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 306

Marc Botenga

Proposal for a regulation

Article 1 – paragraph -1 (new)

Text proposed by the Commission	Amendment
	-1 Rejects the proposal for the Regulation establishing the European Defence Industry Programme (EDIP) as presented by the European Commission, including the establishment of a fund for the acceleration of defence supply chain transformation ('FAST').

Or. en

Amendment 307

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the technological leadership, innovation, long-term competitiveness, responsiveness, sustainability, interoperability, effectiveness of public spending, market consolidation and integration, resilience and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following :

Or. en

Amendment 308

Georgiana Teodorescu

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products, in particular by means of the following:

Or. ro

Amendment 309

Sarah Knafo

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation establishes a budget and lays down a set of measures in full compliance with the competences of the Member States in defense and national security, aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:

Or. en

Amendment 310

Michael Gahler

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB) and the facilitation of its integration into the EDTIB , in particular by means of the following:

Or. en

Amendment 311

Inese Vaidere

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the internal market for defence, competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:

Or. en

Amendment 312

Jorge Buxadé Villalba

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Union and its Member States through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:	This Regulation establishes a budget and lays down a set of measures aimed at supporting defence industry readiness of the Member States of the European Union through the strengthening of the competitiveness, responsiveness and ability of the European Defence Technological and Industrial Base (EDTIB) to ensure the timely availability and supply of defence products and at contributing to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (Ukrainian DTIB), in particular by means of the following:

Or. en

Amendment 313

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);	(1) the establishment of the European Defence Industrial Programme (the ‘Programme’) for the period from [insert specific date] 2025 to 31 December 2027 and thereafter subject to review, comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);

Or. en

Amendment 314

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);	(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness, sustainability, resilience and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’) for SMEs and small mid-caps;

Or. en

Amendment 315

Radan Kanev

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);	(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the modernisation and strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);

Or. en

Amendment 316

Georgiana Teodorescu

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which may include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);	(1) the establishment of the European Defence Industrial Programme (the ‘Programme’), comprising measures for the strengthening of the competitiveness, responsiveness and ability of the EDTIB, which will include the establishment of a fund for the acceleration of defence supply chain transformation (‘FAST’);

Or. ro

Amendment 317

Marc Botenga

Proposal for a regulation

Article 1 – paragraph 1 – point 1 b (new)

Text proposed by the Commission	Amendment
	(1 b) Non-EU contractors and subcontractors, as well as companies that face serious allegations of corruption shall be excluded from the scope of the programme and funding provided by the programme;

Or. en

Amendment 318

András Gyürk, György Hölvényi

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’);	deleted

Or. en

Amendment 319

Roberto Vannacci

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’);	deleted

Or. en

Amendment 320

Georgiana Teodorescu

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’);	deleted

Or. ro

Amendment 321

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’);	(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’) for the period from [insert specific date] 2025 to 31 December 2027 and thereafter subject to review;

Or. en

Amendment 322

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Text proposed by the Commission	Amendment
(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’);	(2) the establishment of a cooperation programme with Ukraine with a view to the recovery, reconstruction and modernisation of the Ukraine Defence Technological and Industrial Base (the ‘Ukraine Support Instrument’) and the mutual transfer of competence and technologies;

Or. en

Amendment 323

Marc Botenga

Proposal for a regulation

Article 1 – paragraph 1 – point 2 b (new)

Text proposed by the Commission	Amendment
	(2 b) companies making excess profits, distributing excessive dividends, resorting to tax heavens, proceeding with collective layoffs or not respecting collective bargaining shall be excluded from the scope of the programme and funding provided by the programme;

Or. en

Amendment 324

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 3

Text proposed by the Commission	Amendment
(3) a legal framework laying down the requirements and procedures for and the effects of setting-up the Structure for European Armament Programme (‘SEAP’) as set out in Chapter III;	(3) a legal framework laying down the requirements and procedures for and the effects of setting-up the Structure for European Armament Programme (‘SEAP’) as set out in Chapter III for the long-term integration and consolidation of the DTIBs in Europe;

Or. en

Amendment 325

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) a legal framework aiming at ensuring security of supply, removing obstacles and bottlenecks and supporting the production of defence products as set out in Chapter IV;	(4) a legal framework aiming at monitoring and ensuring security of supply, removing obstacles and bottlenecks and supporting the production of defence products as set out in Chapter IV, while not jeopardising or compromising activities of undertakings mainly involved in civilian activities;

