CELEX ID: 32023D0927

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Document:
8.5.2023
EN
Official Journal of the European Union
L 123/27
COUNCIL DECISION (CFSP) 2023/927
of 5 May 2023
on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces through the provision of ammunition
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 Ukrainian Armed Forces have been countering Russian aggression, with continued military and civilian casualties, for several years. The Russian aggression dramatically escalated in February 2022 due to an unprovoked full-scale invasion of Ukraine by armed forces of the Russian Federation.
(3)
On 25 February 2022, the Government of Ukraine made an urgent request to the Union for assistance through the provision of military equipment. In response, support has been provided under the EPF since 28 February 2022, pursuant to Council Decisions (CFSP) 2022/338 
(
2
)
 and (CFSP) 2022/339 
(
3
)
.
(4)
During the 24th EU-Ukraine summit on 3 February 2023, the Union and its Member States reiterated their continued support for Ukraine and the Ukrainian people against Russia’s ongoing war of aggression for as long as it takes. At the special meeting of the European Council on 9 and 10 February 2023, the President of Ukraine emphasised the urgent need for further military support for Ukraine.
(5)
On 2 March 2023, the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) received a request from Ukraine for the Union to assist the Ukrainian Armed Forces with the supply of 155-mm-calibre artillery rounds.
(6)
On 20 March 2023, the Council agreed on a three-track approach with a view to, in particular, speeding up delivery and joint procurement, aiming at one million rounds of artillery ammunition for Ukraine in a joint effort within the next 12 months, and called for the swift implementation of those three tracks, which are interlinked and need to be pursued in parallel and in a coordinated way. The Council called on Member States to urgently deliver ground-to-ground and artillery ammunition to Ukraine and, if requested, missiles. As regards the third track, the Council also invited the Commission to present concrete proposals to urgently support the ramp-up of the manufacturing capacities of the European defence industry, secure supply chains, facilitate efficient procurement procedures, address shortfalls in production capacities and promote investments, including, where appropriate, mobilising the Union budget.
(7)
The Council further called on Member States to jointly procure 155-mm-calibre ammunition and, if requested, missiles for Ukraine in the fastest way possible before 30 September 2023 from the European defence industry (and Norway) within the parameters defined in the context of an existing European Defence Agency (EDA) project or through complementary joint acquisition projects led by a Member State.
(8)
The terms and conditions as laid down in this Decision are relevant only for joint procurements referred to in paragraph 3 of the note on ‘Speeding up delivery and joint procurement of ammunition for Ukraine’ approved by the Council on 20 March 2023 and are without prejudice to any terms and conditions of future decisions or regulations concerning the European defence industry.
(9)
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 (‘the EPF implementing rules’), including the rules on the origin of military equipment. By way of derogation from Article 50 of Book 3 of the EPF implementing rules, and due to the particular circumstances, participation in joint procurement procedures for ammunitions and missiles to be financed through this assistance measure is open only to economic operators established in the Union or Norway, and producing these ammunitions and missiles in the Union or Norway, without prejudice to any future decisions. The rules of origin laid down in Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council 
(
5
)
 should apply. Ammunitions and missiles which have undergone an important stage of manufacture in the Union or Norway which consists of final assembly should also be deemed eligible. Supply chains of these operators may include operators established or having their production outside of the Union or Norway. The security and defence interests of the Member States should be taken into account in this regard.
(10)
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.
(11)
The Council will receive regular monthly updates on the implementation of the assistance measure under this Decision in order to monitor progress towards achieving the aim of providing one million rounds of artillery ammunition to Ukraine. Regular meetings at the level of the National Armament Directors with the Defence Joint Procurement Task Force (Commission, European External Action Service, EDA) will also be organised to assess the needs and the industrial capabilities as well as to ensure the necessary close coordination, especially regarding the provision from stocks, the reprioritisation of existing orders and the different joint acquisition projects, in order to ensure the adequate implementation of the three different tracks.
(12)
The Permanent Representatives Committee will monitor the coordinated and parallel implementation of the three-track approach.
