**Executive Summary**
This Council Implementing Decision (EU) 2026/370, issued on 11 February 2026, confirms the availability of financial assistance to Spain under Regulation (EU) 2025/1106 (Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument). The decision confirms that Spain’s request fulfils the conditions for receiving a loan of up to EUR 1,000,000,000. The decision takes effect upon notification.
**Key Points / Main Content**
* **Financial Assistance to Spain:**
* The Commission confirms Spain's request for financial assistance under SAFE meets the conditions outlined in Regulation (EU) 2025/1106, specifically Articles 4, 7(2), and 16.
* Financial assistance will be made available to Spain accordingly.
* **Loan Amount:**
* The Union will provide Spain with a loan of up to EUR 1,000,000,000.
* The Commission will provide loan support to Spain.
* **Conditions for Using SAFE Instrument:**
* The request ensures that activities, expenditures, and measures related to defence products or other products for defence purposes are carried through common procurements or single procurements.
* Such activities, expenditures, and measures are also to have one or more of the following objectives: speeding up the adjustment of the defence industry to structural changes, improving the timely availability of defence products or ensuring interoperability and interchangeability across the Union.
* **Compliance and Procurement:**
* The request contains a description of the planned measures aimed at ensuring compliance with Article 16 of Regulation (EU) 2025/1106 and the procurement rules set out in that Regulation, including a description of how that compliance is to be ensured.
* **Implementation:**
* The decision is without prejudice to the outcome of any procedures under Regulation (EU) 2024/1263 and under Council Regulation (EC) No 1467/97.
* The decision is without prejudice to the relevant rules adopted pursuant to Article 322 of the Treaty on the Functioning of the European Union, in particular Regulations (EU, Euratom) 2024/2509 and (EU, Euratom) 2020/2092.
* The loan agreement to be entered into with Spain should set out all appropriate measures necessary for the protection of the Union's financial interests,
* **Effective Date:**
* The Decision takes effect upon its notification.
**Impact Analysis**
**Spain**
* **Impact**
* Spain receives financial assistance (loan) of up to EUR 1,000,000,000 under SAFE to support its defence industry.
* **Action Required**
* Spain must adhere to the conditions laid down in Regulation (EU) 2025/1106 (specifically Articles 4, 7(2), and 16).
* Spain needs to enter into a loan agreement with the Union that includes measures to protect the Union's financial interests.
**European Commission**
* **Impact**
* The Commission is responsible for providing loan support to Spain.
* **Action Required**
* The Commission must ensure that the loan agreement includes measures to protect the Union's financial interests.
**European Union**
* **Impact**
* The EU is providing financial support to strengthen the European Defence Industry.
* **Action Required**
* Ensure that the loan agreement includes measures to protect the Union's financial interests.
Key Entities Referenced
Regulation (EU) 2025/1106: Regulation establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument.
Security Action for Europe (SAFE): Aimed at reinforcing the European Defence Industry Instrument.
Spain: Receives financial assistance under Regulation (EU) 2025/1106.
European Commission: The EU commission that proposed and assessed the request of financial assistance.
Brussels: Location where the decision was made.
Official Journal EN
of the European Union L series
2026/370 19.2.2026
COUNCIL IMPLEMENTING DECISION (EU) 2026/370
of 11 February 2026
on making the financial assistance under Regulation (EU) 2025/1106 available to Spain
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE)
through the Reinforcement of the European Defence Industry Instrument(1), and in particular Article 8 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Commission launched a call for expressions of interest to receive financial assistance under the Security Action
for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (the ‘SAFE instrument’),
requesting Member States to provide for an indicative maximum and minimum loan amount. By 29 August 2025,
19 Member States had expressed interest in obtaining financial assistance under Regulation (EU) 2025/1106.
(2) On 9 September 2025, the Commission notified the requesting Member States of the tentative allocation of the loan
amounts per Member State.
