Sittings · Document

Draft report (COM(2024)0150 – C9-0056/2024 – 2024/0061(COD)) 2025-03-28

European Defence Industry Programme and a framework of measures to ensure the timely availability and supply of defence products (‘EDIP’)

Committee on Security and Defence Committee on Industry, Research and Energy

Amendment 61

Petra Steger

Proposal for a regulation

–

	Proposal for rejection
	The European Parliament rejects [the Commission's proposal]

Or. en

Justification

The programme to establish a European defence industry encroaches on national sovereignty rights and undermines the division of competences between the EU and member states. It jeopardises the EU's self-image as a peace project by promoting a spiral of armament. There is also a risk that the EU Commission will usurp security and defence policy responsibilities - without sufficient parliamentary control.

Amendment 62

Marion Maréchal, Stephen Nikola Bartulica, Ondřej Krutílek, Alexandr Vondra, Emmanouil Fragkos

Proposal for a regulation

Citation -1 (new)

Text proposed by the Commission	Amendment
	– Having regard to the Treaty on European Union, and in particular Article 4(2), Article 5(1) and (2), Article 42(2) and (3) and Article 45 thereof,

Or. fr

Justification

The four legal bases cited by the Commission in this proposal for a regulation are grounded exclusively in Community rationale. However, policies relating to the defence industry by definition encompass security and defence issues, which are a competence of the Member States. Articles 4, 5, 42 and 45 of the Treaty on European Union (TEU) unequivocally affirm that defence policy is a Member State competence. As such, it is the governments of the Member States, and not the EU, that constitute the framework for any action jointly undertaken by the Member States in this area. More specifically, Article 4 TEU states that ‘national security remains the sole responsibility of each Member State’, Article 5 TEU states that, under the principle of conferral, ‘competences not conferred upon the Union in the Treaties remain with the Member States’, and Articles 42 and 45 TEU describe the powers and tasks devolved to the European Defence Agency under the authority of the Council, and not the Commission.

Amendment 63

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Citation 1

Text proposed by the Commission	Amendment
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(1), Article 173(3), Article 212(2) and Article 322(1) thereof,	Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173(3), Article 212(2), Article 322(1) and Article 346(1) and (2) thereof,

Or. fr

Justification

The use of Article 114(1) of the Treaty on the Functioning of the European Union (TFEU) was contested by a number of Member States during the Commission’s consultation process on the European defence industrial strategy (EDIS). Serving as the legal basis for the establishment of a European defence equipment market, this provision conflicts with Article 346 TFEU, which affirms that ‘no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security’, while authorising any Member State to ‘take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material’.

Amendment 64

Sarah Knafo

Proposal for a regulation

Citation 1 a (new)

Text proposed by the Commission	Amendment
	Having regard to the Treaty on European Union, and in particular Article 4(2), Article 5(2), Article 42(2) and (3), and Article 45 thereof,

Or. en

Amendment 65

Michael von der Schulenburg

Proposal for a regulation

Citation 1 a (new)

Text proposed by the Commission	Amendment
	Having regard to the Treaty of the European Union, and in particular Article 41(2) thereof,

Or. en

Amendment 66

Marc Botenga

Proposal for a regulation

Recital -1 (new)

Text proposed by the Commission	Amendment
	(-1) Pursuant to Article 41(2) of the Treaty on European Union, expenditure arising from operations having military ordefence implications shall not be charged to the Union budget.

Or. en

Amendment 67

Jorge Buxadé Villalba

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1 a) The exclusive competence over foreign, security and defence policy belongs to the Member States according to article 24(1) of the TEU. The White Paper for European Defence also declares that "Member States will always retain responsibility for their own troops, from doctrine to deployment, and for the definition needs of their armed forces. Furthermore, the EU will always act in a way that is without prejudice to the specific character of the security and defence policy of certain Member States and taking into consideration the security and defence interests of all Member States."

Or. en

Amendment 68

Özlem Demirel

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1 a) The European Defence Industry Programme (EDIP) pushes the EU further towards a war economy, offers a VAT exemption for many armament products and contributes to the further militarisation of the EU as well as to the establishment of a military union. Stresses that EDIP’s primary goal is to strengthen the European Union’s military capabilities and therefore violates the EU’s basic law as article 41.2 TEU prohibits ‘expenditure arising from operations having military or defence implications’ from being charged to the EU budget.

Or. en

Amendment 69

Michael von der Schulenburg

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1 a) The European Union has traditionally promoted itself as a ‘peace project’, in line with a tradition dating back to the beginnings of European integration with the European Coal and Steel Community in the 1950s.

Or. en

Amendment 70

Michael von der Schulenburg

Proposal for a regulation

Recital 1 c (new)

Text proposed by the Commission	Amendment
	(1 c) Over the past number of years, the European Institutions, in particular the European Commission and the European Parliament, have comprehesively turned away from the promotion of peace and diplomacy and towards an unthinking, reflexive and deeply damaging militarism.

Or. en

Amendment 71

Michael von der Schulenburg

Proposal for a regulation

Recital 1 e (new)

Text proposed by the Commission	Amendment
	(1 e) The failure at both EU and Member State level to promote and advance diplomacy as a path out of conflict has played a hugely significant role in the destruction of Ukraine and the suffering of its people, as well as having catastrophic consequences for people and economies across the EU, as well as for the global perception of the European Union and its ability to wield any credible soft power.

Or. en

Amendment 72

Michael von der Schulenburg

Proposal for a regulation

Recital 1 g (new)

Text proposed by the Commission	Amendment
	(1 g) A doubling down on militarism at the current moment will do nothing to solve the problems facing Europe, which can only be solved through patient diplomacy as well as, internally, deep reflection at all levels of policy on the path forward for Europe accompanied by urgent action.

Or. en

Amendment 73

Michael von der Schulenburg

Proposal for a regulation

Recital 1 i (new)

Text proposed by the Commission	Amendment
	(1 i) A doubling down on militarism at the current moment will make Europe less safe, as well as more fragile both politically and economically, potentially leading to instability both internally and externally.

Or. en

Amendment 74

Michael von der Schulenburg

Proposal for a regulation

Recital 1 k (new)

Text proposed by the Commission	Amendment
	(1 k) The European Defence Industry Programme is, in this light, both wasteful and dangerous, and should be rejected tout court by the European Parliament.

Or. en

Amendment 75

Hans Neuhoff

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities.	(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities. The deterioration of the security environment, including hybrid and asymmetric threats, necessitates a broad and objective assessment of risks to the Union and its Member States.

Or. en

Justification

Brings nuance and realism to the strategic context, in line with NATO assessments, and prevents policy based on speculation.

Amendment 76

Giorgio Gori, Dario Nardella, Nicola Zingaretti, Marco Tarquinio, Annalisa Corrado

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities.	(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities and to strive towards the achievement of a common and integrated European defence.

Or. en

Amendment 77

Pekka Toveri, Niels Flemming Hansen, Tomas Tobé, Alice Teodorescu Måwe, Aura Salla, Mika Aaltola

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities.	(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities and eliminate critical dependencies related to them with authoritarian countries. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities.

Or. en

Amendment 78

Radan Kanev

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their defence capabilities.	(2) The long-term deterioration of regional and global threat levels requires a step-change in the scale and speed with which Europe’s defence technological and industrial base (EDTIB) can develop and produce the full spectrum of military capabilities. The return of high-intensity warfare and territorial conflict to Europe has a negative impact on the security of the Union and the Member States and requires a significant increase in the capacity of Member States to reinforce their joint defence capabilities.

Or. en

Amendment 79

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Alexandr Vondra, Ondřej Krutílek, Claudiu-Richard Târziu, Şerban Dimitrie Sturdza, Cristian Terheş

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) Developing defence manufacturing capacities across the entire European Union is essential to strengthening the Union’s open strategic autonomy, resilience, and ability to respond collectively to security challenges. A geographically balanced approach ensures that all Member States contribute to and benefit from a robust European Defence Technological and Industrial Base (EDTIB). Particular attention should be paid to Member States bordering the aggressor states (such as Russia and Belarus) or active war zones, as they are on the frontline of potential spill-over effects and play a critical role in the rapid deployment and logistical support of defence operations. Targeted support for these countries not only addresses urgent capability needs but also reinforces cohesion and solidarity within the Union, helping to safeguard the EU’s external borders and maintain regional stability.

Or. en

Amendment 80

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) In this context, the European Union must adopt a global approach to defence and security, which means ensuring military security, but also taking action to achieve energy and food sovereignty, and ensuring that security and defence objectives do not undermine other investment priorities of the Union in particular linked to climate change, environmental degradation and biodiversity loss, nor jeopardise the European social model and the protection of common European values.

Or. en

Amendment 81

Marc Botenga

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) Years of high-intensity warfare on our continent have had significant impact on the European industrial base and the wellbeing of European citizens. High energy prices and security concerns, among other factors, discourage industry to invest in Europe, risking the further deindustrialisation of Europe.

Or. en

Amendment 82

Jorge Buxadé Villalba

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) Such deterioration of threat levels include rising hybrid threats to the external borders of the European Union, remarkably the Southern and Eastern borders, which require a new technological security approach, specially in the naval sector.

Or. en

Amendment 83

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Alexandr Vondra, Ondřej Krutílek, Claudiu-Richard Târziu, Şerban Dimitrie Sturdza, Reinis Pozņaks, Alberico Gambino, Cristian Terheş, Carlo Ciccioli

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2 b) At the same time, efforts to strengthen the defence capacities of the Member States should be pursued in full respect of NATO’s indispensable role, recognising that the Alliance remains the cornerstone of collective defence in the Euro-Atlantic area and continues to play a central role in ensuring the security and defence of the European Union. Such efforts must be designed to complement and reinforce NATO’s structures and capabilities, thereby enhancing overall coherence, interoperability, and transatlantic unity in the face of evolving security threats. Any attempts to weaken this cooperation or to diminish NATO’s significance risk undermining the unity and strength that underpin Europe’s security architecture. Efforts to duplicate NATO’s core functions or create parallel structures may lead to fragmentation, inefficiencies, and a dilution of resources. Instead, the EU’s initiatives in security and defence should be complementary, reinforcing NATO’s essential role and contributing to a more coherent, capable, and resilient transatlantic alliance.

Or. en

Amendment 84

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2 b) Recent statements by members of the US administration towards the European Union or Canada, accompanied by the heavy pressure exerted on Ukraine by the US leadership, reflect a shift in US foreign policy. It is becoming increasingly clear that Europe can no longer rely on the US as a reliable ally and security provider and thus needs to strengthen its security and defence to stand on its own feet and be able to help Ukraine to defend itself.

Or. en

Amendment 85

Michael Gahler

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) On 14 and 15 December 2023, the European Council, in its conclusions, having considered work carried out to implement the Versailles declaration and the Strategic Compass for Security and Defence, underlined that more needs to be done to fulfil the Union’s objectives of increasing defence readiness. To achieve such a readiness and defend the Union, a strong defence industry is a pre-requisite, making the European defence industry more resilient, innovative and competitive.	(3) On 14 and 15 December 2023, the European Council, in its conclusions, having considered work carried out to implement the Versailles declaration and the Strategic Compass for Security and Defence, underlined that more needs to be done to fulfil the Union’s objectives of achieving defence readiness by 2030. To achieve such a readiness and defend the Union, a strong, capable and geographically diversified defence industry is a pre-requisite, making the European defence industry more resilient, innovative and competitive.

Or. en

Amendment 86

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4 a) The Republic of Moldova (hereinafter – Moldova) is on the frontline of serious threats against its territorial integrity, constitutional order and democracy, remaining particularly vulnerable due to its geographic proximity to a war zone, economic fragility, and unresolved frozen conflicts.

Or. en

Amendment 87

Christophe Gomart, Željana Zovko, Marta Wcisło

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) EDIRPA and ASAP were designed as emergency response and short-term programmes, both expiring in 2025 (30 June 2025 for ASAP and 31 December 2025 for EDIRPA). The Programme should build on EDIRPA and ASAP achievements and extend their logic until 2027, by providing financial support for the reinforcement of the EDTIB, in a predictable, continuous and timely manner on the basis of an integrated approach. In the light of the current security situation, it appears necessary to extend the Union support a broader scope of defence equipment including consumables such as unmanned systems that play a decisive role in the war theatre in Ukraine.	(5) EDIRPA and ASAP were designed as emergency response and short-term programmes, both expiring in 2025 (30 June 2025 for ASAP and 31 December 2025 for EDIRPA). The Programme should build on EDIRPA and ASAP achievements and go beyond the ambitions of their original objectives until 2027, by providing financial support for the reinforcement of the EDTIB, in a predictable, continuous and timely manner on the basis of an integrated approach. In the light of the current security situation, it appears necessary to extend the Union support a broader scope of defence equipment including consumables such as unmanned systems that play a decisive role in the war theatre in Ukraine.

Or. fr

Amendment 88

Nathalie Loiseau, Ivars Ijabs, Marie-Agnes Strack-Zimmermann, Bart Groothuis, Marjan Šarec, Christophe Grudler, Petras Auštrevičius, Lucia Yar, Michał Kobosko, Engin Eroglu, Sophie Wilmès

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) The European Defence Projects of Common Interest should be larger industrial projects aiming at delivering defence products to address priority areas for action at EU level in the field of capabilities taking into account the lessons learned from the war in Ukraine, in accordance with the work already done in the framework of the European Defence Agency and in full coherence with NATO: air and missile defence; artillery systems, including deep precision strike capabilities; missiles and ammunition; drones and anti-drone systems; strategic enablers, including in relation to space and critical infrastructure protection; military mobility; cyber; artificial intelligence and electronic warfare.

Or. en

Amendment 89

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) In view of the quickly evolving geopolitical situation, there is a sense of urgency to foster cooperation, integration and consolidation of the EDTIB, in order to deliver effectiveness of public spending, and operational efficacy with increased interoperability and interchangeability between main defence products, accelerated by Member States decisively acting in cooperation for the higher interest of the Union.

Or. en

Amendment 90

Marc Botenga

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) Any funding permitted by this programme should be subject to strict social and environmental conditionalities and stringent ethical principles.

Or. en

Amendment 91

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission	Amendment
	(5 b) The increasing importance of the European Union in defence matters should be mirrored by an adequate level of democratic scrutiny and oversight to ensure responsible allocation of funds and support from Union citizens. As a consequence, this Regulation should enable a proper level of Parliamentary oversight, from the European Parliament and, where relevant from national parliaments, in particular with a view to protect adherence to European values and standards, budgetary oversight, and due respect of fundamental rights.

Or. en

Amendment 92

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 5 c (new)

Text proposed by the Commission	Amendment
	(5 c) In order to send a long-term signal to the EDTIB and to the market, a framework for the monitoring and evaluation of key features for the resilience and competitiveness of defence industry should be put in place, comprising benchmarks to be achieved by 2035. These key features are in particular the share of common procurement of defence products, the share of EU content in defence products acquired by Member States, the technological readiness of EU defence capabilities vis-à-vis the rest of the world, the level of consolidation and integration of the market of defence products, the resilience of EU key defence products vis-à-vis climate change. In addition, this framework should include the coordination of the control of exports of defence products, which plays a crucial role to strengthen the single market of defence products.

