Changes from plenary report to adopted text

Change 3

ChangedDirective 2009/43/EC is amended as follows:

Change 4

RemovedArticle 1 – paragraph 1 – point 4, Article 5 a – paragraph 1: 1. Member States shall publish general transfer licences for transfers necessary for the implementation of European strategic cross border partnerships. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.

Added(1) in Article 3, the following points are added:

RemovedDirective 2009/43/EC

Added‘8. “crisis” means crisis as defined in Article 1, point (10), of Directive 2009/81/EC of the European Parliament and of the Council*;

RemovedArticle 1 – paragraph 1 – point 4, Article 5 a – paragraph 2: 2. Member States shall ensure that the licencing system referred to in paragraph 1 applies also to the later phases of the life cycle of the projects occurring after the stages funded under a Union defence industrial programme.

Added9. “structured intra-EU industrial partnership” means a stable and lasting collaboration arrangement between two or more entities established in different Member States, where such entities form part of a common corporate group, consortium, joint venture, or other similarly structured entity, and are engaged in the joint design, development, production, assembly, supply, marketing or life cycle support of a defence-related product.

RemovedDirective 2009/43/EC

Added___________________________

RemovedArticle 1 – paragraph 1 – point 6 – point b, Article 13 a – paragraph 3: The delegation of power referred to in Article 4(3) or Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force;

Added* Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).’;

RemovedDirective 2009/43/EC

Added(2) in Article 4, paragraphs 2, 3 and 4 are replaced by the following:

RemovedArticle 1 – paragraph 1 – point 6 a (new), Article 17: (6a) Article 17 is replaced by the following: ‘Article 17 Review and reporting By 1 January 2029, the Commission shall review the implementation of this Directive against the background of improving Europe’s defence readiness by 2030, as requested by the European Parliament and the European Council in March 2025 and report thereon to the European Parliament and the Council. It shall evaluate, in particular, whether and to what extent, the objectives of this Directive have been achieved, with regard, inter alia, to the functioning of the internal market and to the aim of defence readiness by 2030. In its report, the Commission shall include in its review inter alia the application of Articles 5, 5 a, 9 to 12 and Article 15 of this Directive, and shall evaluate how this Directive has strengthened the supply of European defence and security products, having regard, inter alia, to the success of the overall ramp up to a level that can credibly deter any risk of armed aggression and the situation of small, mid-cap and medium-sized enterprises. If appropriate, the report shall be accompanied by a legislative proposal.’.

Added‘2. Notwithstanding paragraph 1, Member States may exempt transfers of defence-related products from the obligation of prior authorisation set out in that paragraph in one or more of the following cases:

RemovedDirective 2009/81/EC

Added(a) the supplier or the recipient is a governmental body or part of the armed forces;

RemovedArticle 2 – paragraph 1 – point 1 – point a, Article 1 – paragraph 1 – point 15: 15. ‘Candidate’ means an economic operator which has sought an invitation to take part or has been invited to take part in a restricted or negotiated procedure, competitive dialogue, or an innovation partnership;

Added(aa) the recipient is a Union institution or body, or the European Defence Agency;

RemovedDirective 2009/81/EC

Added(b) supplies are made by the Union, NATO, IAEA or other intergovernmental organisations for the performance of their tasks;

RemovedArticle 2 – paragraph 1 – point 1 – point a, Article 1 – paragraph 1 – point 16: 16. ‘Tenderer’ means an economic operator which has submitted a tender;

Added(ba) the recipient and the supplier are undertakings certified in accordance with Article 9;

RemovedDirective 2009/81/EC

Added▌

RemovedArticle 2 – paragraph 1 – point 1 – point f – introductory part, Article 1 – paragraph 1 – point 29: (f) the following points 29 and 29a are added:

Added(c) the transfer is necessary for the implementation of a cooperative armament programme between Member States, including projects in the framework of the Permanent Structured Cooperation (PESCO), Structures for European Armament Programmes (SEAPs) and European Defence Projects of Common Interest (EDPCIs) ;

RemovedDirective 2009/81/EC

Added(ca) the transfer is necessary for the implementation of a project funded under a Union defence industrial programme;

