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Document 02024R0792-20260227
Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility
Consolidated text: Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility
Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility
02024R0792 — EN — 27.02.2026 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EU) 2024/792 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 February 2024 establishing the Ukraine Facility (OJ L 792 29.2.2024, p. 1) |
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REGULATION (EU) 2026/468 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 February 2026 |
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REGULATION (EU) 2024/792 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 February 2024
establishing the Ukraine Facility
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
It lays down the objectives of the Facility, its financing and budget for the period 2024 to 2027, the forms of Union funding under it and the rules for providing such funding.
The Facility shall provide support to Ukraine under the following three pillars:
Pillar I: financial support provided to Ukraine for the delivery of reforms and investments to implement the Ukraine Plan as well as to maintain the macro-financial stability of the country, as set out in Chapter III;
Pillar II: a specific Ukraine Investment Framework to support investments and provide access to finance as set out in Chapter IV;
Pillar III: technical assistance and related support to Ukraine to design and implement Union accession-related reforms and to foster Ukraine’s administrative capacity, borrowing costs subsidies and provisioning, as well as other relevant activities, as set out in Chapter V.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
‘measures’ means reforms and investments under the Ukraine Plan;
‘conditions’ means qualitative or quantitative steps relating to ensuring the maintenance of economic and financial stability or relating to the implementation of the reforms and investments set out in the Ukraine Plan;
‘blending operation’ means an operation supported by the Union budget that combines non-repayable forms of support, repayable forms of support or both, from the Union budget with repayable forms of support from development or other public or commercial financial institutions, including export credit agencies, or from investors.
Article 3
Objectives of the Facility
The general objectives of the Facility shall be to support Ukraine to:
address the social, economic and environmental consequences of Russia’s war of aggression, thereby contributing to the peaceful recovery, reconstruction, restoration and modernisation of the country and to the post-war recovery of Ukrainian society, including by creating the social and economic conditions for internally displaced persons and persons under temporary protection to return;
foster social and territorial cohesion, democratic, economic, environmental resilience, progressive integration into the Union and global economy and markets and upward economic, social and environmental convergence towards Union standards;
adopt and implement the political, institutional, legal, administrative, social and economic reforms required to align to Union values and to progressively align to Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership, thereby contributing to mutual stability, security, peace, prosperity and sustainability.
The specific objectives of the Facility shall include:
helping to maintain the macro-financial stability of the country and easing Ukraine’s external and internal financing constraints to ensure the continued functioning of the Ukrainian state;
rebuilding and modernising infrastructure damaged by the war, such as energy infrastructure, water systems, internal and cross-border transport networks including rail, roads and bridges and border crossing points, and educational and cultural infrastructure, and fostering modern, improved and resilient infrastructures;
contributing to demining and other mine action efforts; restoring food production capacities; helping to address social and health challenges, including mental health, and improving and strengthening the social care systems and their accessibility, in particular for specific groups, such as veterans, internally displaced persons, single parents, war widows and widowers, children, especially those without parental care, persons with disabilities, minorities, young and elderly people, and other persons in vulnerable situations;
strengthening security against hybrid threats, such as cyber threats, as well as strengthening resilience against disinformation, foreign information manipulation and interference;
fostering the transition to a sustainable, climate neutral and inclusive economy and a stable investment environment;
supporting the integration of Ukraine into the internal market; repairing, rebuilding, safeguarding and improving social infrastructure, such as housing, social, sports, youth and healthcare facilities, schools and higher education institutions; strengthening economic and social development and inclusion, with particular attention to women, as well as youth, including through quality education, training, reskilling and upskilling, and employment policies, including for researchers;