Or. en

Amendment 93

Marc Botenga

Proposal for a regulation

Recital 5 c (new)

Text proposed by the Commission	Amendment
	(5 c) Any funding permitted by this programme should strictly adhere to relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms and its Supplementary Protocols, the precautionary principle, and international humanitarian law.

Or. en

Amendment 94

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 5 d (new)

Text proposed by the Commission	Amendment
	(5 d) The Union should notably support the development of EDTIB to address the most strategic defence capability gaps across the seven priority areas outlined in the Joint White Paper for European Defence Readiness 2030, published on 19 March 2025, namely Air and missile defence, Artillery systems, Ammunition and missiles, Drones and counter-drone systems, military mobility, AI, Quantum, Cyber & Electronic Warfare, Strategic enablers and critical infrastructure protection.

Or. en

Amendment 95

Marc Botenga

Proposal for a regulation

Recital 5 d (new)

Text proposed by the Commission	Amendment
	(5 d) Any funding permitted by this programme, when contributing to research and development, should yield proportionate public ownership of intellectual property rights.

Or. en

Amendment 96

Georgiana Teodorescu

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) The European Council of 23 June 2022 decided to grant the status of candidate country to Ukraine, which expressed a strong will to link reconstruction with reforms on its European path. In December 2023, EU leaders decided to open accession negotiations with Ukraine. On 15 December 2023, the European Council declared that the Union and Member States remain committed to contributing, for the long term and together with partners, to security commitments to Ukraine, which will help Ukraine to defend itself, resist destabilization efforts and deter acts of aggression in the future. Strong support to Ukraine is a key priority for the Union and an appropriate response to the Union’s strong political commitment to support Ukraine for as long as necessary.	(6) The European Council of 23 June 2022 decided to grant the status of candidate country to Ukraine, which expressed a strong will to link reconstruction with reforms on its European path. In December 2023, EU leaders decided to open accession negotiations with Ukraine. On 15 December 2023, the European Council declared that the Union and Member States remain committed to contributing, for the long term and together with partners, to security commitments to Ukraine, which will help Ukraine to defend itself, resist destabilization efforts and deter acts of aggression in the future.

Or. ro

Amendment 97

Michael Gahler

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6 a) On 19 March 2025 the Commission and the High Representative of the Union for Foreign Affairs and Security Policies presented the ‘Joint White Paper for European Defence Readiness 2030’ which provides a framework for the ReArm Europe plan, laying out the case for a once-in-a-generation surge in European defence investment. It sets out the necessary steps to rebuild European defence, to support Ukraine, address critical capability shortfalls and establish a strong and competitive defence industrial base. It is therefore appropriate that the White Paper in connection with capability priorities identified in the Defence Investment Gaps Analysis and Way Forward as well the Capability Development Plan form the basis for the actions under this Regulation and guides its implementation.

Or. en

Amendment 98

Tobias Cremer

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.	(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction. By delivering for more than three years critical capabilities to support Ukraine’s defence against Russia’s war of aggression, the Ukrainian DTIB has already proven to be extremely innovative and resilient. According to the Ukrainian ministry of defence, its production capacities are currently significantly underutilised. This instrument shall hence incentivise Member States to seek active cooperation with the Ukrainian DTIB not only to ramp up the support to Ukraine, but also to cooperate in defence planning for the joint future ahead.

Or. en

Amendment 99

Georgiana Teodorescu

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.	(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support for rebuilding. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country.

Or. ro

Amendment 100

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.	(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction. At the same time, Russia’s war of aggression forced Ukrainian DTIB to quickly innovate and develop new capabilities and ways of defending its territory that could be highly valuable to level up the capabilities of EDTIB.

Or. en

Amendment 101

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Alexandr Vondra, Ondřej Krutílek, Reinis Pozņaks, Alberico Gambino, Cristian Terheş, Carlo Ciccioli

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.	(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market and adaptation of the Ukrainian defence environment to meet NATO standards. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.

Or. en

Amendment 102

Michael Gahler

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.	(7) The damage from Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to the Ukraine defence technological and industrial base (Ukrainian DTIB) require comprehensive support, inter alia to rebuild the latter. This is essential in order to provide the capacity to the Ukrainian State to defend its territorial integrity and sovereignty, maintain its essential functions and allow the fast recovery, reconstruction and modernisation of the country and foster its integration into the European Defence Equipment Market. A strong Ukrainian DTIB is vital for Ukraine’s long-term security as well as its reconstruction.

Or. en

Amendment 103

Georgiana Teodorescu

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	deleted

Or. ro

Amendment 104

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	deleted

Or. en

Amendment 105

Roberto Vannacci

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	deleted

Or. en

Amendment 106

Radan Kanev

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States. Member States whose defence technological and industrial base (DTIB) is heavily involved in the production of munitions and the repair of Ukrainian military equipment and munitions should be eligible to initiate common defence and military projects for joint procurement with the Ukrainian DTIB.

Or. en

Amendment 107

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed, without prejudice to Member States' projects and areas that have been and continue to be financed through the EU budget. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.

Or. en

Amendment 108

Marc Botenga

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	(8) Actions supporting the reinforcement of the Ukrainian defence technological and industrial base should not be financed as support is already provided under the Ukraine Facility as well as under the European Peace Facility and through bilateral assistance by Member States.

Or. en

Amendment 109

Michael Gahler

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financed. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.	(8) In this regard actions supporting the reinforcement of the Ukrainian defence technological and industrial base should be financially supported by the Union. This support is complementary to that provided under the Ukraine Facility as well as military support provided to Ukraine under the European Peace Facility and through bilateral assistance by Member States.

Or. en

Amendment 110

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support could be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy.	(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, immobilised Russian assets be entirely directed to support Ukraine directly, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law.

Or. en

Amendment 111

Michael Gahler

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support could be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy.	(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations and its core principle. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law.

Or. en

Amendment 112

Petras Auštrevičius

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support could be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy.	(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on the ceasing and use of Russian frozen assets and, first of all, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support could be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy. The same approach of supporting Ukraine’s defense technological and industrial base would apply if a decision is made to cease and use Russian frozen assets.

Or. en

Amendment 113

Tobias Cremer

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support could be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy.	(9) Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a blatant violation of the Charter of the United Nations. The Union and its Member States should, in close cooperation with other international partners, continue to work towards this goal, in accordance with Union and international law, taking into account Russia’s serious breach of the prohibition on the use of force enshrined in Article 2(4) of the Charter of the United Nations and the principle of State responsibility for internationally wrongful acts, including the obligation to compensate for the financially assessable damage caused. It is important that, inter alia, progress is made, in coordination with international partners, on how extraordinary revenues held by private entities stemming directly from immobilised Russian assets could be directed to support Ukraine, including its defence technological and industrial base, in a manner that is consistent with applicable contractual obligations and in accordance with Union and international law. If the Council were to adopt a CFSP decision under Article 29 TEU upon a proposal by the High Representative to transfer to the Union extraordinary cash balances of central securities depositories arising from the unexpected and extraordinary revenues from Russia’s immobilised sovereign assets, such additional support should be drawn from these revenues, in line with the objectives of the Union’s Common Foreign and Security Policy. Furthermore, legal pathways to use Russian immobilised sovereign assets themselves for the reinforcement of Ukraine and its DTIB should be urgently assessed and wherever possible used.

Or. en

Amendment 114

Roberto Vannacci

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) A Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation. Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.	deleted

Or. en

Amendment 115

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) A Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation. Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.	(10) A Framework agreement should be concluded with Ukraine to set up the principles and the period of validity of the cooperation between the Union and Ukraine under this Regulation. Grant agreements for definited period, with strict criteria for the use of European funds or joint procurement should also be concluded with Ukraine and legal entities of the European Union established in Ukraine to define conditions for releasing funds.

Or. en

Amendment 116

Michael Gahler

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) A Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation. Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.	(10) A Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation with a view to facilitate the integration of the Ukrainian DTIB into the EDTIB . Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.

Or. en

Amendment 117

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) A Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation. Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.	(10) Following sufficient consultation with Member States, a Framework agreement should be concluded with Ukraine to set up the principles of the cooperation between the Union and Ukraine under this Regulation. Grant agreements or joint procurement should also be concluded with Ukraine and legal entities established in Ukraine to define conditions for releasing funds.

Or. en

Amendment 118

Marc Botenga

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10 a) Any funding permitted by this programme shall, prior its approval, demonstrate that it does not fuel the global arms race.

Or. en

Amendment 119

Marc Botenga

Proposal for a regulation

Recital 10 b (new)

Text proposed by the Commission	Amendment
	(10 b) Any funding under the scope of this programme shall prior to its approval demonstrate that it does not risk contributing to the violation of, nor otherwise undermining, international and international humanitarian law, as well as human rights; the Council Common Position 2008/944/CFSP on arms exports shall be strictly applied.

Or. en

Amendment 120

Marc Botenga

Proposal for a regulation

Recital 10 c (new)

Text proposed by the Commission	Amendment
	(10 c) Any funding of weaponry shall be linked to a strict and non-negotiable ban on Member States re-exporting jointly procured components, military equipment or armaments.

Or. en

Amendment 121

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) To fund the actions that aim at strengthening the competitiveness, responsiveness and ability of the EDTIB based on Article 173 TFEU and the actions of cooperation with Ukraine for reinforcement of the Ukrainian DTIB under Article 212 TFEU, this Regulation should establish common objectives, common financial mechanisms while clearly distinguishing two budget lines corresponding to each of the objectives pursued as well as establish a Programme setting out the conditions for Union financial support under Article 173 TFEU and an Ukraine Support Instrument setting out the specific conditions for Union financial support under Article 212 TFEU.	deleted

Or. en

Amendment 122

Georgiana Teodorescu

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) To fund the actions that aim at strengthening the competitiveness, responsiveness and ability of the EDTIB based on Article 173 TFEU and the actions of cooperation with Ukraine for reinforcement of the Ukrainian DTIB under Article 212 TFEU, this Regulation should establish common objectives, common financial mechanisms while clearly distinguishing two budget lines corresponding to each of the objectives pursued as well as establish a Programme setting out the conditions for Union financial support under Article 173 TFEU and an Ukraine Support Instrument setting out the specific conditions for Union financial support under Article 212 TFEU.	(11) To fund the actions that aim at strengthening the competitiveness, responsiveness and ability of the EDTIB based on Article 173 TFEU, this Regulation should establish common objectives, common financial mechanisms.

Or. ro

Amendment 123

Tobias Cremer

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) To fund the actions that aim at strengthening the competitiveness, responsiveness and ability of the EDTIB based on Article 173 TFEU and the actions of cooperation with Ukraine for reinforcement of the Ukrainian DTIB under Article 212 TFEU, this Regulation should establish common objectives, common financial mechanisms while clearly distinguishing two budget lines corresponding to each of the objectives pursued as well as establish a Programme setting out the conditions for Union financial support under Article 173 TFEU and an Ukraine Support Instrument setting out the specific conditions for Union financial support under Article 212 TFEU.	(11) To fund the actions that aim at strengthening the competitiveness, responsiveness and ability of the EDTIB based on Article 173 TFEU and the actions of cooperation with Ukraine for reinforcement of the Ukrainian DTIB under Article 212 TFEU, this Regulation should establish common objectives, common financial mechanisms while clearly distinguishing two budget lines corresponding to each of the objectives pursued as well as establish a Programme setting out the conditions for Union financial support under Article 173 TFEU and an Ukraine Support Instrument setting out the specific conditions for Union financial support under Article 212 TFEU. Both budget lines shall have a clear and distinguishable impact on the defence capabilities of Ukraine and the EU.

Or. en

Amendment 124

Michalis Hadjipantela, Loucas Fourlas

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) The programme should align with the defence capability priorities mutually agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), the cooperation of Member States within the framework of Permanent Structured Cooperation (PESCO), the initiatives and programmes of the European Defence Agency and the Union's political and military assistance to Ukraine.

Or. el

Amendment 125

Costas Mavrides

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11 a) The program should align with the defense capability priorities that have been mutually agreed upon by the member states within the framework of the Common Foreign and Security Policy (CFSP), the cooperation of member states under the Permanent Structured Cooperation (PESCO), the initiatives and programs of the European Defence Agency, and the political and military assistance provided by the Union to Ukraine.

Or. en

Amendment 126

Michael Gahler

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12 a) Given the EU`s essential interest in Ukraine succeeding to defend itself against Russia’s unjustified war of aggression, and the urgency to reinforce the Ukrainian DTIB and the budgetary limits in the current EU multiannual financial framework, it is necessary to focus 1/3 of the financial envelope of this Regulation to support Ukraine. 2/3 of the financial envelope shall support actions reinforcing the EDTIB that also provides essential defence equipment to Ukraine.

Or. en

Amendment 127

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied provided that the project complies with the rules set out in that Regulation and the scope of the European Regional Development Fund and the European Social Fund Plus as set out in Regulations (EU) 2021/1058 and (EU) 2021/1057 of the European Parliament and of the Council, respectively. This could, in particular, be the case where the production of relevant defence products faces specific market failures or suboptimal investment situations in the Member States’ territories, notably in vulnerable and remote areas, and such resources contribute to the achievement of the objectives of the programme from which they are transferred. In line with Article 24 of Regulation (EU) 2021/1060, the Commission is to assess the amended programmes submitted by the Member State and make observations within two months of the submission of the amended programme.	deleted

Or. en

Amendment 128

Yannis Maniatis, Giorgio Gori, Annalisa Corrado, Bruno Gonçalves

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied provided that the project complies with the rules set out in that Regulation and the scope of the European Regional Development Fund and the European Social Fund Plus as set out in Regulations (EU) 2021/1058 and (EU) 2021/1057 of the European Parliament and of the Council, respectively. This could, in particular, be the case where the production of relevant defence products faces specific market failures or suboptimal investment situations in the Member States’ territories, notably in vulnerable and remote areas, and such resources contribute to the achievement of the objectives of the programme from which they are transferred. In line with Article 24 of Regulation (EU) 2021/1060, the Commission is to assess the amended programmes submitted by the Member State and make observations within two months of the submission of the amended programme.	deleted

Or. en

Amendment 129

Marc Botenga

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied provided that the project complies with the rules set out in that Regulation and the scope of the European Regional Development Fund and the European Social Fund Plus as set out in Regulations (EU) 2021/1058 and (EU) 2021/1057 of the European Parliament and of the Council, respectively. This could, in particular, be the case where the production of relevant defence products faces specific market failures or suboptimal investment situations in the Member States’ territories, notably in vulnerable and remote areas, and such resources contribute to the achievement of the objectives of the programme from which they are transferred. In line with Article 24 of Regulation (EU) 2021/1060, the Commission is to assess the amended programmes submitted by the Member State and make observations within two months of the submission of the amended programme.	deleted

Or. en

Amendment 130

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied provided that the project complies with the rules set out in that Regulation and the scope of the European Regional Development Fund and the European Social Fund Plus as set out in Regulations (EU) 2021/1058 and (EU) 2021/1057 of the European Parliament and of the Council, respectively. This could, in particular, be the case where the production of relevant defence products faces specific market failures or suboptimal investment situations in the Member States’ territories, notably in vulnerable and remote areas, and such resources contribute to the achievement of the objectives of the programme from which they are transferred. In line with Article 24 of Regulation (EU) 2021/1060, the Commission is to assess the amended programmes submitted by the Member State and make observations within two months of the submission of the amended programme.	(13) The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied provided that the project complies with the rules set out in that Regulation and the scope of the European Regional Development Fund and the European Social Fund Plus as set out in Regulations (EU) 2021/1058 and (EU) 2021/1057 of the European Parliament and of the Council, respectively, but without reducing and greatly affecting the projects already foreseen by the Member States to receive financing through these funds. This could, in particular, be the case where the production of relevant defence products faces specific market failures or suboptimal investment situations in the Member States’ territories, notably in vulnerable and remote areas, and such resources contribute to the achievement of the objectives of the programme from which they are transferred. In line with Article 24 of Regulation (EU) 2021/1060, the Commission is to assess the amended programmes submitted by the Member State and make observations within two months of the submission of the amended programme.

