Article 1 Establishment, objectives, scope and duration
1. An assistance measure benefitting the Republic of Niger (‘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 strengthen the capabilities and the resilience of the FAN in order to enable them to defend the territorial integrity and the sovereignty of Niger and to better protect the civilian population against, in particular, the mounting terrorist threat. 3. To achieve the objective set out in paragraph 2, the Assistance Measure shall finance the following two components: (a) the establishment of an Armed Forces Technician Training Centre ( Centre de Formation des Techniciens des Armées – CFTA) to centralise, strengthen and better structure the FAN’s capacities in the area of logistics support; and (b) the construction of a forward operating base ( base opérationelle avancée – BOA) to reduce the vulnerability of the FAN in the Tillabéri region. 4. The duration of the Assistance Measure shall be 36 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.
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 international law, in particular international human rights and international humanitarian law, and Article 62(2) of Decision (CFSP) 2021/509, 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 FAN with relevant international law, in particular international human rights and international humanitarian law as well as the commitment of the Nigerien government to enhance the fight against corruption; (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, consistently 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 Expertise France.
Article 5 Monitoring, control and evaluation
1. The High Representative shall ensure that the compliance of the beneficiary with the obligations established in accordance with Article 3 is monitored. That monitoring shall provide awareness of the context and the risks of breaches of the obligations established in accordance with 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 FAN, involving the use of equipment provided 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 an evaluation, in the form of a structured first assessment of the Assistance Measure, six months after the completion of the construction of the CFTA and of the BOA. Where necessary, this may entail on-site visits to inspect the infrastructure, equipment and supplies delivered under the Assistance Measure, or any other effective forms of independently provided information. A final evaluation shall be conducted upon completion of the Assistance Measure to assess whether the Assistance Measure has contributed to reaching the stated objectives.
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 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.