Changes from plenary report to adopted text

Removed(e) the name of the SEAP;

Removed(f) the duration, and the procedure for the winding-up of the SEAP in compliance with Article 32;

Removed(g) the liability regime, in compliance with Article 30;

Removed(h) the rights and obligations of the members, including the obligation to make contributions to a balanced budget and voting rights;

Removed(i) the bodies of the members, their roles and responsibilities and the manner in which they are constituted and in which they decide, including upon the amendment of the Statutes, in compliance with Articles 28,

Removed(j) the identification of the working language(s) of the SEAP;

Removed(k) references to rules implementing the Statutes;

Removed(l) the security policy for handling classified information.

Removed2. In addition, where the members of a SEAP decide to use/manage a Defence Industrial Readiness Pool referred to in Article 14(1), point (b), the statutes shall include the rules governing the management of a Defence Industrial Readiness Pool referred to in Article 21g, including, where relevant, a common approach to export.

Removed1. Any amendment of the Statutes concerning the matters referred to in Article 27(1), points (a) to (h), shall be submitted to the Commission by the SEAP for approval. The Commission shall apply Articles 24(2), mutatis mutandis.

Removed2. Any amendment of the Statutes other than that referred to in paragraph 1 shall be submitted to the Commission and the European Defence Agency by the SEAP within 10 days after its adoption.

Removed3. The Commission in liaison with the European Defence Agency may raise an objection to amendments referred to in paragraph 1 within 60 days from the submission giving reasons why the amendment does not meet the requirements of this Regulation.

Removed4. The amendment shall not take effect before the period for objecting has expired or has been waived by the Commission or before an objection raised has been lifted.

Removed5. The application for the amendment shall contain the following:

Removed(a) the text of the amendment proposed or, where appropriate, the text of the amendment as adopted, including the date on which it enters into force;

Removed(b) the amended consolidated version of the Statutes.

Removed1. A SEAP may appoint a Procurement Agent which will act in its name.

Removed2. When procuring for a SEAP, the Procurement Agent shall be bound by the same rules as the SEAP concerned.

Removed3. Where it procures a defence product on its own behalf and in its own name, a SEAP shall be considered as an international organisation within the meaning of Article 12, point (c) of Directive 2009/81/EC. Where it procures a defence product on behalf of its members, a SEAP shall, by derogation to Article 10 of Directive 2009/81/EC, define its own rules in lines with the principles of transparency, non-discrimination and competition.

Removed4. Procurements of a SEAP shall comply with the requirements set out in Article 12 paragraphs 3 to 6, as well as with the objectives referred to in Article 22(1).

Removed1. A SEAP shall be liable for its debts.

Removed2. The financial liability of the members for the debts of the SEAP shall be limited to their respective contributions provided to the SEAP. The members may specify in the Statutes that they will assume a fixed liability above their respective contributions or unlimited liability.

Removed3. If the financial liability of the members is limited, the SEAP shall take appropriate insurance to cover the risks specific to the establishment and management of the capability.

Removed4. The Union shall not be liable, including for any debt of the SEAP.

Removed1. The setting-up and internal functioning of a SEAP shall be governed:

Removed(a) by Union law, in particular this Regulation, and the implementing acts referred to in Article 24(3)(a);

Removed(b) by the law of the State where the SEAP has its statutory seat in the case of matters not, or only partly, regulated by acts referred to in point (a);

Removed(c) by the Statutes and their implementing rules.

Removed2. The Court of Justice of the European Union shall have jurisdiction over litigation among the members in relation to the SEAP, between the members and the SEAP and over any litigation to which the Union is a party.

Removed3. Union legislation on jurisdiction shall apply to disputes between a SEAP and third parties. In cases not covered by Union legislation, the law of the State where the SEAP has its statutory seat shall determine the competent jurisdiction for the resolution of such disputes.

Removed1. The Statutes shall determine the procedure to be applied in the case of winding-up of the SEAP following a decision of the assembly of members or in case the Commission repeals the implementing act establishing the SEAP, as referred to in Article 33(6). Winding-up may include the transfer of activities to another legal entity.

Removed2. Without undue delay after the adoption of a decision by the assembly of members to wind up the SEAP, and in any event within 10 days after such adoption, the SEAP shall notify the Commission thereof. The Commission shall publish an appropriate notice of the decision to wind-up in the C series of the Official Journal of the European Union.

Removed3. Without undue delay after the closure of the winding-up procedure, and in any event within 10 days after such closure, the SEAP shall notify the Commission thereof. The Commission shall publish an appropriate notice of the closure in the C series of the Official Journal of the European Union. The SEAP shall cease to exist on the day of publication of the notice.

Removed4. At any time, in the event that the SEAP is unable to pay its debts, it shall immediately notify the Commission thereof. The Commission shall publish an appropriate notice hereof in the C series of the Official Journal of the European Union.

Removed1. A SEAP shall produce an annual activity report, containing a technical description and a financial report of its activities referred to in Article 22. It shall be transmitted to the Commission within six months from the end of the financial year.

Removed1a. The Commission shall provide the European Parliament with an annual report about the activities of all active SEAPs.

Removed2. The Commission may provide recommendations to the SEAP regarding the matters covered in the annual activity report.

Removed3. A SEAP and the Member States concerned shall inform the Commission of any circumstances which threaten to seriously jeopardise the achievement of the task of the SEAP or to hinder the SEAP from fulfilling the requirements laid down in this Regulation.