(3) On 28 November 2025, Spain submitted a request in accordance with Article 7(1) of Regulation (EU) 2025/1106
for financial assistance (the ‘request’) accompanied by a European defence industry investment plan (the ‘plan’).
(4) The Commission assessed the request against the applicable conditions laid down in Regulation (EU) 2025/1106.
(5) In accordance with Article 7 of Regulation (EU) 2025/1106, the plan was duly reasoned and substantiated and set
out a description of the defence products and of the other products for defence purposes, and where relevant,
a description of the foreseen involvement of Ukraine in the planned activities, expenditures and measures, or of
foreseen actions for the benefit of Ukraine.
(6) The Commission found that the request fulfils the conditions laid down in Article 4 of Regulation (EU) 2025/1106
for using the SAFE instrument. In particular, it ensures that activities, expenditures and measures related to defence
products or other products for defence purposes are carried through common procurements or single
procurements. Such activities, expenditures and measures are also to have one or more of the following objectives:
speeding up the adjustment of the defence industry to structural changes, improving the timely availability of
defence products or ensuring interoperability and interchangeability across the Union.
(7) The Commission also found that the request contains a description of the planned measures aimed at ensuring
compliance with Article 16 of Regulation (EU) 2025/1106 and the procurement rules set out in that Regulation,
including a description of how that compliance is to be ensured.
(8) As a result, in accordance with Article 8(2) of Regulation (EU) 2025/1106, the Commission found that the request
fulfils the conditions laid down in that Regulation, in particular those provided for in Article 4, Article 7(2) and
Article 16.
(9) In accordance with Article 8(5) of Regulation (EU) 2025/1106, the Commission has considered the existing and
expected financial needs of Spain as well as requests for financial assistance pursuant to that Regulation already
submitted or planned to be submitted by other Member States, while applying the principles of equal treatment,
solidarity, proportionality and transparency.
(1) OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj.
ELI: http://data.europa.eu/eli/dec_impl/2026/370/oj 1/2EN
OJ L, 19.2.2026
(10) This Decision should be without prejudice to the outcome of any procedures under Regulation (EU) 2024/1263 of
the European Parliament and of the Council(2) and under Council Regulation (EC) No 1467/97(3).
(11) This Decision should be without prejudice to the relevant rules adopted pursuant to Article 322 of the Treaty on the
Functioning of the European Union, in particular Regulations (EU, Euratom) 2024/2509(4) and (EU, Euratom)
2020/2092(5) of the European Parliament and of the Council.
(12) In accordance with Article 10(2) of Regulation (EU) 2025/1106, the loan agreement to be entered into with Spain
should set out all appropriate measures necessary for the protection of the Union’s financial interests,
HAS ADOPTED THIS DECISION:
Article 1
It is hereby confirmed that the Commission has assessed the request for financial assistance under the Security Action for
Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument submitted by Spain on
28 November 2025 and found that the request fulfils the conditions laid down in Regulation (EU) 2025/1106, in particular
those in Article 4, Article 7(2) and Article 16. Financial assistance shall be made available to Spain accordingly.
Article 2
1. The Union shall make available to Spain a loan amounting to a maximum of EUR 1 000 000 000.
2. The Commission shall make loan support available to Spain.
Article 3
This Decision shall take effect on the date of its notification.
Article 4
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 11 February 2026.
For the Council
The President
K. KALLAS
(2) Regulation (EU) 2024/1263 of the European Parliament and of the Council of 29 April 2024 on the effective coordination of
economic policies and on multilateral budgetary surveillance and repealing Council Regulation (EC) No 1466/97 (OJ L, 2024/1263,
30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1263/oj).
(3) Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit
procedure (OJ L 209, 2.8.1997, p. 6, ELI: http://data.europa.eu/eli/reg/1997/1467/oj).
(4) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules
applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
(5) Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of
conditionality for the protection of the Union budget (OJ L 433 I, 22.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/2092/
oj).
2/2 ELI: http://data.europa.eu/eli/dec_impl/2026/370/oj