Article 23 — Decision on the release of assistance

1. The Commission shall decide on the release of assistance subject to its assessment of the following requirements: (a) for macro-financial assistance: (i) compliance with the precondition set out in Article 5(1); (ii) the satisfactory fulfilment of the policy conditions set out in the MoU; and (iii) compliance with the Ukraine Support Loan Agreement referred to in Article 20; (b) for assistance to support Ukraine’s defence industrial capacities: (i) compliance with the precondition set out in Article 5(1); (ii) confirmation that the contracts or agreements are for products in compliance with Article 13 and that the Commission does not object to the methods of implementation; (iii) confirmation that Ukraine broadly respects the qualitative and quantitative steps contained in the Annex to Council Implementing Decision (EU) 2024/1447 and any amendments thereto; (iv) compliance with the obligations referred to in Article 16 and the Ukraine Support Loan Agreement referred to in Article 20; and (v) to the extent necessary, the adequacy of the detailed justification of Ukraine, taking into account the situation in Ukraine and the committed and expected external financing available. For budget assistance in the form of a loan to be implemented pursuant to Chapter III of Regulation (EU) 2024/792, the release of assistance shall be implemented in accordance with Chapter III of Regulation (EU) 2024/792. 2. Subject to compliance with the amount of assistance accessible provided for in the Council implementing decision adopted in accordance with Article 8, where the Commission makes a positive assessment of the request for funds, it shall adopt, without undue delay, a decision authorising the disbursement of the Ukraine Support Loan. For assistance to support Ukraine’s defence industrial capacities, that amount to be disbursed shall be equal to the value of the contracts or agreements included in the request for funds. 3. The Commission may proceed with the decision referred to in paragraph 2 for paragraph 1, points (a) and (b), collectively or individually. 4. Where the Commission gives a negative assessment to the request for funds, it shall, without undue delay, inform Ukraine, giving reasons for its assessment. A negative assessment shall not prevent Ukraine from submitting a new request for funds.