Recital (30)

To ensure the smooth implementation of this Regulation in conjunction with the SAFE instrument, it is appropriate to apply similar eligibility conditions. The SAFE instrument supports the procurement of defence products as identified in Regulation (EU) 2025/1106. The list of products being part of Categories 1 and 2 has been agreed by the Council, and that list has proven to be comprehensive enough to allow support for the procurement of products needed by Member States, including air platforms. Given the constantly evolving situation on the battlefield, it is essential to avoid that the existence of a list of products that can be supported constrains Ukraine in getting the assistance it needs. Taking into account the fact that Ukraine is a country at war whose capacity to defend its territory might depend on the availability of a given product in the very short term, Ukraine should be allowed to procure products which do not comply with those eligibility conditions where either no equivalent product is available by procurement or where there is an urgent need for the delivery of a product. That may include but is not limited to air and missile defence systems, including interceptors, and fighter aircraft ammunition and spare parts and deep-strike capabilities. For any derogation, the time for delivery of the product should be commensurate with the urgency of the situation and Ukraine’s immediate operational needs. To that end, Ukraine should provide to the Commission the information reasonably available to it to demonstrate that a derogation is necessary, because whilst the war is ongoing, and Ukraine’s needs are as such urgent, Ukraine should not be required to undertake extensive market research. In order to ensure uniform conditions for the implementation of this Regulation, and for reasons of efficiency, the Commission should be empowered to examine such requests for derogations under the supervision of the committee in accordance with Regulation (EU) No 182/2011. Considering the potentially significant impact of the assistance, it is appropriate that the examination procedure as specified in Regulation (EU) No 182/2011 be used. Due to the exceptional situation caused by Russia’s war of aggression against Ukraine and the necessity for the timely availability of defence products, it is appropriate that the duly justified case referred to in Article 3(3) of Regulation (EU) No 182/2011 be invoked to allow for an opinion of the committee within a time limit which the chair of the committee may lay down according to the urgency of the matter. Where necessary, the written procedure referred to in Article 3(5) of that Regulation should be used.