Or. en

Amendment 326

Inese Vaidere

Proposal for a regulation

Article 1 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) a legal framework aiming at ensuring security of supply, removing obstacles and bottlenecks and supporting the production of defence products as set out in Chapter IV;	(4) a legal framework aiming at ensuring security of supply and strengthening the internal market for defence and response to the supply crisis by removing obstacles and bottlenecks and supporting the production of defence products as set out in Chapter IV;

Or. en

Amendment 327

Sarah Knafo

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(5) the establishment of a Defence Industrial Readiness Board as set out in Chapter V.	(5) the use of each Member State's own design authority or a similar organisation; recalls the existence of the European Defence Agency, provided for in Article 42 of the Treaty on European Union , responsible for supporting cooperative projects in the field of European defence, strengthening the industrial and technological base of the sector and assisting the Council in assessing the improvement of military capabilities; recalls that no European structure should replace the Member States in terms of certification and procurement of military equipment;

Or. en

Amendment 328

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(5) the establishment of a Defence Industrial Readiness Board as set out in Chapter V.	(5) the enabling of a proper accountability and Parliamentary scrutiny and the establishment of a Defence Industrial Readiness Board as set out in Chapter V.

Or. en

Amendment 329

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article premier – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(5) the establishment of a Defence Industrial Readiness Board as set out in Chapter V.	(5) the establishment, within the framework of the European Defence Agency, of a Defence Industrial Readiness Board as set out in Chapter V.

Or. fr

Justification

The establishment of a Defence Industrial Readiness Board would only be desirable if it were placed under the authority of the Council and were not to impinge upon the competences of other EU bodies. It should be noted, in this regard, that the tasks with which the Defence Industrial Readiness Board is entrusted by the Commission in Article 57 of this proposal for a regulation are already handled by the European Defence Agency (EDA), as laid down in Articles 42 and 45 of the Treaty on European Union. In particular, Article 45 provides that the EDA shall have as its task to ‘contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure’. By incorporating the Defence Industrial Readiness Board within the EDA, this amendment corrects the proposal for a regulation, which placed the Defence Industrial Readiness Board under the authority of the Commission.

Amendment 330

András Gyürk, György Hölvényi

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	defence remains a national competence, and the sovereignty of Member States in defence matters shall be fully respected. Any measures taken under this Regulation shall not interfere with the ability of Member States to define and implement their national defence policies, including their procurement strategies and industrial priorities.

Or. en

Amendment 331

Sarah Knafo

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The Regulation guarantees that the actions undertaken fully respect the sovereignty of Member States in defence matters, preserving their national strategic autonomy and strictly limiting industrial integration with third countries.

Or. en

Amendment 332

Özlem Demirel

Proposal for a regulation

Article 1 a (new)

Text proposed by the Commission	Amendment
	Article 1a
	Rejects the proposal for the Regulation establishing the European Defence Industry Programme (EDIP) as presented by the European Commission.

Or. en

Amendment 333

Michael von der Schulenburg

Proposal for a regulation

Article 1 a (new)

Text proposed by the Commission	Amendment
	Article 1a
	Rejects the proposal for the Regulation establishing the European Defence Industry Programme (EDIP) as presented by the European Commission.

Or. en

Amendment 334

Michael Gahler

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) 'advance purchasing agreement’ means a public contract with one or several undertakings which aims at supporting the swift development and/or production of a product and by virtue of which the right to buy a specified number of products in a given timeframe and at a given price is subject to the prefinancing of part of the upfront costs faced by the concerned undertakings. While an advance purchasing agreement is legally binding upon the participating contracting authorities and upon the contractor, it needs to be further implemented by means of the conclusion of contracts with the concerned contractors;	deleted

