Regulation (EU) 2026/2387 of the European Parliament and of the Council of 21 October 2026 on establishing the Programme for agile and rapid defence innovation (AGILE) and amending Regulations (EU) 2024/795 and (EU) 2026/467 (Text with EEA relevance)
In force
Version historyWe hold this version only; in force from 2026-10-21.
Data as of 2026-11-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Subject matter
This Regulation establishes the Programme for agile and rapid defence innovation (the ‘Programme’) for the period from 1 January 2027 to 31 December 2027, and lays down its objectives and budget, forms of funding under the Programme and rules for the provision of that funding.
Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘legal entity’ means: (a) a legal person created and recognised as such under Union, national or international law, including Structures for European Armament Programmes (SEAPs) established in accordance with Regulation (EU) 2025/2643 of the European Parliament and of the Council ( 20 ) , which has legal personality and the capacity to act in its own name, exercise rights and be subject to obligations; or (b) an entity which does not have legal personality as referred to in Article 200(2), point (c), of Regulation (EU, Euratom) 2024/2509; (2) ‘control’ means the ability to exercise decisive influence over a legal entity directly, or indirectly through one or more intermediate legal entities; (3) ‘defence product’ means any defence-related product as referred to in the Annex to Directive 2009/43/EC of the European Parliament and of the Council ( 21 ) , as well as works, supplies and services directly related to those products for any and all elements of their life cycle within the meaning of Article 2, point (c), of Directive 2009/81/EC; (4) ‘emerging and disruptive defence product’ means an enhanced or completely new defence product that: (a) brings about a radical transformation, including a paradigm shift in the concept and conduct of defence affairs, including by replacing existing defence technologies or rendering them less effective or obsolete; and (b) is expected to be fully exploitable by the end of an action supported by the Programme; (5) ‘executive management structure’ means a body of a legal entity, appointed in accordance with national law and, where applicable, reporting to the chief executive officer of that entity, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors the legal entity’s management decision-making; (6) ‘results’ means any tangible or intangible effect of an action supported by the Programme, such as data, know-how or information, whatever its form or nature and whether or not it can be protected, as well as any rights attached to that effect, including intellectual property rights; (7) ‘small and medium-sized enterprises’ (‘SMEs’) means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC ( 22 ) ; (8) ‘background information’ means any information necessary for, or useful to, the implementation of the Programme, generated before or outside the framework of an action supported by the Programme and provided to and used for the purposes of that action; (9) ‘foreground information’ means data, know-how or information generated in the implementation of the Programme, whatever its form or nature; (10) ‘non-associated third-country entity’ means: (a) a legal entity established in a non-associated third country; or (b) a legal entity established in the Union or in an associated third country, which has its executive management structures located in a non-associated third country.
Objectives
1. The general objective of the Programme is to support the capacity of SMEs, including innovative start-ups and scale-ups, to innovate rapidly to ensure the rapid delivery of emerging and disruptive defence products, with a focus on cost-efficiency, in order to address the most recent and fast evolving challenges faced by Member States’ and associated third countries’ armed forces, in particular those stemming from Russia’s war of aggression against Ukraine. The Programme shall thereby foster the competitiveness of the European Defence Technological and Industrial Base (EDTIB) and contribute to strengthening the Union’s defence industrial readiness, while reducing strategic dependencies on non-associated third countries across the full spectrum of defence technologies. 2. The Programme has the following specific objectives: (a) to significantly accelerate innovation cycles of emerging and disruptive defence products developed across the Union by SMEs, taking into account the urgent needs of Member States and associated third countries and tapping into the innovation potential of the Union’s industry as a whole; and (b) to increase the uptake by Member States and associated third countries, as well as by defence industrial prime contractors, system integrators and first-tier subcontractors, of emerging and disruptive defence products developed by SMEs, including through dedicated matchmaking, thereby supporting the scaling-up of such SMEs across Europe, promoting their integration into cross-border defence supply chains, enhancing the resilience and security of supply for such products, contributing to the development of defence innovation capacity across the Union and ultimately reinforcing the technological edge of Member States.
