Council Decision (EU) 2026/587 of 9 March 2026 authorising the opening of negotiations for an agreement between the European Union and Ukraine laying down the rules for the participation of Ukraine in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and for access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme

Official Journal EN of the European Union L series 2026/587 17.3.2026 COUNCIL DECISION (EU) 2026/587 of 9 March 2026 authorising the opening of negotiations for an agreement between the European Union and Ukraine laying down the rules for the participation of Ukraine in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and for access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty of the Functioning of the European Union, and in particular Article 189(2), in conjunction with Article 218(3) and (4) thereof, Having regard to the recommendation of the European Commission, Whereas: (1) Article 7(2), first subparagraph, point (b), of Regulation (EU) 2021/696 of the European Parliament and of the Council(1) (the ‘Space Regulation’) provides for the participation in the GOVSATCOM component of the Union Space Programme of candidate countries, subject to an agreement to be concluded in accordance with Article 218 of the Treaty on the Functioning of the European Union (TFEU). Article 8(1) of the Space Regulation provides that third countries can be allowed to have access to GOVSATCOM services provided that they conclude an agreement in accordance with Article 218 TFEU and comply with Article 43 of that Regulation. (2) Article 11(3) and Article 39(1) of Regulation (EU) 2023/588 of the European Parliament and of the Council(2)(the ‘Secure Connectivity Regulation’) provide for the participation in the Union Secure Connectivity Programme of candidate countries, subject to an agreement to be concluded in accordance with Article 218 TFEU. Article 40 of the Secure Connectivity Regulation provides that third countries are able to have access to governmental services provided that they conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and conditions for access to governmental services, and comply with Article 43(1) of the Space Regulation. (3) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part(3) entered into force on 1 September 2017. (4) The Agreement between Ukraine and the European Union on the security procedures for the exchange of classified information(4) entered into force on 1 February 2007. (5) Council Decision (CFSP) 2021/698(5) sets out the responsibilities to be exercised by the Council and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) to avert a threat to the security of the Union or of one or more of its Member States or to mitigate serious harm to the essential interests of the Union or of one or more of its Member States arising from the deployment, operation or use of the systems set up and services provided under GOVSATCOM, as a component of the Union space programme, or the Union Secure Connectivity Programme, or in the event of a threat to the operation of any of those systems or the provision of those services. (1) Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69, ELI: http://data.europa.eu/eli/ reg/2021/696/oj). (2) Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj). (3) OJ L 161, 29.5.2014, p. 3, ELI: http://data.europa.eu/eli/agree_internation/2014/295/oj. (4) OJ L 172, 5.7.2005, p. 84, ELI: http://data.europa.eu/eli/agree_internation/2005/481/oj. (5) Council Decision (CFSP) 2021/698 of 30 April 2021 on the security of systems and services deployed, operated and used under the Union Space Programme and the Union Secure Connectivity Programme which may affect the security of the Union, and repealing Decision 2014/496/CFSP (OJ L 170, 12.5.2021, p. 178, ELI: http://data.europa.eu/eli/dec/2021/698/oj). ELI: http://data.europa.eu/eli/dec/2026/587/oj 1/6EN OJ L, 17.3.2026 (6) The participation of Ukraine in the GOVSATCOM component of the Union space programme and in the Union Secure Connectivity Programme, and the access of Ukraine to the GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme, will contribute to strengthening Europe’s role as a global actor and promoting international cooperation, in line with the Space Strategy for Europe. An agreement with Ukraine will strengthen the Union’s strategic position, in line with the European Union space strategy for security and defence. (7) Negotiations should be opened with a view to concluding an agreement with Ukraine laying down the rules for the participation of Ukraine in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and for access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme, HAS ADOPTED THIS DECISION: Article 1 The opening of negotiations for an international agreement between the Union and Ukraine laying down the rules for the participation of Ukraine in the GOVSATCOM component of the Union space programme and in the Union Secure Connectivity Programme, and for access to the GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme is hereby authorised. Article 2 The Commission is hereby nominated as the Union negotiator. Article 3 The negotiating directives set out in the addendum to this Decision are hereby addressed to the Commission. Article 4 The negotiations shall be conducted in consultation with