Recital (35) · Regulation (EU) 2026/2387

(35)Regulation (EU) 2026/467 of the European Parliament and of the Council^note provides for Union assistance to Ukraine in the form of a loan aimed at providing predictable, continuous, flexible and timely financial and economic assistance to help meet financing needs arising from Russia’s war of aggression against Ukraine and its failure to pay reparations. In accordance with Article 13(4), point (f), of that Regulation, manufacturers and subcontractors involved in the production of defence products that have fulfilled eligibility conditions under certain Union defence programmes equivalent to the eligibility conditions laid down in that Regulation can be considered to fulfil the eligibility conditions set out therein. As the Programme had not been established at the time of adoption of that Regulation, it is appropriate to amend that Regulation to provide that the recipients of Union funding under the Programme that have fulfilled equivalent eligibility conditions can be considered to fulfil the eligibility conditions under that Regulation, provided that no subsequent changes have called into question the fulfilment of those conditions.

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Defined terms · 10

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background information
means any information necessary for, or useful to, the implementation of the Programme, generated before or outside the framework of an action supported by the Programme and provided to and used for the purposes of that action;
control
means the ability to exercise decisive influence over a legal entity directly, or indirectly through one or more intermediate legal entities;
defence product
means any defence-related product as referred to in the Annex to Directive 2009/43/EC of the European Parliament and of the Council, as well as works, supplies and services directly related to those products for any and all elements of their life cycle within the meaning of Article 2, point (c), of Directive 2009/81/EC;
emerging and disruptive defence product
means an enhanced or completely new defence product that:
executive management structure
means a body of a legal entity, appointed in accordance with national law and, where applicable, reporting to the chief executive officer of that entity, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors the legal entity’s management decision-making;
foreground information
means data, know-how or information generated in the implementation of the Programme, whatever its form or nature;
legal entity
means:
non-associated third-country entity
means:
results
means any tangible or intangible effect of an action supported by the Programme, such as data, know-how or information, whatever its form or nature and whether or not it can be protected, as well as any rights attached to that effect, including intellectual property rights;
small and medium-sized enterprises
(‘SMEs’) means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC;