Changes from plenary report to adopted text

Removed4. A European Defence Project of Common Interest shall involve at least six Member States or at least four Member States that face high exposure to the risk of materialisation of conventional military threats. All Member States and associated countries shall be given a genuine opportunity to participate in a project. The Commission shall be able, where relevant, to participate in the project.

Removed4a. By way of derogation from paragraph 3, a European Defence Project of Common Interest may address the development or acquisition of capabilities for the European Union and its institutions and agencies. In such a case, the Project shall be deemed to involve all Member States.

Removed5. A European Defence Project of Common Interest may be established in the framework of Structures for European Armament Programmes referred to in Chapter 3.

Removed6. Member States may, without prejudice to Articles 107 and 108 TFEU, apply support schemes and provide for administrative support to European Defence Projects of Common Interest.

Removed8. The deployment of European Defence Projects of Common Interest may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of related production facilities may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilled.

Removed1. To ensure the availability of EU defence products in time and in volume thereby fostering the competitiveness of the EDTIB as well as, where relevant, of the Ukrainian DTIB, the Commission shall establish a Military Sales Mechanism (MSM), which shall consist of the following set of measures (EU MSM):

Removed(a) the establishment of a single, centralised, up to date catalogue of defence products and services developed by the EDTIB in order to bolster an EU-wide aggregated demand;

Removed(b) the creation of a defence industrial readiness pool, to increase availability and speed up delivery time of EU-made defence products, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries and Ukraine;

Removed(c) the facilitation and speeding up of procurement procedures in a spirit of solidarity including by the creation of a framework for procurement associated with the catalogue referred to in point (a);

Removed(d) the support to administrative capacity building related to public procurement of defence products, with the aim of facilitating joint procurement.

RemovedEuropean Military Sales Catalogue

Removed1. The Commission, upon consultation of European Defence Agency, shall establish and keep up-to-date a single, centralised catalogue of defence products developed by the EDTIB and the Ukrainian DTIB (‘catalogue’). The Commission shall consult the European Defence Agency and take into account its views in drawing up the technical specifications for and, where appropriate, procure the corporate IT platform required to establish the catalogue. Member States, Ukraine and economic operator shall be invited to populate such a catalogue on a voluntary basis.

Removed2. The products present in this catalogue shall respect the eligibility criteria laid down under this Regulation.

RemovedDefence Industrial Readiness Pools

Removed1. To ensure the availability of EU defence products, components of defence products, as well as raw materials necessary for their production, in time and in volume, the European Defence Agency shall establish, manage and maintain defence industrial readiness pools, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries and Ukraine;

Removed2. The ownership of defence products, components of defence products and raw materials building-up the Defence industrial readiness pools shall lay with Member States contributing through in-kind contributions;

Removed3. Where Member States jointly procure additional quantities or contribute through in-kind contributions to build up a defence industrial readiness pool as referred to in paragraph 2, point (b), in the context of a Structure for European Armament Programme, the Commission shall financially support the initiative through:

Removed(a) support to common procurement of additional quantities as referred to in Article 12(-1);

Removed(b) contribution to the direct and indirect costs of managing and maintaining the Defence Industrial Readiness Pool as referred to in Article 13a(5), point (f);

Removed(c) contribution to administrative capacity building as referred to in Article 13a(5).

Removed4. For the purpose of Member States, associated countries or Ukraine buying from the defence industrial readiness pool managed by a Structure for European Armament Programme, the procurement shall be considered as a government-to-government contract as referred to in Article 13, point (f) of Directive 2009/81/EC.

RemovedStructure for European Armament Programme

Removed1. A Structure for European Armament Programme (SEAP) shall foster the competitiveness of the EDTIB and of the Ukrainian DTIB by aggregating the demand for defence products throughout their lifecycle.

Removed2. To reach the objective referred to in paragraph 1, the principal tasks of a SEAP shall be:

Removed(a) the common procurement of defence products, technologies or services, including defence R&D, testing and certification, non-recurrent investments related to initial production or in-service support;

Removed(b) the joint life-cycle management of defence products, including the procurement of spare parts, logistic services, repair and maintenance activities, and, where appropriate, establishment of public private partnerships to ensure efficiency and high availability of defence products;

Removed(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine (Defence Industrial Readiness Pool).