the Council Working Party on Space, which is hereby designated as the special committee provided for in Article 218(4) TFEU. Article 5 This Decision is addressed to the Commission. Done at Brussels, 9 March 2026. For the Council The President M. MOUSHOUTTAS 2/6 ELI: http://data.europa.eu/eli/dec/2026/587/ojEN OJ L, 17.3.2026 ANNEX Directives for the negotiation with Ukraine for an agreement laying down the rules for the participation of Ukraine in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and for access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme The Commission shall negotiate an agreement laying down the rules for Ukraine’s participation in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme. The implementation provisions relating to Ukraine’s participation in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and access to the GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme are governed by this cooperation agreement. 1. PURPOSE OF THE NEGOTIATIONS (1) The purpose of the negotiations is to reach an agreement on the rights and obligations to be extended to Ukraine for its participation in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, including the calculations for the financial contributions, and access to the GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme; (2) The agreement should take full account of the importance of ensuring respect for democracy, the rule of law, the universal and indivisible human rights and fundamental freedoms, in particular freedom of thought, conscience and religion, as well as freedom of expression and information, human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law; (3) The agreement should ensure a fair balance as regards the contributions and benefits of Ukraine; (4) The agreement should guarantee the rights of the Union to ensure sound financial management and to protect its financial interests; (5) The agreement should be without prejudice to unlimited and uninterrupted access to the GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme; (6) The content of these negotiations should not be disclosed to parties other than those involved in the negotiations of this agreement; (7) The terms and conditions under which Ukraine will use secure connectivity should guarantee the preservation of the level of security protection of the infrastructure and the service; (8) The agreement should not affect the Space Regulation or the Secure Connectivity Regulation. In particular, the agreement should ensure that the rights of use granted to Ukraine are not detrimental to the functioning, availability and capacity to provide services of the GOVSATCOM component of the Union Space Programme and of the Union Secure Connectivity Programme. 2. PROCEDURE FOR NEGOTIATIONS (9) The negotiations, as well as the consultations with the special committee in the course of the negotiations, should be conducted at the appropriate classification level as determined on the basis of the content of the information exchanged, in compliance with the applicable security rules; ELI: http://data.europa.eu/eli/dec/2026/587/oj 3/6EN OJ L, 17.3.2026 (10) The negotiations should be prepared for well in advance. To this end, the Commission should, as soon as possible, inform the special committee about the anticipated schedule and about the issues to be negotiated, and should forward all relevant documents to the special committee; (11) Whenever needed, negotiating sessions shall be preceded by a meeting of the special committee to enable it to formulate opinions and advice relating to the positions to be adopted in the negotiations; (12) The Commission shall provide the special committee with all the information necessary to enable it to follow the progress of the negotiations and shall report in writing on the outcome of the negotiations without delay after each negotiating session. Where applicable, the provision of information and reports shall be done in accordance with the security rules applicable to the processing of EU classified information. 3. SCOPE OF THE AGREEMENT This agreement should cover, as a minimum and as far as possible, the following areas: (13) The possibility for Ukraine to become a participant in both programmes and to designate a competent GOVSATCOM and secure connectivity authority; (14) The conditions of participation in the programmes, including the calculation of financial contributions. These contributions shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation; (15) That Ukraine is not to be granted any decision-making power in respect of the GOVSATCOM component of the Union Space Programme and of the Union Secure Connectivity Programme; (16) The rules for Ukraine’s participation in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme, and for access to GOVSATCOM services and to the governmental services of the Union Secure Connectivity Programme, for the duration of the respective programmes, in line with their objectives as stipulated in Article 4 of the Space Regulation and in Article 3 of the Secure Connectivity Regulation respectively; (17) The right of OLAF (European Anti-Fraud Office) and of the Court of Auditors to comprehensively exercise their respective competences in Ukraine, including on-the-spot checks and inspections as provided