The EU’s High Representative for Foreign Affairs and Security Policy, Josep Borrell, announced on Monday during the Foreign Affairs Council that the EU has agreed on a “legal framework” to escalate military support for Ukraine, effectively circumventing Hungary’s opposition. This decision was outlined in a statement issued by Borrell and further discussed at the council meeting.
During a press briefing before the foreign ministers’ meeting, Borrell emphasized the EU’s unwavering commitment to Ukraine by combining diplomatic efforts with increased military aid. He revealed that revenues generated from frozen Russian assets would be allocated to the European Peace Facility (EPF) to bolster Ukraine’s defense capabilities. This move comes in response to Hungary’s long-standing veto, which has obstructed financial aid to Ukraine, including a €50 billion package blocked last December.
The EPF was established in 2021 as an off-budget fund aimed at financing the EU’s military actions and missions, receiving contributions from member states. Following the Russian invasion of Ukraine, the EPF has been instrumental in financing military aid to Ukraine. However, Hungary’s persistent opposition to such support has forced the EU to seek alternative legal means to continue its aid efforts without Hungary’s participation.
Borrell did not detail the specific legal mechanisms but indicated that the proposed framework would avoid the blockade posed by Hungary’s non-participation. He explained, “We understand that legally, since one Member State [Hungary] did not participate in the decision to use these assets, it has not the right to participate in deciding to which purpose they are allocated.”
The aid package includes €2.5 billion, distributed in two phases: €1.4 billion to be released in early July and the remaining amount by year-end. This financial assistance aims to enhance Ukraine’s air defense, provide ammunition, and support its defense industry while addressing what Borrell termed as the “structural difficulty” that has hindered European military aid for over a year.
This new legal strategy is set against the backdrop of the EU’s recent sanctions package against Russia. The legal framework still requires approval from the 27 member states and will be discussed further at the upcoming European Council meeting on June 27-28.