Purpose
1. The assistance to support Ukraine’s defence industrial capacities shall aim to enable Ukraine to carry out urgent and major public investments in support of the Ukrainian defence industry and its integration into the European defence industry in response to and following the current crisis situation. That assistance shall contribute, in particular, to the reconstruction, recovery and modernisation of the Ukrainian Defence Technological and Industrial Base, with a view to increasing its defence industrial readiness, taking into account its gradual future integration into the European Defence Technological and Industrial Base and through support for the timely availability of defence products and other products for defence purposes, through cooperation between the Union and Ukraine.
2. The activities, expenditures and measures to support Ukraine’s defence industrial capacities shall be related to defence products or other products for defence purposes and shall aim to:
(a)
speed up the adjustment of the Ukrainian defence industry to structural changes, including through the creation and ramp-up of its manufacturing capacities as well as related supporting activities;
(b)
improve the timely availability of defence products or other products for defence purposes for Ukraine, including through the reduction of their delivery lead time, reservation of manufacturing slots or stockpiling of defence products or other products for defence purposes, intermediate products or raw materials; or
(c)
enhance cross-border cooperation between the European Defence Technological and Industrial Base and the Ukrainian Defence Technological and Industrial Base, taking into account the defence industrial reinforcement and defence procurement needs of Ukraine, allowing for interchangeability of defence products or other products for defence purposes manufactured by the Ukrainian defence industry and the European defence industry.
Eligibility
1. The activities, expenditures and measures to support Ukraine’s defence industrial capacities related to defence products and other products for defence purposes shall be eligible for assistance provided that they comply with the eligibility conditions set out in this Article.
2. Defence products shall belong to one of the following categories:
(a)
category one: ammunition and missiles; artillery systems, including deep precision strike capabilities; ground combat capabilities and their support systems, including soldier equipment and infantry weapons; small drones (NATO class 1) and related anti-drone systems; critical infrastructure protection; cyber; and military mobility including counter-mobility;
(b)
category two: air and missile defence systems; maritime surface and underwater capabilities; drones other than small drones (NATO classes 2 and 3) and related anti-drone systems; strategic enablers such as, but not limited to, strategic airlift, air-to-air refuelling, C4ISTAR systems as well as space assets and services; space assets protection; artificial intelligence and electronic warfare.
3. The activities, expenditures and measures to support Ukraine’s defence industrial capacities related to defence products or other products for defence purposes shall not contravene the security and defence interests of the Union and its Member States as established in the framework of the common foreign and security policy (CFSP) pursuant to Title V of the TEU, including respect for the principle of good neighbourly relations, or the objectives set out in Article 2 of this Regulation.
4. Defence products shall be produced in compliance with the following conditions:
(a)
manufacturers and subcontractors involved in the production of the defence products shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;
(b)
by way of derogation from point (a), in order to take into account industrial cooperation with non-EU partners, defence products that involve a subcontractor involved in the production which is allocated between 15 % and 35 % of the value of the contract, and that is not established or does not have its executive management structures in the Union, in an EEA EFTA State or in Ukraine, shall be eligible provided that at least one of the following conditions are met:
(i)
a direct contractual relationship related to the defence product has been established between the manufacturer and that subcontractor prior to 28 May 2025; or
(ii)
the manufacturer commits to studying, within two years, the feasibility of replacing the input provided by that subcontractor with an alternative, restriction-free input originating in the Union, in an EEA EFTA State or in Ukraine, and meeting technical and time requirements;
(c)
by way of derogation from point (a) of this paragraph, defence products involving manufacturers or subcontractors established in the Union and controlled by another third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine shall be eligible if that manufacturer or subcontractor has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council ( 25 ) and, where necessary, to appropriate mitigation measures, or if that manufacturer or subcontractor provides guarantees in accordance with point (d) of this paragraph, verified by the Member State in which it is established;
(d)
the guarantees referred to in point (c) of this paragraph shall provide assurances that the involvement of the manufacturer or subcontractor in the production of the defence product does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU. Those guarantees shall in particular substantiate that, for the purposes of activities, expenditures and measures, measures are in place to ensure that:
