COUNCIL DECISION (CFSP) 2022/2355

of 1 December 2022

on an assistance measure under the European Peace Facility to strengthen the capacities of the armed forces of the Islamic Republic of Mauritania

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 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) Mauritania plays a major role in key regional, European and international initiatives aimed at strengthening peace and development in the Sahel including the ‘European Union’s Integrated Strategy in the Sahel’, the ‘Sahel Coalition’ and the ‘Partnership for Security and Stability in the Sahel’, as well as the ‘Sahel Alliance’. Mauritania is one of the largest African overall contributors to the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. The international community, including the Union, has made considerable efforts to support Mauritania in its fight against terrorism over the recent period. The Union is committed to a close relationship with Mauritania in support of its fight against terrorism.

(3) In the Sahel region, Mauritania is a key country for the Union in the fight against terrorism. The Union has a strong partnership with the government of Mauritania, with the aim of achieving long-term development through a comprehensive and integrated approach.

(4) On 4 October 2022, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request for the Union to assist the Armed Forces of Mauritania with the procurement of key equipment to the Bataillon des fusiliers marins of Rosso, the Bataillon des fusiliers de l’air and military medical centres in the Military Regions 2 and 3.

(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 benefiting the Islamic Republic of Mauritania (the ‘beneficiary’) to be financed under the EPF (the ‘assistance measure’) is hereby established. 2. The objective of the assistance measure is to enhance the capacities of the Bataillon des fusiliers marins of Rosso, the Bataillon des fusiliers de l’air and military medical centres in the Military Regions 2 and 3. By enhancing the capacities of these units, this assistance measure will also contribute to better protecting the civilian population. 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: riverine and technical equipment for the Bataillon des fusiliers marins; protective equipment kits including military uniforms for the Bataillon des fusiliers de l’air; intensive care equipment and surgical equipment for the medical centres in the Military Regions 2 and 3. 4. The duration of the assistance measure shall be 36 months from the date of conclusion of the first contract signed by the administrator for assistance measures, acting as authorising officer, in accordance with Article 32(2), point (a), including in the context of administrative arrangements in accordance with Article 37, 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 12 000 000. 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 of this Article shall include provisions obliging the beneficiary to ensure: (a) compliance of the units of the Armed Forces of Mauritania supported under the assistance measure with relevant international law, in particular international human rights law and international humanitarian law; (b) proper and efficient use of any assets provided under the assistance measure for the purposes for which they were provided; (c) 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 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) of this Decision shall be carried out by the administrator for assistances 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 be used to provide awareness of the context and the risks of breaches of the obligations set out in 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 supported under the assistance measure. 2. The post-shipment control of equipment and supplies shall be organised as follows: (a) delivery verification, whereby EPF 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 to be necessary by the Political and Security Committee (PSC); (c) on-site inspection, whereby the beneficiary is to grant the High Representative access to conduct on-site control upon request. 3. The High Representative shall conduct an evaluation, in the form of a structured first assessment of the assistance measure, six months after the first delivery of equipment. This may entail on-site visits to inspect the equipment, supplies and services delivered under the assistance measure, or any other effective forms of independently provided information. A final evaluation shall be conducted upon completion of the delivery of equipment, supplies and services under the assistance measure to assess whether the assistance measure has contributed to reaching the objectives referred to 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).