for in Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by OLAF in line with Article 25 of the Space Regulation and Article 23 of the Secure Connectivity Regulation; (18) Recognition by Ukraine of the Union’s ownership of the Union secure connectivity assets in line with Article 9 of the Space Regulation and Article 6 of the Secure Connectivity Regulation (i.e. the Union is the owner of all tangible and intangible assets which form part of the governmental infrastructure developed under the programme, with the exception of the EuroQCI terrestrial infrastructure); (19) Affirmation by Ukraine of its intention to adopt and enforce any secure connectivity related regulatory measures applicable in the Union, in particular environmental and space sustainability measures in line with Article 8 of the Secure Connectivity Regulation; (20) Affirmation by Ukraine of its intention to adopt and enforce secure connectivity related measures providing an equivalent degree of security and safety as those applicable in the Union; (21) Cooperation on spectrum protection and frequency issues; (22) Cooperation in market development, the identification of and response to GOVSATCOM and secure connectivity user requirements; 4/6 ELI: http://data.europa.eu/eli/dec/2026/587/ojEN OJ L, 17.3.2026 (23) Eligibility and participation of Ukrainian economic operators in the procurement of supplies for secure connectivity, in line with the provisions of Article 24 of the Union Space Regulation and Article 22 of the Secure Connectivity Regulation and in accordance with existing bilateral and multilateral commitments in this field; (24) The agreement should not conflict with the governance principles set up by the Secure Connectivity Regulation; (25) The agreement should not conflict with the provisions of Regulation (EU) 2021/821 on the control of exports, brokering, technical assistance, transit and transfer of dual-use items; (26) The principles of compliance on handling of classified information with the EU-Ukraine Agreement on Security Procedures for the Exchange of Classified Information(1) and its Implementing Arrangements(2); (27) Where applicable, sufficient guarantees by Ukraine to ensure the adequate protection of the Union secure connectivity infrastructure on its territory; (28) The participation of Ukraine, for the relevant agenda points: — in the GOVSATCOM configuration of the EU Space Programme Committee (SPC GOVSATCOM) and its relevant working groups, — in the Security Configuration of the Space Programme Committee (SPC-SC) and its relevant working groups, and — where applicable, in the Security Accreditation Board (SAB) meetings. The agreement should ensure the participation of Ukraine in the above-mentioned fora is strictly regulated in accordance with the regulations in force and the rules of procedures of those fora. In particular, the agreement should not conflict with the provisions of Articles 39 and 107 of the Space Regulation and Article 34 and 47 of the Secure Connectivity Regulation; (29) Protection of intellectual property rights concerning GOVSATCOM and the Union Secure Connectivity systems; (30) Cooperation on standardisation and accreditation; (31) Reporting requirements in line with Article 101(4) of the Space Regulation and Article 41(5) of the Secure Connectivity Regulation; (32) Any possible additional requirements specified in line with Article 39(4) of the Secure Connectivity Regulation. 4. IMPLEMENTATION, REVIEW AND AMENDMENT (33) The agreement should contain a provision on the duration of the agreement; (34) A Joint Committee should be established to oversee the implementation of the agreement; (35) An amendment procedure should be included in the agreement; (36) A review process should be included, which could provide for the possibility of extending the duration of the agreement; (37) Termination, dispute settlement and suspension clauses should be inserted, including the unilateral suspension by the EU if the security of the Union is affected and Council Decision (CFSP) 2021/698 needs to be activated; (1) Agreement between Ukraine and the European Union on the security procedures for the exchange of classified information (OJ L 172, 5.7.2005, p. 84). (2) Implementing arrangements for the EU-Ukraine Security of Information Agreement, Council of the European Union, 16037/05 of 22 December 2005. ELI: http://data.europa.eu/eli/dec/2026/587/oj 5/6EN OJ L, 17.3.2026 (38) The agreement should contain liability rules which shall protect the Union from any claims resulting from malfunction, failure, degradation or interruption of the Union Secure Connectivity Programme; (39) The agreement, which should be equally authentic in all official EU languages, should include a language clause to that effect; (40) If the envisaged agreement provides for a depositary, the EU negotiator should ensure that the functions of the depositary will be performed by the Secretary-General of the Council of the European Union. If the envisaged agreement does not provide for a depositary, the EU negotiator should ensure that the Secretary-General of the Council of the European Union will be entrusted with the tasks to provide to and receive from Ukraine notifications for the Union under the agreement. 6/6 ELI: http://data.europa.eu/eli/dec/2026/587/oj