(i)
control over the manufacturer or subcontractor is not exercised in a manner that restrains or restricts its ability to carry out the activities, expenditures and measures supported; and
(ii)
access by a non-associated third country or by a non-associated third-country entity to classified or sensitive information relating to the defence product produced is prevented and the employees or other persons involved in the production of the defence product have national security clearance issued by a Member State, where appropriate, in accordance with national laws and regulations;
(e)
the infrastructure, facilities, assets and resources of the manufacturers and subcontractors involved in the production of the defence products shall be located in the territory of a Member State, an EEA EFTA State or Ukraine. Where manufacturers or subcontractors involved in the production of the defence products have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the territory of a Member State, an EEA EFTA State or Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;
(f)
manufacturers and subcontractors involved in the production of the defence products may be considered to fulfil the eligibility conditions referred to in this paragraph where they have fulfilled equivalent conditions under Regulations (EU) 2018/1092 ( 26 ) , (EU) 2021/697 ( 27 ) , (EU) 2023/1525 ( 28 ) , or (EU) 2023/2418 ( 29 ) of the European Parliament and of the Council or under Regulation (EU) 2025/1106 and provided that no subsequent changes call into question the fulfilment of those conditions;
(g)
the cost of components originating outside the Union, EEA EFTA States and Ukraine shall not be higher than 35 % of the estimated cost of the components of the defence product. No component shall be sourced from a third country that contravenes the security and defence interests of the Union and its Member States;
(h)
for defence products related to category two as referred to in paragraph 2, point (b), of this Article, manufacturers shall have the ability to decide, without restrictions imposed by third countries or by third-country entities, on the definition, adaptation and evolution of the design of the defence product procured, including the legal authority to substitute or remove components that are subject to restrictions imposed by third countries or by third-country entities.
For the purposes of the first subparagraph of this paragraph, ‘subcontractors involved in the production of the defence products’ means any legal entity which provides critical inputs that possess unique attributes essential for the functioning of the defence product, which is allocated at least 15 % of the value of the contract, and which needs access to classified information for the performance of the contract.
5. By way of derogation from paragraphs 2 and 4 and in full respect of paragraph 3, where there is an urgent need for the delivery of a given defence product stemming from Russia’s war of aggression against Ukraine, the procurement of a defence product which does not comply with one or more of the conditions set out in paragraphs 2 and 4 shall be eligible for financial assistance under this Chapter provided that:
(a)
there is no equivalent product that responds to that urgent need which complies with the conditions set out in paragraphs 2 and 4 or it is not available at the required scale and whose delivery lead time is commensurate with the urgency of the situation and Ukraine’s immediate operational needs; or
(b)
the delivery lead time for such defence product is significantly shorter than for a defence product which would comply with the conditions set out in paragraphs 2 and 4 of this Article, even if that defence product was subject to a priority-rated request as referred to in Article 19.
In such a case, Ukraine shall provide the information reasonably available to it demonstrating that the conditions for the application of this derogation are met. That information shall be checked by the Commission after consultation with the Expert Group referred to in Article 15 without undue delay.
The procurement of defence products from manufacturers established in third countries other than EEA EFTA States and Ukraine shall be made only where there are no other alternatives available in the Union, EEA EFTA States and Ukraine under the conditions set out in the first subparagraph, points (a) and (b). In the context of the first subparagraph, points (a) and (b), that information shall include a legal commitment on compliance with the delivery lead time.
The Commission shall approve the derogations referred to in this paragraph by means of implementing acts, acting in accordance with the examination procedure referred to in Article 27(3).
6. Where applicable, Participating Member States shall ensure that the procurement procedures and contracts for other products for defence purposes resulting from procurements receiving support under the Ukraine Support Loan contain appropriate eligibility conditions to protect the security and defence interests of the Union and its Member States.
7. By way of derogation from paragraph 4, contributions in accordance with paragraph 8, point (e), shall be utilised in line with the eligibility conditions of the Union programme concerned.