(13)
The Council also noted that it remains committed to providing political and military support to Ukraine, in particular through the EPF and the EU Military Assistance Mission in support of Ukraine, without prejudice to the specific character of the security and defence policies of certain Member States and ensuring that the security and defence interests of all Member States are duly taken into account,
HAS ADOPTED THIS DECISION:
Article 1
Establishment, objectives, scope and duration
1.   An assistance measure benefitting Ukraine (‘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 contribute to strengthening the capabilities and resilience of the Ukrainian Armed Forces to defend the independence, sovereignty and territorial integrity of Ukraine, and protect the civilian population against the ongoing military aggression, through the provision of 155-mm-calibre artillery rounds and, if requested, missiles, jointly procured from the European defence industry in the fastest way possible.
3.   To achieve the objective set out in paragraph 2, the assistance measure shall finance the provision to the Ukrainian Armed Forces of 155-mm-calibre artillery rounds, and, if requested, missiles. Such ammunition and missiles shall be jointly procured from economic operators established in the Union or Norway and producing these ammunitions and missiles in the Union or Norway. The rules of origin laid down in Article 60 of Regulation (EU) No 952/2013 shall apply. Ammunitions and missiles which have undergone an important stage of manufacture in the Union or Norway which consists of final assembly shall also be deemed eligible. Supply chains of these operators may include operators established or having their production outside of the Union or Norway. The security and defence interests of the Member States shall be taken into account in this regard. The joint procurements made under this assistance measure shall be carried out by the entities listed in Article 4(3) within the parameters defined in the context of an existing European Defence Agency project or through complementary joint acquisition projects led by a Member State.
4.   The duration of the assistance measure shall be 56 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 1 000 000 000.
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 (‘the EPF implementing rules’), including the rules on the origin of military equipment. By way of derogation from Article 50 of Book 3 of the EPF implementing rules, participation in joint procurement procedures shall be open only to economic operators as referred to in Article 1(3).
3.   In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for assistance measures may call for contributions following the adoption of this Decision, up to EUR 1 000 000 000. The funds called by the administrator for assistance measures shall only be used to pay expenditure within the limits approved by the Committee established by Decision (CFSP) 2021/509 in the related amending and annual budgets corresponding to the assistance measure.
4.   Procurement contracts or purchase orders related to the implementation of the assistance measure shall be concluded in the fastest way possible between 20 March 2023 and 30 September 2023. Related expenditure shall be eligible from 20 March 2023 and until a date to be determined by the Council.
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 on the suspension and termination of support under the assistance measure in the event of the beneficiary being found in breach of the obligations referred to in paragraph 1.
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 EPF implementing rules, in line with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.
2.   The specifications of the 155-mm-calibre artillery rounds and missiles to be provided under the assistance measure shall correspond to the priorities communicated by Ukraine via the EU Military Staff. The Committee established by Decision (CFSP) 2021/509 shall decide on the framework applicable to the financing of the activities outlined in Article 1(3) and on the arrangements for reimbursement, where appropriate.
3.   The implementation of the activities referred to in Article 1(3) may be carried out by the following:
(a)
the Ministry of Defence of Belgium;
(b)
the Ministry of Defence of Bulgaria;
(c)
the Ministry of Defence of Croatia;
(d)
the Ministry of Defence of Cyprus;
(e)
the Ministry of Defence of the Czech Republic;
(f)
the Ministry of Defence of Denmark;
(g)
the Estonian Centre for Defence Investments (ECDI) on behalf of the Ministry of Defence of Estonia;
(h)
the Ministry of Defence of Finland;
(i)
the Ministry of Defence of France;
(j)
the Ministry of Defence, the Federal Foreign Office and the Federal Ministry of the Interior and Community of Germany;
(k)
the Ministry of Defence of Greece;
(l)
the Ministry of Defence of Italy;
(m)
the Ministry of Defence of Latvia and the State Defence Logistics and Procurement Centre of Latvia;
(n)
the Ministry of National Defence of Lithuania;
(o)
the Directorate of Defence of the Ministry of Foreign and European Affairs of Luxembourg;
(p)
the Ministry of Defence of the Netherlands;
(q)
the Ministry of Defence of Poland;
(r)
the Ministry of Defence of Portugal;
(s)
the Ministry of National Defence of Romania;
(t)
the Ministry of Defence of the Slovak Republic;
(u)
the Ministry of Defence of Slovenia;
(v)
the Ministry of Defence of Spain;
(w)
the Ministry of Defence of Sweden/the Swedish Defence Materiel Administration.
Article 5
Support by Member States
The Member States shall permit the transit of 155-mm-calibre artillery rounds and missiles, including accompanying personnel, through their territories, including their airspace, in a manner consistent with Article 56(3) of Decision (CFSP) 2021/509.