Removed3. A SEAP may entrust, by way of a delegation agreements, one or several of the eligible entities referred to in Article 12(1) with carrying out one or several of the tasks referred to in paragraph 2 of this Article. The SEAP shall be responsible for ensuring that its obligations under Union law, and in particular under this Regulation, are met.

Removed1. A SEAP shall meet the following requirements:

Removed(a) a SEAP shall support the collaborative development and/or procurement of defence products and services in line with the capability priorities commonly agreed by Member States within the framework of the CFSP, including in the context of the Capability Development Plan, the White Paper for European Defence, and the Defence Investment Gaps Analysis and Way Forward;

Removed(b) a SEAP shall be established by at least three countries, including Member States, associated countries or Ukraine.

Removed(c) a SEAP shall have as members at least two Member States;

Removed(d) a SEAP shall continue the lifecycle of the defence product or technology, until its decommissioning.

Removed2. A SEAP shall use standardised procedures for initiating and managing cooperative defence programmes and shall respect any guidance or templates provided to it by the Commission, including guidelines on project management, funding, and reporting.

Removed1. The Member States applying for the setting-up of a SEAP (as the 'applicants’) shall submit an application to the Commission. The application shall contain the following:

Removed(a) a request to the Commission to set up the SEAP;

Removed(b) the proposed Statutes of the SEAP referred to in Article 27, signed and adopted in due form by all legal entities that are applicants to the proposed SEAP;

Removed(c) a description of the defence equipment, technology or service to be jointly procured and managed by the SEAP, addressing in particular the requirements set out in Article 23(1), point (a) and (d);

Removed(d) a declaration by the host Member State recognising the SEAP as an international body within the meaning of Articles 143(1)(g) and 151(1)(b) of Directive 2006/112/EC and as international organisation within the meaning of Article 11(1) of Directive (EU) 2020/262, as of its setting up. The limits and conditions of the exemptions provided for in these provisions shall be laid down in an agreement between the members of the SEAP.

Removed2. The Commission, together with the European Defence Agency, shall assess the application in line with the requirements laid down in this Regulation. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application.

Removed3. The Commission shall, taking into account the results of the assessment referred to in paragraph 2 and in accordance with the procedure referred to in Article 58(3), adopt an implementing act:

Removed(a) setting up the SEAP after it has satisfied itself that the requirements laid down in this Regulation are met; or

Removed(b) request to modify the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in paragraph (1), point (d), and provide a detailed explanation on the required modifications in order to allow the SEAP to be accepted.

Removed4. The decision on the application shall be notified to the applicants. In the case of a rejection, the decision shall be explained in clear and precise terms to the applicants.

Removed5. The decision setting up the SEAP shall be published in the L series of the Official Journal of the European Union.

Removed1. A SEAP shall have legal personality as from the date on which the decision setting up the SEAP takes effect.

Removed2. A SEAP shall have in each Member State the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular conclude contracts and be a party to legal proceedings. All Member State national funding agencies shall consider it (and its national nodes) an eligible recipient of national financial contributions.

Removed3. A SEAP shall have a statutory seat, which shall be located on the territory of a Member State.

Removed1. The following legal entities may become members of a SEAP:

Removed(a) Member States;

Removed(b) associated countries;

Removed(c) Ukraine,

Removed(d) the Commission, as an observer, upon invitation from the members of the SEAP.

Removed2. Member States, associated countries or Ukraine may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.

Removed3. A SEAP may also cooperate with non-associated third countries or non-associated third country entities, including by using the assets, infrastructure, facilities and resources, provided that this does not contravene the security and defence interests of the Union and its Member States.

Removed1. The Statutes of a SEAP shall contain at least the following:

Removed(a) a list of members, observers and, where applicable, of legal entities representing members and the conditions of and the procedure for changes in membership and representation in compliance with Article 26;

Removed(b) the specific objective, the tasks and activities of the SEAP, in compliance with Article 23;

Removed(c) a list of the jointly procured defence equipment, technology and/or services which are to be jointly owned, if any, and eligible for an exemption from VAT and/or Excise Duties;

Removed(d) the statutory seat of the SEAP in compliance with Article 25;