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Dieses Dokument ist Teil der Anfrage „FOI request: EUTM, EUCAP, EUBAM“
Whereas:
(1) In accordance with Decision (CFSP) 2021/5091, a European Peace Facility (EPF) was
established for the financing by Member States of Union actions under the Common
Foreign and Security Policy to preserve peace, prevent conflicts and strengthen
international security pursuant to Article 21(2), point (c), of the Treaty. In particular, in
accordance with Article 1(2), point (b)(i), of Decision (CFSP) 2021/509, the EPF may
finance actions to strengthen the capacities of third States and regional and international
organisations relating to military and defence matters.
(2) The current crisis in Mali and the Sahel region is multidimensional, with a severe risk of
spillover to neighbouring countries, and specifically to the Gulf of Guinea. The
international community, including the Union as well as Member States, has recently
invested considerable efforts to support the Republic of Mali in its fight against terrorism.
The European Union Training Mission in Mali (EUTM Mali) continues its support to the
capacity building of the Malian armed forces, as part of the EU Integrated Approach to the
crisis in Mali.
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).
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(3) In its Resolution 2391 (2017) as well as Resolutions 2480 (2019) and 2584 (2021) with
regard to Mali, the United Nations Security Council affirmed its strong commitment to the
sovereignty, independence, unity and territorial integrity of the countries of the Group of
Five for the Sahel (G5 Sahel), namely Burkina Faso, Chad, Mali, Mauritania and Niger,
commended the contribution of bilateral and multilateral partners to strengthening security
capacities in the Sahel region, in particular the role of the European Union missions
(EUTM Mali, EUCAP Sahel Mali and EUCAP Sahel Niger) in providing training and
strategic advice to national security forces in the Sahel region, welcomed the efforts of the
French Forces to support the operations of the G5 Sahel Joint Force, and called for
adequate coordination, exchange of information and, when applicable, support between the
United Nations Multidimensional Integrated Stabilisation Mission in Mali, the Malian
Armed Forces, the G5 Sahel Joint Force, the French Forces and the European Union
missions in Mali.
(4) In his letter of 4 November 2021 addressed to the High Representative of the Union for
Foreign Affairs and Security Policy (the ‘High Representative’), the Malian Minister of
Foreign Affairs requested the Union to continue and enhance its support to the Malian
armed forces in three key areas, in conjunction with EUTM Mali.
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(5) This assistance measure is to be implemented taking into account the principles and
requirements set out in Decision (CFSP) 2021/509, and in particular compliance with
Council Common Position 2008/944/CFSP1, and in accordance with the rules for the
implementation of revenue and expenditure financed under the EPF.
(6) The implementation will also be subject to the regular assessment of political
developments in Mali, in accordance with the integrated methodological framework for
assessing and identifying the required mitigating measures and controls for assistance
measures under the EPF. The implementation should, in particular, not contravene the
security and defence interests of the Union and its Member States.
(7) 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 and international humanitarian law,
HAS ADOPTED THIS DECISION:
1 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).
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Article 1
Establishment, objectives, scope and duration
1. An Assistance Measure to be financed under the European Peace Facility (EPF) (the
‘Assistance Measure’) is hereby established, benefiting the Republic of Mali
(the ‘beneficiary’).
2. The objective of the Assistance Measure is to strengthen the overall capacities of the
Malian armed forces with a view to enabling them to conduct military operations aiming at
restoring Malian territorial integrity and reducing the threat posed by terrorist groups. This
should benefit the population, and contribute to an enhanced presence of the State services
in remote areas and to the better protection of civilians.
3. To achieve the objectives set out in paragraph 2, the Assistance Measure aims to further
professionalise supported units of the Malian armed forces through relevant and adequate
training and equipment provided through three projects:
(a) support to the Non-Commissioned Officers’ (NCO) Academy in Banankoro;
(b) renovating training infrastructure in Sévaré-Mopti; and
(c) providing equipment not designed to deliver lethal force for three companies of
the 23rd Regiment of the 2nd military region of Mali, according to the needs of the
Unité légère de reconnaissance et d’intervention (ULRI).
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4. The duration of the Assistance Measure shall be 30 months from the date of conclusion of
the contract between the Administrator for Assistance Measures and the entity referred to
in Article 4(3) 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 a maximum of EUR 24 000 000. 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 21 600 000. 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 2021 amending budget corresponding to this Assistance Measure.
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.