promoting science and research; support the creative sector and independent media; supporting culture and cultural heritage including cultural infrastructure; strengthening strategic economic sectors; fostering an institutional framework for investment and competition to enable individuals, and businesses, with a focus on SMEs and innovation, inter alia, by promoting equal opportunities for access to funding, regardless of the size of companies, to develop modern, competitive and sustainable products and services; supporting sustainable agriculture and rural development, aquaculture and fisheries, including alignment with Union standards and control systems concerning food safety, animal and plant health, as well as animal welfare; reforming Ukraine’s financial and banking sector, improving access to loans and insurance coverage;
further strengthening the rule of law, democracy, respect for human rights and fundamental freedoms, including through strengthening democratic institutions, in particular the Verkhovna Rada, as well as regional and municipal representative bodies, and their powers of oversight and inquiry over the distribution of and access to public funds; promoting an independent judiciary to support deoligarchisation efforts, strengthen the fight against fraud, all forms of corruption, including high level corruption, organised crime, tax evasion and tax fraud, tax avoidance and the illicit trafficking of firearms and cultural property; strengthening compliance with international law;
strengthening the freedom and independence of the media and artistic and academic freedom as well as an enabling environment for civil society; fostering social dialogue and civil society involvement; promoting non-discrimination to ensure and strengthen respect for the rights of persons belonging to all minorities, and the promotion of gender equality, the overall empowerment of women and girls, as well as, the rights of children and persons with disabilities; reinforcing the effectiveness of public administration; encouraging access to information and the participation of civil society in decision making processes and public scrutiny, and supporting transparency, structural reforms and good governance at all levels, including in the areas of public financial management and public procurement, competition and state aid; supporting initiatives and bodies and organisations involved in supporting and enforcing democracy, international justice and anti-corruption efforts in Ukraine;
developing and strengthening environmental protection, a sustainable and just green transition in all economic sectors, including Ukraine’s transition towards climate neutrality, in accordance with the Paris Agreement; improve the awareness of and fight against environmental crime; promoting digital transformation as an enabler for sustainable development and inclusive growth; supporting ecological rehabilitation following the environmental damage inflicted by military operations and contributing to decontamination, the demining effort and clearance of other explosive remnants of war as well as pollution caused by military activity;
supporting political and administrative decentralisation and local development, especially by supporting meaningful consultation and a level playing field for all levels of government when accessing funds via open, fair, neutral and transparent procedures;
supporting cross-border cooperation with the Member States bordering Ukraine in areas such as trade, environmental protection and the fight against international crime, provided that Ukraine remains the sole beneficiary of the funding.
Article 4
General principles
Article 5
Precondition for support under the Facility
CHAPTER II
FINANCING AND IMPLEMENTATION
Article 6
Budget
The resources for the implementation of the Facility shall be available through the Ukraine Reserve to be mobilised in the framework of the annual budgetary procedure in accordance with Article 10b of Regulation (EU, Euratom) 2020/2093, with the following indicative distribution:
31 % in the form of non-repayable financial support pursuant to Chapter III;
41 % for expenditure pursuant to Chapter IV;
26 % for expenditure pursuant to Chapter V;
2 % for expenditure pursuant to paragraph 5, which may be increased in exceptional circumstances but shall not in any event exceed 2,5 %.
The total resources made available pursuant to the first subparagraph shall be for an amount of up to EUR 17 000 000 000 .
The allocation of the available resources under the first subparagraph of paragraph 1 of this Article shall take into account in particular the need to cover expenditure in accordance with Article 23.
Amounts made accessible pursuant to Article 4(1) of Regulation (EU) 2026/467 ( 1 ) shall be implemented as additional financial support pursuant to Chapter III of this Regulation in the form of loans and shall be in addition to the amounts referred to in paragraphs 2 and 3 of this Article.
Article 7
Additional financial resources for the Facility
Additional amounts received as external assigned revenue within the meaning of Article 21(5) of Regulation (EU, Euratom) 2018/1046 under the relevant Union legal acts shall be added to the resources referred to in Article 6 of this Regulation.