Or. en

Amendment 131

Giorgio Gori, Dario Nardella, Nicola Zingaretti, Marco Tarquinio, Annalisa Corrado

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13 a) Since the overall objective of the Cohesion Policy is to strengthen the economic, social and territorial cohesion of the European Union, which in turn, strengthens the security of the Union and fosters the resilience of its communities, and the overall objective of the EU's Social Policy is the promotion of employment, improved living and working conditions, the resources dedicated to them cannot in any way be converted to other purposes. Investments in support to the EDTIB must come on top of those supported by the Cohesion Policy and the Social Policy, and not at the expense of them.

Or. en

Amendment 132

Morten Løkkegaard, João Cotrim De Figueiredo, Svenja Hahn

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13 a) In order to enhance our partnerships with key strategic allies and limit trade barriers, procurement of defence materials under this Regulation should also be open to associated countries, which in this context should be understood as countries that are member of the European Free Trade Association (EFTA), European Economic Area (EEA) as well as other key strategic allies who has entered into a “coalition of the willing” fitting for the purposes of this Regulation such as United Kingdom, Canada, Australia, Japan and South Korea.

Or. en

Amendment 133

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	deleted

Or. en

Amendment 134

Marc Botenga

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	(14) It should not be possible for non-EU contractors and subcontractors, as well as companies that face serious allegations of corruption to contribute to the implementation of the Programme.

Or. en

Amendment 135

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, while current exceptional circumstances require an intensified investment and support to accelerate the European defence industry’s preparedness, the European Union and its Member States should strive for the highest support from the public opinion, to ensure highest social acceptance of financial public support. In addition, recent market developments in defence industry revealed market failure, notably with widening divides between large multinationals and smaller companies, the former ones able to make significant profits, and share them with shareholders. Hence, this Regulation should primarily provide financial support to SMEs and mid-caps, and Member States should put in place a solidarity contribution levied on Union companies with for profit activities in the defence sector, in order to tax windfall profits. Member States should remain free to apply a rate according to what they deem acceptable and appropriate under their national legal systems, while ensuring that this solidarity contribution is both fair and proportionate.

Or. en

Amendment 136

Michael Gahler

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	(14) In view of the need to invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060. Member States are also ecouraged to transfer funding provided through the envisaged SAFE regulation to actions under this instrument in which they participate.

Or. en

Amendment 137

Georgiana Teodorescu

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	(14) In view of the need to invest better and together in defence capabilities of the Member States and associated countries, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of Regulation (EU, Euratom) 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.

Or. ro

Amendment 138

Petras Auštrevičius

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.	(14) In view of the need invest better and together in defence capabilities of the Member States and associated countries, and potentially EU candidate countries, as well as in the recovery, reconstruction and modernisation of Ukraine’s defence industrial base, it should be possible for Member States, third countries, international organisations, international financial institutions or other sources to contribute to the implementation of the Programme. Such contributions should be implemented in accordance with the same rules and conditions and should constitute external assigned revenue within the meaning of Article 21(2)(a)(ii), (d), and (e) of the Regulation (EU, Euratom) No 2018/1046. In addition, Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU) 2021/1060 of the European Parliament and the Council. It should therefore be possible to transfer certain levels of funding between shared management allocations and the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council. Uncommitted resources at the latest in 2028 may be transferred back to one or more respective source programmes, at the request of the Member State, in accordance with the conditions set out in the relevant provisions of Regulation (EU) 2021/1060.

Or. en

Amendment 139

Irene Tinagli, Yannis Maniatis, Giorgio Gori, Dario Nardella, Nicola Zingaretti, Marco Tarquinio

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14 a) Should a Member State seek to activate the National Escape Clause (NEC) in the framework of the conditions, as set out in the European Commission's Communication “Accommodating increased defence expenditure within the Stability and Growth Pact,” it is critical that any additional defence spending supports the Union's broader strategic goals. The Commission should only recommend the activation of the NEC if the Member State commits to allocating a minimum of 25% of the increased defence expenditure—derived from the permitted deviation under the NEC—towards the European Defence Industrial Programme (EDIP). This allocation ensures that the funds derived from the activation of the NEC are effectively invested in strengthening the European dimension of defense, in line with the Union’s strategic priorities for defense readiness and autonomy. The Commission will assess whether this condition is met as part of its evaluation of the exceptional circumstances and fiscal impact of the request before making its recommendation to the Council for the activation of the NEC.

Or. en

Amendment 140

Michael Gahler

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14 a) It should be considered appropriate to exclude legal entities established outside the territory of the Member States or of Ukraine, or controlled by a third country or by a third-country entity, from any cooperation under this Regulation where they are engaged in or support, financially or by any other means, systematic, international campaigns of media manipulation and grave distortion of facts in order to destabilise the Union, its Member States or candidate countries, in particular where those target European political parties, especially during election periods, civil society, asylum seekers, ethnic and gender minorities, and the functioning of democratic institutions in the Union, its Member States or candidate countries. Such actions constitute a significant and direct threat to the Union’s public order and security. The Commission should put in place the necessary measures together with the Member States and Ukraine.

Or. en

Amendment 141

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14 a) In particular, considering the extraordinary budgetary effort to increase military capabilities enabled by the initiative presented by the Commission on 19 March 2025 “ ReArm Europe”, in order to ensure that this effort does not lead to a fragmentation of the single Market but contributes to consolidation and integration of the relevant market, Member States receiving financial assistance in the framework of SAFE Regulation should dedicate a relevant share of this financial assistance to contribute to the implementation of the Programme and of the Ukraine Support Instrument.

Or. en

Amendment 142

Juan Ignacio Zoido Álvarez, Pilar del Castillo Vera, Antonio López-Istúriz White, Susana Solís Pérez

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14 a) In the same spirit of pooling efforts and working together to improve the autonomy, competitiveness and efficiency of the defence industry and contribute adequately to the programme’s implementation, efforts should be made to involve regional and local innovation and business development bodies by harnessing their potential to boost regional ecosystems.

Or. en

Amendment 143

Irene Tinagli, Yannis Maniatis, Giorgio Gori, Dario Nardella, Nicola Zingaretti, Marco Tarquinio

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission	Amendment
	(14 b) In the context of the Security Action for Europe (SAFE) instrument, established under Regulation 2025/0122, it is essential that financial support provided to Member States is aligned with the European Union’s strategic objectives for defence. To ensure that the funds are used effectively in strengthening Europe’s defence capabilities, it is crucial that at least 25% of the total financial support received under the SAFE instrument is allocated to the European Defence Industrial Programme (EDIP). This allocation will contribute to the development and integration of the European defence technological and industrial base, enhancing the Union's strategic autonomy and readiness. The Commission shall ensure that this allocation is respected as part of its evaluation of the request for financial support under SAFE.

Or. en

Amendment 144

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.	(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be SMEs or mid-caps which are established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. While legal entities that are not SMEs or mid-caps within the EDTIB have an easier access to capital market compared to other companies in the same sector and should not be recipients of the limited financial resources available for the Programme, they are a crucial driving force within their industrial ecosystems, and are encouraged to participate in actions supported by the Programme. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine. In addition, the implementation of the Programme should take a particular attention to geographical diversity and balance across the Union, to ensure territorial cohesion and mitigate a risk of widening divide between competitiveness of various regions and Member States, and to ensure appropriate support for Member States facing more immediately direct threats.

Or. en

Amendment 145

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.	(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support must be legal entities established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis only to contractors or subcontractors of public procurement contracts established in the EU, even where that entity has several subordinate structures, some of which are not located in the EU. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.

Or. en

Amendment 146

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.	(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union, in associated countries or in Ukraine. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.

Or. en

Amendment 147

Georgiana Teodorescu

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union, in associated countries or in Ukraine and which are not subject to control by non-associated third countries, other than Ukraine or by, non-associated third-country entities. Where Member States, associated countries or Ukraine are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State, of an associated country or of Ukraine.	(15) As the Programme aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industry, to benefit from the Programme, recipients of financial support should be legal entities which are established in the Union or in associated countries and which are not subject to control by non-associated third countries or by non-associated third-country entities. Where Member States or associated countries are the recipients of the financial support, in particular for common procurement actions, these rules should apply mutatis mutandis for the contractors or subcontractors to the procurement contracts. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the legal entities involved in the actions which are used for the purposes of the action should be located on the territory of a Member State or of an associated country.

Or. ro

Amendment 148

Petras Auštrevičius

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15 a) In exceptional cases, where it will enhance European defence capabilities, the Programme should be open to EU candidate countries other than Ukraine that have fully aligned with the EU’s foreign, security and defence policy.

Or. en

Amendment 149

Marc Botenga

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) In certain circumstances, it should be possible to derogate from the principle that legal entities involved in an action supported by the Programme are not subject to control by non-associated third countries or non-associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as recipient if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.	deleted

Or. en

Amendment 150

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) In certain circumstances, it should be possible to derogate from the principle that legal entities involved in an action supported by the Programme are not subject to control by non-associated third countries or non-associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as recipient if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.	(16) However, it should be possible to derogate from the principle that legal entities involved in an action supported by the Programme are not subject to control by non-associated third countries or non-associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as recipient if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled. Opening EDIP to defense companies that are established in the EU, but are subject to control of like-minded non-EU countries strengthens European security by leveraging allied industrial capabilities while ensuring supply chain resilience, interoperability and interchangebility with trusted partners. This approach would also reflect the diversity of EU defence companies across different Member States, acknowledging the varied ownership structures that contribute to Europe's defence industrial base.

Or. en

Amendment 151

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) In certain circumstances, it should be possible to derogate from the principle that legal entities involved in an action supported by the Programme are not subject to control by non-associated third countries or non-associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as recipient if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.	(16) In certain circumstances, it should be possible to derogate from the principle that legal entities involved in an action supported by the Programme are not subject to control by non-associated third countries or non-associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as recipient if strict conditions relating to the security and defence interests of the Union and its Member States, including the principle of good neighbourly relations, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.

Or. en

Amendment 152

Costas Mavrides

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16 a) Legal entities controlled directly or indirectly by any non Member States or established in the Union or in a associated country and controlled by a non-associated third country or a non-associated entity of a third country should be eligible to be recipients, if they have been subjected to a screening under Regulation (EU) 2019/452 [establishing a framework for the screening of foreign direct investments in the Union], and, where required, appropriate mitigation measures or if guarantees approved in accordance with the national procedures of the Member State or associated country in which they are established have been provided to the Commission. Such guarantees should only be issued if strict conditions related to the security and defence interests of the Union and its Member States, as defined within the CFSP framework according to Title V of the TFEU, are met. The participation of entities controlled by non-associated countries or non-associated entities of third countries should not be contrary to the objectives of the Regulation.

Or. en

Amendment 153

Michalis Hadjipantela, Loucas Fourlas

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) Legal entities established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity should be eligible to be recipients if they have been subject to screening within the meaning of Regulation (EU) 2019/452 [establishing a framework for the screening of foreign direct investment into the Union] and, where necessary, to appropriate mitigating measures, or if guarantees approved in accordance with the national procedures of the Member State or associated third country in which they are established have been made available to the Commission. Such guarantees should be issued only if strict conditions relating to the security and defence interests of the Union and its Member States, as defined in the framework of the CFSP in accordance with Title V of the TEU, are met. The participation of entities controlled by non-associated third countries or non-associated third country entities should not be contrary to the objectives of the Regulation.

Or. el

Amendment 154

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16 a) Europe faces diverse and evolving security threats, from cyberattacks to a threat of conventional military attacks, which necessitate strong alliances with like-minded countries, particularly NATO members. Cooperation with allies like the UK, the U.S., Canada, South Korea, Japan and other democratic partners ensures access to critical technologies, supply chains, and intelligence-sharing mechanisms, enhancing Europe's defence capabilities. A collaborative approach also prevents fragmentation, strengthens deterrence, and ensures interoperability, making the European defence industry more resilient, globally competitive, advanced in next-generation weaponry and to deliver military help to its allies and be prepared to counteract conventional military attacks on its territory.

Or. en

Amendment 155

José Cepeda, Javi López, Lina Gálvez, Nicolás González Casares, Laura Ballarín Cereza, Elena Sancho Murillo

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16 a) The limitation of the cost of components not manufactured in the Union or associated countries to a maximum of 35% of the cost of the end defence product related to an action does not prejudge the aim to gradually lower this percentage in the future.

Or. en

Amendment 156

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Alexandr Vondra, Ondřej Krutílek, Reinis Pozņaks, Cristian Terheş

Proposal for a regulation

Recital 16 b (new)

Text proposed by the Commission	Amendment
	(16 b) For this reason, while focusing on improving the competitiveness and efficiency of the Union's and Ukraine's defence industries, the programme should provide for the necessary cooperation with like-minded countries. This refers to the possibility for beneficiaries to cooperate with legal entities from these countries, as well as to the use of components originating from these countries without any imposed restrictions. While the EU should aim for a gradual increase of European content in the future, the current geopolitical situation and the need to prepare to counter conventional military threats require immediate rearmament of Member States with high-quality defence products available at affordable costs and at the earliest possible terms. Thus, the provisions on the eligibility of defence products shall not prevent the use of critical components from trusted third countries where necessary for the timely delivery and operational effectiveness of defence products, provided that such components do not originate from hostile third countries.

Or. en

Amendment 157

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) Furthermore, the defence products subject to actions supported by the Programme should not be subject to control or restriction by a non-associated third country or a non-associated third country entity.	(17) Furthermore, the defence products subject to actions supported by the Programme should in principle not be subject to restriction by a non-associated third country or a non-associated third country entity limiting their operational use by Member States' armed forces. Recognising the need to gradually reduce strategic dependencies, defence products related to actions supported by the Programme subject to restrictions not affecting their operational use by Member States, such as restrictions on the sale and transfer of defence products, should be allowed in the interest of ensuring Member States’ ability to satisfy their product needs and of safeguarding the competitiveness of the EDTIB. However, the above provision should include the necessary degree of flexibility to allow for targeted derogation to reflect the challenging and evolving geopolitical situation.

Or. en

Amendment 158

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) Furthermore, the defence products subject to actions supported by the Programme should not be subject to control or restriction by a non-associated third country or a non-associated third country entity.	(17) Furthermore, the defence products subject to actions supported by the Programme should not be subject to control or restriction by a non-associated third country or a non-associated third country entity. For common procurements, Member States should strive to ensure that components and materials necessary for the defence products subject to the procurement are manufactured in the Union or associated countries. In this regard, no more than 20 % of the estimated value of the end product should be linked to components and materials manufactured elsewhere. To make it possible without compromising the achievement of the common procurement, Member States may derogate to this provision for 3 years, provided that no more than 35% are manufactured elsewhere.

