Article 27 — Eligible actions

1. Actions eligible for funding under the Ukraine Support Instrument shall implement the objectives set out in Article 22 and may take one of the following forms, or a combination thereof: (a) common procurement actions as referred to in Article 11, including for the purpose of establishing, managing or maintaining defence industrial readiness pools; (b) industrial reinforcement actions as referred to in Article 12; (c) supporting actions as referred to in Article 13. 2. The following actions shall not be eligible for funding under the Ukraine Support Instrument: (a) actions related to defence products that are prohibited by applicable international law; (b) actions related to lethal autonomous systems that operate outside a responsible chain of human command and control or that cannot be used in compliance with international humanitarian law; (c) actions related to cluster munitions; (d) actions, or parts thereof, that are already fully financed from other public or private sources. 3. For procurement carried out pursuant to paragraph 1, points (a) and (c), which is supported by Union funding, the cost of components originating outside the Union and Ukraine shall not be higher than 35 % of the estimated cost of the components of the end product. No component shall be sourced from third countries that contravene the security and defence interests of the Union and its Member States. 4. For actions carried out pursuant to paragraph 1, point (b), the cost of components originating outside the Union and Ukraine shall not be higher than 35 % of the estimated cost of the components of the product the increase in production capacity of which is supported by Union funding. No component of the product the increase in production capacity of which is supported by Union funding shall be sourced from third countries that contravene the security and defence interests of the Union and its Member States. 5. Recipients of Union funding or, where relevant, contractors shall have the ability to decide, without restrictions imposed by non-associated third countries other than Ukraine or by another third-country entities, on the definition, adaptation and evolution of the design of the defence products concerned, including the legal authority to substitute or remove components that are subject to restrictions imposed by non-associated third countries other than Ukraine or by another third-country entities. 6. Without prejudice to Article 5 of Directive 2009/43/EC, Member States may publish general transfer licences for transfer to other Member States of products related to actions supported by the Ukraine Support Instrument. 7. Actions eligible for funding under the Ukraine Support Instrument shall be carried out by, or with the involvement of, at a minimum, Ukraine or one legal entity established and having its executive management structure in Ukraine. 8. For the purposes of this Chapter, references to Member States in Articles 11, 12, 13 and 38 shall be understood to include Ukraine. References to associated countries in Articles 11, 12, 13 and 38 shall not apply to this Chapter. For the purposes of this Chapter, references to Article 9 contained in Article 11 shall be understood to refer to Article 26 and references to Article 10(5) contained in Article 12 shall be understood to refer to paragraph 5 of this Article.