Article 8
Implementation and forms of Union funding
Article 9
Framework agreement
The Framework Agreement shall ensure the commitment of Ukraine to achieve a high level of protection of the financial interests of the Union and shall lay down detailed provisions concerning, in particular:
the commitment of Ukraine to make decisive progress towards a robust framework to fight fraud, and establish more efficient and effective internal control systems, including appropriate mechanisms for the protection of whistleblowers as well as appropriate mechanisms and measures to effectively prevent, detect and correct irregularities, fraud, corruption and conflicts of interest as well as to support deoligarchisation efforts and to strengthen the fight against money laundering, organised crime, misuse of public funds, terrorism financing, tax avoidance, tax fraud or tax evasion, and other illegal activities affecting the funds provided under the Facility;
the activities related to control, supervision, monitoring, evaluation, reporting and audit of Union funding under the Facility, as well as detections, investigations, prosecutions, antifraud measures and cooperation, including mutual legal assistance in criminal matters and extradition;
control requirements for release of funding under the Facility to Ukraine;
rules on taxes, duties and charges in accordance with Article 27(9) and (10) of Regulation (EU) 2021/947;
the recognition of the responsibilities of the Audit Board referred to in Article 36, and the modalities of Ukraine’s cooperation with it;
the obligation for persons or entities implementing Union funds under the Facility to notify the Audit Board, the Commission, OLAF and, where applicable, the EPPO, without delay, of suspected or actual cases of irregularities, fraud, corruption and conflicts of interest and other illegal activities affecting the funds provided under the Facility and their follow-up;
the right of the Commission to monitor activities under the Facility carried out by the Ukrainian authorities, along the whole project cycle, including, inter alia, project selection and award procedures, including for public procurement, to take part in such activities as observer, as appropriate, and to make recommendations for the improvement of such activities and commitment from the Ukrainian authorities to do their best efforts to implement such recommendations of the Commission and to report on that implementation;
the obligations referred to in Article 35(2), including the precise rules and a timeframe on collection of data by Ukraine and access to it for the Commission, OLAF, the European Court of Auditors and, where applicable, the EPPO;
the obligation for Ukraine to transmit electronically to the Commission the data referred to in Article 27;
the obligations referred to in Article 43(2) on communication activities and the visibility of the Union funding.
Article 10
Financing agreements
Article 11
Rules on the eligibility of persons and entities, on the origin of supply and materials and on restrictions under the Facility
Participation in procurement and in grant and prize award procedures for activities financed under the Facility shall be open to international and regional organisations and to all natural persons who are nationals of, or legal persons effectively established in:
Member States, Ukraine, Western Balkan partners, Georgia and Moldova and Contracting Parties to the Agreement on the European Economic Area;
countries which provide a level of support to Ukraine comparable to that provided by the Union taking into account the size of their economy and for which reciprocal access to external assistance in Ukraine is established by the Commission.
The Commission shall decide by means of implementing acts on the reciprocal access after consulting Ukraine. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42.
The eligibility rules and rules on the origin of supplies and materials as set out in paragraphs 1 and 3 and the rules on the nationality of the natural persons as set out in paragraph 4 may be restricted with regard to the nationality, geographical location or nature of the legal entities participating in procurement procedures as well as with regard to the geographical origin of supplies and materials, in the following cases:
where such restrictions are required on account of the specific nature or objectives of the activity or specific award procedure or where those restrictions are necessary for the effective implementation of the activity;
where the activity or specific award procedures affect security or public order, in particular concerning strategic assets and interests of the Union, its Member States, or Ukraine, including the protection of the integrity of digital infrastructure, communication and information systems, and related supply chains.
Article 12
Carry-overs, annual instalments, commitment appropriations, surpluses from the budgetary guarantee, repayments and revenue generated by financial instruments
The third subparagraph of Article 114(2) of Regulation (EU, Euratom) 2018/1046 shall not apply to the activities referred to in the first subparagraph of this paragraph.
