Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP10_TA(2026)0293

Changedon the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defenceDefence readiness and facilitating defence investments and conditions for the defence industry (Omnibus V)

Removed(COM(2025)0822 – C100121/2025 – 2025/0176(COD))

AddedCommittee on Security and Defence, Committee on the Environment, Climate and Food Safety, Committee on Industry, Research and Energy

AddedPE781.261

AddedEuropean Parliament legislative resolution of 16 September 2026 on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defence readiness and facilitating defence investments and conditions for defence industry (COM(2025)0822 – C10-0121/2025 – 2025/0176(COD))

▸6 unchanged paragraphs

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2025)0822),

– having regard to Article 294(2) and Article 114, Article 173(3), Article 182(4), Article 183, Article 188, second paragraph, and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100121/2025),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 18 September 2025,

Change 1

Added– after consulting the Committee of the Regions,

Added– having regard to the provisional agreement approved by the responsible committees under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 23 June 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

▸6 unchanged paragraphs

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the joint deliberations of the Committee on Security and Defence, the Committee on the Environment, Climate and Food Safety and the Committee on Industry, Research and Energy under rule 59 of the Rules of Procedure,

– having regard to the report of the Committee on Security and Defence, the Committee on the Environment, Climate and Food Safety and the Committee on Industry, Research and Energy (A10-0273/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 2

RemovedAMENDMENTS BY THE EUROPEAN PARLIAMENT*

AddedP10_TC1-COD(2025)0176

Removedto the Commission proposal

AddedPosition of the European Parliament adopted at first reading on 16 September 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council amending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defence readiness and facilitating defence investments and conditions for defence industry

Removed---------------------------------------------------------

Removed2025/0176 (COD)

RemovedProposal for a

RemovedREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Removedamending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defence readiness and facilitating defence investments and conditions for defence industry

▸4 unchanged paragraphs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, Article 173(3), Article 182(4), Article 183, Article 188, second paragraph, and Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Change 3

AddedHaving regard to the opinion of the European Economic and Social Committee,

AddedAfter consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

Change 4

Changed(1) In order to facilitate investments byin Memberdefence Statesby inMember defence,States, it is necessary to remove regulatory and administrative burdensburden for defence readiness and to expedite approval and authorisation procedures. ThisThe facilitation of such investments and simplification will support the defence industry’s growth over time and contribute to supportsupporting the defence readiness of Member States. TheIt Commissionis important that the Union and the Member States should continue to address the practical challenges faced by defence industries, particularly small and medium-sized enterprises,enterprises (SMEs), and where necessary consider adjustments, to ensure that simplification objectives translate into enhanced industrial competitiveness and innovation, andwhile toalways strengthenensuring the Union’s strategic autonomy and defence preparedness byright 2030,balance whilebetween maintaining a high level of protection of health and environment.the environment, a competitive internal market and defence readiness.

Change 5

Changed(2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actionsaction to facilitate the ramp-up of the defence industry, often nationaltheir legislationimplementation andalong implementationwith hampernational defencelegislation readiness.hamper Thisdefence isreadiness, for example the case with the possibility forhow Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council where necessary in the interest of defence, including for defence readiness.

Change 6

Changed(3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to take into account the objective of defence readiness. Flexibility, agilityFlexibility and legal clarityagility are required to safeguard national and Union defence-related security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection forof human▌ health and the environment.environment, and legal clarity. There are indications that nationalthe implementationsimplementation of Regulation (EC) No 1907/2006 in some Member States dodoes not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, with the objective of maintaining a well-functioning internal market and thus provideproviding Member States with the possibility to authorise broader exemptions in the interest of defence as necessary, while maintaining the fundamental responsibility to balance defence and defence-related security needs with a high level of ▌protectionprotection of health and the environment and providing for the highest safety and traceability standards possible.environment.

Change 7

Changed(4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council and Regulation (EU) No 528/2012 of the European Parliament and of the CouncilCouncil, to ensure a coherent regulatory environment for defence readiness.

Change 8

Changed(4a)(5) While the defence sector maycan require certain exemptions from REACHRegulations Regulation,(EC) CLPNo Regulation1907/2006, (EC) No 1272/2008 and Biocidal(EU) ProductsNo Regulation528/2012 to maintain operational capability and defence readiness, such exemptions should be grantedallowed only where demonstrably necessary and proportionate to thejustified specificas requirementsnecessary in the interestinterests of defence. Member States should ensure that requests for derogation demonstrate that the exemption is essential for maintaining defence capability.

