Council Decision (EU) 2024/2045 of 22 July 2024 on the position to be taken on behalf of the Union within the Council of Europe bodies as regards the status of the European Union in the Enlarged Partial Agreement on the Register of Damage caused by the Aggression of the Russian Federation against Ukraine
Date: 2024-07-22
Institutions: Council of the European Union
Subjects: Council of Europe, European convention, Russia, Russo-Ukrainian issue, Ukraine, accession to an agreement, damage, damages, military intervention




L_202402045EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2045


24.7.2024







            COUNCIL DECISION (EU) 2024/2045
         
of 22 July 2024
         
on the position to be taken on behalf of the Union within the Council of Europe bodies as regards the status of the European Union in the Enlarged Partial Agreement on the Register of Damage caused by the Aggression of the Russian Federation against Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 14 November 2022, the United Nations (UN) General Assembly adopted a Resolution recognising the need for the establishment, in cooperation with Ukraine, of an international mechanism for reparation for damage, loss or injury arising from the internationally wrongful acts of the Russian Federation in or against Ukraine and recommending the creation by the UN Member States, in cooperation with Ukraine, of an international register of damage to serve as a record of evidence and claims information on such damage, loss or injury.












(2)


On 12 May 2023, the Committee of Ministers of the Council of Europe adopted a Resolution establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (‘the Register’).












(3)


The Register is to serve as a record, in documentary form, of evidence and claims information on damage, loss or injury caused to all natural and legal persons concerned, as well as to the State of Ukraine, caused as from 24 February 2022 in the territory of Ukraine by the Russian Federation’s internationally wrongful acts in or against Ukraine.












(4)


On 11 May 2023, the Union joined the Register as a founding Associate Member by means of a notification to the Secretary-General of the Council of Europe. On 16 May 2023, the Union signed the Declaration in support of the Register set out in Appendix I to the Reykjavík Declaration. The Union joined the Register as an Associate Member without prejudice to the possibility of a future change in its status from Associate Member to Participant in the Register.












(5)


On 29 February 2024, the European Parliament and the Council adopted Regulation (EU) 2024/792 (1), establishing the Ukraine Facility thereby providing a legal basis for funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine.












(6)


Given the interest of the Union in ensuring that the Russian Federation bears the legal consequences of its internationally wrongful acts against Ukraine, including the obligation to make reparation for any damage, loss and injury caused by those acts, and its interest in enjoying the full rights as Participant in the Register, it is appropriate to change the Union’s status in the Register from Associate Member to Participant. The Union’s change of status in the Register should be without prejudice to the Member States’ competence as regards the Register.












(7)


The Union’s change of status in the Register is without prejudice to future decisions that may be taken in the framework of the Union’s common foreign and security policy, in particular regarding the future international compensation mechanism, which may include a claims commission and a compensation fund, referred to in the Register.












(8)


Participants in the Register are required to pay an annual compulsory contribution to the Register. For the Union, this payment is to be made in accordance with Regulation (EU) 2024/792,





HAS ADOPTED THIS DECISION:



Article 1

1.   The position to be taken on behalf of the Union within the Council of Europe bodies as regards the status of the European Union in the Enlarged Partial Agreement on the Register of Damage caused by the Aggression of the Russian Federation against Ukraine (the ‘Register’) shall be to notify the change of the Union’s status from Associate Member to Participant in accordance with Article 4.2 of the Statute of the Register.


2.   The notification referred to in pargraph 1 and the envisaged change of status shall be without prejudice to the Member States’ competence as regards the Register.



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




Done at Brussels, 22 July 2024.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility (OJ L, 2024/792, 29.2.2024, ELI: http://data.europa.eu/eli/reg/2024/792/oj).


ELI: http://data.europa.eu/eli/dec/2024/2045/oj
ISSN 1977-0677 (electronic edition)