Article 13
Exceptional financing
CHAPTER III
PILLAR I: UKRAINE PLAN
Article 14
Preparation and submission of the Ukraine Plan
Article 15
Relation of the Ukraine Plan to the Pillars of the Facility
Article 16
Principles for financing under the Ukraine Plan
Article 17
Content of the Ukraine Plan
The Ukraine Plan shall in particular set out the following elements, which shall be duly reasoned and substantiated:
measures constituting a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote convergence with the Union, to strengthen the rule of law, democracy and respect of human rights and fundamental freedoms, as well as the application of the conditions referred to in Article 16(2), so that the Ukraine Plan as a whole raises the growth rate of the Ukrainian economy, reduces economic and social inequalities and ensures progress of Ukraine towards the Union’s social, economic, and environmental standards;
an explanation of how the Ukraine Plan contributes to and is consistent with addressing the relevant challenges identified in the context of Ukraine’s accession path, as outlined in the Commission Opinion and the Analytical Report, and the Association Agreement including a Deep and Comprehensive Free Trade Area;
an explanation of how the Ukraine Plan and its measures are consistent with the general principles referred to in Article 4, as well as requirements, plans and programmes referred to in Article 16;
an indicative timetable, and the envisaged qualitative and quantitative steps, which in the case of reforms and investments shall be measurable, to be implemented by 31 December 2027;
the arrangements for the effective implementation and monitoring of and reporting on the Ukraine Plan by Ukraine, including the proposed qualitative and quantitative steps, which in the case of reforms and investments shall be measurable, and the related indicators, as well as for the due involvement of the Verkhovna Rada;
an explanation of how the Ukraine Plan corresponds to the recovery, restoration reconstruction and modernisation needs in Ukraine’s regions and municipalities stemming from Russia’s war of aggression and thereby enhances their inclusive and sustainable economic, social, environmental and territorial development, reinforces social cohesion, supports decentralisation reform across Ukraine and convergence towards the Union’s standards; that explanation shall take into account the powers, tasks and responsibilities assigned to different levels of government;
an explanation of the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub-national authorities, in particular municipalities, as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities, including the methodology used to track related expenditure;
an explanation of how the Ukraine Plan ensures that the reconstruction projects selected and implemented by such sub-national authorities constitute an adequately substantial share of the support; that explanation shall also cover twinning and partnerships between cities, as well as peer-to-peer cooperation and programmes embedded in partnerships between cities and regions in the Union and those in Ukraine, where relevant;
for the preparation and for the implementation of the Ukraine Plan, a detailed explanation of the consultation process, conducted in accordance with the national legal framework, and of the involvement and consultations planned during implementation, of the Verkhovna Rada as well as relevant stakeholders, including local and regional representative bodies and authorities, social partners and civil society organisations, and of how the input of those stakeholders is reflected in the Ukraine Plan;
an explanation of the extent to which the measures under the Ukraine Plan are expected to contribute to:
climate and environmental objectives, including biodiversity conservation, in particular those measures related to relevant initiatives and reforms, and how compatibility with the principle of ‘do no significant harm’ is ensured to the extent possible in a context of war or post-war recovery and reconstruction;
the promotion of the rule of law;
social objectives, including the inclusion of groups in vulnerable situations, and ensuring the best interests of children; and
gender equality and the empowerment of women and girls, and promotion of women and girls’ rights;
a detailed explanation of Ukraine’s system and planned measures to effectively prevent, detect and correct irregularities, fraud, all forms of corruption, including high-level corruption, or any other illegal activity affecting the financial interests of the Union, and conflicts of interest, as well as to effectively investigate and prosecute offences affecting the funds provided under the Facility, and of the arrangements that aim to avoid double funding from the Facility and other Union programmes or donors, as well as to ensure swift judicial cooperation with competent authorities of the Union and its Member States;
an explanation of how the Ukraine Plan ensures that other donors are able to contribute to supporting its measures;
any other relevant information.
Article 18
Commission assessment of the Ukraine Plan
In its assessment, the Commission shall take into account the following criteria:
whether the Ukraine Plan represents a needs-based, coherent, comprehensive and adequately balanced response to the objectives set out in Article 3, including structural reforms and measures to promote the convergence with the Union, to strengthen the rule of law, democracy, the respect of human rights and fundamental freedoms as well as the application of the conditions referred to in Article 16(2), so that the Ukraine Plan as a whole raises the growth rate of the Ukrainian economy, reduces economic and social inequalities and ensures Ukraine’s progress towards the Union’s social, economic, and environmental standards;
whether the Ukraine Plan contributes to and is consistent with addressing the relevant challenges identified in the context of Ukraine’s accession path, as outlined in the Commission Opinion and the Analytical Report, and the Association Agreement including a Deep and Comprehensive Free Trade Area;