Or. en

Amendment 159

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17 a) In addition, defence industry should fully contribute to improve competitiveness of European industry in general, and to foster productive investments to achieve climate neutrality of the Union by 2050. In this regard, where applicable, materials and components that are part of the end product subject to common procurement should be in line with the ecodesign requirements as established under ESPR, starting with steel, iron and aluminium, and with any label recognised in EU legislation for green steel if in application earlier. In addition, some actions under the Programme should support industrialisation and commercialisation of key defence products with significantly improved operational performance, like resource and energy efficiency in operation, in particular of fossil fuels and other resources that are highly tactical or vital for armed forces on a battlefield, and sustainability aspects of those products, such as in terms of footprint induced by the manufacturing process, in particular concerning the consumption of critical raw materials, energy, water, or of pollution of air, water and soil. Furthermore, SEAP and EDPCI should also be fully contributing to climate-proofing to ensure long-term resilience, sustainability and competitiveness of EDTIB, and operational capabilities of armed forces essential to Union’s security.

Or. en

Amendment 160

Sebastiaan Stöteler

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17 a) Despite significant efforts already under way within the Union, notably in the context of ASAP, industrial capacities related to the air and missile defence remain insufficient in light stark deterioration of the Union’s security context. It is therefore appropriate to establish a specific derogation from the general eligibility conditions for actions supported by this Instrument, as laid down in Article 11(8)(c), in order to urgently and critically enhance those industrial capacities within the Union and reduce its lead-time. This derogation, as well as the criteria laid down in that paragraph, are justified by the exceptional nature of the current circumstances.

Or. en

Amendment 161

François-Xavier Bellamy, Paulius Saudargas, Virgil-Daniel Popescu

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17 a) Due to a limited budget, the Regulation should ensure that the European funds reach projects that have the greatest benefits for the European defence industry, to increase its competitiveness. Therefore, the cost of components originating in the Union or associated countries shall not be lower than 80 % of the estimated value of the end products financed under this Regulation. This threshold of European content is the starting point of a trajectory towards more integrated defence products. It should increase in time in order to foster a progressive transformation of the supply chains.

Or. en

Amendment 162

Marc Botenga

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) Given the specificities of the defence industry, where demand comes almost exclusively from States, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional markets. The industry does not therefore engage in substantial self-funded industrial investments but only does so as a consequence of firm orders. While firm orders from Member States are a precondition for any investment, the Commission can intervene by offsetting the complexity of cooperation for common procurement and de-risking industrial investments via grants and loans allowing a faster adaptation to ongoing structural market change. As a general rule, Union support should cover up to 100% of direct eligible costs or 100% of the amount determined for actions applying the financing not linked to costs option. The Union support for industry reinforcement actions should cover up to 50 % of direct eligible costs in order to enable recipients to implement actions as soon as possible, to de-risk their investment and therefore to speed up the availability of relevant defence products.	deleted

Or. en

Amendment 163

Merja Kyllönen

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) Given the specificities of the defence industry, where demand comes almost exclusively from States, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional markets. The industry does not therefore engage in substantial self-funded industrial investments but only does so as a consequence of firm orders. While firm orders from Member States are a precondition for any investment, the Commission can intervene by offsetting the complexity of cooperation for common procurement and de-risking industrial investments via grants and loans allowing a faster adaptation to ongoing structural market change. As a general rule, Union support should cover up to 100% of direct eligible costs or 100% of the amount determined for actions applying the financing not linked to costs option. The Union support for industry reinforcement actions should cover up to 50 % of direct eligible costs in order to enable recipients to implement actions as soon as possible, to de-risk their investment and therefore to speed up the availability of relevant defence products.	(18) Given the specificities of the defence industry, where demand comes almost exclusively from States, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional markets. The industry does not therefore engage in substantial self-funded industrial investments but only does so as a consequence of firm orders. While firm orders from Member States are a precondition for any investment, the Commission can intervene by offsetting the complexity of cooperation for common procurement and de-risking industrial investments via grants and loans allowing a faster adaptation to ongoing structural market change. As a general rule, Union support should cover up to 100% of direct eligible costs or 100% of the amount determined for actions applying the financing not linked to costs option. The Union support for industry reinforcement actions should cover up to 50 % of direct eligible costs in order to enable recipients to implement actions as soon as possible, to de-risk their investment and therefore to speed up the availability of relevant defence products. Adequate funds need to be set aside for industry reinforcement, to be able to safeguard the availability of defence products more effectively.

Or. fi

Amendment 164

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) Given the specificities of the defence industry, where demand comes almost exclusively from States, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional markets. The industry does not therefore engage in substantial self-funded industrial investments but only does so as a consequence of firm orders. While firm orders from Member States are a precondition for any investment, the Commission can intervene by offsetting the complexity of cooperation for common procurement and de-risking industrial investments via grants and loans allowing a faster adaptation to ongoing structural market change. As a general rule, Union support should cover up to 100% of direct eligible costs or 100% of the amount determined for actions applying the financing not linked to costs option. The Union support for industry reinforcement actions should cover up to 50 % of direct eligible costs in order to enable recipients to implement actions as soon as possible, to de-risk their investment and therefore to speed up the availability of relevant defence products.	(18) Given the specificities of the defence industry, where demand comes almost exclusively from States, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional markets. The industry does not therefore engage in substantial self-funded industrial investments but only does so as a consequence of firm orders. While firm orders from Member States are a precondition for any investment, the Commission can intervene by offsetting the complexity of cooperation for common procurement and de-risking industrial investments via grants and loans allowing a faster adaptation to ongoing structural market change. As a general rule, Union support should cover up to 100% of direct eligible costs or 100% of the amount determined for actions applying the financing not linked to costs option. The Union support for industry reinforcement actions should cover up to 35 % of direct eligible costs in order to enable recipients to implement actions as soon as possible, to de-risk their investment and therefore to speed up the availability of relevant defence products.

Or. en

Amendment 165

Bruno Tobback, Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(18 a) Further, having regard to the European Chips Act, the Program should tackle research, development and scale-up of key dual-use technologies, with an emphasis on semiconductors, as these have significant positive effects both on military and civilian capabilities of the EU.

Or. en

Amendment 166

Marc Botenga

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission	Amendment
	(18 a) Considering the excess profits certain defence corporations are making thanks to the ongoing war in Ukraine and genocide in Gaza, these corporations should engage in self-funded industrial investment rather than rely on ex ante public funding.

Or. en

Amendment 167

Yannis Maniatis, Nicola Zingaretti, Giorgio Gori, Dario Nardella, Bruno Gonçalves

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), processing of raw materials, industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel. . Recognising the importance of interoperability among Member States' defence systems, the Programme should prioritise projects that enhance cross-border compatibility and integration, thereby strengthening the EU's collective defence posture.

Or. en

Amendment 168

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel belonging to the Member States, both through professional retraining of people coming from other sectors and young people at the beginning of their careers, with the aim of reducing unemployment and avoiding depopulation in the respective areas.

Or. en

Amendment 169

Inese Vaidere

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, particularly in the Member States most exposed to the risk of materialisation of conventional military threats, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.

Or. en

Amendment 170

Michael Gahler

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities throughout the Union with an emphasis on the EU’s Eastern border in that field as well as the training of personnel.

Or. en

Amendment 171

Pekka Toveri, Niels Flemming Hansen, Tomas Tobé, Alice Teodorescu Måwe, Aura Salla, Mika Aaltola

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, their necessary raw materials and other crucial components, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.

Or. en

Amendment 172

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.	(19) The Programme should provide financial support, via means provided for in the Regulation (EU, Euratom) No 2018/1046, to actions contributing to the timely availability and supply of defence products, in particular key defence products, such as cooperation for common procurement of public authorities, industrial coordination and networking activities including reservation and stockpiling of defence products, access to finance for undertakings involved in the manufacturing of relevant defence products, reservation of manufacturing capacities (‘ever warm facilities’), industrial processes of reconditioning of expired products, expansion, optimisation, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities in that field as well as the training of personnel.

Or. en

Amendment 173

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission	Amendment
	(19 a) The identification and validation of the European Defence Projects of Common Interest (EDPCI) should be based on a bottom-up approach in which the Member States should play a decisive role.

Or. en

Amendment 174

Marc Botenga

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) Grants under the Programme may take the form of financing not linked to cost based on the achievement of results by reference to work packages, milestones or targets of the common procurement process, in order to create the necessary incentive effect.	deleted

Or. en

Amendment 175

Yannis Maniatis, Nicola Zingaretti, Giorgio Gori, Dario Nardella, Bruno Gonçalves

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission	Amendment
	(20 a) Acknowledging the growing threat of cyber-attacks, the Programme should integrate comprehensive cybersecurity measures in all defence projects to safeguard the Union's defence infrastructure.

Or. en

Amendment 176

Marc Botenga

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) Where the Union grant takes the form of financing not linked to costs, the Commission should determine in the work programme the funding conditions for each action, in particular (a) a description of action involving cooperation for common procurement with a view to addressing the most urgent and critical capacity needs, (b) the milestones for the implementation of the action and (c) the maximum Union contribution available.	deleted

Or. en

Amendment 177

Michael Gahler

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) Where the Union grant takes the form of financing not linked to costs, the Commission should determine in the work programme the funding conditions for each action, in particular (a) a description of action involving cooperation for common procurement with a view to addressing the most urgent and critical capacity needs, (b) the milestones for the implementation of the action and (c) the maximum Union contribution available.	(21) Where the Union grant takes the form of financing not linked to costs, the Commission should determine in the work programme the funding conditions for each action, in particular (a) a description of action involving cooperation for common procurement with a view to addressing the most urgent and critical capacity needs, (b) a description on the the contribution of the actions to addressing identified capability priorities, facilitating the integration of the Ukrainian DTIB into the EDTIB as well as strenghtening security of supply and industrial defence readiness, (c) the milestones for the implementation of the action and (d) the maximum Union contribution available.

Or. en

Amendment 178

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	deleted

Or. en

Amendment 179

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) Delegated powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account.

Or. en

Amendment 180

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions, provided that there are periodic information to the Parliament and the Council regarding the respective decisions and possible corrections on their part. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. en

Amendment 181

Michael Gahler

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) In order to ensure uniform conditions for the actions supporting procurement and industrial capacity building under this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. en

Amendment 182

Petras Auštrevičius

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine, or potentially other EU candidate countries, for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. en

Amendment 183

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine or Moldova for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. en

Amendment 184

Georgiana Teodorescu

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States, associated countries or Ukraine for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.	(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with respect to the adoption of work programmes to set out the funding priorities and the applicable funding conditions. The specificities of the defence sector, in particular the responsibility of Member States or associated countries for the planning and acquisition process, should be taken into account. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. ro

Amendment 185

Petras Auštrevičius

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22 a) In order to ensure the best possible implementation of this Programme in response to the most urgent needs of the Member States and Europe as a whole, the European Commission should develop relevant capabilities, in particular coordinating military planning procedures, in cooperation with the Member States and upon advisory of the European Defence Industrial Readiness Board. These capabilities are essential for the Commission’s role in managing this Programme, particularly in identifying, monitoring and coordinating actions supported by this Programme.

Or. en

Amendment 186

Michael Gahler

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22 a) Actions under this regulation having a long-term strategic ambition with long-term implications for the EU budget beyond the duration of the current multi-annual financial framework, such as the European Defence Projects of Common Interest and the Structure for European Armament Programme, should be each adopted by means of a delegated act.

Or. en

Amendment 187

Marc Botenga

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22 a) The implementation of the programme and the subsequent use of military equipments produced shall be subject to strict transparency full control and scrutiny rights by all relevant EU bodies, in particular the European parliament.

Or. en

Amendment 188

Michael Gahler

Proposal for a regulation

Recital 23

Text proposed by the Commission	Amendment
(23) In accordance with Article 193(2) of the Regulation (EU, Euratom) No 2018/1046, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, costs incurred prior to the date of submission of the grant application are not eligible, except in duly justified exceptional cases. In order to enable continuity of funding perspective for actions that could have been supported by 2024 funding under ASAP and EDIRPA, in the financing decision it should be possible to provide for financial contributions in relation to actions that cover a period starting from 5 March 2024.	(23) In accordance with Article 193(2) of the Regulation (EU, Euratom) No 2018/1046, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, costs incurred prior to the date of submission of the grant application are not eligible, except in duly justified exceptional cases. In order to enable continuity of funding perspective for actions that could have been supported by 2024 funding under ASAP and EDIRPA, in the financing decision it should be possible to provide for financial contributions in relation to actions that cover a period starting from 5 March 2024. Given the urgent and timely need to improve the defence readiness of the Union and its Member States, project proposals under the EDIRPA regulation that have been positively assessed but could not be awarded due to budgetary constraints should be, after adoption of this Regulation, immediately re-assessed against the eligibility criteria of this regulation and launched instantly.

Or. en

Amendment 189

Radan Kanev

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned. The proposals should promote a balanced distribution of defence industrial activities across the European Union, avoiding the overconcentration of activities in a small number of national value chains, and ensuring that the Programme's benefits are shared more widely. This approach will enhance the resilience and sustainability of the European Defence Technological and Industrial Base (EDTIB) and contribute to greater acceptance of the Programme by EU citizens, who will see the benefits of defence investment as shared across the Union.

Or. en

Amendment 190

Petras Auštrevičius

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats, notably countries in Europe’s East bordering Russia and Belarus. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine, and potentially other EU candidate countries, and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned. Maintaining geographic balance to avoid concentration of military production lines in a few countries or regions, especially given the remaining challenges of military mobility, and having more than one source of military supplies should be one of the criteria for providing financial assistance.

Or. en

Amendment 191

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned. In addition, given the lifetime of key defence products, they should also be assessed on the basis of their contribution to the climate-proofing of EDTIB, notably to ensure full operational capabilities of key defence products in any future foreseeable extreme conditions in any geographies, and to improve resilience to risks of supply shortages of resources in operations.

Or. en

Amendment 192

Yannis Maniatis, Nicola Zingaretti, Giorgio Gori, Dario Nardella, Bruno Gonçalves

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned. Programme should, in particular, actively support the inclusion of small and medium-sized enterprises (SMEs) in consortia, recognising their role in driving innovation and growth within the EU's defence sector.

Or. en

Amendment 193

Radan Kanev

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. In particular, preference should be given to proposals submitted by applicants from the Member States most exposed to the risk of conventional military threats, namely Member States bordering Russia, Belarus, Ukraine, and the Black Sea. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.

Or. en

Amendment 194

Tobias Cremer

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned. The Commission shall submit a report to the Council and the European Parliament providing transparency about the reasoning behind the decisions for the projects selected for funding.

Or. en

Amendment 195

Inese Vaidere

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks. A certain part of the funding should be earmarked and preference should be given to proposals submitted by applicants from the to those Member States most exposed to the risk of materialisation of conventional military threats, invasion and hyber-attacks. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.

Or. en

Amendment 196

Michael Gahler

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations through strengthening security of supply, inter alia through diversification of production facilities throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.