Budget
1. The indicative financial envelope for the implementation of the Programme, between 1 January 2027 and 31 December 2027, shall be EUR 115 000 000 in current prices. 2. Budget commitments for activities extending over more than one financial year may be broken down over several years into annual instalments. 3. Appropriations may be entered in the Union budget beyond 2027 to cover the expenses necessary and to enable the management of actions supported by the Programme not completed by the end of the Programme, as well as expenses covering critical operational activities and services. 4. The financial envelope referred to in paragraph 1 and the amounts of additional resources referred to in Article 5 may also be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including the design, set-up, testing, certification, operation and maintenance of corporate information technology systems and platforms, and information and communication activities, including corporate communication on the political priorities of the Union, and for all other technical and administrative assistance or staff-related expenses incurred by the Commission in managing the Programme.
Additional resources
1. Member States, Union institutions, bodies and agencies, third countries, international organisations, international financial institutions or other third parties may make additional financial or non-financial contributions available to the Programme or to any of its specific activities or objectives referred to in Article 3 of this Regulation. Additional financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), point (a), (d) or (e), or Article 21(5) of Regulation (EU, Euratom) 2024/2509. 2. Resources allocated to Member States under shared management may, at the request of the Member State concerned, be transferred to the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and of the Council ( 23 ) . The Commission shall implement those resources directly in accordance with Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509 or indirectly in accordance with Article 62(1), first subparagraph, point (c), of that Regulation. Those resources shall be used for the benefit of the Member State concerned. Where the Commission has not entered into a legal commitment under direct or indirect management for additional amounts made available to the Programme, the corresponding uncommitted amounts may, at the request of the Member State concerned, be transferred back to the source programmes in accordance with the conditions set out in Regulation (EU) 2021/1060.
Alternative, combined and cumulative funding
1. The Programme shall be implemented in synergy with other Union programmes. An action that has received a contribution from another Union programme may also receive a contribution under the Programme, provided that those contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution, or a single set of rules of any of the contributing Union programmes may be applied to all contributions and a single legal commitment may be concluded. If the Union contribution is based on eligible costs, the cumulative support from the Union budget shall not exceed the total eligible costs of the action and may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support. 2. Award procedures under the Programme may be jointly conducted under direct or indirect management with Member States, Union institutions, bodies and agencies, third countries, international organisations, international financial institutions or other third parties, provided that the financial interests of the Union are protected. Those procedures shall be subject to a single set of rules and lead to the conclusion of a single legal commitment. For that purpose, the partners in the joint award procedure may make resources available to the Programme in accordance with Article 5 of this Regulation. The partners may also be entrusted with the implementation of the award procedure, where applicable, in accordance with Article 62(1), point (c), of Regulation (EU, Euratom) 2024/2509. For the purposes of Article 153(3) of that Regulation, for joint award procedures the evaluation committee may be partially composed of members that are representatives of the partners in those procedures.
Third countries associated with the Programme
1. The Programme or specific actions referred to in Article 10 may be opened to the participation of the following third countries through full or partial association with the Programme, in accordance with the objectives laid down in Article 3 and the applicable international agreements or any decisions adopted under those agreements: (a) members of the European Free Trade Association that are members of the European Economic Area; (b) Ukraine, in accordance with the conditions laid down in the EU-Ukraine Association Agreement. 2. The association agreements for participation in the Programme with the countries referred to in paragraph 1 shall: (a) ensure a fair balance as regards the contributions and benefits of the third country participating in the Programme; (b) lay down the conditions for participation in the Programme, including the calculation of financial contributions, consisting of an operational contribution and a participation fee for the Programme and its general administrative costs; (c) not confer on the third country any decision-making power in the Programme; (d) guarantee the rights of the Union to ensure sound financial management and to protect its financial interests; and (e) ensure the protection of the security and public order interests of the Union. 3. For the purposes of paragraph 2, point (d), the associated third country shall: (a) grant the necessary rights and access required under Regulations (EU, Euratom) 2024/2509 and (EU, Euratom) No 883/2013; (b) guarantee that enforcement decisions imposing a pecuniary obligation on the basis of Article 299 of the Treaty on the Functioning of the European Union (TFEU) and judgments and orders of the Court of Justice of the European Union are enforceable; and (c) ensure that its competent authorities cooperate with the European Public Prosecutor’s Office (EPPO) in the investigations and prosecutions of criminal offences affecting the Union’s financial interests in accordance with the applicable international agreements or other applicable rules.