whether the Ukraine Plan and its measures are consistent with the general principles referred to in Article 4, as well as the requirements, plans and programmes referred to in Article 16;
whether the Ukraine Plan corresponds to the recovery, restoration, reconstruction and modernisation needs stemming from Russia’s war of aggression in Ukraine’s regions and municipalities and thereby enhances their inclusive and sustainable economic, social, environmental and territorial development, reinforces social cohesion, and supports the decentralisation reform across Ukraine and convergence towards the Union’s standards; whether it takes into account the powers, tasks and responsibilities assigned to different levels of government; whether the methodology and processes used for the selection and implementation of projects, and the mechanisms to involve sub-national authorities, in particular municipalities as well as civil society organisations, in decision-making on the use of support in the reconstruction process at local level and in the democratic scrutiny process, in particular timely and equal access to information and funds for the relevant sub-national authorities are appropriate; whether the methodology used to track related expenditure for the reconstruction projects selected and implemented by such sub-national authorities is appropriate and whether such projects constitute an adequately substantial share of the support;
whether the measures in the Ukraine Plan are expected to contribute to climate change mitigation and adaptation, environmental protection, including biodiversity conservation, and to the green transition, or to addressing the challenges resulting therefrom; whether the measures included in the Ukraine Plan are compatible with the principle of ‘do no significant harm’, to the extent possible, in a context of war or post-war recovery and reconstruction;
whether the measures in the Ukraine Plan are expected to contribute to the promotion of the rule of law;
whether the measures in the Ukraine Plan are expected to contribute to social objectives, including the inclusion of groups in vulnerable situations, and ensure the best interests of children;
whether the measures in the Ukraine Plan are expected to promote gender equality and the empowerment of women and girls;
whether the arrangements proposed by Ukraine are expected to ensure an effective implementation and monitoring of and reporting on the Ukraine Plan and any updates thereof, in particular the due involvement of the Verkhovna Rada, including the measurable qualitative and quantitative steps, and the related indicators;
whether the arrangements proposed by Ukraine are expected to effectively ensure an adequate level of protection of the financial interests of the Union, in particular by preventing, detecting and correcting irregularities, fraud, all forms of corruption, including high-level corruption, conflicts of interest, or any other illegal activity affecting the financial interests of the Union; whether the arrangements proposed support the effective investigation and prosecution of offences affecting the funds provided under the Facility and ensure swift judicial cooperation with competent authorities of the Union and its Member States; whether the arrangements proposed by Ukraine are expected to allow avoiding double funding from the Facility and other Union programmes as well as other donors;
whether the Verkhovna Rada has been duly consulted, and whether the Ukraine Plan takes into account, where appropriate, the inputs of stakeholders, including local and regional representative bodies and authorities, social partners and civil society organisations, in accordance with the national legal framework;
whether the Ukraine Plan ensures that other donors are able to support its objectives.
Article 19
Council implementing decision
The Commission proposal for a Council implementing decision shall set out, for the part to be funded by the Facility:
the reforms and investments to be implemented by Ukraine, the conditions laid down in the Ukraine Plan, including those in the form of measurable qualitative and quantitative steps corresponding to the related reforms and investments, as referred to in Article 16(2), including the indicative timetable;
the total and annual maximum amounts for non-repayable financial support and the total and annual indicative maximum amounts of the loan support referred to in Article 6(1), first subparagraph, point (a), and (2) and relevant contributions under paragraph 4 of that Article;
the instalments, structured in accordance with Article 16(2) and with point (b) of this paragraph, to be paid once Ukraine has achieved satisfactory fulfilment of the relevant qualitative and quantitative steps identified in relation to the implementation of the Ukraine Plan;
the envisaged timetable for disbursement of the support and its payment schedule;
the amount of the loan support to be paid in the form of a pre-financing in accordance with Article 24;
the time limit, which shall expire no later than 31 December 2027, by which the final qualitative and quantitative steps for both investment projects and reforms must be completed;
the arrangements and timetable for monitoring and implementation of the Ukraine Plan, including the due involvement of the Verkhovna Rada, as well as, where relevant, measures necessary for complying with Article 35;
the indicators for assessing progress towards the achievement of the general and specific objectives mentioned in Article 3;
the arrangements for providing full access by the Commission to the underlying relevant data;
information on the actual and planned contributions from other donors and an explanation on the coordination measures in the development and implementation of the Ukraine Plan which would ensure the achievement of its objectives;
an analysis of the impact of the Ukraine Plan on the macroeconomic situation, taking into account the debt sustainability of Ukraine.
