Brussels set out to turn frozen Russian state assets into a €140 billion lifeline for Ukraine. Instead, the plan ran into the hardest constraint in politics: who eats the risk. Belgium’s Prime Minister Bart De Wever refused to bless a structure that could leave his country carrying the downside if Moscow retaliates. EU leaders pushed the decision to December; Ukraine’s financing hole remains.
What actually happened
EU leaders endorsed the goal of meeting Ukraine’s 2026–27 needs but stopped short of approving a “reparations loan” backed by the frozen principal. The sticking point is Euroclear. The Brussels-based clearinghouse holds the overwhelming share of immobilised Russian central bank assets. Because the legal, financial, and retaliatory blowback would land in Belgium first, De Wever demanded explicit, binding risk-sharing guarantees across member states before any principal is touched. Without that, the summit conclusions softened to procedural language and a December revisit.
Why this blew up now
- Belgium’s unique exposure. Hosting Euroclear concentrates operational and legal risk in one small member state. If Russia sues, seizes European assets on its territory, or targets Belgian companies, the bill arrives in Brussels first.
- Ukraine’s budget math is brutal. Even after the earlier G7 interest-backed loan, Kyiv faces a large gap for 2026–27. The EU’s “big-bang” plan was meant to plug it quickly with scale and certainty.
- Real retaliation risk. Moscow has signaled countersanctions, litigation, and corporate seizures if principal is confiscated or effectively collateralised. European central bankers and lawyers have warned about sovereign immunity and the reversibility of sanctions.
The unexpected angle: an accident of geography as veto power
Euroclear is in Belgium for historical, not strategic, reasons. That accident concentrates risk and effectively hands one capital a veto over a flagship European policy. No clever bond-swap or SPV can wish away where litigation would be filed, where operations sit, and whose taxpayers take the first hit.
What changes Monday morning
- Lawyering and structuring sprint. Expect the Commission to return in December with a package built around (a) a formal legal opinion addressing sovereign immunity and countermeasures, and (b) a quantified first-loss / burden-sharing guarantee that caps Belgium’s downside.
- Interest-only status quo holds. The existing model—using earnings from immobilised assets—continues; the principal stays ring-fenced for now.
- Heightened Euroclear sensitivity. Any hint of litigation or countersanctions will be watched closely by sovereign clients that clear through Europe.
The BigStory reframe: solidarity meets a balance sheet
The easy take is “EU dithers.” The deeper story is a public-choice trap: diffuse benefits (Ukraine survives; European security holds) versus concentrated costs (Belgium could face lawsuits, seizures, and market fallout). When incentives clash, vetoes beat values. Until the EU creates automatic, rule-based risk-sharing for financial statecraft, every crisis with concentrated costs will end like this—eloquent communiqués, limited action.
The cast (and their incentives)
- Bart De Wever (Belgium): Liability realist, not a Russia dove. His condition is simple: a signed, bankable guarantee that spreads risk EU-wide.
- Ursula von der Leyen (European Commission): Architect of the big loan concept. Now must narrow to legally robust, politically insurable options that member states can actually sign.
- Volodymyr Zelenskyy (Ukraine): Pushed for immediate action; left with promises and a December date. Time, ammunition, and money remain finite.
Scenarios to watch into December
- Full deal (risk sharing secured): An EU-level guarantee waterfall (EU budget/ESM + big members) offers first-loss protection for Belgium; the €140B facility proceeds; any Russian claims grind through courts for years.
- Partial deal (downsized facility): A smaller package backed by a coalition of willing member states and allied jurisdictions; Ukraine gets cash but still faces a gap.
- Stall/collapse: No guarantees, no facility. Europe reverts to interest-only flows; Kyiv’s 2026–27 budget faces a severe shortfall.
What to watch next (signals, not vibes)
- The guarantee design. Look for a quantified first-loss layer and a transparent burden-sharing formula that caps Belgium’s tail risk.
- Early legal salvos. Retained counsel, venue choices, and preliminary filings against Euroclear would be the first canaries.
- Member-state blocs. A joint commitment from Germany, France, Italy, the Netherlands, and Spain would flip the politics; hesitation from any of them likely sinks the plan.