Or. en

Amendment 197

Juan Ignacio Zoido Álvarez, Pilar del Castillo Vera, Antonio López-Istúriz White, Susana Solís Pérez

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional or non-conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.

Or. en

Amendment 198

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, and associated countries and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.

Or. en

Amendment 199

Georgiana Teodorescu

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States and associated countries and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalisation companies (small mid-caps) operating in the supply chains concerned.

Or. ro

Amendment 200

José Cepeda, Javi López, Lina Gálvez, Nicolás González Casares, Laura Ballarín Cereza, Elena Sancho Murillo

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and small middle capitalization companies (small mid-caps) operating in the supply chains concerned.	(24) When assessing proposals submitted by applicants, the Commission should pay particular attention to their contribution to the objectives of the Programme. The proposals should be assessed, in particular, against their contribution to the increase in defence industrial readiness, in particular increasing production capacities and eliminating bottlenecks. They should also be assessed against their contribution to fostering defence industrial resilience, by reference to considerations such as timely availability and supply to all locations, strengthening security of supply throughout the Union in response to identified risks, including in particular to those Member States most exposed to the risk of materialisation of conventional military threats. Assessments should also refer to the contribution to defence industrial cooperation through genuine armament cooperation among Member States, associated countries and Ukraine and the development and the operationalisation of cross-border cooperation of undertakings, in particular, to a significant extent, small and medium-sized enterprises (SMEs) and middle capitalization companies (mid-caps) operating in the supply chains concerned.

Or. en

Amendment 201

Riho Terras, Jüri Ratas

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission	Amendment
	(24 a) The Commission should pay particular attention to keeping administrative burden at a minimum, in order to ensure competitiveness of EU undertakings, especially for SMEs and small mid-caps as these entities have more limited resources to deal with administrative burden and the cost of compliance.

Or. en

Amendment 202

Eszter Lakos

Proposal for a regulation

Recital 25

Text proposed by the Commission	Amendment
(25) When designing, awarding and implementing Union financial support, the Commission should pay particular attention to ensuring that such support does not adversely affect the conditions of competition in the internal market.	(25) When designing, awarding and implementing Union financial support, the Commission should pay particular attention to ensuring that such support benefit not only major defence industry players but also other companies, including SMEs, mid-caps, and those industries that do not fall within these categories but are considerably smaller in comparison with the multinational companies that can act as prime-contractors in joint capabilities development initiatives, thus reinforcing the whole supply-chain and spreading the benefits of the reinforced cooperation to the largest possible number of Member States, taking into account the specificities of their national defence industries and operational requirements, and that it does not adversely affect the conditions of competition in the internal market

Or. en

Amendment 203

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 25

Text proposed by the Commission	Amendment
(25) When designing, awarding and implementing Union financial support, the Commission should pay particular attention to ensuring that such support does not adversely affect the conditions of competition in the internal market.	(25) When designing, awarding and implementing Union financial support, the Commission should pay particular attention to ensuring that such support does not adversely affect the conditions of competition in the internal market and does not favour some states over others.

Or. en

Amendment 204

Tom Berendsen

Proposal for a regulation

Recital 25 a (new)

Text proposed by the Commission	Amendment
	(25 a) Access to information on potential integration opportunities to the supply chain of key defence products is crucial for small and medium-sized enterprises (SMEs). In order to grant effective and timely involvement of SMEs in projects, the Commission sets up a SME-participation-platform providing transparency on upcoming cross-border contract and partnership opportunities, relevant timelines, deadlines and points of contact to ensure.

Or. en

Amendment 205

Michalis Hadjipantela, Loucas Fourlas

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission	Amendment
	(28 a) Recognition of all Member States constitutes a pre-requisite for a third country to be included in EU collaborative projects.

Or. en

Amendment 206

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 29

Text proposed by the Commission	Amendment
(29) Building inter alia on the experience of the defence equity facility, established in the context of the European Defence Fund as an InvestEU blending operation, the Commission should endeavour to set up a dedicated facility as part of the Programme to be referred to as the ‘Fund for the acceleration of defence supply chain transformation (‘FAST’)’. FAST should be implemented under indirect management. FAST will leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of EU-based SMEs and small mid-caps, in the form of a blending operation offering support in the form of debt and/or equity. FAST should be established as a blending operation, including under the InvestEU Programme established by Regulation (EU) 2021/523 of the European Parliament and Council (20), in close cooperation with its implementing partners.	(29) Building inter alia on the experience of the defence equity facility, established in the context of the European Defence Fund as an InvestEU blending operation, the Commission should endeavour to set up a dedicated facility as part of the Programme to be referred to as the ‘Fund for the acceleration of defence supply chain transformation (‘FAST’)’. FAST should be implemented under indirect management. FAST will leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of EU-based SMEs, start-ups, scale-ups and small mid-caps, in the form of a blending operation offering support in the form of debt and/or equity. FAST should be established, following in-depth consultation with the representatives of the EU-based SMEs, as a blending operation, including under the InvestEU Programme established by Regulation (EU) 2021/523 of the European Parliament and Council (20), in close cooperation with its implementing partners.

Or. en

Amendment 207

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) FAST should achieve a satisfactory multiplier effect in line with the debt and equity mix and contribute to attracting both public and private-sector financing. In order to contribute to the overall objective of enhancing the EDTIB’s competitiveness, FAST should also provide support to SMEs (including start-ups and scale-ups) and small mid-caps across the EU, manufacturing defence technologies and products as well as companies actually or potentially part of the defence industry’s supply chain, facing difficulties in accessing finance. FAST should as well accelerate investment in the field of manufacturing defence technologies and products, and therefore strengthen the security of supply of the Union’s defence industry value chains.	(30) FAST should achieve a satisfactory multiplier effect in line with the debt and equity mix and contribute to attracting both public and private-sector financing. In order to contribute to the overall objective of enhancing the EDTIB’s competitiveness, FAST should also provide support to SMEs (including start-ups and scale-ups) and small mid-caps across the EU, manufacturing defence technologies and products as well as companies actually or potentially part of the defence industry’s supply chain, facing difficulties in accessing finance. FAST should also encourage and support Member States to expedite patenting procedures for new products, where appropriate, for rapid application in practice, and subsequently accelerate investment in the field of manufacturing defence technologies and products, and therefore strengthen the security of supply of the Union’s defence industry value chains.

Or. en

Amendment 208

Sebastiaan Stöteler, Pierre-Romain Thionnet

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) FAST should achieve a satisfactory multiplier effect in line with the debt and equity mix and contribute to attracting both public and private-sector financing. In order to contribute to the overall objective of enhancing the EDTIB’s competitiveness, FAST should also provide support to SMEs (including start-ups and scale-ups) and small mid-caps across the EU, manufacturing defence technologies and products as well as companies actually or potentially part of the defence industry’s supply chain, facing difficulties in accessing finance. FAST should as well accelerate investment in the field of manufacturing defence technologies and products, and therefore strengthen the security of supply of the Union’s defence industry value chains.	(30) FAST should achieve a satisfactory multiplier effect in line with the debt and equity mix and contribute to attracting public and in particular, to a significant extent, private-sector financing by removing investment barriers and actively encouraging private sector involvement by all available means. In order to contribute to the overall objective of enhancing the EDTIB’s competitiveness, FAST should also provide support to SMEs (including start-ups and scale-ups) and small mid-caps across the EU, manufacturing defence technologies and products as well as companies actually or potentially part of the defence industry’s supply chain, facing difficulties in accessing finance. FAST should as well accelerate investment in the field of manufacturing defence technologies and products, and therefore strengthen the security of supply of the Union’s defence industry value chains.

Or. en

Amendment 209

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO	(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. In addition, existence of numerous different key defence products fulfilling similar operational duties across the Union, such as weapon systems like main battle tanks, armoured infantry infighting vehicles, or tactical combat aircraft, is a source of extreme inefficiency in public spending, and a significant hurdle to interoperability and interchangeability. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation, and market integration and consolidation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO. SEAPs should also have the capacity to undertake additional activities essential for achieving their objectives, including those related to infrastructure directly supporting defence capabilities. Furthermore, Member States forming or joining a SEAP should coordinate their control of exports of the relevant defence products.

Or. en

Amendment 210

Michael Gahler

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO	(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure joint targeted efforts with regard to capability priorities and achieving defence readiness by 2030 as well as continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular with regard to the actions foreseen in the White Paper and identified capability priorities in the context of the Defence Investment Gaps Analysis, the Capability Development Plan (CDP) and projects within PESCO.

Or. en

Amendment 211

Sebastiaan Stöteler, Pierre-Romain Thionnet

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO	(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence industrial cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO and shall profit from coordination with the NATO defence planning process to ensure complementarity of efforts.

Or. en

Amendment 212

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO	(31) Cooperative armament programmes in the Union face significant challenges, being mostly set up on ad hoc basis and being plagued by complexity, delays and cost overruns. To remediate this situation and ensure continuous Member States’ commitment throughout the whole life cycle of defence capabilities, a more structured approach and a stronger recognition of cross-border activities is required at EU level. To make this happen, the Commission should support Member States’ efforts by making available a new legal framework – the Structure for European Armament Programme (SEAP) - to underpin and strengthen defence cooperation. Actions undertaken in this framework should be mutually reinforcing with those carried out under the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan (CDP) and of PESCO

Or. en

Amendment 213

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31 a) Defence products and capacities having receibed EU funding through this Program should also follow common export rules and criteria, as they are already established in the Common Position 2008/944/CFSP. Special attention should be given to the criterion 5 on the national security of the Member States and of territories whose external relations are the responsibility of a Member State.

Or. en

Amendment 214

Marc Botenga

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) Within this Structure for European Armament Programme, Member States should benefit from standardised procedures for initiating and managing cooperative defence programmes. A cooperation under this framework should also allow Member States, under certain conditions, to benefit from an increased funding rate, simplified and harmonised procurement procedures, and, where Member States jointly own the procured equipment, a VAT exemption. The international organisation status should also allow Member States, if they wish so, to issue bonds to ensure the long-term financing plan of armament programmes. While the Union would not be liable for debt issuance by Member States, contributions under EDIP to the functioning of SEAP might improve the conditions for financing by the Member States of the armament programmes, which are eligible for Union support.	(32) Within this Structure for European Armament Programme, Member States should benefit from standardised procedures for initiating and managing cooperative defence programmes.

Or. en

Amendment 215

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 32

Text proposed by the Commission	Amendment
(32) Within this Structure for European Armament Programme, Member States should benefit from standardised procedures for initiating and managing cooperative defence programmes. A cooperation under this framework should also allow Member States, under certain conditions, to benefit from an increased funding rate, simplified and harmonised procurement procedures, and, where Member States jointly own the procured equipment, a VAT exemption. The international organisation status should also allow Member States, if they wish so, to issue bonds to ensure the long-term financing plan of armament programmes. While the Union would not be liable for debt issuance by Member States, contributions under EDIP to the functioning of SEAP might improve the conditions for financing by the Member States of the armament programmes, which are eligible for Union support.	(32) Within this Structure for European Armament Programme, Member States should benefit from standardised procedures for initiating and managing cooperative defence programmes. A cooperation under this framework should also allow Member States, under certain conditions, to benefit from an increased funding rate, simplified and harmonised procurement procedures, and, where Member States jointly own the procured equipment, a VAT exemption. The international organisation status should also allow Member States, if they wish so, to issue bonds to ensure the long-term financing plan of armament programmes. While the Union would not be liable for debt issuance by Member States, contributions under EDIP to the functioning of SEAP might improve the conditions for financing by the Member States of the armament programmes, which are eligible for Union support. Furthermore, in the context of SEAPs, specific criteria should also be considered that favour Member States located in proximity to conventional military confrontation zones. This approach would contribute to a geographically balanced development of the European defence technological and industrial base, ensuring that frontline states from the Eastern European flank receive additional support to address heightened security challenges.

Or. en

Amendment 216

Michael Gahler

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.	(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, possibly together with associated countries or Ukraine willing to set up a SEAP to submit an application to the Commission which should together with the European Defence Agency assess, whether the proposed statutes of the armament programme are in conformity with this Regulation, notably with regard to identified capability priorities. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up

Or. en

Amendment 217

Petras Auštrevičius

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.	(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine, or potentially other EU candidate countries, willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.

Or. en

Amendment 218

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.	(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine or Moldova willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.

Or. en

Amendment 219

Georgiana Teodorescu

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States, associated countries or Ukraine willing to set up a SEAP to submit an application to the Commission which should assess, whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.	(33) In order to permit an efficient procedure for the setting-up of a SEAP, it is necessary for the Member States or associated countries willing to set up a SEAP to submit an application to the Commission, which should assess whether the proposed statutes of the armament programme are in conformity with this Regulation. Such an application should contain a declaration of the host Member State recognising the SEAP as an international body or organisation for the purpose of the application of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, as of its setting up.

Or. ro

Amendment 220

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Membership of a SEAP should comprise at least three Member States and may include associated countries and Ukraine.	(36) Membership of a SEAP should ensure inclusivity and adaptability to regional security contexts; therefore, it should include a certain degree of flexibility regarding the minimum number of participating Member States, allowing participation starting from at least two Member States, and may also include associated countries and Ukraine or Moldova.

Or. en

Amendment 221

Petras Auštrevičius

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Membership of a SEAP should comprise at least three Member States and may include associated countries and Ukraine.	(36) Membership of a SEAP should comprise at least three Member States and may include associated countries and Ukraine, and potentially other EU candidate countries.

Or. en

Amendment 222

Roberto Vannacci

Proposal for a regulation

Recital 36

Text proposed by the Commission	Amendment
(36) Membership of a SEAP should comprise at least three Member States and may include associated countries and Ukraine.	(36) Membership of a SEAP should comprise at least three Member States and may include associated countries.

Or. en

Amendment 223

Michael Gahler

Proposal for a regulation

Recital 39

Text proposed by the Commission	Amendment
(39) A SEAP should be able to appoint a Procurement Agent acting in its own name. A SEAP should be able to procure defence products on its own behalf or on behalf of its members. In the case it procures on its own behalf, the SEAP should be considered as an international organisation purchasing for its own purposes within the meaning of Article 12(c) of Directive 2009/81/EC in conformity with State aid rules. Where it procures on behalf of its members, in order to ensure an adequate incentive for Member States to engage in a cooperation within the SEAP, the SEAP should be able to define its own rules of procurement by derogation to Directive 2009/81/EC. These rules should ensure compliance with EU primary law principles applicable to procurement, in particular those of transparency, non-discrimination and competition.	(39) A SEAP should be able to appoint a Procurement Agent acting in its own name. A SEAP should be able to procure defence products on its own behalf or on behalf of its members. In the case it procures on its own behalf, the SEAP should be considered as an international organisation purchasing for its own purposes within the meaning of Article 12(c) of Directive 2009/81/EC in conformity with State aid rules. Where it procures on behalf of its members, in order to ensure an adequate incentive for Member States to engage in a cooperation within the SEAP, the SEAP should be able to define its own rules of procurement by derogation to Directive 2009/81/EC. These rules should ensure compliance with EU primary law principles applicable to procurement, in particular those of transparency, non-discrimination and competition. Furthermore, Member States participating in a SEAP should be enouraged to develop a joint and mutually recognised certification scheme facilitating the introduction of defence products into their armed forces.

