Recital (31)

To allow third countries to contribute to the assistance to Ukraine while at the same time safeguarding the Union’s and Member States’ security and defence interests and taking into account the existing agreements under the SAFE instrument, it is appropriate to provide for the possibility to extend the eligibility criteria to third countries other than Ukraine and EEA EFTA States that do not contravene the security and defence interests of the Union and its Member States, provided that those third countries have concluded an agreement with the Union in accordance with Article 17 of Regulation (EU) 2025/1106 or, where they have not concluded such an agreement, provided that such countries have entered into a Security and Defence Partnership with the Union, are providing significant financial and military support to Ukraine, and are providing a fair and proportionate financial contribution, respecting the principle that any agreement with a third country must be based on a balance of rights and obligations and a third country should not have the same rights nor enjoy the same benefits as a Participating Member State. Such a possibility, therefore, should be limited to specific defence products taking into account the immediate operational needs of Ukraine, focusing, in particular, on air and missile defence systems, ammunition and missiles, drones and related anti-drone systems, artillery systems, including deep precision strike capabilities, strategic enablers such as, but not limited to, strategic airlift, air-to-air refuelling, C4ISTAR systems as well as space assets and services.