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Regulation (EU) 2024/792 CHAPTER III — PILLAR I: UKRAINE PLAN

Article 14–Article 27 · 14 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Preparation and submission of the Ukraine Plan

Article 14

1.   In order to receive support under the Facility, Ukraine shall prepare and submit to the Commission a Ukraine Plan (the ‘Ukraine Plan’). 2.   The Ukraine Plan shall be prepared by the Government of Ukraine with due involvement of the Verkhovna Rada in accordance with the constitutional order of Ukraine. Ukraine shall strive to submit the Ukraine Plan to the Commission by 2 May 2024. Ukraine may submit a draft of the Ukraine Plan to the Commission. The Commission shall share that draft simultaneously with the European Parliament and the Council. 3.   When preparing the Ukraine Plan in accordance with Article 17, Ukraine shall take particular account of the situation in its regional, local and urban areas, having regard to their specific needs for recovery and reconstruction, reform, modernisation and decentralisation. 4.   The preparation and implementation of the Ukraine Plan shall be done in consultation with regional, local, urban and other public authorities, as well as with social partners and civil society organisations, in accordance with the multi-level governance principle, and taking into account a bottom-up approach. In addition, in accordance with its national legal framework, Ukraine shall ensure that the Verkhovna Rada plays its role in the implementation of the Ukraine Plan in a duly informed way, in line with its prerogatives, including its authority to legislate, approve the state budget and oversee its execution, and oversee the executive branch.

Relation of the Ukraine Plan to the Pillars of the Facility

Article 15

1.   The Ukraine Plan shall provide for an overarching framework to achieve the objectives set out in Article 3. 2.   The Ukraine Plan shall constitute the basis for the support provided under Pillar I of the Facility as set out in Article 1(2), point (a), and as referred to in this Chapter. The support provided under Pillars II and III of the Facility shall be coherent and avoid overlaps with the support provided under Pillar I covered by the Ukraine Plan, and in particular shall be guided by the principles set out in Article 16.

Principles for financing under the Ukraine Plan

Article 16

1.   The Ukraine Plan shall set out the reform and investment agenda of Ukraine, integrated in an economic and fiscal policy framework, towards the achievement of the general and specific objectives set out in Article 3. The Ukraine Plan shall comprise measures for the implementation of reforms and public investment through a comprehensive and coherent package, which may also include public schemes that aim to incentivise private investments. The Ukraine Plan shall identify the qualitative and quantitative steps as referred to in paragraph 2 of this Article, which in the case of reforms and investments shall be measurable. 2.   The Facility shall provide financing under this Chapter upon satisfactory fulfilment of the precondition set out in Article 5(1), as well as conditions laid down in the Ukraine Plan, taking the form of qualitative or quantitative steps. Such conditions shall reflect the different objectives of the Facility, as set out in Article 3, and shall include conditions related to essential requirements, such as the maintenance of economic and financial stability, budget oversight and public financial management, and conditions related to the implementation of the reforms and investments set out in the Ukraine Plan. 3.   The conditions referred to in paragraph 2 of this Article shall reflect the amounts referred to in Article 6(1), first subparagraph, point (a), and (2) and relevant contributions under paragraph 4 of that Article. 4.   An amount equivalent to at least 20 % of the non-repayable financial support referred to in Article 6(1), first subparagraph, point (a), shall be allocated to the recovery, reconstruction and modernisation needs of Ukraine’s sub-national authorities, in particular local self-government, in line with Article 17. 5.   Exceptionally, measures started from 1 January 2023 onwards shall be eligible provided that they comply with the requirements set out in this Regulation. Those measures shall be duly justified and properly documented. 6.   The Ukraine Plan shall contribute to and be consistent with the relevant reform priorities identified in the context of Ukraine’s accession path, as outlined in the Commission’s Opinion on Ukraine's application for membership of the Union (the ‘Commission Opinion’) and the Analytical Report following that opinion (the ‘Analytical Report’), the Commission’s regular enlargement report and subsequent Council conclusions, and the Association Agreement including a Deep and Comprehensive Free Trade Area. It shall also contribute to and be consistent with Ukraine’s nationally determined contribution under the Paris Agreement, Ukraine’s commitments under the United Nations Convention on Biological Diversity and, if available, Ukraine’s National Energy and Climate Plan. 7.   The Ukraine Plan shall respect the general principles set out in Article 4.

