Changes from plenary report to adopted text

Added(6) Article 9 is amended as follows:

RemovedArticle 2 – paragraph 1 – point 18, Article 49 a – paragraph 1 – point b – point ii: (ii) would cause proven significant inconvenience or substantial duplication of costs for the contracting authority/entity;

Added(a) paragraph 1 is replaced by the following:

RemovedDirective 2009/81/EC

Added‘1. Member States shall designate competent authorities to carry out the certification of undertakings established on their territory that receive or supply defence-related products under transfer licences published by Member States in accordance with Article 5(2), points (b) and (ba).’;

RemovedArticle 2 – paragraph 1 – point 18, Article 49 a – paragraph 1 – point e: (e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 3.

Added(b) paragraph 2 is amended as follows:

RemovedDirective 2009/81/EC

Added(i) the introductory part is replaced by the following:

RemovedArticle 2 – paragraph 1 – point 19, Article 68: (19) Article 68 is deleted.

Added‘The certification shall establish the reliability of the undertaking, in particular as regards its capacity to comply with Union and national transfer and export control legislation, especially in relation to due diligence measures assessing risks related to the export of the products and export limitations of defence-related products received under a transfer licence from another Member State. Reliability shall be assessed according to the following criteria:’;

RemovedDirective 2009/81/EC

Added(ii) points (a) and (b) are replaced by the following:

RemovedArticles 65 and 66

Added‘(a) proven experience in defence transfers and export activities, taking into account in particular the undertaking’s record of compliance with applicable transfer and export controls including export restrictions, any court decisions on this matter, any authorisation to produce or commercialise defence-related products and the employment of experienced management staff;

RemovedArticle 2 – paragraph 1 – point 19 a (new): (19a) Articles 65 and 66 are replaced by the following: ‘Article 65 Statistical obligations In order to permit assessment of the results of applying this Directive, the European Defence Agency with the support of Member States shall forward to the Commission and Parliament a statistical report, prepared in accordance with Article 66, addressing supply, services and works contracts awarded by contracting authorities/entities during the preceding year, by no later than 31 October of each year. By way of derogation, the obligation set out in paragraph 1 shall be temporarily suspended until 31 December 2030, corresponding to the Union’s defence readiness planning horizon. During the suspension period, the Commission shall, in cooperation with the European Defence Agency and Member States, review the necessity, proportionality and effectiveness of the statistical reporting mechanism referred to in paragraph. The Commission shall submit a review report to the European Parliament and to the Council no later than 30 June 2030, accompanied, where appropriate, by legislative proposals to maintain, amend, or permanently discontinue such statistical reporting obligations. Expenditure to which the implementation of this article gives rise shall be charged to the Union budget. Article 66 Content of the statistical report The statistical report prepared by the European Defence Agency shall specify the number and value of contracts awarded, by Member State or third country of the successful …

Added(b) relevant industrial activity in defence-related products within the Union;’;

RemovedDirective 2009/81/EC

Added(iii) point (f) is replaced by the following:

RemovedArticle 2 – paragraph 1 – point 19 b (new), Article 73: (19b) Article 73 is replaced by the following: ‘Article 73 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 review especially the application of Article 8 and Article 28(2) of this Directive. If appropriate, the report shall be accompanied by a legislative proposal.’

Added‘(f) a description, countersigned by the senior executive referred to in point (c), of the internal compliance programme or transfer and export management system implemented in the undertaking. This description shall provide details of:

Added(i) the organisational, human and technical resources allocated to the management of transfers and exports;

Added(ii) the chain of responsibility within the undertaking;

Added(iii) internal audit and reporting procedures and corrective measures;

Added(iv) awareness-raising and staff training;

Added(v) physical, technical and information security arrangements;

Added(vi) record-keeping and traceability of transfers and exports; and

Added(vii) transaction screening process and procedures’;

Added(c) in paragraph 3, points (b) and (c) are replaced by the following:

Added‘(b) the name and address of the undertaking;

Added(c) a statement of the conformity of the undertaking with the criteria referred to in paragraph 2; and’;

Added(d) paragraph 5 is replaced by the following:

Added‘5. Competent authorities shall monitor the compliance of the undertaking with the criteria referred to in paragraph 2 at least every three years, and with any condition attached to the certificates referred to in paragraph 4. Undertakings shall, without delay, notify the competent authorities of changes to their internal organisation or to their industrial or commercial activities in defence related products. In such cases, competent authorities may assess whether an undertaking still complies with the criteria referred to in paragraph 2.’;

Added(e) paragraph 8 is replaced by the following:

Added‘8. Member States shall publish and regularly update a list of certified suppliers and recipients and inform the Commission, the European Parliament and the other Member States thereof.

AddedThe Commission shall make publicly available on its website a central register of suppliers and recipients certified by Member States.’;

Added▌

Added(7) Article 17 is replaced by the following:

Added‘Article 17 Review and reporting

AddedBy 1 January 2031, 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 improving Europe’s defence readiness by 2030. In its report, the Commission shall review inter alia the application of Articles 5, 5a, 9 to 12 and Article 15, 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 thereof and the situation of SMEs and mid-caps. Where appropriate, the report shall be accompanied by a legislative proposal.’.

AddedArticle 2 Amendments to Directive 2009/81/EC

AddedDirective 2009/81/EC is amended as follows:

Added(1) Article 1 is amended as follows:

Added(a) points 15 and 16 are replaced by the following:

Added’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;

Added16. “Tenderer” means an economic operator that has submitted a tender ▌ ; ▌’;

Added(b) the following points are inserted:

Added‘17a. ’“Centralised purchasing activities” means activities conducted ▌ in one of the following forms:

Added(a) the acquisition of supplies and/or services intended for contracting authorities/entities;

Added(b) the award of ▌ contracts or the conclusion of framework agreements for works, supplies or services intended for contracting authorities/entities;

Added17b. “Ancillary purchasing activities” means activities consisting in the provision of support to purchasing activities, in particular in the following forms:

Added(a) technical infrastructure enabling contracting authorities/entities to award ▌ contracts or to conclude framework agreements for works, supplies or services;

Added(b) advice on the conduct or design of public procurement procedures;

Added(c) preparation and management of procurement procedures on behalf and for the account of the contracting authority/entity concerned;’;

Added(c) point 18 is replaced by the following:

Added’18. “Central purchasing body” means a contracting authority/entity or a European public body providing centralised purchasing activities and, possibly, ancillary purchasing activities; ▌’;

Added(d) the following point is inserted:

Added’18a. “Open procedure” means a procedure in which any interested economic operator may submit a tender in response to a call for competition;’;

Added(e) the following point is inserted:

Added‘21a. “Dynamic purchasing system” means a completely electronic process for making commonly used purchases, the characteristics of which, as generally available on the market, meet the requirements of the contracting authority/entity ;’;