Implementation and forms of Union funding
1. The Programme shall be implemented in accordance with Regulation (EU, Euratom) 2024/2509 under direct management or under indirect management with entities referred to in Article 62(1), point (c), of that Regulation. 2. In accordance with Regulation (EU, Euratom) 2024/2509, Union funding may be provided in any form. 3. In accordance with Article 196(2), second subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, financial contributions may, where relevant and necessary for the implementation of an action supported by the Programme, cover actions started and costs incurred prior to the date of the submission of the proposal for those actions, provided that those actions did not start more than three months before the closure of the call for proposals and have not been completed before the signature of the grant agreement. 4. Where Union funding is provided in the form of a grant, it shall take the form of financing not linked to costs or simplified cost options, in accordance with Regulation (EU, Euratom) 2024/2509. Where possible, grants under the Programme shall take the form of lump sums. Actual eligible costs may be reimbursed only where the objectives of an action supported by the Programme cannot otherwise be achieved. 5. In accordance with Article 153(3) of Regulation (EU, Euratom) 2024/2509, the evaluation committee may be assisted by external experts holding a valid personnel security clearance, if required by the work programme. By way of derogation from Article 242 of that Regulation, the list of independent experts shall not be made public.
Eligibility
1. Eligibility criteria shall be set in accordance with Regulation (EU, Euratom) 2024/2509 to support the achievement of the objectives laid down in Article 3 of this Regulation and shall apply to all award procedures under the Programme. 2. In award procedures, the following legal entities may be eligible to receive Union funding: (a) entities established in a Member State; (b) entities established in an associated third country; (c) international organisations; (d) SEAPs. 3. For actions supported by the Programme as referred to in Article 10, with the exception of actions referred to in Article 10(1), point (d), the recipients of Union funding (the ‘recipients’) shall be SMEs. 4. With the exception of actions referred to in Article 10(1), point (c), the recipients shall: (a) be established in the Union or in an associated third country; and (b) have their executive management structures located in the Union or in an associated third country. 5. The recipients shall not be subject to control by a non-associated third country or by a non-associated third-country entity. 6. The infrastructure, facilities, assets and resources of the recipients used for the purposes of the action supported by the Programme shall be located on the territory of a Member State or of an associated third country for the entire duration of the action. 7. Where the recipients involved in the action supported by the Programme have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated third country, they may use their infrastructure, facilities, assets or resources located or held outside the territory of the Member States or of the associated third countries, provided that this use does not contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations, and is consistent with the objectives set out in Article 3. The costs related to activities using such infrastructure, facilities, assets or resources shall not be eligible for support from the Programme. 8. Legal entities may be considered to have fulfilled the eligibility criteria referred to in this Article where they have fulfilled equivalent conditions under Regulation (EU) 2018/1092 ( 24 ) , (EU) 2021/697, (EU) 2023/1525 ( 25 ) , (EU) 2023/2418 ( 26 ) or (EU) 2025/2643 of the European Parliament and of the Council, or under Council Regulation (EU) 2025/1106 ( 27 ) , provided that no subsequent changes call into question the fulfilment of those conditions. 9. The following actions shall not be eligible for Union funding: (a) actions or parts of actions that are already fully financed from other public or private sources; (b) actions for the development of products and technologies the use, development or production of which is prohibited by applicable international law; (c) actions for the development of lethal autonomous weapons without the possibility for meaningful human control over selection and engagement decisions when carrying out strikes against humans, without prejudice to the possibility of providing Union funding for actions for the development of early warning systems and countermeasures for defensive purposes; (d) actions related to cluster munitions.