Content of the Ukraine Plan

Article 17

1.   The Ukraine Plan shall in particular set out the following elements, which shall be duly reasoned and substantiated: (a) 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; (b) 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; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; (h) 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; (i) 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; (j) an explanation of the extent to which the measures under the Ukraine Plan are expected to contribute to: (i) 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; (ii) the promotion of the rule of law; (iii) social objectives, including the inclusion of groups in vulnerable situations, and ensuring the best interests of children; and (iv) gender equality and the empowerment of women and girls, and promotion of women and girls’ rights; (k) 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; (l) an explanation of how the Ukraine Plan ensures that other donors are able to contribute to supporting its measures; (m) any other relevant information. 2.   The Ukraine Plan shall be results and impact based and shall include measurable indicators such as key performance indicators, where applicable, for assessing progress towards the achievement of the general and specific objectives referred to in Article 3.

Commission assessment of the Ukraine Plan

Article 18

1.   The Commission shall assess the relevance, comprehensiveness and appropriateness of the Ukraine Plan or, where applicable, the amendment to Ukraine Plan referred to in Article 20, without undue delay, and shall submit a proposal for a Council implementing decision in accordance with Article 19(1). When carrying out that assessment, the Commission shall act in close cooperation with Ukraine and the international partners contributing to its implementation. The Commission may make observations, seek additional information or request that Ukraine modifies the draft Ukraine Plan referred to in Article 14(2). 2.   When assessing the Ukraine Plan, and in the determination of the amount to be allocated to Ukraine, the Commission shall take into account relevant available analytical information on Ukraine including its macroeconomic situation and debt sustainability, the justification and the elements provided by Ukraine pursuant to Article 17(1), as well as any other relevant information such as, in particular, the information listed in Article 16(6). 3.   In its assessment, the Commission shall take into account the following criteria: (a) 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; (b) 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; (c) 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; (d) 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; (e) 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; (f) whether the measures in the Ukraine Plan are expected to contribute to the promotion of the rule of law; (g) 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; (h) whether the measures in the Ukraine Plan are expected to promote gender equality and the empowerment of women and girls; (i) 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; (j) 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; (k) 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; (l) whether the Ukraine Plan ensures that other donors are able to support its objectives. 4.   For the purpose of the assessment of the Ukraine Plan submitted by Ukraine, the Commission may be assisted by experts.

Council implementing decision

Article 19

1.   In the case of a positive assessment, the Council shall, on a proposal from the Commission, approve by means of an implementing decision the assessment of the Ukraine Plan submitted by Ukraine in accordance with Article 14(2) or, where applicable, of its amendment submitted in accordance with Article 20(1) or (2). The Council shall act, as a rule, within one month of receiving the Commission’s proposal. The Council, acting by qualified majority, may amend the Commission’s proposal and adopt the amended proposal by means of an implementing decision. 2.   The Commission proposal for a Council implementing decision shall set out, for the part to be funded by the Facility: (a) 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; (b) 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; (c) 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; (d) the envisaged timetable for disbursement of the support and its payment schedule; (e) the amount of the loan support to be paid in the form of a pre-financing in accordance with Article 24; (f) 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; (g) 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; (h) the indicators for assessing progress towards the achievement of the general and specific objectives mentioned in Article 3; (i) the arrangements for providing full access by the Commission to the underlying relevant data; (j) 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; (k) an analysis of the impact of the Ukraine Plan on the macroeconomic situation, taking into account the debt sustainability of Ukraine.

Amendments to the Ukraine Plan

Article 20

1.   Where the Ukraine Plan, including relevant qualitative and quantitative steps, is no longer achievable by Ukraine, either partially or totally, because of objective circumstances, the Ukrainian authorities, after consulting the Verkhovna Rada, whenever relevant, may propose amendments to the Ukraine Plan. 2.   The Commission may, in agreement with Ukraine, submit a proposal to amend the Council implementing decision referred to in Article 19(1), in particular to take into account changes in the circumstances allowing for an increase in ambition or a change of the amounts available, notably due to additional contributions by the Member States or from other sources as referred to in Article 6(4). The Council may request the Commission to assess whether the conditions set out in this paragraph are met and to submit, where appropriate, the relevant proposal. 3.   Where the Commission considers that the reasons put forward by Ukraine justify an amendment to the Ukraine Plan, the Commission shall assess the amended Ukraine Plan in accordance with Article 18 and shall submit a proposal for an amendment of the Council implementing decision referred to in Article 19(1) without undue delay. The Council shall act, as a rule, within one month of receiving the Commission’s proposal. The Council, acting by qualified majority, may amend the Commission’s proposal and adopt the amended proposal by means of an implementing decision.

