Changes from plenary report to adopted text

Added(a) the thresholds set out in Article 8; and

Added(b) 10 % of the initial contract value for service and supply contracts and below 15 % of the initial contract value for works contracts.

AddedHowever, the modification may not alter the overall nature of the contract or framework agreement. Where several successive modifications are made, the value shall be assessed on the basis of the net cumulative value of the successive modifications.

Added3. For the purpose of the calculation of the price mentioned in paragraph 1, points (b) and (c) and paragraph 2, the updated price shall be the reference value when the contract includes an indexation clause.

Added4. A modification of a contract or a framework agreement during its term shall be considered to be substantial within the meaning of paragraph 1, point (e), where it renders the contract or the framework agreement materially different in character from the one initially concluded. In any event, without prejudice to paragraphs 1 and 2, a modification shall be considered to be substantial where one or more of the following conditions is met:

Added(a) the modification introduces conditions which, had they been part of the initial procurement procedure, would have allowed for the admission of other candidates than those initially selected or for the acceptance of a tender other than that originally accepted or would have attracted additional participants in the procurement procedure;

Added(b) the modification changes the economic balance of the contract or the framework agreement in favour of the contractor in a manner which was not provided for in the initial contract or framework agreement;

Added(c) the modification extends the scope of the contract or framework agreement considerably;

Added(d) where a new contractor replaces the one to which the contracting authority/entity had initially awarded the contract in other cases than those referred to in paragraph 1, point (d).

Added5. A new procurement procedure in accordance with this Directive shall be required for other modifications of the provisions of a ▌ contract or a framework agreement during its term than those provided for under paragraphs 1 and 2.’;

Added(20) in Article 52(6), third subparagraph, ‘seven years’ is replaced by ‘10 years’;

Added(21) in Article 55, paragraph 1 is replaced by the following:

Added‘1. The review procedures provided for in this Title apply to the contracts referred to in Article 2, including framework agreements and dynamic purchasing systems, subject to the exceptions provided for in Articles 12 and 13.’;

Added(22) in Article 58, point (c), the first sentence is replaced by the following:

Added‘in the case of a contract based on a framework agreement as provided for in Article 29 and in the case of a contract based on a dynamic purchasing system as provided for in Article 29a.’;

Added(23) in Article 60(1), point (c) is replaced by the following:

Added‘(c) in the cases referred to in the second subparagraph of Article 58, point (c), where Member States have invoked the derogation from the standstill period for contracts based on a framework agreement or a dynamic purchasing system.’;

Added▌

Added(24) Article 65 is replaced by the following:

Added‘Article 65 Statistical obligations

Added1. In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission 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.

Added2. By way of derogation from paragraph 1, the obligation set out therein shall be temporarily suspended until 31 December 2030, corresponding to the Union’s defence readiness planning horizon.

Added▌’;

Added(25) Article 68 is deleted.

Added▌

Added(26) Article 73 is replaced by the following:

Added‘Article 73 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 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 especially the application of Article 8 and Article 28(2). Where appropriate, the report shall be accompanied by a legislative proposal.’.

AddedArticle 3 Transposition

Added1. Member States shall adopt and publish, by … [12 months after the date of entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

AddedThey shall apply those measures by … [15 months after the date of entry into force of this Directive].

AddedWhen Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Added2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.

AddedArticle 4 Entry into force

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

AddedArticle 5 Addressees

AddedThis Directive is addressed to the Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President

AddedA statement has been made with regard to this act and can be found in [OJ C XXX, XX.XX.2026, p. XX, ELI: XXXXX] [OJ: Please insert in the text the OJ C reference and ELI link of the attached Joint Statement]

AddedANNEX TO THE LEGISLATIVE RESOLUTION

AddedJoint statement by the European Parliament and the Council on the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement

AddedThe European Parliament and the Council acknowledge the urgency of establishing a defence-readiness mindset in the European Union and of decisively ramping up Europe’s defence readiness by 2030. They recall that the Defence Readiness Omnibus V provides an immediate response to that urgent need by simplifying procedures and reducing administrative burdens in the Union’s regulatory framework, allowing Member States to achieve defence readiness by 2030.

AddedThe European Parliament and the Council emphasize the importance of taking all appropriate measures to strengthen and further develop the EDTIB, including small and medium-sized enterprises, and of removing bottlenecks in order to enable procurement processes to proceed in a faster and more agile manner, thereby supporting the achievement of capability targets and increasing production capacity across the Union defence industry value chains. They also stress the importance of a well-functioning European market for defence products across the Union, including intra-EU cross-border access to defence supply chains and intra-EU transfers of defence products.

AddedThe European Parliament and the Council recognize that further efforts are required to reach Defence Readiness by 2030. The European Parliament and the Council therefore call on the Commission to consider, as appropriate, putting forward as soon as possible any further initiatives necessary to strengthen the EDTIB and foster defence readiness. The European Parliament and the Council stress the need to enhance the Union’s strategic autonomy and capacity to respond to emerging security challenges.

AddedFor this purpose, the European Parliament and the Council have agreed on important simplifications for Intra-EU transfers of military equipment and defence procurements for the Defence Readiness Omnibus V. At the same time European Parliament and Council acknowledge that diverging views exist regarding the need to include specific eligibility criteria in the context of defence procurement and the instrument to achieve a harmonized implementation of transfer simplification procedures in order to achieve this objective.

AddedIn the framework of the review of the defence procurement Directive, further developments should be based on an impact assessment evaluating, inter alia, the effects on the specific needs of defence and sensitive security procurement, administrative burden, the need for enhanced security of supply and the effects of measures to stimulate procurement from the EDTIB. In the framework of the evaluation of intra-EU transfers Directive, future developments should aim at further simplifying transfers of defence products, addressing bottlenecks and strengthening the European market for defence equipment across the Union. All initiatives in the area of defence procurement and intra EU-transfer should take into account national responsibilities.

AddedThe European Parliament and the Council agree to examine and assess accordingly the need for any such initiatives without delay and in a spirit of mutual sincere cooperation, without prejudice to the legislative discretion of the co-legislators on the basis of the assessment of the outcome of such examinations.