Article 6
Monitoring, control and evaluation
1.   The High Representative shall monitor the compliance by the beneficiary with 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 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 units of the Ukrainian Armed Forces supported under the assistance measure.
2.   The post-shipment control of equipment shall be organised in a manner consistent with the Integrated Methodological Framework for assessing and identifying the required measures and controls for assistance measures under the EPF.
Article 7
Reporting
During the period of implementation, the High Representative shall provide the Political and Security Committee (PSC) with six-monthly reports on the implementation of the assistance measure, in accordance with Article 63 of Decision (CFSP) 2021/509. This will be supplemented by regular monthly updates to the Council on the implementation of the assistance measure including on the progress made towards achieving its objective, based on information, provided by the Member States, on deliveries of 155-mm-calibre artillery rounds, and if requested, missiles. 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 8
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 9
Entry into force
This Decision shall enter into force on the date of its adoption.
It shall apply from 20 March 2023.
Done at Brussels, 5 May 2023.
For the Council
The President
J. ROSWALL
(
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) 2022/338 of 28 February 2022 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force (
OJ L 60, 28.2.2022, p. 1
).
(
3
)
  Council Decision (CFSP) 2022/339 of 28 February 2022 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces (
OJ L 61, 28.2.2022, p. 1
).
(
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
).
(
5
)
  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (
OJ L 269, 10.10.2013, p. 1
).

Summary:
European Peace Facility – support for the Ukrainian Armed Forces
SUMMARY OF:
Council Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force
Council Decision (CFSP) 2022/339 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces
Council Decision (CFSP) 2023/927 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces by providing ammunition
WHAT IS THE AIM OF THE DECISIONS?
The decisions set up assistance measures, financed under the 
European Peace Facility
 (EPF), to strengthen the capabilities and resilience of the Ukrainian Armed Forces to:
defend Ukraine’s territorial integrity and sovereignty
;
protect Ukraine’s civilian population
 against the ongoing Russian war of aggression.
KEY POINTS
Background
The Ukrainian Armed Forces have been 
engaged in conflict
 for more than 7 years, with continued military and civilian casualties. The conflict dramatically escalated in February 2022 due to an 
unprovoked invasion of Ukraine by the Russian armed forces
.
On 
25 February 2022
, the Ukraine government urgently 
asked the 
European Union
 (EU) for help
 in providing military equipment.
With the situation deteriorating since the beginning of 2022, EU 
Member States
 had already been providing assistance.
EU assistance
The EU will provide 
military equipment and platforms designed to deliver lethal force
, and the 
maintenance, repair and refit
 of EPF-financed military equipment and platforms designed to deliver lethal force, and of identical equipment by military personnel in military sites, or in mixed forms of civil-military cooperation or in factories (under Decision (CFSP) 2022/338, as amended by Decision (CFSP) 
2023/810
), as requested by Ukraine, on the following terms.
Expenditure of a reference amount of €4.120 billion. Expenditure related to the implementation of the assistance measure is eligible as from 
1 January 2022
 until a date to be determined by the 
Council of the European Union
.
The 
maximum eligible expenditure
 incurred before 
11 March 2022
 was €450 million. The amount of €1.390 billion was eligible from 11 March to 
21 July 2022
. The amount of €677.4 million was eligible between 21 July and 
30 November 2022
. 
An amount of €1.6 billion is eligible from 
1 December 2022
, €1.0 billion of which is eligible from 
9 February 2023
 to 
31 May 2023
 for financing the reimbursement of donated materiel from existing stocks or from reprioritisation of existing orders, delivered during that period, regarding ground-to-ground and artillery ammunition, and, if requested, missiles. Any unused funds from this latter amount must be used to reimburse all lethal equipment eligible under the assistance measure since 
1 December 2022
, in accordance with the priorities set in Ukraine’s list of requirements.
Expenditure related to 
maintenance and repair
 has been eligible since 
17 October 2022
.
Expenditure related to 
refit
 has been eligible since 
2 February 2023
.
The assistance will be financed under the 
EPF
.
It will last for 70 months.
The EU will also provide an additional reference amount of up to €380 million (under Decision (CFSP) 2022/339, as amended several times) for 
equipment and supplies not designed to deliver lethal force
, such as personal protective equipment, first aid kits and fuel, and the 
maintenance, repair and refit
 of EPF-financed equipment and supplies not designed to deliver lethal force and of identical equipment, as requested by Ukraine, on the following terms.
