Changes from plenary report to adopted text

RemovedDRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

AddedP10_TA(2026)0292

Changedon the proposal for a Directive of the European Parliament and of the Council amending Directives 2009/43/EC and 2009/81/EC, as regards the simplificationSimplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement (Omnibus V)

Removed(COM(2025)0823 – C10-0120/2025 – 2025/0177(COD))

AddedCommittee on Security and Defence, Committee on the Internal Market and Consumer Protection

AddedPE781.238

AddedEuropean Parliament legislative resolution of 16 September 2026 on the proposal for a Directive of the European Parliament and of the Council amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement (COM(2025)0823 – C10-0120/2025 – 2025/0177(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2025)0823),

Changed– having regard to Article 294(2) and Articles 62,53(2), 11462 and 153(2)(a)114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10-0120/2025),

Changed– having regard to Articlethe 294(3)opinion of the TreatyCommittee on theLegal FunctioningAffairs ofon the Europeanproposed Union,legal basis,

Added– having regard to Article 294(3) and Articles 53(1), 62 and 114 of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 18 September 20251,

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

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 17 June 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

Added– having regard to Rules 60 and 41 of its Rules of Procedure,

– having regard to the joint deliberations of the Committee on Security and Defence and the Committee on the Internal Market and Consumer Protection under Rule 59 of the Rules of Procedure,

– having regard to the report of the Committee on Security and Defence and the Committee on the Internal Market and Consumer Protection (A10-0275/2025),

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

Change 1

Added2. Approves the joint statement by Parliament and the Council annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

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

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

Change 2

RemovedRecital 1: (1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to the return of full-scale conflict in Europe and to the hybrid threats posed by Russia as well as the destabilisation strategies it employs against its neighbours and EU Member States. In response to the escalating security challenges and to strengthen its strategic autonomy and resilience, it is imperative that the Union takes decisive action to bolster its defence capabilities and remains steadfast in its support of Ukraine in face of Russia’s war of aggression. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, improve its security of supply and accelerate the integration of the EU defence industry with the aim of achieving a genuine EU internal market for defence-related products and services, enabling the Union to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union and its Member States have a strong and sufficient European defence posture in close cooperation with NATO by 2030 at the latest.

AddedP10_TC1-COD(2025)0177

RemovedRecital 2: (2) To achieve the goals of increasing the defence readiness of the Member States and the Union, improving the functioning of the internal market, regulatory simplification and harmonisation, fostering EU’s strategic autonomy, transparency, accountability, due diligence and oversight, fair and decent working conditions, as well as preventing and tackling abuse, fraud, criminal infiltration, corruption and labour exploitation are essential, including in relation to certification and export control. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries, including small and medium-sized enterprises and mid-caps, to operate, scale, innovate in line with the Union's values, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness. At the same time, by the end of 2026, the Union must lay down a unified framework in line with relevant NATO standardisation agreements, in order to avoid duplication, promote interoperability and reduce the total number of weapons systems that are available and in use in the EU. Reference should also be made to the targets set out in the European Defence Industrial Strategy (EDIS), which aim to make EU-level cooperation the norm in the European defence industrial sector, notably through concrete objec…

AddedPosition of the European Parliament adopted at first reading on 16 September 2026 with a view to the adoption of Directive (EU) 2026/… of the European Parliament and of the Council amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement

RemovedRecital 3: (3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. The security situation requires to consistently establish approval and certification procedures regulated at EU level for new production facilities and export licenses for defence products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3. Taking into account the developments in the security situation, the establishment of an EU internal market for defence-related products and services, and the introduction or continuation of European collaborative defence projects such as under the framework of the Permanent Structured Cooperation (PESCO), which include the creation or revitalisation of regional defence-industry clusters, strengthening local industrial capacities, promoting technology transfer, synergies and industrial scaling, and reinforcing critical supply chains while extending benefits across Member States, projects funded under Union defence industrial programmes, European Defence Projects of Common Interest or collaborative armament programmes between Member States (Co-Rapporteurs), including under Structures for European Armament Programmes (SEAPs) aim…

AddedTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

RemovedRecital 4: (4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence, fostering cross-border cooperation between economic entities operating in the field of defence, enhancing knowledge transfer across entities from all over the Union, encouraging innovation and deepening the EU internal market. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts should define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.

