Establishing the satisfactory fulfilment of the conditions for the payment of the first instalment of the non-repayable financial support and of the loan support under the Ukraine Plan of the Ukraine Facility

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1.

Current status

This implementing decision entered into force on August  6, 2024.

2.

Key information

official title

Council Implementing Decision (EU) 2024/2149 of 6 August 2024 on establishing the satisfactory fulfilment of the conditions for the payment of the first instalment of the non-repayable financial support and of the loan support under the Ukraine Plan of the Ukraine Facility
 
Legal instrument implementing decision
Regdoc number ST(2024)12430
Original proposal COM(2024)321 EN
CELEX number i 32024D2149

3.

Key dates

Document 06-08-2024; Date of adoption
Effect 06-08-2024; Application See Art 2
08-08-2024; Entry into force Date pub. See Art 2
End of validity 31-12-9999

4.

Legislative text

EN

L series

2024/2149

8.8.2024

COUNCIL IMPLEMENTING DECISION (EU) 2024/2149 of 6 August 2024

5.

on establishing the satisfactory fulfilment of the conditions for the payment of the first instalment of the non-repayable financial support and of the loan support under the Ukraine Plan of the Ukraine Facility

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2024/792 of the European Parliament and of the Council of 29 February 2024 establishing the Ukraine Facility (1), and in particular Article 26(4) thereof,

Having regard to the proposal from the European Commission,

Whereas:

  • (1) 
    Pillar I of the Ukraine Facility (‘the Facility') makes available to Ukraine financial support of up to EUR 38 270 000 000 for the period 2024-2027 in the form of non-repayable support and of loans. Financing under Pillar I is mainly allocated on the basis of the Ukraine Plan (‘the Plan’). The Plan sets out the reform and investment agenda for Ukraine, and the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility.
  • (2) 
    Pursuant to Article 19 of Regulation (EU) 2024/792, the Council adopted Implementing Decision (EU) 2024/1447 (2) concerning the approval of the assessment of the Plan. The timetable for monitoring and implementing the Plan, including the qualitative and quantitative steps that are linked to the funding under Pillar I of the Facility, are set out in the Annex to Implementing Decision (EU) 2024/1447.
  • (3) 
    The total sum of financial resources made available to the Plan by Implementing Decision (EU) 2024/1447 amounts to EUR 32 270 000 000, of which EUR 5 270 000 000 is in the form of non-repayable financial support and up to EUR 27 000 000 000 is in the form of a loan.
  • (4) 
    In accordance with Articles 24 and 25 of Regulation (EU) 2024/792, EUR 6 000 000 000 has been made available to Ukraine as exceptional bridge financing and EUR 1 890 000 000 in the form of pre-financing representing an advanced payment of 7 % of the loan support that Ukraine is eligible to receive under the Plan.
  • (5) 
    In accordance with Article 26(2) of Regulation (EU) 2024/792, on 9 July 2024, Ukraine submitted a duly justified request for the payment of the first instalment of the non-repayable financial support and of the loan support, amounting to EUR 4 365 691 244, as set out in the Annex to Implementing Decision (EU) 2024/1447. The request was accompanied by the documents required under Article 12 of the Framework Agreement, Article 5 of the Financing Agreement and Article 6 of the Loan Agreement concluded between the Union and Ukraine pursuant to Articles 9, 10 and 22 of Regulation (EU) 2024/792.
  • (6) 
    Ukraine has provided, along with its request for payment, due justification of the satisfactory fulfillment of the nine steps due by Q2-2024, in accordance with Implementing Decision (EU) 2024/1447. The nine satisfactorily fulfilled steps relate to various reforms set out in the Plan under the chapters on public financial management, the fight against corruption and money laundering, management of public assets, business environment, the energy sector, and the agri-food sector. The Budget Declaration for 2025-2027, the strategic plan for the digitalisation of the State Customs Service, the strategic document on Mine Action for the period up to 2033, the strategy and action plan for thermal modernisation of buildings until 2050, and the Integrated National Energy and Climate Plan have been adopted, a new head of the National Agency on Corruption Prevention has been appointed, and the laws on the corporate governance of state-owned enterprises and on the revised legal basis of the Economic Security Bureau of Ukraine have entered into force.

f1)    OJ L, 2024/792, 29.2.2024, ELI:...


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6.

Original proposal

 

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