All expenditure must be managed in accordance with Decision (CFSP) 
2021/509
 and the rules for the implementation of revenue and expenditure financed under the EPF.
The measures may be carried out by the respective Member State defence ministries.
The duration of these assistance measures is also set at 70 months (amended from 24, 36 and later 60 months).
Expenditure related to the implementation of the assistance measure is eligible as from 
1 January 2022
 until a date to be determined by the Council.
The maximum eligible expenditure incurred before 
11 March 2022
 was €50 million.
The amount of €220 million has been eligible since 
21 July 2022
.
Expenditure related to 
maintenance and repair
 has been eligible since 
17 October 2022
.
Expenditure related to 
refit
 has been eligible since 
2 February 2023
.
In February 2023, Decision (CFSP) 
2023/231
 was adopted to support the Ukrainian Armed Forces trained by the European Union Military Assistance Mission (EUMAM) in support of Ukraine. It was amended by Decision (CFSP) 
2023/2677
 raising the financial reference amount for the measure from €45 million to €55 million and extending the duration of Decision (CFSP) 2023/231 to 60 months.
Decision (CFSP) 2023/927 relates to an assistance measure to finance the provision to the Ukrainian Armed Forces of 155-mm-calibre artillery rounds and, if requested, missiles that will be jointly procured by Member States from the European defence industry (in the EU or Norway). The decision also covers deliveries of ammunition and missiles that have undergone an important stage of their manufacturing in the EU or Norway that consists of final assembly.
To be eligible for reimbursement from the EPF, procurement contracts or purchase orders must be concluded before 
30 September 2023
 in the context of an existing 
European Defence Agency
 project or through complementary joint acquisition projects led by a Member State.
The EPF Committee will further define the type and quantity of support to be financed, considering recommendations by the 
European Union Military Staff
, to meet the needs of the Ukrainian Armed Forces.
Support by Member States
Member States will:
consider financial and logistical support
 to Ukraine, including supplying protective equipment;
permit the transit of military equipment
, including accompanying personnel, through their territories, including their airspace.
Monitoring and reporting
As a condition of support, the 
High Representative of the Union for Foreign Affairs and Security Policy
 will ensure that Ukraine respects its obligations to comply with international law, in particular international 
human rights
 and international humanitarian law, and with the following EPF rules:
assets will be used properly and efficiently for the purposes for which they were provided;
assets will be maintained to ensure usability and operational availability over their life cycle;
assets will not be lost, or transferred without EU consent to anyone other than those identified in the arrangements, at the end of their life cycle or when the assistance measure ends;
compliance with any other requirements established by the Council.
Post-shipment control monitoring complies with the EPF’s 
integrated methodological framework
 for assessing and identifying assistance measures.
The High Representative provides 6-monthly reports on implementation to the 
Political and Security Committee
.
The Political and Security Committee may decide to suspend the assistance measures wholly or partially, or recommend that the Council terminate their implementation.
FROM WHEN DO THE DECISIONS APPLY?
The decisions have applied since 
1 January 2022
. The revised reference amounts were introduced on 
21 July 2022
.
BACKGROUND
For further information, see:
European Peace Facility
 (European Commission)
European Peace Facility
 (Council of the European Union).
MAIN DOCUMENTS
Council Decision (CFSP) 
2022/338
 of 
28 February 2022
 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force (OJ L 60, 
28.2.2022
, 
pp. 1–4
).
Successive amendments to Decision (CFSP) 2022/338 have been incorporated into the original text. This 
consolidated version
 is of documentary value only.
Council Decision (CFSP) 
2022/339
 of 
28 February 2022
 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces (OJ L 61, 
28.2.2022
, 
pp. 1–4
).
See 
consolidated version
.
Council Decision (CFSP) 
2023/927
 of 
5 May 2023
 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces through the provision of ammunition (OJ L 123, 
8.5.2023
, 
pp. 27–31
).
RELATED DOCUMENTS
Council Decision (CFSP) 
2023/231
 of 
2 February 2023
 on an assistance measure under the European Peace Facility to support the Ukrainian Armed Forces trained by the European Union Military Assistance Mission in support of Ukraine (OJ L 32, 
3.2.2023
, 
pp. 64–67
).
See 
consolidated version
.
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
, 
pp. 14–62
).
See 
consolidated version
.
last update 
15.6.2024

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