Sittings · Document

amendment list 2026-09-11

Amendment 001-068 - Pekka Toveri, Anna-Maja Henriksson - Report A10-0275/2025 - Simplification of intra-EU transfers of defence-related products and simplification of security and defence procurement (Omnibus V)

9.9.2026 A10-0275/ 001-068

AMENDMENTS 001-068

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

Report

Pekka Toveri, Anna-Maja Henriksson A10-0275/2025

Simplification of intra-EU transfers of defence-related products and simplification of security and defence procurement (Omnibus V)

Proposal for a directive (COM(2025)0823 – C10-0120/2025 – 2025/0177(COD))

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Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission	Amendment
(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. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.	(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.
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1 JOIN(2025) 120 final, 19 March 2025.	1 JOIN(2025) 120 final, 19 March 2025.

Amendment 2

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, 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.	(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 objectives of at least 40 % of common procurement by 2030, at least 35 % of intra-EU trade by 2030, and at least 50 % of procurement of EU-made defence products by 2030 and 60 % by 2035.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.	2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.

Amendment 3

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(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. 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 and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .	(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) aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. Exemptions should facilitate timely availability of capabilities and predictable conditions for industry, including SMEs and small mid-caps, across the EU internal market. In particular, such exemptions should be provided in relation to transfers necessary for the implementation of European collaborative defence projects, such as under the framework of PESCO, projects funded by Union defence industrial programmes, European Defence Projects of Common Interest or collaborative armament programmes between Member States including under SEAPs, transfers in the framework of European strategic cross-border partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis or in a situation where the EU's mutual assistance clause provided for in Article 42(7) TEU is activated by one or several Member States and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union.
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3 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).	3 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).

Amendment 4

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. 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 could 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.	(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.

Amendment 5

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) To foster the uptake of certification by recipients and to facilitate cross-border collaboration and openness of 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.	(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.

Amendment 6

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(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 urgency resulting from 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.	(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.

Amendment 7

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(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. Those delays can 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. 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. Member States could 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 undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.	(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 undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.
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4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf	4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf

Amendment 8

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(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 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.	(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.

Amendment 9

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. 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 . 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 integrated European defence market to support their long-term defence capabilities.	(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 integrated European defence market to support their long-term defence capabilities.
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6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).	6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 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).	7 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).

Amendment 10

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(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, allowing for more effective allocation of their procurement budgets. At the same time, 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.	(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.

Amendment 11

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(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 .	(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.
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8 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242, ELI: http://data.europa.eu/eli/dir/2014/24/oj).	8 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242, ELI: http://data.europa.eu/eli/dir/2014/24/oj).

Amendment 12

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(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 is future-proof and yields 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. 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, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).	(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 development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).

Amendment 13

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(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.	(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.

Amendment 14

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(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.

Amendment 15

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(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 genuine participants in the cooperative programme will also benefit from the exclusion.	(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 genuine participants in the cooperative programme will also benefit from the exclusion. In order to ramp-up the EDTIB, EEA EFTA States and Ukraine should be involved as partners for European projects for security and defence that receive Union funding.
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9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).	9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).

Amendment 16

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission	Amendment
	(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.

Amendment 17

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(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.

Amendment 18

Proposal for a directive

Recital 23

Text proposed by the Commission	Amendment
(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, 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.	(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.

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 1 – introductory part

Directive 2009/43/EC

Article 3 – point 8 and 8 a (new)

Text proposed by the Commission	Amendment
(1) in Article 3, the following point 8 is added:	(1) in Article 3, the following points 8 and 8a are added:

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/43/EC

Article 3 – point 8 a (new)

Text proposed by the Commission	Amendment
	8a. European strategic cross-border partnership’ means a strategic collaboration arrangement between two or more entities established in different Member States, where such entities repeatedly engage in joint development , production, assembly, supply, marketing, or life-cycle support of a defence-related product, such as European collaborative defence projects, defence-related projects funded under a Union programme, a European Defence Project of Common Interest (EDPCI), a project under Permanent Structured Cooperation (PESCO) or a collaborative armament programme between Member States, such as a Structure for a European Armament Programme (SEAP).’ ;

Amendment 21

Proposal for a directive