Scoreboard for the Ukraine Plan

Article 21

1.   The Commission shall establish a scoreboard for the Ukraine Plan (the ‘Scoreboard’) which shall display the progress made in the implementation of the Ukraine Plan. 2.   The Commission shall be empowered to adopt a delegated act in accordance with Article 41 to supplement this Regulation by establishing the detailed elements of the Scoreboard with a view to displaying the progress in the implementation of the Ukraine Plan as referred to in paragraph 1 of this Article. 3.   The Scoreboard shall be operational by 1 January 2025 and shall be updated by the Commission twice a year. The Scoreboard shall be made publicly available online.

Loan agreement and borrowing and lending operations

Article 22

1.   In order to finance support under the Facility in the form of loans, the Commission shall be empowered, on behalf of the Union, to borrow the necessary funds on the capital markets or from financial institutions in accordance with Article 220a of Regulation (EU, Euratom) 2018/1046. 2.   Upon adoption of the Council implementing decision referred to in Article 19(1), the Commission shall enter into a loan agreement with Ukraine in respect of the amount referred to in Article 6(2). The loan agreement shall lay down the availability period and the detailed terms of the support under the Facility in the form of loans, including in relation to the internal control systems as referred to in Article 9(4), points (a) and (c). The loans shall have maximum duration of 35 years. In addition to the elements laid down in Article 220(5) of Regulation (EU, Euratom) 2018/1046, the loan agreement shall contain the amount of pre-financing and rules on clearing of pre-financing. 3.   By way of derogation from Article 31(3) of Regulation (EU) 2021/947, the financial assistance provided to Ukraine in the form of loans under the Facility shall not be supported by the External Action Guarantee. 4.   No provisioning for the loans under this Regulation shall be constituted and, by way of derogation from Article 211(1) of Regulation (EU, Euratom) 2018/1046, no provisioning rate as a percentage of the amount referred to in Article 6(2) of this Regulation shall be set. 5.   The loan agreement shall be made available, upon request, simultaneously to the European Parliament and the Council.

Borrowing costs subsidy

Article 23

1.   By way of derogation from Article 220(5) of Regulation (EU, Euratom) 2018/1046 and subject to available resources, the Facility may bear the cost of funding, cost of liquidity management, and cost of service for administrative overheads related to the borrowing and lending (‘borrowing costs subsidy’), except for costs related to early repayment of the loan. For the period from 1 January 2024 to 31 December 2027, the borrowing costs subsidy shall be covered under Chapter V. 2.   Ukraine may request the borrowing costs subsidy referred to in paragraph 1 each year. The Commission may award the borrowing costs subsidy for an amount not exceeding the limits of the appropriations made available in the annual budget.

Pre-financing

Article 24

1.   Subject to the adoption by the Council of the implementing decision referred to in Article 19(1), Ukraine may request, as part of the Ukraine Plan, a pre-financing payment of an amount of up to 7 % of the loan support provided under Chapter III. 2.   The Commission may make the payment of pre-financing after the approval of the Ukraine Plan referred to in Article 19 and the entry into force of the loan agreement referred to in Article 22. The payments shall be made subject to the available funding on capital markets referred to in Article 22(1) and to the respect of the precondition set out in Article 5(1). 3.   The Commission shall decide on the timeframe for the disbursement of the pre-financing, which may be disbursed in one or more tranches.

Exceptional bridge financing

Article 25

1.   Without prejudice to Article 24, if the Framework Agreement is not signed or the Ukraine Plan is not adopted by 2 March 2024, the Commission may decide to provide limited, exceptional support to Ukraine in the form of loans for a period of up to six months starting from 1 January 2024, subject to satisfactory progress on the preparation of the Ukraine Plan, in order to support the macro-financial stability of the country, subject to conditions to be agreed in a Memorandum of Understanding (MoU) between the Commission and Ukraine, to the respect of the precondition set out in Article 5(1), to compliance with Article 6 and to available funding. 2.   The MoU shall in particular establish policy conditions, indicative financial planning and the reporting requirements, proportionate to the duration of the financing. The policy conditions shall include a commitment to the principles of sound financial management with a focus on anti-corruption and anti-money laundering, as well as measures to improve revenue management. 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. 3.   The amount of support referred to in paragraph 1 shall not exceed EUR 1 500 000 000 on a monthly basis. The Commission shall enter into a loan agreement with Ukraine, which shall comply as appropriate with Articles 22 and 23.

