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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 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) 2021/509note 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)On 28 February 2022, in response to the war of aggression by the Russian Federation against Ukraine, the Council adopted Decision (CFSP) 2022/339note, which established an assistance measure to cover the financing of the provision to the Armed Forces of Ukraine of equipment and supplies not designed to deliver lethal force, such as personal protective equipment, first aid kits and fuel.
(3)The financial reference amount under Decision (CFSP) 2022/339, as last amended by Council Decision (CFSP) 2023/229note, is EUR 380000000.
(4)In light of the ongoing war of aggression by the Russian Federation against Ukraine, the financial reference amount of the assistance measure under Decision (CFSP) 2022/339 should be increased by an additional EUR 372115534,32 intended to cover the financing of the provision to the Ukrainian Armed Forces of equipment and supplies not designed to deliver lethal force, such as personal protective equipment, first aid kits and fuel.
(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/CFSPnote, 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 Charter of the United Nations, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law.
(7)Decision (CFSP) 2022/339 should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1#
In Decision (CFSP) 2022/339, Article 2 is amended as follows:
(1)paragraph 1 is replaced by the following:‘1.The financial reference amount intended to cover the expenditure related to the assistance measure shall be EUR 752115534,32.’;
(2)paragraphs 3 and 4 are replaced by the following:‘3.In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for assistance measures may call for contributions of up to EUR 752115534,32 following the adoption of this Decision. The funds called for by the administrator for assistance measures shall be used only to pay expenditure within the limits approved by the Facility Committee established by Decision (CFSP) 2021/509 in the related amending and annual budgets corresponding to the Assistance Measure.4.Expenditure related to the implementation of the Assistance Measure shall be eligible from 1 January 2022 and until a date to be determined by the Council. Without prejudice to the additional expenditure that could be financed under this Assistance Measure with the additional contributions made available by Member States which abstained from an assistance measure pursuant to Article 5(3) of Decision (CFSP) 2021/509, the financial reference amount shall be used as follows:
(a)the maximum eligible expenditure incurred before 11 March 2022 shall be EUR 50000000;
(b)the maximum amount eligible for the period from 11 March 2022 to 20 July 2022 shall be EUR 110000000;
(c)the maximum amount eligible for the period from 21 July 2022 to 20 November 2022 shall be EUR 20000000;
(d)the maximum amount eligible for the period from 21 November 2022 to 28 February 2023 shall be EUR 200000000;
(e)the maximum amount eligible for the period from 1 March 2023 to 31 May 2023 shall be EUR 103450411,87;
(f)the maximum amount of EUR 372115534,32 shall be eligible from 1 June 2023;
(g)expenditure related to maintenance and repair shall be eligible from 17 October 2022, and expenditure related to refit shall be eligible from 2 February 2023.’.
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