Changes from plenary report to adopted text

Change 44

ChangedThe funding rate may be increased by percentage points equivalent to twice the percentage of the total eligible costs of the activity allocated to cross-border SMEs as defined in Article 2, point (6a), which participate in the activity as recipients, subcontractors or other legal entities in the supply chain;’;▌.

Change 45

Added__________________

Added* Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (OJ L 331, 14.12.2017, p. 57, ELI: http://data.europa.eu/eli/dec/2017/2315/oj).

Added** Regulation (EU) 2025/2643 of the European Parliament and of the Council of 16 December 2025 establishing the European Defence Industry Programme and a framework of measures to ensure the timely availability and supply of defence products (‘EDIP Regulation’) (OJ L, 2025/2643, 29.12.2025, ELI: https://eur-lex.europa.eu/eli/reg/2025/2643/oj).’;

(9) in Article 14, paragraph 1 is replaced by the following:

‘1. Notwithstanding Article 201 of Regulation (EU, Euratom) 2024/2509, only the financial capacity of a coordinator shall be verified.’;

(10) in Article 17(2), point (b) is replaced by the following:

Change 46

Changed‘(b) may authorise, in specific cases, the award of multiple contracts within the same procedure (multiple sourcing)’;sourcing);’;

(11) Article 22 is deleted;

(12) Article 23 is amended as follows:

(a) paragraphs 3 and 4 are replaced by the following:

Change 47

Changed‘3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall ▌useendeavour to use all tools at their disposal, such as general transfer licenceslicences, as referred to in Article 5 of Directive (EC) 2009/432009/43/EC of the European Parliament and of the Council*Council*, and avoid disproportionate administrative pre-conditionsrequirements to ensure the smooth implementation of the actions.

Change 48

Changed4. With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3three years afterof the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed.

Removed_________________

Added________________

* Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).’;

Change 49

Removed▌

Added(b) the following paragraph is added:

Removed▌

Added‘6. For the purpose of assessing the results of the development actions and assessing their potential use for public defence planning and capability development, the national authorities co-financing an action and the recipients generating the results shall engage in negotiations, with a view to the recipients granting access rights to those results to the national authorities under fair and reasonable conditions to be agreed upon with the recipients generating those results. Access rights shall not entail any transfer of ownership of IPRs or know-how contained therein, and shall be limited to non-commercial and non-competitive use. Those access rights shall not include background intellectual property except where strictly necessary for the purpose of understanding the results of the action and shall require the prior consent of the owners of such background intellectual property.

Removed▌

AddedTerms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.’;

(13) in Article 24, paragraph 1 is replaced by the following:

Change 50

Changed‘1. The Fund shall be implemented by means of annual or multiannual work programmes as referred to in Article 110(2) of the Regulation (EU, Euratom) 2024/2509. Work programmes shall set out, where applicable, the overall amount reserved for blending operations.’.

Change 51

AddedArticle 6

AddedEntry into force and application

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

Change 52

ChangedArticle 9(2) second subparagraph9(6), andthird Articlesubparagraph, 13▌ of the Regulation (EU) 2021/697, as amended by the presentthis Regulation, shall apply from 1 January 2025.

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

Change 53

ChangedDone at Strasbourg,…,

For the European Parliament For the Council

The President The President