Eligible actions
1. Actions eligible for funding under the Programme shall implement the objectives set out in Article 3 and may take one or more of the following forms: (a) support for the rapid development of emerging and disruptive defence products and, where relevant, components necessary for their production, including where those products are based on the integration and adaptation of civilian technologies with dual-use potential for defence purposes; (b) support for the market uptake of emerging and disruptive defence products, including through support for the aggregation of demand and dedicated and iterative field testing and demonstrations with the involvement and feedback of end users, in particular through matchmaking; (c) support for the relocation of the establishment of an entity or of its executive management structure to the Union or to an associated third country for the effective implementation of actions referred to in points (a) and (b), where an entity was previously established or its executive management structure was located in a non-associated third country; (d) support necessary for the effective implementation of actions referred to in points (a) and (b), including, but not limited to: (i) qualification; (ii) certification; (iii) access to infrastructure; (iv) access to innovative manufacturing capacities and processes; (v) investment readiness support; (vi) skills development; (vii) procurement of studies; and (viii) ecosystem-building and strengthening activities, including support for cooperation between SMEs and European defence industrial prime contractors, system integrators and first-tier subcontractors. 2. The Programme may provide support for actions covering the swift upgrade of existing products and technologies, provided that the use of pre-existing information, intellectual property rights or other rights necessary for carrying out the action is not subject, directly or indirectly through one or more intermediate legal entities, to a restriction by a non-associated third country or by a non-associated third-country entity, where that restriction would prevent the effective implementation of the action. 3. The recipients shall benefit, where possible and appropriate, from fast-track access to Union testing and experimentation facilities and to the EU Defence Innovation Scheme (EUDIS) Business Accelerator. 4. Actions supported by the Programme 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 Treaty on European Union, including respect for the principle of good neighbourly relations.
Award criteria
1. Where relevant and appropriate, depending on the nature of the award procedure, and in accordance with Regulation (EU, Euratom) 2024/2509, the award criteria shall be set out in the work programme referred to in Article 16 of this Regulation and shall take into account the following elements: (a) the potential for disruption in the defence domain, assessed in light of the extent to which a proposed solution departs from current technological baselines; (b) the quality of the proposal and the ability of the applicant to implement the action referred to in Article 10; (c) the impact in the defence domain, considering the needs of Member States and associated third countries, in particular with regard to cost-efficiency, speed of delivery and readiness for operational use, including, where relevant, cybersecurity resilience. 2. In addition to the elements referred to in paragraph 1 of this Article, the work programme referred to in Article 16 may also take into account the increase in security of supply for supply chains of emerging and disruptive defence products and technologies. 3. The work programme referred to in Article 16 shall lay down additional details concerning the application of the award criteria referred to in paragraph 1 of this Article, taking into account the objectives of the call for proposals and the selection and evaluation procedures.