Rules on payments, withholding and reduction of non-repayable financial support and loans

Article 26

1.   Payments of the non-repayable financial support and of the loans to Ukraine under this Article shall be made in accordance with the budget appropriations and subject to the available funding. Payments shall be made in instalments. An instalment may be disbursed in one or more tranches. 2.   Every quarter, Ukraine shall submit a duly justified request for payment of the non-repayable financial support and of the loan support with a view to the Commission paying that non-repayable financial support and loan support on the basis of the assessment described in paragraph 3. 3.   The Commission shall assess without undue delay whether Ukraine has met the precondition set out in Article 5(1) and has achieved satisfactory fulfilment of the qualitative and quantitative steps set out in the Council implementing decision referred to in Article 19(1). The satisfactory fulfilment of qualitative and quantitative steps shall presuppose that measures related to the steps for which Ukraine had achieved satisfactory fulfilment have not been reversed by Ukraine. The Commission may be assisted by experts in carrying out its assessment. 4.   Where the Commission makes a positive assessment of the satisfactory fulfilment of qualitative and quantitative steps, it shall submit to the Council without undue delay a proposal for a Council implementing decision establishing the satisfactory fulfilment of the conditions for payments referred to in paragraph 3. The Council shall act, as a rule, within three weeks of receiving that proposal. The Council, acting by qualified majority, may amend the Commission’s proposal and adopt the amended proposal by means of an implementing decision. On the basis of the Council implementing decision, the Commission shall adopt a decision authorising the disbursement of the part of the non-repayable financial support and of the loan corresponding to such steps. 5.   Where the Commission makes a negative assessment of the fulfilment of qualitative and quantitative steps as per the indicative timetable, it shall inform the Council and the Parliament without undue delay and the payment of the non-repayable financial support and of the loan corresponding to such steps shall be withheld. The payment withheld shall be disbursed, in accordance with paragraph 4, only when Ukraine has duly justified, as part of a subsequent payment request, that it has taken the necessary measures to ensure satisfactory fulfilment of the qualitative and quantitative steps. The Commission shall develop a methodology for handling the partial fulfilment of steps as guidance. 6.   Where the Commission considers that Ukraine has not taken the necessary measures within a period of 12 months from the initial negative assessment referred to in paragraph 5, the Commission shall notify Ukraine thereof. Ukraine may present its observations within two months from the communication of the Commission’s notification. Where the Commission concludes that Ukraine has not taken the necessary measures, it shall submit a proposal for a Council implementing decision reducing the amount of the non-repayable financial support and of the loan proportionately to the part corresponding to the relevant qualitative and quantitative steps. The Council shall act, as a rule, within one month of receiving the Commission’s proposal. The Council, acting by qualified majority, may amend the Commission’s proposal and adopt the amended proposal by means of an implementing decision. 7.   In the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interest affecting the financial interests of the Union that have not been corrected by Ukraine, or a serious breach of an obligation resulting from agreements referred to in Articles 9, 10 and 22 of this Regulation, including on the basis of the reports of the Audit Board referred to in Article 36 of this Regulation or information provided by OLAF, the Commission may reduce the amount of the non-repayable financial support and recover any amount due to the Union budget, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or reduce the amount of the loan to be disbursed to Ukraine as referred to in paragraph 4 of this Article, or ask for early repayment of the loan. 8.   By way of derogation from Article 116(2) of Regulation (EU, Euratom) 2018/1046, the payment deadline as referred to in Article 116(1), point (a), of that Regulation shall start running from the date of the communication of the decision authorising the disbursement to Ukraine pursuant to paragraph 4 of this Article. 9.   Article 116(5) of Regulation (EU, Euratom) 2018/1046 shall not apply to payments made pursuant to this Article and to Article 24 of this Regulation.

Transparency with regard to persons and entities receiving funding for the implementation of the Ukraine Plan

Article 27

1.   Ukraine shall publish up-to-date data on persons and entities, including contractors, receiving amounts of funding exceeding the equivalent of EUR 100 000 cumulatively over the period of four years for the implementation of reforms and investments specified in the Ukraine Plan. 2.   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: (a) 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; (b) in the case of a natural person, the first and last name or names of the recipient; (c) the amount received by the recipient and the reforms and investments under the Ukraine Plan that this amount contributes to implementing. 3.   The information referred to in paragraph 2 shall not be published where disclosure risks threatening the rights and freedoms of the persons or entities concerned or seriously harming the commercial interests of the recipients. Such information shall be made available to the Commission and to the Audit Board. 4.   Ukraine shall transmit electronically to the Commission at least once a year the data on the persons and entities referred to in paragraph 1 of this Article, in a machine-readable format to be defined in the Framework Agreement, as referred to in Article 9(4), point (i).

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