Considerations on COM(2024)224 -

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dossier COM(2024)224 - .
document COM(2024)224
date May 30, 2024
 
(1) On 14 November 2022, the United Nations General Assembly adopted a Resolution recognising the need for the establishment of an international mechanism for reparation for damage, loss or injury arising from the internationally wrongful acts of the Russian Federation against Ukraine. The Resolution further recommends the creation by Member States, in cooperation with Ukraine, of an international register of damage to serve as a record of relevant evidence and claims information thereon.

(2) On 12 May 2023, the Committee of Ministers of the Council of Europe adopted the Resolution establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine.

(3) The Register of Damage should serve as a record, in documentary form, of evidence and claims information on damage, loss or injury caused to all natural and legal persons concerned, as well as the State of Ukraine, caused from 24 February 2022 in the territory of Ukraine by Russian Federation’s internationally wrongful acts in or against Ukraine.

(4) The Union joined the Enlarged Partial Agreement on the Register of Damage as a founding Associate Member by means of a Commission Decision, adopted on 11 May 2023, pursuant to Article 220 TFEU, and notified on the same day to the Secretary General of the Council of Europe. Before adopting the Decision, the Commission had consulted the Council on the Union’s participation as founding Associate Member in the Register of Damage, which politically endorsed the decision to participate.

(5) The Commission Decision of 11 May 2023, by which the Union joined the Enlarged Partial Agreement on the Register of Damage, already acknowledged that the Union’s status as Associate Member was meant to be only a first step in the Union’s participation in said Enlarged Partial Agreement.

(6) On 29 February 2024, the European Parliament and the Council adopted Regulation (EU) 2024/792 establishing the Ukraine Facility, by which the co-legislators have inter alia provided the legal basis for funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine.

(7) Given the interest of the Union in ensuring that the Russian Federation bears the legal consequences of its internationally wrongful acts against Ukraine, including the obligation to make reparation for any damage, loss and injury caused by those acts, and in reiterating the firm commitment of the Union to participate in the Register of Damage as well as its interest in enjoying the full rights as Participant, it is appropriate to change the Union’s status in the Enlarged Partial Agreement on the Register of Damage from Associate Member to Participant.

(8) Participants in the Enlarged Partial Agreement on the Register of Damage are required to pay an annual compulsory contribution to the Register of Damage. For the Union, this payment should be made in accordance with the relevant provisions of Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility.