report annually on the inventory of designated items until such reporting is no longer deemed necessary by the Political and Security Committee (PSC); (c) on-site control, whereby the beneficiary is to 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 objectives 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, 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).