RemovedArticle 2 – paragraph 1 – point 1 – point f, Article 1 – paragraph 1 – point 29: 29. ‘maintenance’ means all actions taken to ensure the readiness and operational capability of a defence product, in particular to retain equipment in or to restore it to specified conditions until the end of its use, including readiness for deployment, longevity and upgrades, customisation and specialisation, inspection, overhaul, testing, servicing, modifications, classification as to serviceability, repair, recovery, rebuilding, reclamation, salvage and cannibalisation.;

Added(cb) the transfer takes place in the framework of a structured intra-EU industrial partnership;

RemovedDirective 2009/81/EC

Added(cc) the transfer takes place in an urgency resulting from a crisis;

RemovedArticle 2 – paragraph 1 – point 1 – point f, Article 1 – paragraph 1 – point 29 a (new): 29a. ‘innovation’ means the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, with the purpose of helping to solve societal challenges.’;

Added(cd) the transfer aims to provide aid and assistance pursuant to Article 42(7) of the Treaty on European Union (TEU);

RemovedDirective 2009/81/EC

Added(d) the transfer is linked to humanitarian aid in the case of disaster or as a donation in an emergency;

RemovedArticle 2 – paragraph 1 – point 2 – point a, Article 8 – paragraph 1 – point a: (a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 1 800 000’;

Added(da) the transfer is linked to military and defence assistance resulting from Union actions pursuant to Article 28 TEU where the Council decides unanimously, pursuant to Article 41(2) TEU;

RemovedDirective 2009/81/EC

Added(e) the transfer is necessary for or after repair, maintenance, exhibition or demonstration.;

RemovedArticle 2 – paragraph 1 – point 2 – point b, Article 8 – paragraph 1 – point b: (b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 8 000 000’;

Added▌

RemovedDirective 2009/81/EC

Added3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2 of this Article, in order to include any of the following additional cases ▌ :

RemovedArticle 2 – paragraph 1 – point 5, Article 10 a – paragraph 4 – subparagraph 3: A participating contracting authority/entity shall be deemed to have fulfilled its obligations pursuant to this Directive when it purchases works, supplies or services from a contracting authority/entity which is responsible for the procurement procedure. When determining responsibilities and the applicable national law as referred to in the second subparagraph, point (a), the participating contracting authorities/entities shall allocate specific responsibilities among them and determine the applicable national provisions of any of their respective Member States. The allocation of responsibilities and the applicable national law shall be referred to in the procurement documents for jointly awarded public contracts.

Added(a) the transfer takes place under conditions which do not affect public policy or public security;

RemovedDirective 2009/81/EC

Added(b) the obligation of prior authorisation has become incompatible with international commitments of the Member States subsequent to the adoption of this Directive;

RemovedArticle 2 – paragraph 1 – point 6 a (new), Article 18 – paragraph 3 – point a – indent 8: (6a) in point (a) of Article 18(3) indent 8 is replaced by the following: ‘- the national and international ‘defence standards’ defined in point 3 of Annex III and defence materiel specifications similar to those standards.’;

Added(c) the transfer is necessary for intergovernmental cooperation, as referred to in Article 1(4);

RemovedDirective 2009/81/EC

Added(d) the transfer is necessary for intra-EU cooperation.

RemovedArticle 2 – paragraph 1 – point 9, Article 27 a – paragraph 1 – subparagraph 4: The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent. The contracting authority/entity shall assess the information provided by the economic operators and shall invite the suitable candidates to participate in the procedure according to the objective rules and criteria that reflect these needs. Contracting authorities/entities may limit the number of suitable candidates to be invited to participate in the procedure. The contracts shall be awarded on the sole basis of the award criterion of the best price-quality ratio in accordance with Article 47.

Added▌

RemovedDirective 2009/81/EC

Added4. Member States shall ensure that suppliers wishing to transfer defence-related products from their territory may use general transfer licences or apply for global or individual transfer licences in accordance with Articles 5, 6 and 7. Without prejudice to Article 8, no pre-conditions shall be imposed that would have the effect of preventing suppliers from using general transfer licences or applying for global or individual transfer licences, on the basis of criteria that are not connected to their capacity to perform their obligations in the fields of transfer and export control..’;

RemovedArticle 2 – paragraph 1 – point 9, Article 27 a – paragraph 6 – subparagraph 2: Only those economic operators invited by the contracting authority/entity following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority/entity that cannot be met by existing solutions. The selection process shall ensure equal treatment and fair competition, including for dual-use providers, SMEs and operators from smaller Member States with developing industries.

Added▌

RemovedDirective 2009/81/EC