32024R2773#art_8Regulation (EU) 2024/2773 of the European Parliament and of the Council

Article 8 — Disbursement of the non-repayable financial support

1. Ukraine may submit to the Commission twice a year a request for non-repayable financial support under the Mechanism in respect of the MFA Loan and eligible bilateral loans. 2. The Commission shall assess Ukraine’s request for non-repayable financial support under the Mechanism on the basis of the following requirements: (a) compliance with the precondition set out in Article 11(1), which shall only be applicable as regards the MFA Loan; (b) confirmation that the total value of disbursements in respect of the MFA Loan or each eligible bilateral loan, together with any interest accrued thereon, does not exceed the total amount due to that bilateral lender; and (c) compliance with the obligations of the ULCM Agreement. 3. Subject to the availability of the resources referred to in Article 4(1), where the Commission makes a positive assessment of the request for non-repayable financial support under the Mechanism, it shall adopt without undue delay a decision authorising the disbursement of the non-repayable financial support under the Mechanism, including the amount disbursed to support the repayment of each eligible bilateral loan and the amount made available to support the repayment of the MFA Loan. The amount disbursed under the Mechanism shall equal the amount of resources available on the basis of Article 4(1). That amount disbursed shall be allocated in accordance with the Commission decision referred to in Article 5(3). 4. In the event that the amount made available to Ukraine to support the repayment of the MFA Loan is higher than the amount due for repayment under the MFA Loan, the excess amount may be used for early repayment of the MFA Loan in accordance with Article 15(2), point (e), or may be retained by the Union for the exclusive purpose of supporting the repayment of the MFA Loan in the future. Any interest accrued thereon shall also be available to support that purpose. 5. Where the Commission gives a negative assessment to the request for non-repayable financial support under the Mechanism, it shall, without delay, inform Ukraine, giving reasons for its assessment. 6. Without prejudice to paragraphs 1 and 2 of this Article, the Commission may for duly justified reasons exceptionally assess requests for payment submitted by the bilateral lenders, in particular where the Commission has taken a decision in accordance with Article 11(5) or where Ukraine is not in compliance with its obligations under the ULCM Agreement.

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