Change 9

Removed(4b) Member States retain the competence to decide whether to grant exemptions to the extent of its own jurisdiction for the use of substances in defence applications pursuant to Article 2(3) of Regulation (EC) No 1907/2006 and comparable provisions in sector-specific legislation. Such exemptions should not compromise the Union’s commitment to ensuring a high level of protection of health and the environment and must be applied stringently and consistently, in accordance with the precautionary principle laid down in Article 191 TFEU. Moreover, robust safeguards that guarantee effective monitoring and mitigation measures throughout the lifecycle of exempted substances must accompany these exemptions. Member States should also ensure that workers handling exempted substances, including military personnel, civilian defence workers, and contractors, benefit from adequate protective measures equivalent to those afforded in civilian applications, taking into account the specific operational requirements of defence activities. Furthermore, Member States are encouraged to establish environmental monitoring programmes to assess and mitigate any adverse impacts resulting from the use of exempted substances, particularly regarding soil and water contamination, air quality, and ecosystem integrity in the vicinity of defence installations and training areas.

Added(6) Regulation (EU) 2019/1021 of the European Parliament and of the Council implements the Stockholm Convention on Persistent Organic Pollutants (the ‘Convention’) and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the party does not accept that listing. Defence readiness needs should, therefore, be addressed in preparatory stages in the Union before prohibitions or restrictions are established at international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee can consider potential exemptions from possible control measures for that substance.

Removed(4c) Certain defence-related industries operate production lines that serve both non-defence and defence purposes, wherein the manufacturing processes cannot be technically segregated or conducted in separate batches owing to objective technical constraints. Such facilities typically comprise large-scale, continuous processes through which all materials pass via common equipment. It is therefore appropriate to afford Member States the discretion to extend the exemption laid down in Article 2(3) of Regulation (EC) No 1907/2006 to encompass the entire output of such production lines, provided that the technical inseparability of the production line or the infeasibility of batch-wise operation is substantiated through comprehensive technical documentation in accordance with Article 2(3b) of that Regulation. Given the exceptional character of this extension, it should not apply to substances that are classified, or are required to be classified, pursuant to Regulation (EC) No 1272/2008 as carcinogenic category 1A, carcinogenic category 1B, or toxic for reproduction category 1A. Moreover, the provisions of Article 2(3b) should apply without prejudice to the application of Articles 60 and 67, as well as of Annex XVII, concerning products destined to be placed on the market for supply to the general public. As this extension of the exemption is not intended to incentivise the restructuring or adaptation of production lines for the sole purpose of obtaining an exemption under this Regulation, Member States should ensure, in accordance with their national defence frameworks, that the competent national authorities duly consider this principle when evaluating applications for the extension of the exemption.

Added(7) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in Article 13 of Regulation (EU) 2019/1021 on grounds of protection of Union or national defence and defence-related security interests, for the purpose of protecting sensitive information.

Removed(4d) Given the rapid pace of innovation and scientific developments, particularly in the field of new production technologies and alternative substances, it is essential that any extension of an exemption as laid down in Article 2(3b) of Regulation (EC) No 1907/2006 be subject to regular review. Such review should assess whether the original grounds for the exemption remain valid in light of technical progress, the availability of substitutes, and advances in scientific knowledge and production technologies. Where a Member State chooses to grant a time-limited extension of an exemption a review should take place in any case before any renewal. At the same time Member States are encouraged to work on uniform conditions for reviewing the extended exemptions at regular intervals within the framework of the European Defence Agency’s Code of Conduct on REACH defence exemptions in order to support coherent and transparent practices across the Union.

Added(8) The European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council, should contribute to the implementation and achievement of the objective of defence readiness by 2030, as set out by the European Council, thereby reinforcing the Union’s strategic autonomy and resilience in the face of evolving security challenges. That includes strengthening the defence capabilities of Member States to effectively address a broad spectrum of threats, including the threat of hybrid operations and the risk of armed aggression.