AddedHaving regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1), Article 62, and Article 114 thereof,

RemovedRecital 7: (7) To foster the uptake of certification by recipients and to facilitate cross-border collaboration, openness and the participation of SMEs and small mid-caps in defence supply chains within the Union, it is appropriate to extend the general transfer licence for transfers to certified recipients so that it also covers transfers by certified entities. Such undertakings have demonstrated strong capacity to comply with transfer and export control rules and have also supported important costs to achieve certification. They should be allowed to benefit from simplified and less burdensome possibilities to perform intra-Union transfers. Moreover, with the objective of supporting innovation and SMEs in the Union, the general transfer licence should also be extended to transfers that aim to support disruptive technologies or innovative industrial processes or address critical readiness.

AddedHaving regard to the proposal from the European Commission,

RemovedRecital 9: (9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of a crisis. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.

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

RemovedRecital 10: (10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. SMEs in particular are disproportionately affected by these delays, which means that they suffer competitive disadvantages compared to larger market players. Those delays have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes and for those carried out in the context of Structures for European Armament Programme (SEAPs). The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project, along the entire supply chain. Member States should also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between …

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

RemovedRecital 11: (11) Additionally, taking account of the technological evolution, it is necessary to adapt the rules on the information to be provided by suppliers of defence-related products, as the current provisions may prove burdensome in case of non-tangible technology transfers. It is appropriate to provide suppliers with the required flexibility while maintaining accountability, transparency and control, in order to facilitate the efficient and effective transfer of defence products within the Union. The need for the modification of the information requirement for non-tangible technology transfers requires a case-by-case assessment. Therefore, Member States should be given the possibility to apply such information requirements only as far as their application does not result in overly burdensome reporting obligations for the suppliers.

AddedActing in accordance with the ordinary legislative procedure,

RemovedRecital 14: (14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and strengthen the Union’s security and strategic autonomy, a significant increase in national and collective European defence investment is needed. At the same time, fundamental structural reforms are essential to ensure that increased spending also leads to increased capabilities. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066, which may prove inadequate. Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7, which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integra…

AddedWhereas:

RemovedRecital 15: (15) To achieve that goal, it is necessary to raise the threshold amounts for contracts covered by Directive 2009/81/EC. This adjustment would enable Member States to focus their resources on the most critical contracts, while it would ease the administrative burden on the industry for smaller procurement procedures, which will help to reduce the regulatory complexity and costs associated with those contracts, while also fostering greater participation of new market entrants, in particular start-ups and scale-ups, in smaller and more accessible procurement opportunities. However, even where a contract does not reach the thresholds amounts, contracting authorities/entities should ensure compliance with the general principles of public procurement under EU law, including transparency, non-discrimination and equality of treatment, and proportionality.

Added(1) The Union is facing an acute and growing threat, as underscored in the Joint White Paper of the Commission and of the High Representative of the Union for Foreign Affairs and Security Policy of 19 March 2025 for European Defence Readiness 2030 (the ‘Joint White Paper’), linked in particular to the return of full-scale conflict in Europe with Russia’s war of aggression against Ukraine. In response to the escalating security challenges and to strengthen its strategic autonomy and resilience, it is imperative that the Union take decisive action to bolster its defence capabilities and remain steadfast in its support of Ukraine. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union and improve its security of supply with the aim of achieving a genuine European market for defence-related products and services, enabling the Union and its Member States to respond effectively to emerging security demands. There is an urgent need to ramp up European defence readiness to ensure that the Union and its Member States have a strong and sufficient European defence posture by 2030.