Article 20
Amendments to the Ukraine Plan
Article 21
Scoreboard for the Ukraine Plan
Article 22
Loan agreement and borrowing and lending operations
Upon adoption of the Council implementing decision referred to in Article 19(1) of this Regulation in respect of the amounts referred to in second subparagraph of Article 6(4) of this Regulation, the Commission shall enter into an amendment or addendum to the loan agreement with Ukraine referred to in the first subparagraph of this paragraph with the purpose of ensuring the implementation of the amounts pursuant to Chapter III of this Regulation, with the exception of rules on the duration and repayment of the loan, including borrowing cost subsidy, which shall be governed by Regulation (EU) 2026/467.
Article 23
Borrowing costs subsidy
Article 24
Pre-financing
Article 25
Exceptional bridge financing
The MoU shall be adopted and amended by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42.
Article 26
Rules on payments, withholding and reduction of non-repayable financial support and loans
Article 27
Transparency with regard to persons and entities receiving funding for the implementation of the Ukraine Plan
For persons and entities referred to in paragraph 1, the following information shall be published in a machine-readable format on a webpage, in order of total funds received, having due regard to the requirements of confidentiality and security, in particular the protection of personal data:
in the case of a legal person, the recipient’s full legal name and VAT identification number or tax identification number, where available, or another unique identifier established at the national level;
in the case of a natural person, the first and last name or names of the recipient;
the amount received by the recipient and the reforms and investments under the Ukraine Plan that this amount contributes to implementing.
CHAPTER IV
PILLAR II: UKRAINE INVESTMENT FRAMEWORK
Article 28
Scope and structure
Article 29
Additional contributions to the Ukraine Guarantee and to financial instruments
Article 30
Implementation of the Ukraine Guarantee and financial instruments
Article 31
Ukraine Guarantee
The Ukraine Guarantee shall be used to cover risks for the following types of operations aiming at supporting sovereign, sub-sovereign, non-commercial and commercial entities, and the private sector:
loans, including local currency loans;
guarantees;
counter-guarantees;
capital market instruments;
any other form of funding or credit enhancement, insurance, and equity or quasi-equity participations.
The Commission shall provide information on the signature of each Ukraine Guarantee agreement in the reports referred to in Article 28(10). Upon their request, those agreements shall be made available to the European Parliament and the Council without undue delay, taking into account the protection of confidential and commercially sensitive information.
The Ukraine Guarantee agreements shall contain, in particular:
detailed rules on the coverage of the Ukraine Guarantee, estimated annual investments, requirements, eligibility, and procedures;
detailed rules on the provision of the Ukraine Guarantee, including its arrangements on the coverage and its defined coverage of portfolios and of projects of specific types of instruments, as well as a risk analysis of projects and project portfolios, including at sectoral, regional, and national levels;
a reference to the objectives and purpose of the Facility, an assessment of the needs and an indication of the expected results;
the remuneration of the Ukraine Guarantee, which shall be set on concessional terms reflecting the specific situation in a war-torn Ukraine, while taking into account the respective risk profiles of the investment programmes in order to ensure a level playing field;
requirements for the use of the Ukraine Guarantee, including payment conditions, such as specific time frames, interest to be paid on due amounts, expenses and recovery costs and possibly necessary liquidity arrangements;
claims procedures, including, but not limited to, triggering events and waiting periods, and procedures regarding the recovery of claims;
monitoring, reporting, transparency and evaluation obligations;
clear and accessible complaints procedures for third parties that could be affected by the implementation of projects supported by the Ukraine Guarantee.
The Commission may use up to 30 % of the amount referred in paragraph 1 of this Article to increase the amounts of the guarantee provided through External Action Guarantee agreements concluded pursuant to Article 38 of Regulation (EU) 2021/947 subject to the following:
for the purpose of this paragraph, the Ukraine Guarantee shall be implemented by an amendment or an addendum to agreements concluded pursuant to Article 38 of Regulation (EU) 2021/947 with the eligible counterparts selected pursuant to Article 35 of that Regulation increasing the guarantee amount under those agreements, to be signed within four months from the entry into force of this Regulation;
the eligible counterparts shall use the Ukraine Guarantee under this paragraph solely for the support of the implementation of the operations in Ukraine and only guarantee calls from operations in Ukraine are eligible for coverage by the Ukraine Guarantee under this paragraph;
by way of derogation from the second subparagraph of Article 36(1) of Regulation (EU) 2021/947 the operations covered by the Ukraine Guarantee under this paragraph shall constitute a separate portfolio of Ukraine Guarantee and shall not be taken into account for the purposes of calculating the 65 % coverage referred to in Article 36(1) of Regulation (EU) 2021/947;
the risk sharing in the separate portfolio of the Ukraine Guarantee shall ensure an alignment of interest between the Commission and the eligible counterpart in accordance with Article 209(2), point (e), of Regulation (EU, Euratom) 2018/1046 and the counterpart shall contribute with its own resources to this portfolio in accordance with Article 219(4) of that Regulation;
counterparts shall establish separate accounting and reporting for the implementation of the Ukraine Guarantee under this paragraph;
Article 32 of this Regulation shall apply to the provisioning of the Ukraine Guarantee under this paragraph, which shall be exclusively used for coverage of losses under the Ukraine Guarantee; the provisioning established under Article 31(5) of Regulation (EU) 2021/947 shall not be used for the coverage of the operations under the Ukraine Guarantee.