Selection and award procedure
1. In order to ensure that actions referred to in Article 10 can be effectively implemented without undue delay, the work programme may identify award procedures, under direct or indirect management, that are subject to an accelerated and simplified procedure. 2. By way of derogation from Articles 199, 201 and 203 of Regulation (EU, Euratom) 2024/2509 regarding grants and from Article 170(1), points (b) and (c), and Article 170(2) of that Regulation regarding procurement, the work programme may provide that, for award procedures identified therein, the following conditions apply: (a) the requirements for the award decision and the signature of legal commitments shall be limited to a preliminary evaluation of the award and exclusion criteria; (b) the award decision may be taken based solely on a self-declaration of the applicants and tenderers concerning the eligibility and selection criteria, especially regarding control, without requesting corresponding supporting documents during the preliminary evaluation; (c) the Commission shall complete the final evaluation without undue delay; (d) the results of the preliminary evaluation shall be notified to the applicants and tenderers within a period specified in the work programme; and (e) the award decision shall be taken within a period specified in the work programme. 3. Where the final evaluation referred to in paragraph 2, point (c), concludes that the recipient does not meet all the eligibility and selection criteria, the legal commitment shall be terminated. Payments shall only be made once the final evaluation has been completed. 4. The work programme may set up targeted two-stage bottom-up award procedures in accordance with the following rules: (a) during the first stage: (i) a call for expressions of interest may be launched without specifying the kind of activities or the instrument of budget implementation to be used, to enable the applicants and tenderers to submit project proposals or offers for goods, works or services that might contribute to the objectives of this Regulation, as set out in the work programme referred to in Article 16; (ii) proposals and offers shall be evaluated and ranked based on common award criteria set out in the work programme, such as their comparative contribution to the objectives; (iii) the evaluation committee shall determine the most appropriate instrument of budget implementation under direct or indirect management and propose the maximum amount and form of the Union contribution; (b) during the second stage, the applicants and tenderers whose projects or offers have been successfully evaluated shall be invited to adjust and complete their proposals or offers, within the available budget, in accordance with the conclusions of the evaluation committee. 5. For matters not covered by paragraph 4, the award procedure shall proceed in accordance with the rules set out in Regulation (EU, Euratom) 2024/2509 applicable to the respective instrument of budget implementation. 6. The Commission shall award the funding under the Programme by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(4).
Inducement intervention
1. By way of derogation from Article 9, the work programme may provide that an award procedure takes the form of an inducement intervention under which the eligibility criteria relating to the place of establishment of legal entities participating in the Programme or the location of their executive management may be temporarily and conditionally suspended. 2. The eligibility criteria that have been suspended in accordance with paragraph 1 of this Article shall be complied with and compliance with those eligibility criteria shall be evaluated within the timeframe specified in the legal commitment within the meaning of Article 2, point 39, of Regulation (EU, Euratom) 2024/2509. Union funding shall be provided once all the eligibility criteria have been met. 3. If the eligibility criteria that have been suspended in accordance with paragraph 1 are not complied with within the timeframe specified in the legal commitment referred to in paragraph 2, the action supported by the Programme shall be considered ineligible and any Union funding shall be fully recovered. 4. Where an award procedure takes the form of an inducement intervention, no pre-financing shall be paid. 5. The work programme shall set out the specific budget allocated to award procedures taking the form of an inducement intervention pursuant to paragraph 1. That budget shall represent a limited share of the Programme budget, so as to preserve the targeted and exceptional nature of that support.
Union funding rates
Without prejudice to Article 193 of Regulation (EU, Euratom) 2024/2509, the Programme may finance up to 100 % of the eligible costs.
Ownership of results
1. The results of actions supported by the Programme shall not be subject, directly or indirectly through one or more intermediate legal entities, to any control or restriction by non-associated third countries or by non-associated third-country entities, including with regard to technology transfer. 2. This Regulation shall not affect Member States’ discretion as regards their policies on the export of military technology and equipment. 3. Technology transfers shall be carried out in full compliance with Directive 2009/43/EC and, where relevant, Regulation (EU) 2021/821 of the European Parliament and of the Council ( 28 ) . 4. Without prejudice to paragraph 2, any transfer of ownership or grant of an exclusive licence to a non-associated third country or to a non-associated third-country entity for results generated through the Programme, which takes place within three years of the final payment under the action, shall be subject to prior notification to the Commission and approval by the relevant Member State or associated third country authorities under conditions ensuring the protection of the security and defence interests of the Union and its Member States. Where such a transfer of ownership or grant of an exclusive licence contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided under the Programme shall be reimbursed. 5. Where the Union procures a study, all Member States and associated third countries shall have the right, free of charge, to a non-exclusive licence for the use of the study upon written request. 6. Where Union funding is provided in the form of a grant, Union institutions, bodies, offices or agencies, as well as granting authorities, shall enjoy, upon request, royalty-free access rights to results, without affecting the ownership of results or intellectual property rights in background information, for the sole purpose of developing, implementing and monitoring existing Union policies or programmes in the fields of their competence. Such access rights shall be limited to non-commercial and non-competitive use.