RemovedRecital 16: (16) Furthermore, Member States should be given the flexibility to profit from all available tools related to public procurement. In order to increase the number of ways contracting authorities/entities can carry out public procurement, the possibility to use the open procedure and the dynamic purchasing system should be added. Those two procedures are based on the ones provided for in Directive 2014/24/EU of the European Parliament and of the Council8. Contracting authorities should use more quality-price criteria whenever possible when resorting to a dynamic purchasing system.

Added(2) To achieve the goals of increasing the defence readiness of the Member States and the Union and of improving the functioning of the internal market, regulatory simplification and harmonisation, fostering the Union’s strategic autonomy, transparency and accountability, are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries, including for small and medium-sized enterprises (SMEs) and mid-caps, to operate, scale, innovate and produce the necessary capabilities to ensure European security and defence readiness. ▌ The Joint White Paper ▌ outlined the objectives for this simplification of legislation impacting defence readiness.

RemovedRecital 17: (17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness are future-proof and yield long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. This applies above all to the area of cybersecurity: the Union needs a protection architecture against hybrid threats. To better support the procurement of research and development and innovative solutions, a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology in line with European values, while also promoting collaboration and competition among industry partners. The benefits of this approach include faster access to innovative solutions, reduced develo…

Added(3) A well-functioning transfer system for defence-related products across Member States is a prerequisite of a Union-wide market for such products. It will foster intra-EU cooperation between economic entities, research organisations and innovators operating in the field of defence, enhancing the transfer of knowledge across entities from all over the Union, encouraging innovation, and strengthening the internal market. Removing unnecessary hurdles and barriers will advance the development of disruptive technologies and innovative industrial processes. In doing so, it will address critical readiness gaps, fostering a more dynamic, competitive and agile European defence sector.

RemovedRecital 18: (18) To provide Member States with the necessary flexibility in responding to emerging security challenges, it is essential to introduce a limited in time possibility to use the negotiated procedure without prior publication for common procurements, including off-the-shelf procurement. That temporary derogation would enable Member States to quickly acquire the defence capabilities they need, while also allowing for a degree of flexibility in procurement procedures, thereby supporting the rapid replenishment of their stocks and the enhancement of their defence readiness. Furthermore, allowing Member States to procure identical defence products or products subject only to minor modifications, including common maintenance, contributes to deepening the interoperability and interchangeability of Member States’ armed forces’ equipment, further strengthening the Union’s defence readiness and enhancing the security of supply. The immediate readiness of the Member States to replenish their stocks through an accelerated procedure would also send a message to the industry to invest and increase its production capacity, which is a major challenge in the current situation, in which production capacity lags significantly behind demand.

Added(4) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council. Taking into account the developments in the security situation and the introduction or continuation of European collaborative defence projects such as those in the framework of the Permanent Structured Cooperation (PESCO), which include the creation or revitalisation of regional defence-industry clusters, strengthening local industrial capacities, promoting the transfer of technology, synergies and industrial scaling, and reinforcing critical supply chains while extending benefits across Member States, projects funded under Union defence industrial programmes, European Defence Projects of Common Interest (EDPCIs) or cooperative armament programmes between Member States, including under Structures for European Armament Programmes (SEAPs), aimed in particular at reinforcing ▌ cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation.

RemovedRecital 18 a (new): (18a) In such cases of common procurement of military equipment through the negotiated procedure without prior publication, the use of components originating outside the Union and EEA EFTA states should be limited, in order to preserve and foster the strategic autonomy and the defence industry of the Union; in such cases, therefore, the cost of components originating outside the Union, the EEA EFTA States and Ukraine should not be higher than 35 % of the estimated cost of the components of the end product. However, such limitation should not apply to components originating from Albania, Canada, Japan, Moldova, North Macedonia, Norway, South Korea and the United Kingdom, because the Union has signed a Security and Defence Partnership with each of these countries.

