Changes from plenary report to adopted text

RemovedThe costs related to those activities shall not be eligible for support from the Programme.

Removed7. Paragraphs 2 to 6 shall not apply to:

Removed(a) contracting authorities of Member States and associated countries;

Removed(b) International Organisations;

Removed(c) Structures for European Armament Programme;

Removed(d) the European Defence Agency.

Removed1. Actions eligible for funding under the Programme shall implement the objectives set out in Article 4 and may take one of the following forms, or a combination thereof:

Removed(a) common procurement actions as referred to in Article 12, including for the establishment and maintenance of Defence Industrial Readiness Pools as referred to in Article 21g;

Removed(b) industrial reinforcement actions as referred to in Article 13;

Removed(c) supporting actions as referred to in Article 13a;

Removed(d) deployment of European Defence Projects of Common Interest as referred to in Article 21da.

Removed2. The following actions shall not be eligible for funding under the Programme:

Removed(a) actions related to goods and services which are prohibited by applicable international law;

Removed(b) actions related to lethal autonomous weapons without the possibility of meaningful human control over selection and engagement decisions when carrying out strikes against humans;

Removed(c) actions related to goods or services which are subject to control or restriction by non-associated third countries or by non-associated third-country entities, directly, or indirectly through one or more intermediate legal entities, including in terms of technology transfer;

Removed(d) actions related to defence products for which the design authority, as defined in Article 2, is not an eligible entity as set forth in Article 10;

Removed(e) actions or parts thereof that are already fully financed from other public or private sources;

Removed(f) actions wich include sourcing from non-associated third countries that contravene the security and defence interests of the Union or its Member States including respect for the principle of good neighbourly relations.

Removed2a. The cost of components originating in the Union or associated countries shall not be lower than 70 % of the estimated value of the end product.

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Removed-1. Common procurement actions shall consist of activities related to cooperation of legal entities in the procurement of defence products, at any point in the lifecycle of defence products, including for the purpose of establishing and maintaining a defence industrial readiness pool as referred to in Article 21g.

Removed1. Only the following legal entities shall be eligible for common procurement actions:

Removed(a) public contracting authorities of Member States or associated countries;

Removed(b) International Organisations;

Removed(c) the Structures for European Armament Programme;

Removed(d) the European Defence Agency.

Removed2. Member States and associated countries participating in a common procurement shall appoint, by unanimity, an eligible legal entity as procurement agent to act on their behalf for the purposes of that common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting contracts with contractors on behalf of the participating countries. The procurement agent may participate in the action as a beneficiary and may act as the coordinator of the consortium and may therefore be able to manage and combine funds from the Programme and funds from the participating Member States and associated countries.

Removed3. This Regulation is without prejudice to the rules on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities/entities in the fields of defence and security laid down in Directive 2009/81/EC.

Removed3a. Common procurement actions shall be carried out by legal entities cooperating within a consortium of at least four eligible legal entities which are established in at least four different Member States or associated countries. At least four of those eligible legal entities established in at least three different Member States or associated countries shall not, during the entire period in which the action is carried out, be controlled, directly or indirectly, by the same legal entity and shall not control each other.

Removed4. The procurement procedures referred to in paragraph 2 shall be based on an agreement to be signed by the participating Member States and associated countries with the procurement agent under the conditions set out in the work programme. The agreement shall, in particular, determine the practical arrangements governing the common procurement and the decision-making process on the choice of the procedure, the assessment of the tenders and the award of the contract.

Removed5. The procurement agent shall apply the conditions ▌ set out in Article 10▌, to its procurement procedures and in contracts with contractors, and require in the call for tender that the conditions are applied to subcontractors of the successful tenderer in the common procurement.

Removed6. Procurement agents shall provide the Commission with guarantees and mitigation measures referred to in Article 10(5). Further information on the guarantees and mitigation measures shall be made available to the Commission upon request. The Commission shall inform the committee referred to in Article 58 of any notification provided in accordance with this paragraph.

Removed7. The common procurement contract shall include provisions governing the purchase of additional quantities of defence products for other Member States, associated countries, Moldova or Ukraine.

RemovedSuch rules shall be without prejudice to applicable Union law and be in line with Member States’ national laws and regulations relating to the export of defence-related products.

Removed-1. Activities related to speeding up the adjustment to structural changes or technological developments of the production capacity of defence products, including their components and corresponding raw materials insofar as those components and corresponding raw materials are intended or used wholly for the production of defence products (industry reinforcement actions) may cover:

Removed(a) the optimisation, expansion, modernisation, automation, upgrading or repurposing of existing, or the establishment of new, production capacities insofar as those components and raw materials are intended or used wholly for the production of defence products, in particular with a view to increasing production capacity or reducing lead production times, including on the basis of the procurement or acquisition of the requisite machine tools and any other necessary input;

Removed(b) the establishment of cross-border industrial partnerships, including through public private partnerships or other forms of industrial cooperation, in a joint industrial effort, including activities that aim to coordinate the sourcing or reservation and stockpiling of defence products, components and corresponding raw materials insofar as those components and raw materials are intended or used wholly for the production of defence products, as well as to coordinate production capacities and production plans;

Removed(c) the building-up and making available of reserved surge manufacturing capacities (ever warm facilities) of defence products, their components and corresponding raw materials, insofar as those components and raw materials are intended or used wholly for the production of defence products, in accordance with ordered or planned production volumes;

Removed(d) fostering industrialisation and commercialisation of defence products that have been developed in the framework of actions funded by the Union or other cooperative activities conducted with support by at least two Member States including through the establishment of cross-border industrial partnerships, public private partnerships or other forms of industrial cooperation, ramping-up of initial production as well as licensing production, where appropriate;