8. Activities, expenditures and measures related to defence products or other products for defence purposes shall be implemented in accordance with one of the following methods of implementation:
(a)
procurements by Ukraine, subject to the procurement and delivery being validated by the Commission or Participating Member States. Ukraine shall be responsible for such procurements in accordance with Ukrainian law, where validations by the Commission or Participating Member States shall include, on a sample basis, checks on contractual documentation, invoices and delivery certificates, physical inspections to suppliers and physical verification of deliveries;
(b)
procurements by Ukraine that are a common procurement in accordance with Regulation (EU) 2025/1106;
(c)
agreements between Ukraine and Member States or the European Defence Agency (EDA);
(d)
procurement agreements between Ukraine and international or intergovernmental organisations; or
(e)
contributions by Ukraine to the Ukraine Support Instrument established by Regulation (EU) 2025/2643, the Ukraine Investment Framework established by Regulation (EU) 2024/792 for dual-use goods or other Union programmes.
Activities, expenditures and measures related to other products for defence purposes may also be implemented by procurements by Ukraine for procurements below EUR 7 000 000, provided that sound financial management and the protection of the financial interest of the Union are ensured.
9. Contracts entered into by Ukraine relating to procurements, agreements or contributions referred to in paragraph 8 shall be eligible if signed after 14 January 2026 provided that they comply with this Article.
10. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation by extending eligibility to third countries other than EEA EFTA States and Ukraine that do not contravene the security and defence interests of the Union and its Member States, provided that those third countries have concluded an agreement with the Union in accordance with Article 17 of Regulation (EU) 2025/1106. Each delegated act shall specify, for each of the third countries concerned, to which of the defence products this provision shall apply. Upon entry into force of a delegated act, the third country shall be considered to be included among the EEA EFTA States and Ukraine for the purpose of Article 13(4) as regards those defence products.
11. Notwithstanding paragraph 10, the Council, acting on a proposal from the Commission, may adopt an implementing act to determine that a third country other than EEA EFTA States and Ukraine that does not contravene the security and defence interests of the Union and its Member States and that has not concluded an agreement with the Union in accordance with Article 17 of Regulation (EU) 2025/1106, fulfils the following cumulative conditions:
(a)
the third country has committed to provide a fair and proportionate financial contribution to the costs arising from borrowing, commensurate with the value of contracts awarded to entities established in that third country. Such contribution shall take the form of cash to the borrowing costs subsidy on the basis of a contribution agreement between the third country and the Union. It shall constitute external assigned revenue in accordance with Article 21(2), point (e), of Regulation (EU, Euratom) 2024/2509;
(b)
the third country has entered into a Security and Defence Partnership with the Union; and
(c)
the third country is providing financial and military support to Ukraine in a significant manner.
The Council implementing act shall specify, for each of the third countries concerned, to which defence products this provision is to apply, taking into account the conditions of this paragraph.
Upon entry into force of the Council implementing act, the third country shall be considered to be included among the EEA EFTA States and Ukraine for the purpose of Article 13(4) as regards those defence products.
The Council, acting by qualified majority, may amend the Commission’s proposal and adopt the amended text by means of an implementing decision.
Product schedules
1. In respect of the approved amounts of assistance to support Ukraine’s defence industrial capacities as referred to in Article 8(2), point (a)(iii), Ukraine shall draw up a schedule for each activity, expenditure or measure related to a defence product or other product for defence purposes for which it intends to request assistance. That schedule shall set out:
(a)
a description of the defence product or other product for defence purposes; and
(b)
information on compliance with Article 13.
2. Ukraine shall consult the schedule with the Commission with a view to ensuring compliance with Article 13. Should Ukraine not identify a method of implementation in accordance with Article 13(8) or should the Commission consider that an alternative method of implementation is more economical, efficient or effective, the Commission may propose a method of implementation to Ukraine. When proposing to Ukraine the most appropriate method of implementation, the Commission shall take into consideration the timeliness of delivery of the relevant defence product or other product for defence purposes, activity, expenditure or measure, the prices available, the past experience with that method of implementation and, where warranted, past experience with manufacturers under that method of implementation. In determining whether an alternative method of implementation is more economical or when considering the prices available, the Commission shall take into consideration any co-financing that is to be provided by Member States.
3. By derogation from paragraph 1 of this Article, Ukraine shall not be required to draw up a schedule for implementation in accordance with Article 13(8), first subparagraph, point (e).