AddedExemptions can facilitate the timely availability of capabilities and predictable conditions for industry, including for SMEs and small mid-caps, across the internal market. In particular, it should be possible for Member States to exempt transfers necessary for the implementation of European collaborative defence projects, such as projects in the framework of PESCO, projects funded by Union defence industrial programmes, EDPCIs or cooperative armament programmes between Member States, including under SEAPs, transfers in the framework of structured intra-EU industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers between certified suppliers and certified recipients, transfers in the case of an urgency resulting from a crisis or transfers that aim at providing aid and assistance pursuant to Article 42(7) of the Treaty on European Union (TEU) and transfers linked to military and defence assistance resulting from Union actions under Article 28 TEU.

RemovedRecital 19: (19) There is a need for more and better collaborative investment, from research to development of complex systems, through commercialisation to procurement, with a view to increasing the Union’s technological sovereignty. Common procurement by Member States is key to improve efficiency, effectiveness and interoperability of defence capabilities, thereby contributing to a stronger and more cohesive European defence. Building on the 2019 Commission notice on guidance on cooperative procurement in the fields of defence and security9 , it is necessary to lay down provisions related to Member States joining cooperative programmes based on research and development after the end of the research and development phase for the later phases of the life cycle. In addition, and in order to support the later phases of the life cycle of Union-funded defence research and development programmes, it is necessary to clarify that Member States can benefit from the exclusion for cooperative programmes based on research and development under the same conditions also for projects funded under defence research and development programmes, such as the EDF. This would provide the necessary legal certainty and ensure that the flexibility enabled through the exclusion will support the continuation of EDF projects under a cooperative framework even after the completion of the research and development phase. It would also clarify that Member States joining after the research and development phase as genui…

Added(5) Considering that structured intra-EU industrial partnerships play a crucial role in enhancing the competitiveness, innovation and resilience of the Union’s defence industry by fostering cooperation across national borders within the Union, transfers of defence-related products within such partnerships should be facilitated. Such partnerships, characterised by their stability over time and shared objectives, contribute to the development of secure and interoperable Union defence capabilities, aligning with the Union’s strategic interests. To facilitate their operational efficiency and ensure flexibility in supply chains, it is appropriate to introduce a general transfer licence for transfers in the framework of a structured intra-EU industrial partnership or enable Member States to exempt such transfers from the obligation of prior authorisation. Such exemptions should be applied on a case-by-case basis to specific instances of structured intra-EU industrial partnerships such as a particular consortium, joint venture, or corporate group and should not be used as a general exclusion applicable to all entities engaging in structured intra-EU industrial partnerships. This approach ensures that Member States retain visibility and oversight over which entities benefit from such an exemption, enabling them to verify compliance with the criteria set out in Directive 2009/43/EC as amended by this Directive.

RemovedRecital 20 a (new): (20a) To facilitate common procurement among Member States, and to take account of differing renewal cycles and life spans of defence equipment, contracting authorities/entities should be able to allow counterparts from other Member States to join an existing framework agreement during its term. Allowing such access can enhance efficiency, avoid duplication of procedures, and promote cross-border cooperation and economies of scale. Any such participation should be subject to the conditions provided for in the original procurement documents or subsequent agreement of the parties, without resulting in substantial modifications to its essential terms, and should respect the general principles governing procurement under this Directive.

Added▌

RemovedRecital 22 a (new): (22a) Where possible, contracting authorities should structure framework agreements, dynamic purchasing systems and innovation partnerships in a manner that facilitates the participation of small and medium-sized enterprises, including through the use of lots, proportionate selection criteria, and non-discriminatory technical specifications such as the access of dual-use technology providers and companies operating in both civilian and defence sectors, including local innovative companies.

Added(6) ▌ The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way ▌ . Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-EU transfers of defence-related products.

RemovedRecital 23: (23) To reduce the administrative burden on Member States, some statistical reporting obligations related to defence procurement should be decreased where appropriate in order not to jeopardise transparency and accountability, while allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.

Added▌