Council Decision (CFSP) 2024/1063 of 4 April 2024 on an assistance measure under the European Peace Facility to support the Ghana Armed Forces
Date: 2024-04-04
Institutions: Council of the European Union
Subjects: EU financial instrument, Ghana, armed forces, establishment of peace, logistics, medical device, military cooperation, military equipment, public safety




L_202401063EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1063


5.4.2024







            COUNCIL DECISION (CFSP) 2024/1063
of 4 April 2024
         
on an assistance measure under the European Peace Facility to support the Ghana Armed Forces


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 (CFSP) 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 northern regions of the coastal countries of the Gulf of Guinea (Ghana, Côte d’Ivoire, Benin, and Togo) have been experiencing deteriorating security conditions in connection with the crisis affecting the central Sahel.












(3)


In light of the deteriorating security conditions, the need to strengthen the defence and security forces is an important element to enable and support stabilisation efforts in Ghana. In this context, and fully cognisant of the fact that the situation requires an integrated response, ensuring long-term peace and security in Ghana is a key priority for the Union.












(4)


On 10 July 2023, the Council adopted Decision (CFSP) 2023/1440 (2) on an assistance measure under the EPF to support the Ghana Armed Forces, to enhance the capabilities of the Ghana Armed Forces to protect the territorial integrity and sovereignty of Ghana and its civilian population against internal and external aggression and to contribute to peace and stability within the region.












(5)


On 3 August 2023, the Council adopted a Decision (CFSP) 2023/1599 (3), which established a European Union Security and Defence Initiative (the ‘Initiative’) under the Common Security and Defence Policy, in support of West African countries of the Gulf of Guinea, namely Ghana and Benin. The strategic objective of the Initiative is to assist West African countries of the Gulf of Guinea in which it is established in developing the adequate capabilities within their security and defence forces to contain and respond to the pressure exercised by terrorist armed groups.












(6)


On 12 December 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) received a request from Ghana for the Union to further assist the Ghana Armed Forces with the procurement of key equipment to strengthen the operational capabilities of the military units deployed in the northern part of the country to fight armed groups, to counteract and reduce those groups’ opportunities to commit terrorist attacks.












(7)


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 (4), and in accordance with the rules for the implementation of revenue and expenditure financed under the EPF.












(8)


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 Ghana (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 of the Ghana Armed Forces to protect the territorial integrity and sovereignty of Ghana and its civilian population against internal and external aggression and to contribute to peace and stability within the region.


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, and the following services:






(a)


medical equipment;










(b)


military engineering equipment;










(c)


targeted education activities in the field of military logistics knowledge;










(d)


defence intelligence equipment;










(e)


electronic warfare systems;










(f)


explosive ordnance disposal equipment.






4.   The duration of the assistance measure shall be 36 months from the date of adoption of this Decision.



Article 2

Financial arrangements


1.   The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 25 000 000.


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 Ghana Armed Forces 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 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 assistances measures, through an administrative arrangement with the Economat des Armées in accordance with Article 37 of Decision (CFSP) 2021/509.



Article 5

Monitoring, control and evaluation


1.   The High Representative shall monitor the compliance by the beneficiary with the obligations set out in Article 3. That 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 Ghana Armed Forces 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, whereby the beneficiary is to report annually on the activities conducted with the equipment provided under the assistance measure and on the inventory of designated items until such reporting is no longer deemed necessary by the Political and Security Committee (PSC);










(c)


on-site visits, whereby the beneficiary is to grant the High Representative and EPF auditors access to conduct on-site controls and EPF audits, 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, 4 April 2024.


For the Council


The President

H. LAHBIB
            





(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 Decision (CFSP) 2023/1440 of 10 July 2023 on an assistance measure under the European Peace Facility to support the Ghana Armed Forces (OJ L 176, 11.7.2023, p. 28).

(3)  Council Decision (CFSP) 2023/1599 of 3 August 2023 on a European Union Security and Defence Initiative in support of West African countries of the Gulf of Guinea (OJ L 196, 4.8.2023, p. 25).

(4)  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).


ELI: http://data.europa.eu/eli/dec/2024/1063/oj
ISSN 1977-0677 (electronic edition)