Removed(4e) The Commission’s Staff Working Document accompanying the Defence Industrial Strategy (SWD(2024) 515) notes that the European defence industrial base remains fragmented and specialised, and that shifting non-defence capacity into defence is constrained by certification, security and quality requirements, meaning that non-defence production lines cannot simply be converted to defence use overnight. Therefore, defence manufacturing generally operates on dedicated and controlled lines and supply chains, distinct from non-defence production, and even where facilities serve both markets, activities are usually contractually and operationally segregated, though temporary repurposing of non-defence lines for defence production may occur when required by defence needs. In this context, where manufacturing facilities are used for both, non-defence and defence production, the defence exemptions should apply only to operations and output serving exclusively the interests of defence, and not to non-defence manufacturing carried out on the same site, while recognising the contribution that dual-use technologies and shared industrial capacities can make to strengthening Europe’s defence readiness. Where defence needs require a production line ordinarily dedicated to non-defence use to be temporarily repurposed for defence manufacturing only, the exemption should apply for as long as the line is repurposed for defence production only, within the period and scope notified to the competent authority.

Added(9) The EDF should strengthen the resilience of the European Defence Technological and Industrial Base (EDTIB), including through the development of technologies and assets that increase energy efficiency and reduce dependencies on external suppliers for critical raw materials.

Removed(4f) The Commission might develop guidelines on the practical application of Article 2(3) of Regulation (EC) No 1907/2006, of Article 1(4) of Regulation (EC) No 1272/2008 and of Article 2(8) of Regulation (EU) No 528/2013 in close cooperation with Member States and stakeholders. Such guidelines should serve solely to assist Member States and economic operators in understanding and applying the exemptions set out in this Regulation. The development or publication of such guidelines should not delay or otherwise affect the entry into application of the new provisions on exemptions established by this Regulation. Without prejudice to Council Decision 2011/411/CFSP establishing the European Defence Agency, Member States are invited, to ensure that cooperative frameworks in the defence field, including the principles reflected in the European Defence Agency’s Code of Conduct on REACH defence exemptions, are kept under review to support coherent and transparent practices across the Union.

Added(10) Under Regulation (EU) 2025/2643 of the European Parliament and of the Council the Union should identify European Defence Projects of Common Interest (EDPCIs) on which to focus efforts and resources. EDPCIs are to consist of collaborative industrial projects aimed at reinforcing the competitiveness of the EDTIB throughout the Union, while contributing to the development of Member States’ military capabilities critical for the Union's security and defence interests. Therefore, the EDF could support collaborative research and development activities consistent with those required in this context.

Removed(4g) While the broadening of existing defence exemptions laid down in Article 2 (3) of Regulation (EC) No 1907/2006, Article 1 (4) of Regulation (EC) No 1272/2008 and Article 2 (8) of Regulation (EU) No 528/2012 may be needed and justified in light of the worsening geopolitical situation, the Commission should systematically evaluate, whether this justification is still applicable.

Added(11) The report on the interim evaluation of the EDF, has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burden where possible and introduce clarification, simplification and flexibility in Regulation (EU) 2021/697 in order to facilitate the implementation of the EDF. That Regulation should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF.

Removed(4h) The Commission should follow up the defence exemptions granted in accordance with Article 2 (3) of Regulation (EC) No 1907/2006, Article 1 (4) of Regulation (EC) No 1272/2008 and Article 2 (8) of Regulation (EU) No 528/2012 with incentives and support for development and implementation of alternatives with a lower risk profile, in defence applications.

Added(12) The administrative burden linked to participation in the EDF should be further reduced, and procedures should be simplified. Specific attention should be given to cross-border SMEs and small mid-cap enterprises to ensure fair and equitable access to calls for proposals throughout the Union. To better address the specific needs of SMEs, it is appropriate to significantly shorten and simplify the application and evaluation procedures for SME-related calls for proposals. The specific conditions for providing such prompt support should not undermine an excellence-based approach and should be laid down in the work programme.

Removed(5) Regulation (EU) 2019/1021 of the European Parliament and of the Council implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance.

Added(13) The EDF should promote collaboration that is consistent with the defence capability priorities commonly agreed by Member States within the framework of the common foreign and security policy, in particular in the context of the Capability Development Priorities, and contribute to addressing the priority capability areas identified by the European Council.

Removed(6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and ▌defence-related security interests, for the purpose of protecting sensitive information.