Work programme
1. The Programme shall be implemented by means of a work programme as referred to in Article 110(2) of Regulation (EU, Euratom) 2024/2509. 2. The work programme shall set out in detail the categories of actions and topics to be supported by the Programme. Those categories shall be in line with the objectives set out in Article 3. 3. Challenges in the work programme shall be prioritised based on urgent and prioritised capability needs shared by several Member States. 4. With the exception of the award procedure provided for in Article 12(4), the work programme shall, where appropriate, contain functional requirements and specify the form of Union funding under Article 8, without restricting competition across calls for proposals. 5. The Commission shall adopt the work programme by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 17(4).
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. The European External Action Service and the European Defence Agency shall be invited to attend the meetings of the committee as observers and to provide their views and expertise in the work of the committee. 3. The Commission may, on its own initiative or upon request from one or more Member States, invite, where relevant, representatives of associated third countries to attend the meetings of the committee. Representatives of associated third countries shall not be present at or participate in the vote of the committee. 4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 5. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
Relationship with Directive 2009/81/EC
A procurement contract awarded by a Member State for a defence product resulting from an action supported by the Programme, or from a project that has received a Sovereignty Seal in accordance with Article 4(1) of Regulation (EU) 2024/795 and has subsequently received funding from a Member State in accordance with Article 6 of this Regulation, shall be considered to be a contract awarded in the framework of a cooperative programme based on research and development within the meaning of Article 13, point (c), of Directive 2009/81/EC.
Amendment to Regulation (EU) 2024/795
In Article 4 of Regulation (EU) 2024/795, paragraph 1 is replaced by the following: ‘1. The Commission shall award a Sovereignty Seal to any project contributing to any of the STEP objectives, provided that the project has been assessed and complies with minimum quality requirements, in particular the eligibility, exclusion and award criteria, provided for in a call for proposals under Regulation (EU) 2021/522, (EU) 2021/694, (EU) 2021/695, (EU) 2021/697 or (EU) 2026/2387 ( *1 ) of the European Parliament and of the Council, or under Commission Delegated Regulation (EU) 2019/856 ( *2 ) . ( *1 ) Regulation (EU) 2026/2387 of the European Parliament and of the Council of 21 October 2026 on establishing the Programme for agile and rapid defence innovation (AGILE) and amending Regulations (EU) 2024/795 and (EU) 2026/467 ( OJ L, 2026/2387, 3.11.2026, ELI: http://data.europa.eu/eli/reg/2026/2387/oj )." ( *2 ) Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund ( OJ L 140, 28.5.2019, p. 6 , ELI: http://data.europa.eu/eli/reg_del/2019/856/oj ).’."