Ukraine’s Defence Industrial Capacities Expert Group
1. To support the implementation of assistance to support Ukraine’s defence industrial capacities, the Commission shall establish Ukraine’s Defence Industrial Capacities Expert Group.
2. In addition to representatives of the Commission, the EEAS and the EDA, Ukraine’s Defence Industrial Capacities Expert Group shall include representatives of Participating Member States and the EEA EFTA States. Third countries referred to in Article 13(10) shall be permitted to nominate representatives. Ukraine shall be invited to the meetings of Ukraine’s Defence Industrial Capacities Expert Group as appropriate.
3. Ukraine’s Defence Industrial Capacities Expert Group shall provide advice, expertise and support on the defence products and other products for defence purposes, on the method of implementation, on the derogations under Article 13(5) and on the product schedules.
Administration of the assistance to support Ukraine’s defence industrial capacities
Ukraine shall open a special account for the sole purpose of the management of the financial and economic assistance received to support Ukraine’s defence industrial capacities. The following rules shall apply in relation to that account:
(a)
all payments of the contracts or agreements that are requested for assistance to support Ukraine’s defence industrial capacities shall be paid from that account;
(b)
the Commission shall be granted monitoring rights of that account;
(c)
Ukraine shall provide the Commission with a monthly report, to be submitted within 10 working days of the end of each month, containing the following information:
(i)
the date and amount of each payment made from the account during the preceding month;
(ii)
the name of the recipient of each payment;
(iii)
a description of the purpose of each payment and how it relates to the contracts or agreements submitted in requests for funds;
(iv)
any other information as may be reasonably requested by the Commission.
Monitoring of implementation
1. The Commission shall monitor the implementation of assistance to support Ukraine’s defence industrial capacities, including particularly the delivery of products, in accordance with this Article.
2. For procurements by Ukraine in accordance with Article 13(8), first subparagraph, point (a), that are validated by the Commission, the Commission shall utilise the validation process therein.
3. For procurements by Ukraine in accordance with Article 13(8), first subparagraph, point (a), that are validated by Participating Member States, the Participating Member State shall monitor the implementation of the procurement and the delivery in accordance with that provision and report to the Commission.
4. For procurements by Ukraine in accordance with Article 13(8), first subparagraph, point (b), the Participating Member States that are part of such a common procurement shall monitor the implementation of the procurement and the delivery and report to the Commission. Where in the context of a common procurement under Regulation (EU) 2025/1106 a Non-Participating Member State agrees to be bound by and to apply the eligibility rules set out in this Regulation, ensures the protection of the financial interests of the Union and is the contracting authority which acts on behalf of the other countries, Ukraine shall require as a condition of the participation of that Non-Participating Member State that it monitors the implementation of the procurement and the delivery and reports to the Commission.
5. For agreements between Ukraine and Participating Member States in accordance with Article 13(8), first subparagraph, point (c), the Participating Member State shall monitor the implementation of the agreement and the delivery and report to the Commission. For agreements between Ukraine and Non-Participating Member States in accordance with Article 13(8), first subparagraph, point (c), Ukraine shall include in such agreements obligations on the respective Non-Participating Member State to be bound by and to apply the eligibility rules set out in this Regulation, to ensure the protection of the financial interests of the Union and to monitor the implementation of the agreement and the delivery and to report to the Commission.
6. For agreements between Ukraine and the EDA in accordance with Article 13(8), first subparagraph, point (c), the EDA shall monitor the implementation of the agreement and the delivery and report to the Commission.
7. For procurement agreements between Ukraine and international or intergovernmental organisations in accordance with Article 13(8), first subparagraph, point (d), Ukraine shall include in such procurement agreements obligations on the respective international or intergovernmental organisations to monitor the implementation of the procurement and the delivery and to report to the Commission.
8. Paragraphs 1 to 7 of this Article shall not apply to procurements by Ukraine in accordance with Article 13(8) regarding activities, expenditures and measures related to other products for defence purposes below EUR 7 000 000. However, Ukraine shall regularly report to the Commission on how it monitors the implementation of these procurements and delivery. The Commission shall undertake risk-based controls.
