Changes from plenary report to adopted text

Removed(d) the obligations referred to in Article 64(2), including precise rules and timeframe on collection of data by Ukraine and access for the Commission and OLAF;

Removed(e) the preservation of security interests, including a level of protection of classified information and confidentiality equivalent to that set out in Articles 59 and 60;

Removed(f) provisions on protection of personal data.

Removed4. Funding shall only be granted to Ukraine after the framework agreement has entered into force and that the actions needed to implement the requirements it establishes have been implemented by the parties.

Removed4a. The framework agreement shall be concluded without undue delay, and no later than...[ 6 months after the entry into force of this Regulation].

Removed1. The originatorship of classified foreground information generated in implementing eligible actions listed under Article 11, shall be under the responsibility of the participating Member States who will establish the applicable security framework under relevant national laws.

Removed2. Such a security framework shall be without prejudice to the possibility for the Commission to have access to the necessary information for carrying out the action.

Removed3. The Commission shall protect classified information received in accordance with the security rules set out in Decision (EU, Euratom) 2015/444 and Decision 2013/488/EU.

Removed4. The applicable security framework for the action has to be put in place at the latest before the signature of the grant agreement or the contract. The relevant documents shall form integral part of the Grant Agreement.

Removed5. The Commission shall make available approved and accredited existing systems to facilitate the exchange of classified information between the Commission, the High-Representative / Head of Agency, the European Parliament, the Member States and associated countries and, where appropriate, with the applicants and the recipients.

Removed1. Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested.

Removed2. Member States, the Commission and the High-Representative / Head of Agency shall ensure the protection of trade and business secrets and other sensitive and classified information acquired and generated in application of this Regulation in accordance with Union law and the respective national law.

Removed3. Member States, the Commission and the High-Representative / Head of Agency shall ensure that classified information provided or exchanged under this Regulation is not downgraded or declassified without the prior written consent of the originator.

Removed4. The Commission shall not share any information in a way that can lead to the identification of an entity when the sharing of the information results in potential commercial or reputational damage to that entity or in divulging any trade secrets.

Removed5. The Commission shall handle information containing any data of an entity or any trade secrets in a way not less stringent than the handling of Sensitive non Classified Information, including the application of the “need to know principle” and the handling and sharing in appropriate encrypted environments.

Removed1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council, or the obligations of the Commission and, where appropriate, other Union institutions, bodies, offices and agencies, relating to their processing of personal data under Regulation (EU) 2018/1725 of the European Parliament and of the Council, when fulfilling their responsibilities.

Removed2. Personal data shall not be processed or communicated except in cases where this is strictly necessary for the purposes of this Regulation. In such cases Regulations (EU) 2016/679 and (EU) 2018/1725 shall apply as appropriate.

Removed3. Where the processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.

RemovedAudits on the use of the Union contribution carried out by persons or entities, including by persons or entities other than those mandated by the Union institutions, bodies, offices or agencies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation. The Court of Auditors shall examine the accounts of all revenue and expenditure of the Union in accordance with Article 287 TFEU.

Removed1. Where an associated country participates in the Programme by means of a decision adopted pursuant to the Agreement on the European Economic Area or on the basis of any other legal instrument, the associated country shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.

Removed2. The agreement referred to in Articles 59 shall provide for the obligations of Ukraine:

Removed(a) to take appropriate measures to prevent, detect and correct fraud, corruption, conflicts of interests and irregularities affecting the financial interests of the Union, to avoid double funding and to take legal actions to recover funds that have been misappropriated;

Removed(b) to regularly check that the financing provided has been used in accordance with the applicable rules, in particular regarding the prevention, detection and correction of fraud, corruption, conflicts of interests and irregularities;

Removed(c) to accompany a request for payment under the Programme by a declaration that the funds were used in accordance with the principle of sound financial management and for their intended purpose and managed appropriately in particular in accordance with Ukrainian rules complemented by international standards, on prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests;

Removed(d) to expressly authorise the Commission, OLAF, the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129(1) of the Financial Regulation, in application of the principle of proportionality.

Removed1. The recipients of Union funding shall acknowledge the origin of the funds and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

Removed2. The Commission shall implement information and communication actions relating to the Programme and the Ukraine Support Instrument, to actions taken pursuant to both and to the results obtained.

Removed3. Financial resources allocated to the Programme shall contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 4.

Removed4. Financial resources allocated to the Programme may contribute to the organisation of dissemination activities, match-making events and awareness-raising activities, in particular aiming at opening up supply chains to foster the cross-border participation of SMEs. In particular, the FAST programme shall benefit from a dissemination campaign to foster uptake by SMEs and small mid-caps.

Removed4a. Member States, with the assistance of the Commission, shall provide economic entities of the EDTIB, in particular SMEs and small mid-caps, with the necessary information to facilitate their participation under this Regulation.

Removed1. By 30 June 2027, the Commission shall draw up a report reviewing the implementation of the measures set out in this Regulation and their results with regards to the objectives outlined in Article 4, as well as the opportunity to extend their applicability and provide for an increased funding in the next multi-annual financial framework, particularly with regard to the evolution of the security context and any persistent risks in relation to the supply of defence products. The evaluation report shall build on consultations of the Member States and key stakeholders. Furthermore, the report shall evaluate the progress made towards the objectives outlined in the European Defence Industrial Strategy and its further development, in particular with regard to:

Removed(a) at least 40 % of defence equipment procured in the Union are procured in a collaborative manner by 2030;

Removed(b) the value of intra-EU defence trade represents at least 35 % of the value of the EU defence market by 2030;

Removed(c) Member States procure at least 50 % and 60 % of their defence investments within the Union by 2030 and 2035 respectively;

Removed2. The Commission shall present the report to the European Parliament and the Council, accompanied, where appropriate, by relevant legislative proposals.

Removed3. Based on this evaluation, the Commission shall present, where appropriate, a new legislative proposal in order to adapt the Regulation to the objectives set out in Article 4.

RemovedThis Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

RemovedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

RemovedDone at Brussels,

RemovedFor the European Parliament For the Council

RemovedThe President The President