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2. The arrangements referred to in paragraph 1 shall include provisions obliging the
beneficiary to ensure:
(a) compliance with relevant international law, in particular international human rights
and international humanitarian law, as well as the commitment of the Malian
government to enhance the fight against impunity, in particular regarding human
rights violations, and to take the necessary steps to strengthen the accountability of
units benefiting from the Assistance Measure;
(b) the proper and efficient use of any assets provided under the Assistance Measure, for
the purposes for which they were provided, by units and personnel that are trained
under the supervision of EUTM or accompanied by international forces which are
EU partners and that have not been reported as having committed abuses or violence;
(c) that any assets provided under this Assistance Measure will be used only by Malian
forces and, in case of any form of collaboration, exclusively with state actors which
are armed forces of EU partners, in particular the G5 Sahel Joint Force and G5 Sahel
armed forces;
(d) the sufficient maintenance of any assets provided under the Assistance Measure to
ensure their usability and their operational availability over their life cycle;
(e) that any assets provided under the Assistance Measure will not be lost, or be
transferred at the end of their life-cycle to persons or entities other than those
identified in the arrangements referred to in paragraph 1 without the consent of the
Facility Committee established under Decision (CFSP) 2021/509.
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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.
4. In case of breaches of the arrangements referred to in paragraph 1 or of the provisions and
obligations set out in this Article, the High Representative shall, in response, take
proportionate steps in the context of the integrated approach, up to or including requiring
the return of the relevant assets provided under the Assistance Measure.
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 High Representative shall authorise the delivery of the assistance only after the
acceptance by the beneficiary of the various contracts, arrangements, requirements,
obligations and conditions referred to or set out in this Decision.
3. The implementation of the activities referred to in Article 1(3) shall be carried out by
Expertise France.
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4. In accordance with Article 61(4) of Decision (CFSP) 2021/509, the Administrator for
Assistance Measures shall conclude the necessary contracts with the implementing actors.
Article 5
Monitoring, control and evaluation
1. The High Representative shall ensure monitoring of compliance by the beneficiary with the
obligations established in Article 3. That monitoring shall provide awareness about the
context and the risks of breaches of those obligations, and shall contribute to the
prevention of such breaches, including violations of international human rights and
international humanitarian law, involving the use of equipment provided under the
Assistance Measure. In such cases, the High Representative shall report to the Political and
Security Committee (PSC) and propose proportionate measures.
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 and state of designated items throughout their life-cycle or until such
reporting is no longer deemed necessary by the PSC;
(c) on-site controls, whereby the beneficiary is to grant the High Representative access
to conduct on-site controls upon request.
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3. Taking into account the provisions set out in Article 3(2), the High Representative shall
conduct an evaluation, in the form of a first assessment of the Assistance Measure in three
parts, six months after the delivery of the equipment to the three companies of
the 23rd Regiment, six months after the end of the first graduating class of the NCO
Academy, and six months after the completion of the construction of the training facility in
Sévaré-Mopti. The evaluation will entail on-site visits to check the equipment and supplies
delivered under the Assistance Measure, or any other effective forms of independently
provided information.
A final evaluation shall be conducted at the end of the implementation period of the
Assistance Measure to assess whether the Assistance Measure has contributed to achieving
the stated objectives.
Article 6
Reporting
At the beginning of and during the implementation period, the High Representative shall provide
the PSC with six-monthly reports that shall include up-to-date information on the state of
implementation of the Assistance Measure, in accordance with Article 63 of Decision
(CFSP) 2021/509, as well as upon request and in the event of any substantial reported breaches of
the arrangement or in the event of any relevant political or security developments. 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.
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Article 7
Suspension and termination
1. The High Representative shall assess information on possible breaches or infringements of
the commitments and obligations under the arrangement between the beneficiary and the
High Representative, leading to an examination by the High Representative of the possible
suspension or termination at any time of the Assistance Measure.
2. In accordance with Article 64 of Decision (CFSP) 2021/509, at the request of a Member
State or the High Representative, the PSC may decide to suspend wholly or partially the
implementation of the Assistance Measure in any of the following cases:
(a) if the beneficiary is in breach of its obligations under international law, in particular
those under international human rights or international humanitarian law, or if the
beneficiary does not observe its obligations or commitments under the arrangements
referred to in Article 3;
(b) if the contract with an implementing actor has been suspended or terminated
following a breach of its obligations thereunder;
(c) if the situation in the country or area of concern no longer allows for the measure to
be implemented whilst ensuring sufficient guarantees;
(d) if pursuing the Assistance Measure no longer contributes to achieving the stated
objectives thereof, or is no longer in the interests of the Union.
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