Or. en

Amendment 224

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation.	(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation, provided that such use of cohesion resources does not reduce funding for the Policy’s primary objective of reducing disparities between regions and cities in the European Union, thus in the detriment of supporting job creation, business competitiveness, economic growth, sustainable development and improving citizens' quality of life.

Or. en

Amendment 225

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation.	(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation, in a reasonable proportion and without affecting existing or future cohesion programmes.

Or. en

Amendment 226

Marc Botenga

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation.	(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046.

Or. en

Amendment 227

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 40

Text proposed by the Commission	Amendment
(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046. Funding under the Cohesion Policy could also be possible, in conformity with the relevant Community legislation.	(40) A SEAP could qualify for funding in accordance with Title VI of the Regulation (EU, Euratom) No 2018/1046.

Or. en

Amendment 228

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 42

Text proposed by the Commission	Amendment
(42) Since a SEAP is established under Union law, it should be governed by Union law, in addition to the law of the State where it has its statutory seat. However, the SEAP could have a place of operation in another State. The law of that latter State should apply in respect of specific matters defined by the Statutes of the SEAP. Furthermore, a SEAP should be governed by implementing rules complying with the Statutes.	(42) Since a SEAP is established under Union law, it should be governed by Union law, in addition to the law of the State where it has its statutory seat. However, the SEAP may, however, have an operational headquarters in another state of the European Union or the European Economic Area. The law of that latter State should apply in respect of specific matters defined by the Statutes of the SEAP. Furthermore, a SEAP should be governed by implementing rules complying with the Statutes.

Or. en

Amendment 229

Michael Gahler

Proposal for a regulation

Recital 43

Text proposed by the Commission	Amendment
(43) In order to ensure sufficient control of compliance with this Regulation, a SEAP should transmit to the Commission and relevant public authorities its annual report and any information about circumstances threatening to seriously jeopardise the achievement of its tasks. If the Commission obtains indications, through the annual report or otherwise, that the SEAP acts in serious breach of this Regulation or other applicable law, it should request explanations and/or actions from the SEAP and/or its members. In extreme cases and if no remedial action is taken, the Commission could repeal the decision setting up the SEAP, thus triggering the winding-up of the SEAP.	(43) In order to ensure sufficient control of compliance with this Regulation, a SEAP should transmit to the Commission and relevant public authorities, notably the European Defence Agency and the European Parliament in cases where Union funding has been provided, its annual report and any information about circumstances threatening to seriously jeopardise the achievement of its tasks. If the Commission and the European Defence Agency obtain indications, through the annual report or otherwise, that the SEAP acts in serious breach of this Regulation or other applicable law, it should request explanations and/or actions from the SEAP and/or its members. In extreme cases and if no remedial action is taken, the Commission after informing the European Parliament may exclude the SEAP from further support through the Union budget.

Or. en

Amendment 230

Jan Farský

Proposal for a regulation

Recital 44 a (new)

Text proposed by the Commission	Amendment
	(44 a) With support from the Programme and the Ukraine Support Instrument, Member States, associated countries and Ukraine should be able to establish, manage and maintain defence industrial readiness pools (the ‘pools’) made up of defence products which Member States, associated countries, and Ukraine could easily purchase or use, for the purpose of strengthening the competitiveness of the EDTIB and the reconstruction, recovery and modernisation of the Ukrainian DTIB. Such pools, consisting of stocks of defence products procured from the EDTIB or the Ukrainian DTIB, would attract demand and increase predictability for the defence sector. They would give positive signals to the Union and the Ukrainian industry, incentivising them to produce defence products and to invest for the purpose of strengthening industrial capacities in that sector. Furthermore, the pools would improve the security of supply of defence products for Member States by improving product availability and reducing delivery lead times, including in supply crisis situations.

Or. en

Amendment 231

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 46

Text proposed by the Commission	Amendment
(46) To pursue the general public policy objective of security, it is necessary that production facilities related to the production of relevant defence products are set up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of plants and installations for the production of relevant defence products in the most rapid manner possible. Such applications should be given priority when balancing legal interests in the individual case.	(46) To pursue the general public policy objective of security, it is necessary that production facilities related to the production of relevant defence products are set up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction, including the redevelopment and/or conversion of existing structures, including by attracting qualified personnel form Member States and their urgent retraining of the necessary workforce, where appropriate, together with the operation of plants and installations for the production of relevant defence products already existing in the Member States. Priority must be given to the employment of European Union citizens in all these structures in order to reduce unemployment and avoid depopulation of EU regions. Such applications should be given priority when balancing legal interests in the individual case.

Or. en

Amendment 232

Michael Gahler

Proposal for a regulation

Recital 46

Text proposed by the Commission	Amendment
(46) To pursue the general public policy objective of security, it is necessary that production facilities related to the production of relevant defence products are set up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of plants and installations for the production of relevant defence products in the most rapid manner possible. Such applications should be given priority when balancing legal interests in the individual case.	(46) To pursue the general public policy objective of security of supply, it is necessary that production facilities related to the production of relevant defence products are set up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of plants and installations for the production of relevant defence products in the most rapid manner possible. Such applications should be given priority when balancing legal interests in the individual case.

Or. en

Amendment 233

Alexandr Vondra, Ondřej Krutílek

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission	Amendment
	(46 a) In order to strenghten Security of Supply regime, the EU together with Member States can support the creation of strategic stockpiles and defence industrial readiness pool through three action lines. First, by supporting industrial actions for the development of cross-border industrial partnerships to coordinate reserves of defence products, components and related raw materials. Second, by supporting procurement actions to build strategic reserves of relevant components and raw materials. Third, by supporting the creation of optimally located strategic reserves and/or Defence Industrial Readiness pools of EU-made defence products.

Or. en

Amendment 234

Marc Botenga

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission	Amendment
	(46 a) To pursue the general public policy objective of security, Member States should prioritise policy and investment in health, education, green mobility, climate adaptation and mitigation, biodiversity, food security and digital transition.

Or. en

Amendment 235

Georgiana Teodorescu

Proposal for a regulation

Recital 46 a (new)

Text proposed by the Commission	Amendment
	(46a) Priority should be given to industries which make products for military use that can easily be converted to products for civilian use when the military alert level in the EU and its vicinity decreases.

Or. ro

Amendment 236

Marc Botenga

Proposal for a regulation

Recital 47

Text proposed by the Commission	Amendment
(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise the environment, health and safety.	deleted

Or. en

Amendment 237

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 47

Text proposed by the Commission	Amendment
(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise the environment, health and safety.	deleted

Or. en

Amendment 238

Michael Gahler

Proposal for a regulation

Recital 47

Text proposed by the Commission	Amendment
(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise the environment, health and safety.	(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise basic conditions of environmental protection, health and safety while ensuring the balance to the overriding public interest of achieving defence readiness by 2030.

Or. en

Amendment 239

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 47

Text proposed by the Commission	Amendment
(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise the environment, health and safety.	(47) In view of the objective of this Regulation, and of the emergency situation and the exceptional context of its adoption, Member States should consider using defence-related exemptions under national and applicable Union law, on a case-by-case basis, if they deem that the use of such exemptions would facilitate the achievement of that objective, but without abusing this instrument to the detriment of other sectors or fields of activity. That could in particular apply to Union law concerning environmental, health and safety issues, which is indispensable to improving the protection of human health and the environment, as well as to achieving a sustainable and safe development. However, the implementation of that law could also produce regulatory barriers hampering the Union defence industry’s potential to ramp up the production and deliveries of relevant defence products. It is a collective responsibility for the Union and its Member States to urgently look into any action they could take to mitigate possible obstacles. Any such action, whether at Union, regional, or national level, should not compromise the environment, health and safety.

Or. en

Amendment 240

Marc Botenga

Proposal for a regulation

Recital 48

Text proposed by the Commission	Amendment
(48) Directive 2009/81/EC of the European Parliament and of the Council aims at harmonising procurement procedures for the award of public contracts in the field of defence and security thus enabling the security requirements of Member States and the obligations arising from the TFEU to be met. That Directive contains, in particular, specific provisions governing situations of urgency resulting from a crisis, in particular shortened periods for the receipt of tenders and the possibility to use the negotiated procedure without prior publication of a contract notice. However, in extreme urgency, in particular during supply and security crises, these rules could be incompatible even with those provisions in cases where two or more Member States intend to engage in a common procurement. In some cases, the only solution that ensures the security interests of those Member States is to open an existing framework agreement to contracting authorities/entities of Member States that were not originally party to it, even though that possibility had not been provided for in the original framework agreement.	(48) Directive 2009/81/EC of the European Parliament and of the Council aims at harmonising procurement procedures for the award of public contracts in the field of defence and security thus enabling the security requirements of Member States and the obligations arising from the TFEU to be met. That Directive contains, in particular, specific provisions governing situations of urgency resulting from a crisis, in particular shortened periods for the receipt of tenders and the possibility to use the negotiated procedure without prior publication of a contract notice. These provisions should be adhered to in any circumstance.

Or. en

Amendment 241

Michael Gahler

Proposal for a regulation

Recital 48

Text proposed by the Commission	Amendment
(48) Directive 2009/81/EC of the European Parliament and of the Council aims at harmonising procurement procedures for the award of public contracts in the field of defence and security thus enabling the security requirements of Member States and the obligations arising from the TFEU to be met. That Directive contains, in particular, specific provisions governing situations of urgency resulting from a crisis, in particular shortened periods for the receipt of tenders and the possibility to use the negotiated procedure without prior publication of a contract notice. However, in extreme urgency, in particular during supply and security crises, these rules could be incompatible even with those provisions in cases where two or more Member States intend to engage in a common procurement. In some cases, the only solution that ensures the security interests of those Member States is to open an existing framework agreement to contracting authorities/entities of Member States that were not originally party to it, even though that possibility had not been provided for in the original framework agreement.	(48) Directive 2009/81/EC of the European Parliament and of the Council aims at harmonising procurement procedures for the award of public contracts in the field of defence and security thus enabling the security requirements of Member States and the obligations arising from the TFEU to be met. That Directive contains, in particular, specific provisions governing situations of urgency resulting from a crisis, in particular shortened periods for the receipt of tenders and the possibility to use the negotiated procedure without prior publication of a contract notice. However, in extreme urgency, in particular during supply and security crises, these rules could be incompatible even with those provisions in cases where two or more Member States intend to engage in a common procurement. In some cases, the only solution that ensures the security interests of those Member States is to open an existing framework agreement to contracting authorities/entities of Member States and economic entities inside the Union that were not originally party to it, even though that possibility had not been provided for in the original framework agreement.

Or. en

Amendment 242

Adam Bielan, Elena Donazzan

on behalf of the ECR Group

Proposal for a regulation

Recital 51

Text proposed by the Commission	Amendment
(51) It is therefore necessary to set up a modular and gradual EU Security of Supply regime to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. Such a regime should enable the EU and its Member States to anticipate and address the consequences of supply crises, where shortages of civilian or dual-use components, or of raw materials, seriously threaten the timely availability and supply of defence products , and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of certain defence products.	(51) It is therefore necessary to set up a modular and gradual EU Security of Supply regime to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. This regime should be firmly anchored in the principles of subsidiarity and proportionality, reinforcing the central role of Member States while fostering voluntary cooperation and structured coordination at the Union level. Such a regime should enable Member States to anticipate and address the consequences of supply crises, where shortages of civilian or dual-use components, or of raw materials, seriously threaten the timely availability and supply of defence products , and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of certain defence products.

Or. en

Amendment 243

Michael Gahler

Proposal for a regulation

Recital 51

Text proposed by the Commission	Amendment
(51) It is therefore necessary to set up a modular and gradual EU Security of Supply regime to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. Such a regime should enable the EU and its Member States to anticipate and address the consequences of supply crises, where shortages of civilian or dual-use components, or of raw materials, seriously threaten the timely availability and supply of defence products , and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of certain defence products.	(51) It is therefore necessary to set up an EU Security of Supply regime for defence-relevant products to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. Such a regime should enable the EU and its Member States to anticipate and address the consequences of supply crises, where shortages of dual-use components, or of raw materials, seriously threaten the timely availability and supply of defence products , and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of certain defence products.

Or. en

Amendment 244

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 51

Text proposed by the Commission	Amendment
(51) It is therefore necessary to set up a modular and gradual EU Security of Supply regime to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. Such a regime should enable the EU and its Member States to anticipate and address the consequences of supply crises, where shortages of civilian or dual-use components, or of raw materials, seriously threaten the timely availability and supply of defence products , and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of certain defence products.	(51) It is therefore necessary to set up a modular and gradual EU Security of Supply regime to enhance solidarity and effectiveness in response to tensions along the supply chains or to security crises and allow for the timely identification of potential bottlenecks. Such a regime should enable the EU and its Member States to anticipate and address the consequences of supply crises, where shortages of civilian or dual-use components, or of raw materials, seriously threaten the timely availability and supply of key defence products, and also the consequences of supply crises which are directly linked to the existence of a security crisis within the Union or its neighbourhood and which result in shortages of such defence products.

Or. en

Amendment 245

Jaroslava Pokorná Jermanová

Proposal for a regulation

Recital 51 a (new)

Text proposed by the Commission	Amendment
	(51 a) It is crucial to support the development and scaling-up of dual-use technologies, provided such technologies significantly contribute to the objectives of EDIP. Priority shall be given to areas such as autonomous systems, artificial intelligence, advanced electronics, and cybersecurity, particularly where existing EU technological capabilities demonstrate strategic potential.

Or. en

Amendment 246

Bruno Gonçalves

Proposal for a regulation

Recital 51 a (new)

Text proposed by the Commission	Amendment
	(51 a) Considering the importance of developing dual-use technology, software and infrastructure in order to boost innovation with commercial applicability, which supports European competitiveness, relevant EU requirements on sustainability should be taken into account when possible;

Or. en

Amendment 247

Michael Gahler

Proposal for a regulation

Recital 52

Text proposed by the Commission	Amendment
(52) To enable anticipation of potential shortages, national competent authorities should alert the Commission if they become aware of a risk of serious disruption in the supply of crisis relevant products or have concrete and reliable information of any other relevant risk factor or event materialising. In order to ensure a coordinated approach, the Commission should, where it learns of a risk of serious disruption in the supply of defence products or has concrete or reliable information of any other relevant risk factor or event materialising, convene an extraordinary meeting of the Defence Industrial Readiness Board to discuss the severity of the disruptions and possible initiating of the procedure for activating the supply crisis state, and whether it may be appropriate, necessary and proportionate for Member States to enter into dialogue with stakeholders, with a view to identifying, preparing and possibly coordinating such preventive measures. The Commission should, where relevant, consult and cooperate with relevant third countries with a view to jointly addressing supply-chain disruptions, in compliance with international obligations and without prejudice to procedural requirements.	(52) To enable anticipation of potential shortages, national competent authorities should alert the Defence Industrial Readiness Board if they become aware of a risk of serious disruption in the supply of crisis relevant products or have concrete and reliable information of any other relevant risk factor or event materialising. In order to ensure a coordinated approach, the Commission in close cooperation with the European Defence Agency should, where it learns of a risk of serious disruption in the supply of defence products or has concrete or reliable information of any other relevant risk factor or event materialising, convene an extraordinary meeting of the Defence Industrial Readiness Board to discuss the severity of the disruptions and possible initiating of the procedure for activating the supply crisis state, and whether it may be appropriate, necessary and proportionate for Member States to enter into dialogue with stakeholders, with a view to identifying, preparing and possibly coordinating such preventive measures. The Commission should, where relevant, consult and cooperate with relevant third countries with a view to jointly addressing supply-chain disruptions, in compliance with international obligations and without prejudice to procedural requirements.