Removed4. Where the Commission obtains indications that a SEAP is acting in serious breach of this Regulation, the implementing act establishing it, its statutes or other applicable law, it shall request explanations from the SEAP and/or its members.

Removed5. Where the Commission concludes, after having given the SEAP and/or its members a reasonable time to provide their observations, that the SEAP is acting in serious breach of this Regulation, the implementing act establishing it, its statutes or other applicable law, it may propose remedial action to the SEAP and its members. The Commission shall inform the Parliament and the Council about its findings and proposals for remedial action in due course.

Removed6. Where no remedial action is taken, the Commission may repeal the implementing act establishing the SEAP. The repealing act shall be published in the L series of the Official Journal of the European Union. The publication of the act shall trigger the winding-up of the SEAP.

RemovedSecurity of supply

RemovedPreparedness

Removed1. Where at least two Member States enter into an agreement to commonly procure defence products and where the extreme urgency of the situation justifies it, the rules provided for in paragraphs 2 to 6 may be applied to framework agreements that do not include rules governing the possibility to substantially amend it so that its provisions may apply to contracting authorities/entities which are not originally party to the framework agreement.

Removed2. By way of derogation from Article 29(2), second subparagraph, of Directive 2009/81/EC, a contracting authority/entity may modify an existing framework agreement with an undertaking complying with the provisions laid out in Article 10, paragraphs 1 and 2, which has been concluded following one of the procedures provided for by Article 25 of that Directive so that its provisions may apply to contracting authorities/entities which are not originally party to the framework agreement.

Removed3. By way of derogation from Article 29(2), third subparagraph, of Directive 2009/81/EC, a contracting authority/entity may make substantial amendments to the quantities laid down in an existing framework agreement with an undertaking complying with the provisions laid out in Article 10, paragraphs 1 and 2, insofar as that is strictly necessary for the application of paragraph 2 of this Article. Where quantities laid down in an existing framework agreement are substantially modified pursuant to this paragraph, any economic operator that meets the contracting authority’s/entity’s conditions initially laid down in the public procurement procedure for the framework agreement, including requirements for qualitative selection as referred to in Articles 39 to 46 of Directive 2009/81/EC, and which complies with the provisions laid out in Article 10, paragraphs 1 and 2, shall be given the opportunity to join that framework agreement. The contracting authority/entity shall open that possibility by means of an ad hoc notice published in the Official Journal of the European Union.

Removed4. The principle of non-discrimination shall apply to contracts and framework agreements referred to in paragraphs 2 and 3 with regard to the additional quantities, and particularly to the relationships between contracting authorities/entities of Member States referred to in paragraph 1.

Removed5. Contracting authorities which modified a contract in the cases referred to in paragraphs 2 and 3 of this Article shall publish a notice to that effect in the Official Journal of the European Union. Such notice shall be published in accordance with Article 32 of Directive 2009/81/EC.

Removed6. Contracting authorities/entities may not use the possibility provided for in paragraph 2 and 3 improperly or in such a way as to prevent, restrict or distort competition.

Removed1. By derogation from Article 168 of the Financial Regulation, Member States, associated countries and, where relevant, Ukraine may request the Commission to negotiate and conclude advance purchasing agreements of defence products in the name and on behalf of participating countries. Those agreements may include a prepayment mechanism for the production of such products in exchange for the right to the result, which shall not exceed the parts of the contract on non-recurrent costs and/or the reservation of manufacturing capacities.;

Removed2. The procurement procedure referred to in paragraph 1, shall comply with the following conditions:

Removed(a) participation in launching the procurement procedure shall be open to all Member States, associated countries and Ukraine, by derogation from Article 168(2) and (3) of the Financial Regulation;

Removed(b) the Commission invites at least 4 experts with relevant experience for the negotiations from participating countries with production capacities for the concerned defence product to form a joint negotiation team;

Removed2a. Where the agreements referred to in paragraph 1 of this Article include a prepayment mechanism, the up-front payment to the contractor shall be covered by the financial envelope referred to Article 5(1). Contributions of participating countries as referred to in Article 6 shall be taken into account in equal terms per item ordered by the participating countries.

Removed2b. In cases where the negotiated amounts exceed demand, the Commission, at the request of the Member States concerned, shall elaborate a mechanism for reallocation to national stockpiles or building up of the defence industrial readiness pool as referred to in Article 21g.

Removed4. In order to enter into advance purchase agreements with economic operators, representatives of the Commission, or experts nominated by the Commission, may carry out on-site visits in cooperation with relevant national authorities at the locations of production facilities of relevant defence products.

Removed6. The Commission shall ensure that participating countries are treated equally when carrying out the procurement procedures and when implementing the resulting agreements.

Removed7. The use of procurement pursuant to paragraph 1 shall be without prejudice to other instruments provided for in the Financial Regulation.

Removed8. In addition to the conditions set out in the Financial Regulation, eligibility criteria equivalent to those laid down in Article 10 of this Regulation shall apply, mutatis mutandis, to tenderers, contractors and subcontractors in contracts resulting from the procurement conducted pursuant to this Article.

Removed1. By way of derogation from Article 168 of the Financial Regulation, together with at least one Member State, Ukraine may request the Commission to act as a central purchasing body to procure on its behalf or in its name defence products, as referred to in Article 168(3) of the Financial Regulation.