9. Should the Commission be notified by Ukraine of the non-implementation of a contract or agreement in accordance with Article 20(2), point (g), or become aware of the non-delivery of products under this Article or the non-use of funds in the account referred to in Article 16, the Commission shall engage with Ukraine to repurpose those funds in accordance with this Regulation.
Modification of framework agreements or contracts
1. Where activities, expenditures and measures related to defence products are implemented through the methods referred to in Article 13(8), first subparagraph, point (b) or point (c), within the Union, the rules provided for in paragraphs 2 to 4 of this Article shall apply to an existing framework agreement or contract that has as its object the purchase of defence products, which is used in that implementation method, and which does not provide for the possibility to substantially amend it. When applying paragraphs 2 and 3 of this Article, the contracting authority that concluded the framework agreement or contract shall obtain the prior agreement of the undertaking with which it has concluded that framework agreement or contract.
2. A contracting authority of a Participating Member State may modify an existing framework agreement or contract for defence products, where that framework agreement or contract has been concluded with an undertaking complying with criteria equivalent to those laid down in Article 13(4) and (5) of this Regulation, in order to add Ukraine as a party to that framework agreement or contract.
3. By way of derogation from Article 29(2), third subparagraph, of Directive 2009/81/EC, a contracting authority of a Participating Member State may make substantial amendments to the quantities set out in a framework agreement or contract, with an estimated value above the thresholds laid down in Article 8 of Directive 2009/81/EC, where that framework agreement or contract has been concluded with an undertaking that complies with criteria equivalent to those laid down in Article 13(4) and (5) of this Regulation, and insofar as the modification is strictly necessary for the application of paragraph 2 of this Article.
4. For the purpose of calculating the value referred to in paragraph 3, the updated value shall be the reference point when the contract includes an indexation clause.
5. A contracting authority which has modified a framework agreement or contract in the cases referred to in paragraph 2 or paragraph 3 of this Article shall publish a notice to that effect in the Official Journal of the European Union in accordance with Article 32 of Directive 2009/81/EC.
6. In the cases referred to in paragraphs 2 and 3, the principle of equal rights and obligations shall apply between the contracting authorities which are party to the framework agreement or contract, in particular regarding the cost of additional quantities procured.
Voluntary prioritisation of defence products
1. For the sole purpose of this Regulation and where Ukraine is confronted with severe difficulties in the placing or in the execution of a contract for the supply of defence products that are urgently needed and meet the eligibility requirements set out in Article 13(4) or (5), an economic operator together with the Participating Member State on the territory of which its production site is located may jointly submit a request to the Commission to issue a prioritisation measure to prioritise a certain order of such products manufactured by that economic operator.
2. The joint request referred to in paragraph 1 shall include the following elements:
(a)
the initial request from Ukraine;
(b)
the list of products to be subject to the prioritisation measure, their specifications and the quantities in which they are to be supplied;
(c)
the time limits within which the delivery of the defence products is to be completed;
(d)
evidence that the economic operator cannot meet the request from Ukraine referred to in point (a) without a prioritisation measure; and
(e)
an indication of a fair and reasonable price at which the prioritisation measure could be placed as well as elements substantiating that price.
3. Upon receipt of a request as referred to in paragraph 1, the Commission shall assess that request without undue delay.
4. The Commission shall base the assessment referred to in paragraph 3 on objective, factual, measurable and substantiated data, with the aim of determining whether such prioritisation is indispensable in order to address the severe difficulties referred to in paragraph 1.
5. Where the assessment referred to in paragraph 3 concludes that the prioritisation is indispensable, the Commission shall, by means of an implementing act, adopt a prioritisation measure setting out:
(a)
the legal basis of the priority-rated request to be complied with by the economic operator;
(b)
the list of products subject to the priority-rated request, their specifications and the quantities in which they are to be supplied;
(c)
the time limits within which the priority-rated request is to be completed;
(d)
the beneficiaries of the priority-rated request;
(e)
the scope of contractual obligations over which the priority-rated request shall have precedence;
(f)
the waiver of contractual liability under the conditions laid down in paragraph 7; and
(g)
the penalties provided for in paragraphs 12 to 18 for non-compliance with the obligations stemming from that implementing act.
