Ukraine: EU countries approve derogation to allow Kyiv to purchase Patriot systems

Brussels – EU Member States have given the go-ahead for the exemption that will allow Ukraine to use part of its European loans to purchase essential US products for the Patriot air defence systems. The decision was announced today (8 September) by the President of the European Commission, Ursula von der Leyen, and the Secretary-General of NATO, Mark Rutte, paving the way for a payment of €3.2 billion to Kyiv.

 “The forthcoming disbursement of 3.2 billion will enable Ukraine to better protect its skies from Russia’s indiscriminate attacks,” wrote von der Leyen, adding that this sum is in addition to the €8.4 billion already disbursed under the support loan to Ukraine, including for defence. 

“Together with President von der Leyen, I welcome the agreement reached by EU Member States on the derogation for Ukraine
to purchase crucial products for Patriot air defence systems,” Rutte wrote. “Over the past year, NATO Allies have allocated over $10 billion to the PURL”—that is, the “Priority Requirements List for Ukraine” with which the Alliance coordinates the procurement of critical defence equipment from the United States from other allies and partners—“and US foreign military sales to Ukraine,” he noted. 

The derogation specifically concerns Kyiv’s ability to use the €90 billion in European funds to purchase equipment required for the Patriot systems, which are among the most advanced capabilities available to Ukraine for countering Russian missile and air attacks. The issue stems from the fact that the new European support instrument gives priority to purchases from the European and Ukrainian defence industries, while the Patriot systems are manufactured in the US. 

The agreement comes just a few days after von der Leyen confirmed a Ukrainian request for funding amounting to “several billion euros” intended specifically to strengthen air defence, including PAC-3 Patriot systems. On 2 September, while meeting with Rutte, the Commission President explained that the request was still under consideration by the Member States, but assured that the situation was “moving in the right direction.” Today’s decision forms part of the wider €90 billion support package for Ukraine for 2026–2027, agreed by the EU to fund both the country’s economic and military needs. Around 60 billion is earmarked for the defence sector, while a further 30 billion is intended to support Ukraine’s budget and macroeconomic stability. 

The new funding also comes at a time of growing concern across Europe over the escalation of Russian attacks. On 2 September, von der Leyen had described the attack on Leipzig Airport—which the German authorities attributed to Russia—a sign of “escalation” within the EU and had emphasised the need to continue strengthening European support for Kyiv.

 Secretary Rutte returned to this point today (8 September) as he opened the virtual meeting of the Ukraine Defence Contact Group. “With a view to building a stronger Europe and a stronger NATO, we must continue to support Ukraine’s security and help it defend itself against Russia’s brutal attacks. This means supporting Ukraine as a matter of the utmost urgency,” he said. He urged “all countries to step up their support: the Allies pledged €70 billion at the Ankara summit, and to reach this target, greater bilateral support will be needed. Nations must do more. We have no choice.”