Award criteria
1. Proposals for actions shall be evaluated in the light of the objectives set for the relevant action, as referred to in Article 22, the expected results of the relevant action, and the quality and efficiency of its implementation.
2. In addition to the criteria set out in paragraph 1 of this Article, proposals for common procurement actions as referred to in Article 11 may be evaluated based on one or more of the following criteria:
(a)
the estimated value of the common procurement;
(b)
the action’s contribution to the recovery, reconstruction and modernisation of the Ukrainian DTIB;
(c)
the action’s contribution to the acceleration of the procurement of, and the reduction of the production and delivery lead times for, defence products.
3. In addition to the criteria set out in paragraph 1 of this Article, proposals for industrial reinforcement actions as referred to in Article 12 may be evaluated based on one or more of the following criteria:
(a)
the reduction of production lead time and the increase in production capacity in Ukraine;
(b)
the contribution to ensuring timely availability and supply of defence products throughout Ukraine;
(c)
the contribution to cross-border defence industrial cooperation between Ukraine and the Union.
4. The work programmes referred to in Article 34 shall lay down further details concerning the application of the award criteria, including any weighting to be applied. The work programmes shall not set individual thresholds.
5. The evaluation committee may be assisted by independent external experts in accordance with Article 153(3) of the Financial Regulation. The work programmes may specify that those experts are required to hold a valid personal security clearance.
Selection and award procedure
Except for actions referred to in Article 11 and Article 13(1), point (g), the Commission shall award the funding under this Chapter by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(4).
Union financial contribution
1. Where the Union contribution takes the form of grants pursuant to Article 193(3) of the Financial Regulation, the Ukraine Support Instrument may finance up to 100 % of the eligible costs for actions referred to in Article 27(1), points (b) and (c), of this Regulation.
2. Where the Union grant takes the form of financing not linked to costs, the level of the Union contribution to each action may be based on factors such as:
(a)
the degree of complexity of the common procurement, for which a proportion of the estimated value of the action and the experience gained in similar actions may serve as an initial proxy;
(b)
the contribution of the action to improving interoperability outcomes;
(c)
the characteristics of the action which are likely to give rise to greater long-term investment signals to industry;
(d)
the contribution of the action to the ramp-up of necessary manufacturing capacities in Ukraine;
(e)
the degree of complexity for Ukraine to progress with the process towards accession to the Union, including structural reforms and measures to promote convergence with Union rules, standards, policies and practices;
(f)
the degree of complexity for Ukraine to adapt its defence procurement processes and the environment of the Ukrainian defence industry, including to meet NATO standards and other relevant standards;
(g)
the hardship and risks associated with Russia’s war of aggression against Ukraine, taking into account the need to rebuild and modernise infrastructure damaged by that war in a resilient way and the need to avoid, prevent, reduce and, if possible, offset such damages.
3. Actions referred to in Article 27(1), point (a), of this Regulation shall be funded by way of grants in the form of financing not linked to costs, pursuant to Article 183(3) of the Financial Regulation.
4. For actions referred to in Article 27(1), point (a), the support from the Ukraine Support Instrument shall not exceed 25 % of the estimated value of the common procurement contract concerned.
5. The work programmes referred to in Article 34 shall lay down further details.
Work programmes
1. The Ukraine Support Instrument shall be implemented by work programmes as referred to in Article 110 of the Financial Regulation. Work programmes may be multiannual, when appropriate. Work programmes shall set out the actions and associated budget required to meet the objectives of the Ukraine Support Instrument.
2. The Commission shall adopt work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(4).
3. The work programmes shall include in particular:
(a)
the overall amount of the Union contribution to each type of action referred to in Article 27(1) and a detailed description of each type of action;
(b)
with respect to actions referred to in Article 27(1), points (a) and (b), the minimum financial size of the actions;
(c)
with respect to actions referred to in Article 27(1), point (b), the maximum number of legal entities forming part of the consortium, which shall not exceed 15 legal entities;
(d)
the procedure for the evaluation and selection of proposals, including, where relevant, a description of the milestones, designed in such a way as to mark substantial progress in the implementation of actions, the results to be achieved and the associated amounts to be disbursed, as well as the arrangements for the verification of the milestones, the fulfilment of conditions and the achievement of results;
(e)
the overall amount of the Union contribution to joint procurement with the support of the Commission as referred to in Article 28(1), Article 29 and Article 30; and
(f)
the methods for determining and, where applicable, adjusting the funding.
4. When adopting work programmes, the Commission shall take into account the need for coherence with other relevant Union programmes and instruments.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