The implementing act referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 27(3).
6. The prioritisation measure referred to in paragraph 5 shall:
(a)
be placed at a fair and reasonable price, adequately taking into account the economic operator’s opportunity costs when fulfilling the prioritisation measure as compared to existing contractual obligations; and
(b)
take precedence over any contractual obligations under private or public law related to the defence products subject to the prioritisation measure, under the conditions laid down in the implementing act referred to in paragraph 5.
7. The economic operator subject to a prioritisation measure pursuant to paragraph 5 shall not be liable for any breach of contractual obligation that is governed by the law of a Participating Member State, provided that:
(a)
the breach of contractual obligation is strictly necessary for compliance with the required prioritisation;
(b)
the implementing act referred to in paragraph 5 has been complied with; and
(c)
the request referred to in paragraph 1 did not have the sole purpose of unduly avoiding a prior performance obligation under private or public law.
8. The economic operator subject to a prioritisation measure may request the Commission to amend the implementing act referred to in paragraph 5 where it considers it to be duly justified based on one of the following grounds:
(a)
the economic operator is unable to perform the prioritisation measure on account of insufficient production capability or production capacity, even under preferential treatment of the request;
(b)
completion of the prioritisation measure would place an unreasonable economic burden on, and entail particular hardship for, the economic operator.
9. The economic operator shall provide all relevant and substantiated information to allow the Commission to assess the merits of the request for amendment referred to in paragraph 8.
10. Based on the examination of the reasons and evidence provided by the economic operator, the Commission may, after consultation and prior agreement of the Participating Member State on the territory of which the relevant production site of the economic operator concerned is located, amend its implementing act to release, partially or in totality, the economic operator concerned from its obligations under this Article.
11. Where an economic operator, after having expressly accepted to prioritise the orders requested by the Commission, intentionally or through gross negligence does not comply with the obligation to prioritise those orders, it shall be subject to fines set out in paragraphs 12 to 18, except where:
(a)
the economic operator is unable to perform the priority-rated request on account of insufficient production capability or production capacity, or on technical grounds; or
(b)
performance or completion of the request would place an unreasonable economic burden on, and entail particular hardship for, the economic operator, including substantial risks relating to business continuity.
The revenue from the fines shall constitute external assigned revenue within the meaning of Article 21(5) of Regulation (EU, Euratom) 2024/2509 to an external assistance programme under which Ukraine is eligible.
12. Where it deems it to be necessary and proportionate, the Commission may, by means of implementing acts, impose on the economic operators fines not exceeding EUR 300 000 where the economic operator, intentionally or through gross negligence, does not comply with the obligation to perform the priority-rated request pursuant to this Article.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 27(3).
13. Before taking a decision pursuant to paragraph 12, the Commission shall provide an opportunity for the economic operator concerned to be heard in accordance with paragraph 15. The Commission shall take into account any duly reasoned justification presented by the economic operator for the purpose of determining whether fines are deemed necessary and proportionate.
14. In fixing the amount of the fine, the Commission shall take into consideration the nature, gravity and duration of the infringement, including whether the economic operator has partially complied with the priority-rated order or the priority-rated request.
15. Before taking a decision pursuant to paragraph 12, the Commission shall ensure that the economic operators concerned have been given the opportunity to submit observations on:
(a)
the preliminary findings of the Commission, including any matter in relation to which the Commission has raised objections;
(b)
the measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.
16. The economic operators concerned may submit to the Commission their observations on the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings, and which may not be less than 14 working days.
17. The Commission shall base its imposition of fines only on objections on which the economic operators concerned have been able to comment.
18. Where the Commission has informed the economic operators concerned of its preliminary findings as referred to in paragraph 15, it shall give access, if so requested, to the Commission’s file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets, or in order to preserve business secrets or other confidential information of any person. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Participating Member States, in particular to correspondence between the Commission and the authorities of the Participating Member States. This paragraph shall not prevent the Commission from disclosing and using information necessary to prove an infringement.
19. This Article is without prejudice to the rights of the Participating Member States to protect their essential security interests in accordance with Article 346(1), point (b), TFEU.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
