Considerations on COM(2024)224 - EU position in the Council of Europe bodies on the change of status of the EU from Associate Member to Participant in the Enlarged Partial Agreement on the Register of Damage caused by the Aggression of Russia against Ukraine

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table>(1)On 14 November 2022, the United Nations (UN) General Assembly adopted a Resolution recognising the need for the establishment, in cooperation with Ukraine, of an international mechanism for reparation for damage, loss or injury arising from the internationally wrongful acts of the Russian Federation in or against Ukraine and recommending the creation by the UN Member States, in cooperation with Ukraine, of an international register of damage to serve as a record of evidence and claims information on such damage, loss or injury.
(2)On 12 May 2023, the Committee of Ministers of the Council of Europe adopted a Resolution establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (‘the Register’).

(3)The Register is to 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 to the State of Ukraine, caused as from 24 February 2022 in the territory of Ukraine by the Russian Federation’s internationally wrongful acts in or against Ukraine.

(4)On 11 May 2023, the Union joined the Register as a founding Associate Member by means of a notification to the Secretary-General of the Council of Europe. On 16 May 2023, the Union signed the Declaration in support of the Register set out in Appendix I to the Reykjavík Declaration. The Union joined the Register as an Associate Member without prejudice to the possibility of a future change in its status from Associate Member to Participant in the Register.

(5)On 29 February 2024, the European Parliament and the Council adopted Regulation (EU) 2024/792 (1), establishing the Ukraine Facility thereby providing a legal basis for funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine.

(6)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 its interest in enjoying the full rights as Participant in the Register, it is appropriate to change the Union’s status in the Register from Associate Member to Participant. The Union’s change of status in the Register should be without prejudice to the Member States’ competence as regards the Register.

(7)The Union’s change of status in the Register is without prejudice to future decisions that may be taken in the framework of the Union’s common foreign and security policy, in particular regarding the future international compensation mechanism, which may include a claims commission and a compensation fund, referred to in the Register.

(8)Participants in the Register are required to pay an annual compulsory contribution to the Register. For the Union, this payment is to be made in accordance with Regulation (EU) 2024/792,