The Ukraine Guarantee may cover:
for debt instruments, the principal and all interests and amounts due to the selected eligible counterpart, but not received by it in accordance with the terms of the financing operations after an event of default has occurred;
for equity investments, the amounts invested and their associated funding costs;
for other financing and investment operations referred to in paragraph 2, the amounts used and their associated funding costs;
all relevant expenses and recovery costs related to an event of default, unless deducted from recovery proceeds.
For the purposes of the Commission’s accounting and its annual reporting of the risks covered by the Ukraine Guarantee to the European Parliament and the Council, and in accordance with Article 209(4) of Regulation (EU, Euratom) 2018/1046, eligible counterparts with which a Ukraine Guarantee agreement has been concluded shall provide the Commission and the European Court of Auditors annually with the financial statements, audited by an independent external auditor, containing, among others, information on:
the risk assessment of financing and investment operations of the eligible counterparts, including information on Union liabilities measured in compliance with the accounting rules referred to in Article 80 of Regulation (EU, Euratom) 2018/1046 and International Public Sector Accounting Standards;
the outstanding financial obligation for the Union arising from the Ukraine Guarantee provided to the eligible counterparts and their financing and investment operations, broken down by individual operation.
Article 32
Provisioning
By way of derogation from Article 211(2) of Regulation (EU, Euratom) 2018/1046 in relation to the period of time for which global provisioning shall be constituted, the provisioning shall be constituted until 31 December 2027 and be equal to the amount of provisioning corresponding to the Ukraine Guarantee granted and may be constituted gradually to reflect progress in the selection and implementation of the financing and investment operations supporting the objectives of the Facility.
Article 33
Grievance and redress mechanism
CHAPTER V
PILLAR III: UNION ACCESSION ASSISTANCE AND RELATED SUPPORT MEASURES
Article 34
Union accession assistance and related support measures
For the years 2024 to 2027, the support under this Chapter shall fund:
the provisioning of budgetary guarantees, which is not covered by the financial envelope referred to in Article 50 of Regulation (EU) 2021/947 in accordance with the rules set out in Article 31(8) of that Regulation, for the covered external lending mandate financial liabilities in Ukraine under Article 12(1) of Decision (EU) 2022/1628 of the European Parliament and of the Council ( 2 ) related to loan amounts disbursed after 15 July 2022 of up to EUR 1,586 billion;
the interest rate subsidy for macro-financial assistance loans under:
Decision (EU) 2022/1201 of the European Parliament and of the Council ( 3 ), by way of derogation from Article 1(3) thereof;
Decision (EU) 2022/1628, by way of derogation from Article 6(3) thereof;
by way of derogation from Article 31(1) of Regulation (EU) 2021/947, the paid-in provisioning of 9 % for financial assistance which has not yet been committed at the end of 2023, referred to in Article 11(1) of Decision (EU) 2022/1628.
