(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,