Or. en

Amendment 248

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 53

Text proposed by the Commission	Amendment
(53) In light of the complexities of defence supply chains and the risk of shortages in a foreseeable future, this Regulation should provide instruments for a coordinated approach to mapping and monitoring of the supply chains of certain defence products and effectively tackling possible market disruptions in a proportionate manner.	(53) In light of the complexities of defence supply chains and the risk of shortages in a foreseeable future, this Regulation should provide instruments for a coordinated approach to mapping and monitoring of the supply chains of certain defence products going as far as developing lists of short- and medium-term parts and product requirements that can be kept in stock to avoid production disruptions, as well as identifying short- and medium-term rapid intervention solutions to effectively tackling possible market disruptions in a proportionate manner.

Or. en

Amendment 249

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 53

Text proposed by the Commission	Amendment
(53) In light of the complexities of defence supply chains and the risk of shortages in a foreseeable future, this Regulation should provide instruments for a coordinated approach to mapping and monitoring of the supply chains of certain defence products and effectively tackling possible market disruptions in a proportionate manner.	(53) In light of the complexities of defence supply chains and the risk of shortages in a foreseeable future, this Regulation should provide instruments for a coordinated approach to mapping and monitoring of the supply chains of key defence products and effectively tackling possible market disruptions in a proportionate manner. It should also foresee a risk preparedness mechanism to increase resilience of EDTIB for the supply of key defence products.

Or. en

Amendment 250

Michael Gahler

Proposal for a regulation

Recital 54

Text proposed by the Commission	Amendment
(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, the Commission should identify products, components as well as raw materials that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.	(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, the Commission in close cooperation with European Defence Agency should aggregate information provided by Member States in order to identify products, components as well as raw materials that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.

Or. en

Amendment 251

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 54

Text proposed by the Commission	Amendment
(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, the Commission should identify products, components as well as raw materials that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.	(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, based on the request of the national competent authorities, the Commission should identify products, components as well as raw materials that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.

Or. en

Amendment 252

Pekka Toveri, Niels Flemming Hansen, Tomas Tobé, Alice Teodorescu Måwe, Aura Salla, Mika Aaltola

Proposal for a regulation

Recital 54

Text proposed by the Commission	Amendment
(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, the Commission should identify products, components as well as raw materials that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.	(54) The objective of a mapping of the Union’s defence supply chains should be to provide an analysis of their strengths and weaknesses with a view to ensure security of supply and resilience. To that end, the Commission should identify products, components as well as raw materials and their replacements that are deemed critical for the supply of defence products particularly important for the defence interests of the Union and its Member States (crisis-relevant products), based on the inputs and advice from the Defence Industrial Readiness Board. The mapping should be based on publicly and commercially available data and, if necessary, on data obtained through voluntary information requests of undertakings, in consultation with the Defence Industrial Readiness Board.

Or. en

Amendment 253

Pekka Toveri, Niels Flemming Hansen, Tomas Tobé, Alice Teodorescu Måwe, Aura Salla, Mika Aaltola

Proposal for a regulation

Recital 55

Text proposed by the Commission	Amendment
(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, the Commission should, assisted by the Defence Industrial Readiness Board and on the basis of the outcome of the mapping, identify and develop a list of early warning indicators. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities of the Commission should focus on these early warning indicators.	(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, the Commission should, assisted by the Defence Industrial Readiness Board and on the basis of the outcome of the mapping, identify and develop a list of early warning indicators, including dependencies with authoritarian and unfriendly governments. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities of the Commission should focus on these early warning indicators.

Or. en

Amendment 254

Michael Gahler

Proposal for a regulation

Recital 55

Text proposed by the Commission	Amendment
(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, the Commission should, assisted by the Defence Industrial Readiness Board and on the basis of the outcome of the mapping, identify and develop a list of early warning indicators. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities of the Commission should focus on these early warning indicators.	(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, the Commission in close cooperation with the European Defence Agency should, assist the Defence Industrial Readiness Board on the basis of the outcome of the mapping by identifying and developing a list of early warning indicators. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities of the Commission should focus on these early warning indicators.

Or. en

Amendment 255

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 55

Text proposed by the Commission	Amendment
(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, the Commission should, assisted by the Defence Industrial Readiness Board and on the basis of the outcome of the mapping, identify and develop a list of early warning indicators. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities of the Commission should focus on these early warning indicators.	(55) In order to forecast and prepare for future disruptions of the different stages of the Union’s defence supply chains and of trade within the Union, based on the request of the national competent authorities, the Commission should, assisted by the Defence Industrial Readiness Board and on the basis of the outcome of the mapping, identify and develop a list of early warning indicators. Such indicators could include atypical increases in lead time, the availability of raw materials, intermediate products and human capital needed for manufacturing crisis-relevant products, or appropriate manufacturing equipment, forecasted demand, price surges exceeding normal price fluctuation, the effect of security crises, accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade-related measures, and the effect of business closures, offshoring or acquisitions of key market actors. Monitoring activities should focus on these early warning indicators.

Or. en

Amendment 256

Juan Ignacio Zoido Álvarez, Pilar del Castillo Vera, Antonio López-Istúriz White, Susana Solís Pérez

Proposal for a regulation

Recital 55 a (new)

Text proposed by the Commission	Amendment
	(55 a) To contribute to achieving the programme’s objectives and ensure coordinated and effective action, pooling all existing capabilities linked to the objective of supporting industry in adapting to structural changes, boosting capabilities and opening up supply chains, particularly as regards SMEs and mid-caps, the Defence Industrial Preparedness Board shall ensure that representatives of regional ecosystems are involved in the structured dialogue with the defence industry. The ultimate objective shall be to promote value-added communication channels in order to reach all industry players, from the smallest to the largest, so as to boost crisis preparedness.

Or. en

Amendment 257

Michael Gahler

Proposal for a regulation

Recital 56

Text proposed by the Commission	Amendment
(56) In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission should provide for standardised and secure means for any information collection. These means should ensure that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.	(56) In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission should provide for standardised and secure means for any information collection as well as for financial compensation in cases of information requests upon SMEs and mid-caps . It should also be ensured that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.

Or. en

Amendment 258

Merja Kyllönen

Proposal for a regulation

Recital 56

Text proposed by the Commission	Amendment
(56) In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission should provide for standardised and secure means for any information collection. These means should ensure that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.	(56) In order to minimise the administrative and financial burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission should provide for standardised and secure means for any information collection. These means should ensure that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.

Or. fi

Amendment 259

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 56

Text proposed by the Commission	Amendment
(56) In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission should provide for standardised and secure means for any information collection. These means should ensure that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.	(56) In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled in a meaningful way, the Commission and the Member States should provide for standardised and secure means for any information collection. These means should ensure that any collected information is treated confidentially, ensuring business secrecy and cybersecurity.

Or. en

Amendment 260

Merja Kyllönen

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) On this basis, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.	(57) On this basis, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof. Regular reporting should not place an unnecessary administrative burden on the Member States or their undertakings.

Or. fi

Amendment 261

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) On this basis, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.	(57) On this basis, based on the request of the national competent authorities, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.

Or. en

Amendment 262

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) On this basis, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.	(57) On this basis, the Commission and the Member States should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission and the Member States should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.

Or. en

Amendment 263

Michael Gahler

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) On this basis, the Commission should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.	(57) On this basis, the Commission together with the European Defence Agency should draw up a list, identifying the crisis-relevant defence products, raw materials or components thereof, that are affected by disruptions or potential disruptions of the functioning of the Single Market and its supply chains leading to significant shortages. The Commission should regularly update this list, to focus only on possible disruptions or bottlenecks affecting the security of supply of relevant defence products, as well as raw materials and components thereof.

Or. en

Amendment 264

Hans Neuhoff

Proposal for a regulation

Recital 58

Text proposed by the Commission	Amendment
(58) Due to the sensitive nature of the decision to activate the supply-crisis state or the security-related supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council.	(58) Due to the sensitive nature of the decision to activate the supply-crisis state or the security-related supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council, subject to prior consultation of the European Parliament and in particular the Committee on Security and Defence.

Or. en

Justification

Ensures democratic legitimacy and includes SEDE in crisis-related decisions with potential far-reaching impact.

Amendment 265

Michael Gahler

Proposal for a regulation

Recital 58

Text proposed by the Commission	Amendment
(58) Due to the sensitive nature of the decision to activate the supply-crisis state or the security-related supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council.	(58) Due to the sensitive nature of the decision to activate the supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council.

Or. en

Amendment 266

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 58

Text proposed by the Commission	Amendment
(58) Due to the sensitive nature of the decision to activate the supply-crisis state or the security-related supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council.	(58) Due to the sensitive nature of the decision to activate the supply-crisis state and of the potential measures that may be taken in response thereof, including the significant impact which such measures might have on private undertakings in the Union, the power to adopt an implementing act as regards activating, prolonging and terminating these states should be conferred on the Council.

Or. en

Amendment 267

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 59

Text proposed by the Commission	Amendment
(59) Where the supply-crisis state or the security-related supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the Commission’s decision on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.	(59) Where the supply-crisis state or the security-related supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established.

Or. fr

Amendment 268

Michael Gahler

Proposal for a regulation

Recital 59

Text proposed by the Commission	Amendment
(59) Where the supply-crisis state or the security-related supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the Commission’s decision on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.	(59) Where the supply-crisis state is activated, the Commission in close cooperation with the European Defence Agency, should be able to prepare, in close cooperation with the Defence Industrial Readiness Board a request for necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Given the administrative burden for undertaking provided the information, the undertaking should be compensated financially. The information gathered should inform the Commission’s approach on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.

Or. en

Amendment 269

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 59

Text proposed by the Commission	Amendment
(59) Where the supply-crisis state or the security-related supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the Commission’s decision on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.	(59) Where the supply-crisis state or the security-related supply-crisis state is activated by the national competent authorities, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the decisions on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.

Or. en

Amendment 270

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 59

Text proposed by the Commission	Amendment
(59) Where the supply-crisis state or the security-related supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the Commission’s decision on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.	(59) Where the supply-crisis state is activated, the Commission, should be able to request to receive necessary information to ensure the timely availability of crisis relevant products from undertakings, dealing with these products, raw materials or components thereof, in agreement with the Member State in which they are established. Such information should inform the Commission’s decision on appropriate measures under this regulation to address possible disruptions or bottlenecks affecting the security of supply of relevant defence products as well as relevant raw materials and components.

Or. en

Amendment 271

Merja Kyllönen

Proposal for a regulation

Recital 60

Text proposed by the Commission	Amendment
(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status. It should also enable Commission to design emergency response measures to actual or anticipated shortages.	(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status. It should also enable Commission to design emergency response measures to actual or anticipated shortages. The mechanism, however, should not result in overlap or an unnecessary administrative burden for the Member States or their undertakings.

Or. fi

Amendment 272

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 60

Text proposed by the Commission	Amendment
(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status. It should also enable Commission to design emergency response measures to actual or anticipated shortages.	(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status.

Or. fr

Amendment 273

Diana Iovanovici Şoşoacă

Proposal for a regulation

Recital 60

Text proposed by the Commission	Amendment
(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status. It should also enable Commission to design emergency response measures to actual or anticipated shortages.	(60) Such an identification, mapping and continuous monitoring mechanism should allow a near real time analysis of the production capacity in the Union, critical factors impacting security of supply of relevant defence products, and stockpiles’ status in the short and medium term, to avoid possible syncopes in the production process. It should also enable Commission to design emergency response measures to actual or anticipated shortages.

Or. en

Amendment 274

Jan Farský

Proposal for a regulation

Recital 60 a (new)

Text proposed by the Commission	Amendment
	(60 a) In cases of severe and persistent shortages of or an exceptionally high demand for crisis-relevant products carrying an imminent risk of or materialising in a severe negative impact on the proper functioning of the internal market, prioritisation measures at Union level aiming to ensure the availability of crisis-relevant products could prove to be indispensable in ensuring the proper-functioning of the internal market for defence products and its supply chains. The Commission could use in this respect, upon a request of a Member State, priority-rated requests for facilitating the supply of both defence and non-defence products, and priority-rated orders for ensuring the supply of non-defence products. Those measures should be activated by the Council.

Or. en

Amendment 275

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States and justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products.	deleted

Or. fr

Amendment 276

Davor Ivo Stier

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States and justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products.	(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States and justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products. In this regard, and building on the successful experience of joint procurement mechanisms employed during the COVID-19 pandemic, it is crucial to recognise and address supply chain vulnerabilities, particularly regarding critical raw materials such as gunpowder. Given its fundamental role in ammunition production and the strategic necessity of ensuring a stable supply, the Union should strengthen joint procurement efforts in this area, dedicating appropriate EU funding to enhance the security and resilience of supply chains in the defence sector.

Or. en

Amendment 277

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States and justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products.	(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States. Hence, in order to mitigate the risk of supply shortage of key defence products induced by exogenous factors impacting the supply chain of crisis-relevant products, most important market actors of the EDTIB should regularly assess their exposure to potential supply shortages within their supply chain, and mitigate the risk, such as by diversifying the sources of supply. Member States should be allowed to request that such exercise be presented to the board of directors of those companies. In addition, it justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products.

Or. en

Amendment 278

Michael Gahler

Proposal for a regulation

Recital 61

Text proposed by the Commission	Amendment
(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States and justifies, where necessary, proportionate interferences with fundamental rights of the undertakings providing crisis relevant products, such as the freedom to conduct a business in accordance with Article 16 of the Charter and the right to property in accordance with Article 17 of the Charter, in the respect of Article 52 of the Charter. Such interferences may be justified in particular where several Member States have undertaken specific efforts to consolidate demand through joint procurement, hence contributing to the further integration and smooth functioning of the Internal Market for relevant defence products.	(61) Avoiding shortages of relevant defence products is essential to preserve the objective of general interest of security of the Union and its Member States. Where necessary and upon request and approval by Member States, the Commission may engage with relevant undertakings in order to identify the reasons for the supply problems and may in close cooperation with the European Defence Agency engage with the respective undertaking to develop mitigating and supporting measures including the facilitation of a mutually acceptable agreement for the Member States and the undertaking involved.

Or. en

Amendment 279

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 62

Text proposed by the Commission	Amendment
(62) As an instrument of last resort to ensure that critical sectors can continue to operate in a time of crisis and only when necessary and proportionate for that purpose, relevant undertakings could be required by the Commission to accept and prioritise orders of crisis-relevant products. The decision on a priority-rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law except those directly related to military orders while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Each priority-rated order should be placed at a fair and reasonable price which should take into account the undertaking’s opportunity costs vis-à-vis existing contracts.	deleted

Or. fr

Amendment 280

Michael Gahler

Proposal for a regulation

Recital 62

Text proposed by the Commission	Amendment
(62) As an instrument of last resort to ensure that critical sectors can continue to operate in a time of crisis and only when necessary and proportionate for that purpose, relevant undertakings could be required by the Commission to accept and prioritise orders of crisis-relevant products. The decision on a priority-rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law except those directly related to military orders while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Each priority-rated order should be placed at a fair and reasonable price which should take into account the undertaking’s opportunity costs vis-à-vis existing contracts.	(62) As an instrument of last resort in cases where the undertaking refuses to implement the agreement reached, the Commission may resort to corrective measures by suspending or retrieving funds provided under this regulation or by temporarily excluding the undertaking from the participation in Union defence programs.