CHAPTER VI
PROTECTION OF THE FINANCIAL INTERESTS OF THE UNION
Article 35
Protection of the financial interests of the Union
The agreements referred to in Articles 9, 10 and 22 shall provide for the obligations of Ukraine:
to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interest and irregularities or any other illegal activity affecting the financial interests of the Union;
to protect whistleblowers;
to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interest and irregularities, as well as to investigate and prosecute criminal offences affecting the financial interests of the Union, to detect and avoid double funding and to take legal actions to recover funds that have been misappropriated, including in relation to any measure for the implementation of reforms and investment projects under the Ukraine Plan and to take appropriate measures to treat mutual legal assistance requests by the EPPO and Member States’ competent authorities concerning criminal offences affecting the funds provided under the Facility, without delay;
to accompany a request for payment as set out in Chapter III by a declaration of assurance that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interest;
for the purpose of paragraph 1, in particular for checks on the use of funds in relation to the implementation of reforms and investments under the Ukraine Plan, to ensure the collection of, and access to, in compliance with Union data protection principles and with applicable data protection rules, adequate data on persons and entities receiving funding, including beneficial ownership information, for the implementation of measures of the Ukraine Plan;
to expressly authorise the Commission, OLAF and the European Court of Auditors to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2018/1046, in application of the principle of proportionality;
to ensure that the competent Ukrainian authorities report to the EPPO any criminal conduct affecting the funds provided under the Facility that might fall within its competence.
Article 36
Audit Board
In addition, the Audit Board shall adopt recommendations to Ukraine on all cases where in its views competent Ukrainian authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflicts of interest and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by Ukrainian authorities. Ukraine shall implement such recommendations without undue delay, or provide a justification for why it has not done so.
The reports of, and information from, the Audit Board shall also be sent to OLAF and may be shared with the relevant Ukrainian authorities, especially in cases where such authorities need to take steps to prevent, detect and correct fraud, corruption, conflicts of interest, irregularities or any other illegal activity affecting the financial interests of the Union, as well as to investigate and prosecute offences affecting the financial interests of the Union.
Article 37
Ukraine Facility Dialogue
The Commission shall hold, at least every four months, a dialogue with the competent committees of the European Parliament, as relevant, to discuss:
the state of progress in the implementation of the Facility, in particular the Ukraine Plan and related investments and reforms, including reforms supporting Ukraine’s progressive alignment to Union rules, values, standards, policies and practices (‘acquis’);
the assessment of the Ukraine Plan, including a possible negative assessment;
the main findings of the reports referred to in Article 36(7);
the main findings of the report referred to in Article 39(4);
payment, withholding and reduction procedures, where applicable, including any observation presented to ensure a satisfactory fulfilment of the conditions; and
any other relevant information provided by the Commission to the European Parliament in relation to the implementation of the Facility.
CHAPTER VII
WORK PROGRAMMES, MONITORING, REPORTING AND EVALUATION
Article 38
Work programmes
Article 39
Monitoring and reporting
Article 40
Evaluation of the Facility
The Commission shall communicate the findings and conclusions of the evaluations accompanied by its observations and follow-up, to the European Parliament, the Council and the Member States. Those evaluations may be discussed at the request of the European Parliament, the Council or the Member States. The results shall feed into the preparation of programmes and activities and resource allocation. Those evaluations and follow-up shall be made publicly available.
The Commission shall, to an appropriate extent, involve all relevant stakeholders, including beneficiaries, social partners, civil society organisations and local and regional authorities in the evaluation process of the Union’s funding provided under the Facility, and may, where appropriate, seek to undertake joint evaluations with Member States and other partners with close involvement of Ukraine.
CHAPTER VIII
FINAL PROVISIONS
Article 41
Exercise of the delegation
Article 42
Committee procedure
Article 43
Information, communication and publicity
Article 44
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Regulation (EU) 2026/467 of the European Parliament and of the Council of 24 February 2026 implementing enhanced cooperation on the establishment of the Ukraine Support Loan for 2026 and 2027 (OJ L, 2026/467, 26.2.2026, ELI: http://data.europa.eu/eli/reg/2026/467/oj).
( 2 ) Decision (EU) 2022/1628 of the European Parliament and of the Council of 20 September 2022 providing exceptional macro-financial assistance to Ukraine, reinforcing the common provisioning fund by guarantees by Member States and by specific provisioning for some financial liabilities related to Ukraine guaranteed under Decision No 466/2014/EU, and amending Decision (EU) 2022/1201 (OJ L 245, 22.9.2022, p. 1).
( 3 ) Decision (EU) 2022/1201 of the European Parliament and of the Council of 12 July 2022 providing exceptional macro-financial assistance to Ukraine (OJ L 186, 13.7.2022, p. 1).