Council Decision (EU) 2025/702 of 17 March 2025 authorising the European Commission to take part, on behalf of the Union, in the negotiations for an international instrument setting up an International Claims Commission for Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(3) and (4) thereof,

Having regard to the recommendation from the European Commission,

Whereas:

1. In view of the unprovoked and unjustified war of aggression waged by the Russian Federation against Ukraine, on 14 November 2022, the United Nations (UN) General Assembly adopted Resolution ES-11/5, entitled ‘Furtherance of remedy and reparation for aggression against Ukraine’.

2. In addition to recalling the obligations of all States under Article 2 of the UN Charter, including that of refraining in their international relations from the threat or use of force against the territorial integrity or political independence of any State, the UN General Assembly expressed grave concern at the loss of life, civilian displacement, destruction of infrastructure and natural resources, loss of public and private property, and economic calamity caused by the aggression by the Russian Federation against Ukraine.

3. The UN General Assembly recognised that the Russian Federation must be held to account for any violations of international law in or against Ukraine. In addition, it stressed that the Russian Federation must bear the legal consequences of all of its internationally wrongful acts, including making reparation for the injury, including any damage, caused by such acts.

4. The UN General Assembly recognised the need to establish, in cooperation with Ukraine, an international mechanism for reparation for damage, loss or injury, arising from the internationally wrongful acts of the Russian Federation in or against Ukraine. To that end, it recommended the creation of an international register of damage to serve as a record, in documentary form, of evidence and claims information on damage, loss or injury to all natural and legal persons concerned, as well as the State of Ukraine, caused by internationally wrongful acts of the Russian Federation in or against Ukraine, as well as to promote and coordinate evidence-gathering.

5. On 12 May 2023, the Committee of Ministers of the Council of Europe adopted Resolution CM/Res(2023)3 establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (the ‘Register’).

6. In order to push forward accountability efforts towards the establishment 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, the States that are Participants or Associate Members under the Enlarged Partial Agreement on the Register adopted a stepwise approach, choosing first to establish the Register. This was to be followed by the other elements of the compensation mechanism, namely a claims commission and a compensation fund. That approach was reflected in the Statute of the Register, where it is acknowledged that the Register, including its digital platform with all data about claims and evidence recorded therein, is intended to constitute the first component of a future international compensation mechanism to be established by a separate international instrument in co-operation with Ukraine and relevant international organisations and bodies.

7. After joining the Register as a founding Associate Member on 11 May 2023 by means of a notification to the Secretary-General of the Council of Europe, the Union changed its status to Participant in the Register on 22 July 2024.

8. On 29 February 2024, the European Parliament and the Council adopted Regulation (EU) 2024/792⁽¹⁾, establishing the Ukraine Facility, which, inter alia, provided the legal basis for funding for initiatives and bodies involved in supporting and enforcing international justice in Ukraine, such as for the Union’s financial contribution to the Register.

9. In 2024, the Office of the President of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Ministry of Foreign Affairs of the Kingdom of the Netherlands and the Register invited the States that supported the adoption of UN General Assembly Resolution A/RES/ES-11/5 to preparatory meetings on an international instrument setting up an International Claims Commission for Ukraine. The first formal negotiation round is expected to take place in March 2025.

10. The Secretariat of the Register prepared a ‘zero draft’ of an international instrument setting up an International Claims Commission for Ukraine. The ‘zero draft’ includes provisions on the International Claims Commission’s mandate, function, legal status, seat, membership and participation, organisational structure, financing and budget as well as on the procedure for the review of claims, membership of the Russian Federation and transfer of the work of the Register.

11. Given the interest of the Union in reiterating its firm commitment to ensuring that the Russian Federation bear the legal consequences of its internationally wrongful acts in or against Ukraine, including the obligation to make reparation for any damage, loss or injury caused by those acts, it is appropriate for the Union to participate in the negotiations for an international instrument setting up an International Claims Commission for Ukraine. This is without prejudice to the Member States’ competence to negotiate and conclude such international instrument,

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