1Council Decision (EU) 2026/444 of 11 February 2026 on the signing and provisional application of the Agreement between the European Union and Canada laying down the conditions for the participation of Canadian legal entities and products originating in Canada to procurement under the SAFE Instrument

Council Decision (EU) 2026/444 of 11 February 2026 on the signing and provisional application of the Agreement between the European Union and Canada laying down the conditions for the participation of Canadian legal entities and products originating in Canada to procurement under the SAFE Instrument THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(5) thereof, Having regard to the proposal from the European Commission, Whereas: (1) On 23 June 2025, the Union concluded a Security and Defence Partnership with Canada. Canada has made a formal requested to the Union to enter into negotiations for the conclusion of a bilateral agreement, pursuant to Article 17 of Council Regulation (EU) 2025/1106 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 (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj). , establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument. (2) On 18 September 2025, the Council authorised the Commission to open negotiations with the United Kingdom of Great Britain and Northern Ireland and with Canada for the conclusion of two distinct agreements allowing for the participation of legal entities established in those countries and products originating in their territories to procurement under the SAFE Instrument established by Regulation (EU) 2025/1106 (the SAFE Instrument). (3) The negotiations between the Union and Canada were successfully concluded by the initialling of the Agreement. The Commission has negotiated a bilateral Agreement between the European Union and Canada laying down the conditions for the participation of Canadian legal entities and products originating in Canada to procurement under the SAFE Instrument. (4) The conclusion of this Agreement enables increased defence industrial cooperation and reflects the shared desire to deepen the relationship between the European Union and Canada in the security and defence realm and to foster a closer, balanced and mutually beneficial partnership between the European Union and Canada to support practical defence cooperation. (5) Therefore, the Agreement should be signed. (6) The Agreement should be applied on a provisional basis, pending its entry into force, HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and Canada laying down the conditions for the participation of Canadian legal entities and products originating in Canada to procurement under the SAFE Instrument (the Agreement) is hereby authorised, subject to the conclusion of that Agreement The text of the Agreement is published in OJ L, 2026/445, 3.3.2026, ELI: http://data.europa.eu/eli/agree_internation/2026/445/oj. .

Article 2

1. The Agreement shall be applied on a provisional basis, in accordance with Article 15 of the Agreement, and subject to the notifications provided for therein as from the later of the dates on which each Party has notified the other of the completion of its internal procedures necessary for that purpose.