Amendment to Regulation (EU) 2026/467
In Article 13(4) of Regulation (EU) 2026/467, point (f) is replaced by the following: ‘(f) manufacturers and subcontractors involved in the production of defence products may be considered to fulfil the eligibility conditions referred to in this paragraph where they have fulfilled equivalent conditions under Regulation (EU) 2018/1092 ( *3 ) , (EU) 2021/697 ( *4 ) , (EU) 2023/1525 ( *5 ) , (EU) 2023/2418 ( *6 ) or (EU) 2026/2387 ( *7 ) of the European Parliament and of the Council, or under Council Regulation (EU) 2025/1106 and provided that no subsequent changes call into question the fulfilment of those conditions; ( *3 ) Regulation (EU) 2018/1092 of the European Parliament and of the Council of 18 July 2018 establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovation capacity of the Union’s defence industry ( OJ L 200, 7.8.2018, p. 30 , ELI: http://data.europa.eu/eli/reg/2018/1092/oj )." ( *4 ) Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 ( OJ L 170, 12.5.2021, p. 149 , ELI: http://data.europa.eu/eli/reg/2021/697/oj )." ( *5 ) Regulation (EU) 2023/1525 of the European Parliament and of the Council of 20 July 2023 on supporting ammunition production (ASAP) ( OJ L 185, 24.7.2023, p. 7 , ELI: http://data.europa.eu/eli/reg/2023/1525/oj )." ( *6 ) Regulation (EU) 2023/2418 of the European Parliament and of the Council of 18 October 2023 on establishing an instrument for the reinforcement of the European defence industry through common procurement (EDIRPA) ( OJ L, 2023/2418, 26.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2418/oj )." ( *7 ) Regulation (EU) 2026/2387 of the European Parliament and of the Council of 21 October 2026 on establishing the Programme for agile and rapid defence innovation (AGILE) and amending Regulations (EU) 2024/795 and (EU) 2026/467 ( OJ L, 2026/2387, 3.11.2026, ELI: http://data.europa.eu/eli/reg/2026/2387/oj ).’."
Application of the rules on classified information
1. For the implementation of this Regulation: (a) Member States and associated third countries on whose territory the recipients are established shall assess the sensitive nature of the background and foreground information handled during the implementation of the actions supported by the Programme; (b) where that information is subject to a national classification level, the Member States and associated third countries referred to in point (a) shall establish an adequate security framework in accordance with their national laws and regulations; (c) each Member State shall ensure a level of protection of EU classified information equivalent to that provided for in the security rules set out in Council Decision 2013/488/EU ( 29 ) ; (d) the Commission shall protect classified information received in relation to the Programme in accordance with the security rules set out in Commission Decision (EU, Euratom) 2015/444 ( 30 ) . 2. The Commission shall make available an accredited secure exchange system in order to facilitate the exchange of classified and sensitive information between the Commission and the Member States and associated third countries and, where appropriate, with the applicants and recipients. That system shall take into account Member States’ national security regulations.
Audits
Audits of the use of the Union contribution carried out by persons or entities, including persons or entities other than those mandated by the Union institutions, bodies, offices or agencies, shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU, Euratom) 2024/2509. The European Court of Auditors shall examine the accounts of all revenue and expenditure of the Union in accordance with Article 287 TFEU.
Information, communication and publicity
1. The recipients shall acknowledge the origin of the Union funding and ensure the visibility of that funding, including when promoting the actions supported by the Programme and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 2. The Commission shall implement information and communication actions relating to this Regulation, to actions supported by the Programme and to the results achieved. 3. Financial resources allocated to the Programme may contribute to the organisation of dissemination, matchmaking and awareness-raising activities, including for the purpose of opening supply chains to foster the cross-border participation of SMEs. Such activities shall include measures aimed at ensuring broad awareness of the Programme and facilitating participation across the Union, in particular among SMEs, start-ups and non-traditional defence actors with limited prior participation in Union programmes. Dissemination activities shall include measures to inform potential applicants of the possibility of including their products in the Military Sales Catalogue as established under Regulation (EU) 2025/2643.
Monitoring, evaluation and review
1. The Commission shall monitor the implementation of the Programme and assess its effectiveness in achieving the objectives set out in this Regulation. Given the high-risk and high-potential nature of emerging and disruptive defence innovation, the success of the Programme shall be assessed at portfolio level. 2. The Commission shall regularly inform the European Parliament and the Council of the implementation of the Programme. 3. By 1 July 2028, the Commission shall draw up a report evaluating the impact and effectiveness of the actions supported by the Programme and shall submit it to the European Parliament and the Council. That report shall include information on: (a) the level of participation of SMEs; (b) the geographical distribution of supported entities across the Union and associated third countries; (c) the thematic distribution of supported activities; (d) a breakdown of expenditure by type of action; (e) the effectiveness of award procedures relative to benchmarks under existing instruments; (f) aggregated data on the uptake of Programme-funded products.
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 .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.