Or. en

Amendment 281

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 62

Text proposed by the Commission	Amendment
(62) As an instrument of last resort to ensure that critical sectors can continue to operate in a time of crisis and only when necessary and proportionate for that purpose, relevant undertakings could be required by the Commission to accept and prioritise orders of crisis-relevant products. The decision on a priority-rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law except those directly related to military orders while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Each priority-rated order should be placed at a fair and reasonable price which should take into account the undertaking’s opportunity costs vis-à-vis existing contracts.	(62) As an instrument of last resort to ensure that critical sectors can continue to operate in a time of crisis and only when necessary and proportionate for that purpose, relevant undertakings could be required by the Commission, with the prior agreement of the Member States to accept and prioritise orders of crisis-relevant products. The decision on a priority-rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law except those directly related to military orders while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Each priority-rated order should be placed at a fair and reasonable price which should take into account the undertaking’s opportunity costs vis-à-vis existing contracts.

Or. en

Amendment 282

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 63

Text proposed by the Commission	Amendment
(63) The obligation to prioritise the production of certain products should not disproportionately affect the freedom to conduct a business and the freedom of contract laid down in Article 16 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the right to property laid down in Article 17 of the Charter. Any limitation of those rights should, in accordance with Article 52(1) of the Charter, be provided for by law, respect the essence of those rights and freedoms, and comply with the principle of proportionality.	deleted

Or. fr

Amendment 283

Michael Gahler

Proposal for a regulation

Recital 63

Text proposed by the Commission	Amendment
(63) The obligation to prioritise the production of certain products should not disproportionately affect the freedom to conduct a business and the freedom of contract laid down in Article 16 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and the right to property laid down in Article 17 of the Charter. Any limitation of those rights should, in accordance with Article 52(1) of the Charter, be provided for by law, respect the essence of those rights and freedoms, and comply with the principle of proportionality.	deleted

Or. en

Amendment 284

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 64

Text proposed by the Commission	Amendment
(64) Where the security-related supply crisis state is activated, based on the assessment of the Commission with the support of the High-Representative, the measures available under the supply crisis state should also be available. In addition to the latter, the Council should activate the measures it considers appropriate to the crisis. To do so, the Council should pay particular to the need to ensure a high level of security of the Union, Member States and European citizens.	deleted

Or. fr

Amendment 285

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 64

Text proposed by the Commission	Amendment
(64) Where the security-related supply crisis state is activated, based on the assessment of the Commission with the support of the High-Representative, the measures available under the supply crisis state should also be available. In addition to the latter, the Council should activate the measures it considers appropriate to the crisis. To do so, the Council should pay particular to the need to ensure a high level of security of the Union, Member States and European citizens.	deleted

Or. en

Amendment 286

Michael Gahler

Proposal for a regulation

Recital 64

Text proposed by the Commission	Amendment
(64) Where the security-related supply crisis state is activated, based on the assessment of the Commission with the support of the High-Representative, the measures available under the supply crisis state should also be available. In addition to the latter, the Council should activate the measures it considers appropriate to the crisis. To do so, the Council should pay particular to the need to ensure a high level of security of the Union, Member States and European citizens.	deleted

Or. en

Amendment 287

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 65

Text proposed by the Commission	Amendment
(65) Where the security-related supply crisis state is activated and in order to address cases where a Member State faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products, the Council should be able to activate measures at Union level aimed to ensure the availability of crisis-relevant goods, such as priority rated requests to ensure the proper functioning of the internal market and its defence supply chains.	deleted

Or. fr

Amendment 288

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 65

Text proposed by the Commission	Amendment
(65) Where the security-related supply crisis state is activated and in order to address cases where a Member State faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products, the Council should be able to activate measures at Union level aimed to ensure the availability of crisis-relevant goods, such as priority rated requests to ensure the proper functioning of the internal market and its defence supply chains.	deleted

Or. en

Amendment 289

Michael Gahler

Proposal for a regulation

Recital 65

Text proposed by the Commission	Amendment
(65) Where the security-related supply crisis state is activated and in order to address cases where a Member State faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products, the Council should be able to activate measures at Union level aimed to ensure the availability of crisis-relevant goods, such as priority rated requests to ensure the proper functioning of the internal market and its defence supply chains.	deleted

Or. en

Amendment 290

Christophe Gomart, Željana Zovko

Proposal for a regulation

Recital 66

Text proposed by the Commission	Amendment
(66) As an instrument of last resort, priority-rated requests should aim at addressing situations where the production or supply of crisis relevant products which are defence products could not be achieved by other measures. The priority-rated request should be taken based on objective, factual, measurable, and substantiated data. It should have regard for the legitimate interests of the undertakings and the cost and effort required for any change in production sequence. When accepted, the obligation to perform the priority-rated request should take precedence over any performance obligation under private or public law. Each priority rated request should be placed at a fair and reasonable price.	deleted

Or. fr

Amendment 291

Michael Gahler

Proposal for a regulation

Recital 66

Text proposed by the Commission	Amendment
(66) As an instrument of last resort, priority-rated requests should aim at addressing situations where the production or supply of crisis relevant products which are defence products could not be achieved by other measures. The priority-rated request should be taken based on objective, factual, measurable, and substantiated data. It should have regard for the legitimate interests of the undertakings and the cost and effort required for any change in production sequence. When accepted, the obligation to perform the priority-rated request should take precedence over any performance obligation under private or public law. Each priority rated request should be placed at a fair and reasonable price.	deleted

Or. en

Amendment 292

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Recital 66

Text proposed by the Commission	Amendment
(66) As an instrument of last resort, priority-rated requests should aim at addressing situations where the production or supply of crisis relevant products which are defence products could not be achieved by other measures. The priority-rated request should be taken based on objective, factual, measurable, and substantiated data. It should have regard for the legitimate interests of the undertakings and the cost and effort required for any change in production sequence. When accepted, the obligation to perform the priority-rated request should take precedence over any performance obligation under private or public law. Each priority rated request should be placed at a fair and reasonable price.	deleted

Or. en

Amendment 293

Michael Gahler

Proposal for a regulation

Recital 67

Text proposed by the Commission	Amendment
(67) With a view to support the Commission in implementing this Regulation, a European Defence Industrial Readiness Board should be established, composed of the Commission, the High Representative/Head of the Agency and Member States. In addition, outside the framework of the current Regulation, the High Representative/Head of Agency and the Commission will at their initiative convene and co-chair meetings of the members in the context of the Board to exercise the joint programming and procurement function and provide strategic guidance and advice with a view to increase defence industrial readiness of the EDTIB, in line with the European Defence Industrial Strategy.	(67) With a view to support the Commission in implementing this Regulation, a European Defence Industrial Readiness Board should be established, composed of the Commission, the High Representative/Head of the Agency, Member States and the European Union Military Committee . In addition, outside the framework of the current Regulation, the High Representative/Head of Agency and the Commission will at their initiative convene and co-chair meetings of the members in the context of the Board to exercise the joint programming and procurement function and provide strategic guidance and advice with a view to increase defence industrial readiness of the EDTIB, in line with the European Defence Industrial Strategy.

Or. en

Amendment 294

András Gyürk, György Hölvényi

Proposal for a regulation

Recital 67

Text proposed by the Commission	Amendment
(67) With a view to support the Commission in implementing this Regulation, a European Defence Industrial Readiness Board should be established, composed of the Commission, the High Representative/Head of the Agency and Member States. In addition, outside the framework of the current Regulation, the High Representative/Head of Agency and the Commission will at their initiative convene and co-chair meetings of the members in the context of the Board to exercise the joint programming and procurement function and provide strategic guidance and advice with a view to increase defence industrial readiness of the EDTIB, in line with the European Defence Industrial Strategy.	(67) With a view to support the Commission in implementing this Regulation, a European Defence Industrial Readiness Board should be established, composed of the Commission, the High Representative, as an oberserver, the Head of the Agency and Member States. In addition, outside the framework of the current Regulation, the High Representative/Head of Agency and the Commission will at their initiative convene and co-chair meetings of the members in the context of the Board to exercise the joint programming and procurement function and provide strategic guidance and advice with a view to increase defence industrial readiness of the EDTIB, in line with the European Defence Industrial Strategy.

Or. en

Amendment 295

Michael Gahler

Proposal for a regulation

Recital 67 a (new)

Text proposed by the Commission	Amendment
	(67 a) The programme's short operational duration and limited financial resources stand in contrast to the strategic orientation of its regulatory scope, the intended impact of its instruments, and the potentially powerful structures it seeks to establish. It is appropriate to rely on implementing acts for decision-making under this Regulation. However, a dedicated governance framework should be established for strategic orientations, their implementation, and review, ensuring respect for the European Parliament’s budgetary and political oversight functions. It is therefore necessary to adopt delegated acts in some cases. Furthermore, in order to enable an appropriate parliamentary scrutiny of the work of the Defence Industrial Readiness Board it is appropriate to invite a Member of the European Parliament as an observer to the Board, to advise the Board on the European Parliament's specific recommendations, and to advise the European Parliament on the information it received from the Commission concerning the work of the Board.

Or. en

Amendment 296

Lucia Yar, Marjan Šarec, Petras Auštrevičius, Engin Eroglu

Proposal for a regulation

Recital 67 a (new)

Text proposed by the Commission	Amendment
	(67 a) The Programme shall promote equal opportunities across the European defence industry, ensuring that women are actively encouraged to participate at all levels, including strategic decision-making, industrial leadership, defence-related research and development, and manufacturing, especially given that women currently constitute less than 20 % of the workforce in defence-related fields within the EU. To reach out to a wider range of labour force and to foster a diverse and skilled workforce, the Programme shall support initiatives that encourages women in defence-related education, training, and workforce development, strengthening the European Defence Technological and Industrial Base (EDTIB). The Programme shall also encourage Member States, industry stakeholders, and defence SMEs to adopt policies that remove barriers to women’s participation and promote a more inclusive and resilient defence sector.

Or. en

Amendment 297

Lucia Annunziata, Giorgio Gori, Dario Nardella, Irene Tinagli, Elio Di Rupo, Brando Benifei, Annalisa Corrado, Sandro Ruotolo, Raffaele Topo, Cecilia Strada, Elisabeth Grossmann, Giuseppe Lupo, Daniel Attard, Pina Picierno

Proposal for a regulation

Recital 67 a (new)

Text proposed by the Commission	Amendment
	(67 a) Considering that the Commission has proposed as legal basis of the regulation Article 122 of the Treaty on the Functioning of the European Union thereby limiting the possibility for the Parliament to have a comprehensive discussion on the legislative proposal, the Parliament should be invited to part at the Committee assisting the Commission, mentioned in the art. 58.1 of the present regulation.

Or. en

Amendment 298

Lucia Yar, Marjan Šarec, Petras Auštrevičius, Engin Eroglu

Proposal for a regulation

Recital 67 b (new)

Text proposed by the Commission	Amendment
	(67 b) The Programme shall support the inclusion of reintegration, education, and reskilling schemes for workers transitioning into defence-related manufacturing, research, and innovation. To ensure a sustainable and responsive European Defence Technological and Industrial Base (EDTIB), the Programme shall promote cooperation with vocational training centres, universities, and educational institutions across Member States. Initiatives that connect education with employment—such as apprenticeships, dual-learning systems, and targeted upskilling programmes—shall be eligible for support, contributing to regional development, industrial readiness, and long-term labour market resilience.

Or. en

Amendment 299

Lucia Annunziata, Nicola Zingaretti, Giorgio Gori, Dario Nardella, Irene Tinagli, Elio Di Rupo, Brando Benifei, Yannis Maniatis, Annalisa Corrado, Sandro Ruotolo, Marco Tarquinio, Raffaele Topo, Cecilia Strada, Elisabeth Grossmann, Giuseppe Lupo, Daniel Attard, Pina Picierno

Proposal for a regulation

Recital 67 b (new)

Text proposed by the Commission	Amendment
	(67 b) The European Parliament should be kept informed by the Commission of the proposals and developments of the annual work programme as referred to in art.18 of the present regulation.

Or. en

Amendment 300

Lucia Yar, Marjan Šarec, Petras Auštrevičius, Engin Eroglu

Proposal for a regulation

Recital 67 c (new)

Text proposed by the Commission	Amendment
	(67 c) In addition to the financial oversight mechanisms laid out in Article 12, the Programme shall foster a culture of transparency, integrity, and accountability in defence procurement and implementation. In the context of cooperation with third countries, including Ukraine, the Commission shall ensure the application of appropriate transparency standards, such as the publication of non-sensitive project information, contractor data, and procurement outcomes. This shall be supported by clear guidance on ethical procurement practices and the prevention of conflicts of interest throughout the implementation process.

Or. en

Amendment 301

François-Xavier Bellamy, Paulius Saudargas, Virgil-Daniel Popescu

Proposal for a regulation

Recital 68 a (new)

Text proposed by the Commission	Amendment
	(68 a) This regulation should not affect the international obligations and commitments of the Member States nor their discretion as regards their policy on the export of defence-related products. The decision to authorise, refuse, or subject a transfer and export to conditions and restrictions falls within the prerogatives of each Member State.

Or. en

Amendment 302

Lina Gálvez

Proposal for a regulation

Recital 69 a (new)

Text proposed by the Commission	Amendment
	(69 a) When designing a strong defense budget, essential social protections cannot be compromised. New priorities cannot compromise essential EU commitments such as gender equality or environmental preservation.

Or. en

Amendment 303

Daniel Attard

Proposal for a regulation

Recital 70

Text proposed by the Commission	Amendment
(70) This Regulation should apply without prejudice to the specific character of the security and defence policy of certain Member States,	(70) This Regulation should apply without prejudice to the specific character of the security and defence policy of certain Member States, and it shall not prejudice the constitutional provisions, legal requirements, or policies of any Member State concerning neutrality or non-alignment.

Or. en

Amendment 304

Niels Flemming Hansen, Tomas Tobé, Pekka Toveri, Mika Aaltola, Alice Teodorescu Måwe, Aura Salla

Proposal for a regulation

Recital 70 a (new)

Text proposed by the Commission	Amendment
	(70 a) To ensure the uniform application of requirements relating to the EU content in defence products, it is necessary to establish a common methodology for calculating the proportion of components originating in the Union or associated countries. Such a methodology is essential to prevent divergent interpretations, to provide legal certainty, and to safeguard the principles of proportionality, non-discrimination, and the proper functioning of the internal market, while supporting the competitiveness and integrity of the European Defence Technological and Industrial Base (EDTIB).

Or. en

Amendment 305

Lina Gálvez

Proposal for a regulation

Recital 70 a (new)

Text proposed by the Commission	Amendment
	(70 a) The European Defence Industry Programme and framework of related measures should contribute to promoting gender balance in the sector at all levels, including in leadership positions.

Or. en