Since the beginning of Russia’s war in Ukraine, the EU has provided about €2.5 billion worth of military assistance to Ukraine through the European Peace Facility (EPF), with some of the weapons coming from the EU countries’ stocks (Preussen, 2022). The EPF is a fund of €5 billion financed outside the EU Budget for a period of seven years (2021-2027), established by Council Decision (CFSP) 2021/509 of 22 March 2021 based on Articles 30 and 41 of the Treaty on the European Union (TEU) (Council of the European Union, 2021).
The current legal framework of the Common Security and Defence Policy (CSDP) was set in stone in 2009 by the Treaty on European Union (TEU). The CSDP is described in detail by the Articles 41 to 46 of the TEU. Article 41, paragraph 2 of the TEU, prohibits expenditure arising from military operations from being charged to the EU budget. Therefore, a large percentage of the military operations costs should be covered by the EU Member States (MS). According to Article 42 of the TEU, the Council of the European Union (EU) and the European Council unanimously decide on matters related to the CSDP.