Council Decision (CFSP) 2026/2366

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(2) thereof,Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,Whereas:

(1)Council Decision (CFSP) 2021/509^note 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)On 28 February 2022, in response to the war of aggression by the Russian Federation against Ukraine, the Council adopted Decision (CFSP) 2022/338^note which established an assistance measure to cover the financing of the provision to the Armed Forces of Ukraine of military equipment, and platforms, designed to deliver lethal force.

(3)On 18 March 2024, on the basis of a proposal by the High Representative of the Union for Foreign Affairs and Security Policy to establish a Ukraine Assistance Fund (UAF), the Council adopted Decision (CFSP) 2024/890^note amending Decision (CFSP) 2021/509 to increase the overall financial ceiling of the EPF by EUR 5000000000 in 2024 (in current prices), an amount specifically dedicated to Ukraine, and aimed at ensuring sustainable and predictable military support to Ukraine.

(4)On 26 October 2026, the Council adopted Decision (CFSP) 2026/ 2364^note which increased the financial reference amount of the assistance measure under Decision (CFSP) 2022/338 by EUR 1798856325,22 to EUR 5918856325,22. In light of the ongoing war of aggression by the Russian Federation against Ukraine, that financial reference amount should be increased by an additional EUR 2179060000,00 from the UAF, intended to cover the financing of the provision to the Armed Forces of Ukraine of military equipment, and platforms, designed to deliver lethal force, including for the coverage of existing reimbursement requests communicated to the European Union Military Staff Clearing House Cell before 18 March 2024, the date of establishment of the UAF, and until 15 November 2024.

(5)On 21 May 2024, the Council adopted Decision (CFSP) 2024/1470^note, which amended Decision 2014/512/CFSP^note in order to provide that central securities depositories holding assets and reserves with a total value of more than EUR 1000000 are to contribute from their extraordinary net profits arising from the immobilisation of Russian assets a financial contribution equivalent to 99,7 % of those net profits accumulating since 15 February 2024. That Decision provides that a specific percentage of the amounts of the financial contribution paid to the Union, which is to be reviewed yearly, is to be used to support Ukraine, through the EPF.

(6)Also on 21 May 2024, the Council adopted Decision (CFSP) 2024/1471^note on the allocation of the amounts of the financial contribution paid to the EPF pursuant to Decision (CFSP) 2024/1470. That Decision specifies that the amounts allocated to the EPF pursuant to Decision (CFSP) 2024/1470 are to be allocated to assistance measures for the supply of military support to the Armed Forces of Ukraine, and that the allocation of the received amounts between assistance measures is to be determined and periodically reviewed by the Facility Committee established under Decision (CFSP) 2021/509 in accordance with a dedicated strategic orientation provided by the Political and Security Committee pursuant to Article 9(2) of Decision (CFSP) 2021/509. This assistance measure should remain available for future allocations of the received amounts.

(7)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^note, and in accordance with the rules for the implementation of revenue and expenditure financed under the EPF.

(8)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 Charter of the United Nations, with the Universal Declaration of Human Rights and with international law, in particular international human rights law and international humanitarian law.

(9)Decision (CFSP) 2022/338 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION: