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Council Decision (CFSP) 2026/2366 of 26 October 2026 amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force

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L_202602366EN.000101.fmx.xml Official Journal of the European Union EN L series 2026/2366 27.10.2026 COUNCIL DECISION (CFSP) 2026/2366 of 26 October 2026 amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force 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 ( 1 ) 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 ( 2 ) 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 ( 3 ) amending Decision (CFSP) 2021/509 to increase the overall financial ceiling of the EPF by EUR 5 000 000 000 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 ( 4 ) which increased the financial reference amount of the assistance measure under Decision (CFSP) 2022/338 by EUR 1 798 856 325,22 to EUR 5 918 856 325,22. 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 2 179 060 000,00 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 ( 5 ) , which amended Decision 2014/512/CFSP ( 6 ) in order to provide that central securities depositories holding assets and reserves with a total value of more than EUR 1 000 000 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 ( 7 ) 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 ( 8 ) , 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: Article 1 Decision (CFSP) 2022/338 is amended as follows: (1) in Article 1, paragraph 4 is replaced by the following: ‘4. The duration of the Assistance Measure shall be 82 months from the adoption of this Decision.’ ; (2) Article 2 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. The financial reference amount intended to cover the expenditure related to the Assistance Measure shall be EUR 8 097 916 325,22.’ ; (b) paragraphs 3 and 4 are replaced by the following: ‘3. In accordance with Article 29(5) of Decision (CFSP) 2021/509, the administrator for assistance measures may call for contributions of up to EUR 8 097 916 325,22 following the adoption of this Decision. The funds called for by the administrator for assistance measures shall be used only to pay expenditure within the limits approved by the Facility Committee established by Decision (CFSP) 2021/509 in the related amending and annual budgets corresponding to the Assistance Measure. 4. Expenditure related to the implementation of the Assistance Measure shall be eligible from 1 January 2022 and until 15 November 2024: (a) the maximum eligible expenditure incurred before 11 March 2022 shall be EUR 446 374 895,54; (b) the maximum amount eligible for the period from 11 March 2022 to 20 July 2022 shall be EUR 1 386 484 776,34; (c) the maximum amount eligible for the period between 21 July 2022 and 30 November 2022 shall be EUR 654 326 601,50; (d) the maximum amount eligible for the period from 1 December 2022 to 10 February 2023 shall be EUR 473 000 113,21; (e) the maximum amount eligible for the period from 11 February 2023 to 18 March 2023 shall be EUR 159 813 613,41; (f) the maximum amount eligible for the period from 19 March 2023 to 15 April 2023 shall be EUR 303 502 675,17; (g) the maximum amount eligible for the period from 16 April 2023 to 23 December 2023 shall be EUR 1 926 312 719,65; (h) the maximum amount of EUR 2 179 060 000,00 shall be eligible for the period from 24 December 2023 to 15 November 2024; (i) in addition to the amounts set out in subparagraphs (a) to (h), the maximum amount of EUR 569 040 930,40 shall be eligible from 9 February 2023 to 31 May 2023 for financing the reimbursement of donated materiel from existing stocks or from reprioritisation of existing orders delivered during that period, regarding ground-to-ground and artillery ammunition, and, if requested, missiles; (j) expenditure related to maintenance and repair shall be eligible from 17 October 2022, and expenditure related to refit shall be eligible from 2 February 2023.’ ; (c) the following paragraph is added: ‘5. Without prejudice to the exhaustion of the amounts in paragraph 4 of this Article and to the duration established in Article 1(4) of this Decision, this assistance measure shall remain available for the allocation of amounts received by the EPF pursuant to Article 1a(11) of Council Decision 2014/512/CFSP ( *1 ) . ( *1 ) Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine ( OJ L 229, 31.7.2014, p. 13 , ELI: http://data.europa.eu/eli/dec/2014/512/oj ).’." Article 2 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 26 October 2026. For the Council The President M. HEYDON ( 1 ) Council Decision (CFSP) 2021/509 of 22 March 2021 establishing a European Peace Facility, and repealing Decision (CFSP) 2015/528 ( OJ L 102, 24.3.2021, p. 14 , ELI: http://data.europa.eu/eli/dec/2021/509/oj ). ( 2 ) Council Decision (CFSP) 2022/338 of 28 February 2022 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force ( OJ L 60, 28.2.2022, p. 1 , ELI: http://data.europa.eu/eli/dec/2022/338/oj ). ( 3 ) Council Decision (CFSP) 2024/890 of 18 March 2024 amending Decision (CFSP) 2021/509 establishing a European Peace Facility ( OJ L, 2024/890, 19.3.2024, ELI: http://data.europa.eu/eli/dec/2024/890/oj ). ( 4 ) Council Decision (CFSP) 2026/2364 of 26 October 2026 amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force ( OJ L, 2026/2364, 27.10.2026, ELI: http://data.europa.eu/eli/dec/2026/2364/oj ). ( 5 ) Council Decision (CFSP) 2024/1470 of 21 May 2024 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine ( OJ L, 2024/1470, 22.5.2024, ELI: http://data.europa.eu/eli/dec/2024/1470/oj ). ( 6 ) Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine ( OJ L 229, 31.7.2014, p. 13 , ELI: http://data.europa.eu/eli/dec/2014/512/oj ). ( 7 ) Council Decision (CFSP) 2024/1471 of 21 May 2024 on the allocation of the amounts of the financial contribution paid to the European Peace Facility pursuant to Decision (CFSP) 2024/1470 ( OJ L, 2024/1471, 22.5.2024, ELI: http://data.europa.eu/eli/dec/2024/1471/oj ). ( 8 ) Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment ( OJ L 335, 13.12.2008, p. 99 , ELI: http://data.europa.eu/eli/compos/2008/944/oj ). ELI: http://data.europa.eu/eli/dec/2026/2366/oj ISSN 1977-0677 (electronic edition)

Council Decision (CFSP) 2026/2366 of 26 October 2026 amending Decision (CFSP) 2022/338 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force

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