Or. en

Amendment 335

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission	Amendment
(1) 'advance purchasing agreement’ means a public contract with one or several undertakings which aims at supporting the swift development and/or production of a product and by virtue of which the right to buy a specified number of products in a given timeframe and at a given price is subject to the prefinancing of part of the upfront costs faced by the concerned undertakings. While an advance purchasing agreement is legally binding upon the participating contracting authorities and upon the contractor, it needs to be further implemented by means of the conclusion of contracts with the concerned contractors;	(1) 'advance purchasing agreement’ means a public contract with one or several undertakings which are based in the European Union and which aims at supporting the swift development and/or production of a product and by virtue of which the right to buy a specified number of products in a given timeframe and at a given price is subject to the prefinancing of part of the upfront costs faced by the concerned undertakings. While an advance purchasing agreement is legally binding upon the participating contracting authorities and upon the contractor, it needs to be further implemented by means of the conclusion of contracts with the concerned contractors;

Or. en

Amendment 336

Sarah Knafo

Proposal for a regulation

Article 2 – paragraph 1 – point 1 a (new)

Text proposed by the Commission	Amendment
	(1 a) undertakings means companies whose registered office and executive management structures are established in a Member State of the European Union. To be considered as producing European armaments, these companies must also carry out a significant part of the design, development and production of these armaments on the territory of the European Union. A significant part is defined as an essential and non-marginal contribution to the added value of the final product, excluding simple assembly or finishing activities on behalf of non-European companies;

Or. en

Amendment 337

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 2 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) ‘common procurement’ means a procurement jointly conducted by at least three Member States;	(4) ‘common procurement’ means a procurement collectively conducted by at least three Member States;

Or. en

Amendment 338

Kamila Gasiuk-Pihowicz, Borys Budka, Marta Wcisło, Mirosława Nykiel, Michał Szczerba, Krzysztof Hetman, Dariusz Joński, Adam Jarubas

Proposal for a regulation

Article 2 – paragraph 1 – point 4

Text proposed by the Commission	Amendment
(4) ‘common procurement’ means a procurement jointly conducted by at least three Member States;	(4) ‘common procurement’ means a procurement jointly conducted by at least two Member States;

Or. en

Amendment 339

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 2 – paragraph 1 – point 4 a (new)

Text proposed by the Commission	Amendment
	(4 a) ‘joint procurement’ means a procurement conducted by the Commission together with several or all Member States;

Or. en

Amendment 340

Sarah Knafo

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Text proposed by the Commission	Amendment
(7) ‘defence products’ means any defence-related products as referred to in Article 2 of Directive 2009/43/EC;	(7) ‘defence products’ means any defence-related products as referred to in Article 2 of Directive 2009/43/EC, with the exception of sensitive military equipment, the definition and control of which fall within the exclusive competence of the Member States;

Or. en

Amendment 341

Michael Gahler

Proposal for a regulation

Article 2 – paragraph 1 – point 7

Text proposed by the Commission	Amendment
(7) ‘defence products’ means any defence-related products as referred to in Article 2 of Directive 2009/43/EC;	(7) ‘defence products’ means any defence-related products as referred to in Article 2 of Directive 2009/81/EC;

Or. en

Amendment 342

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

Proposal for a regulation

Article 2 – paragraph 1 – point 7 a (new)

Text proposed by the Commission	Amendment
	(7 a) ‘design authority’ means the entity with the legal and practical ability to define, adapt, and evolve the design of a defense product, including the authority to adapt components as needed. This entity must be free from prohibitive restrictions by non-associated third countries or their entities, ensuring the continued availability and evolution of the product’s design through the timely substitution of restricted components with suitable alternatives sourced from the Union or associated countries to support strategic autonomy and security of supply;

Or. en

Amendment 343

Michael Gahler

Proposal for a regulation

Article 2 – paragraph 1 – point 7 a (new)

Text proposed by the Commission	Amendment
	(7 a) ‘design authority’ means the undertaking that has the overarching responsibility for designing a complete product and acting as a system integrator – working in conjunction with all partners and subcontractors. The design authority must have the full ability to decide, without restrictions, on the definition, adaptation, integration, and evolution of the product and service, and support users efforts to customise and modernize products as missions and technologies evolve;

Or. en

Amendment 344

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 2 – paragraph 1 – point 7 a (new)

Text proposed by the Commission	Amendment
	(7a) ‘component’ means an article, material, technology or supply that is directly incorporated into a defence product. A component is deemed ‘critical’ if the defence product cannot be used without it, or if it is subject to a third-country regulation liable to restrict its use, sale or transfer;

Or. fr

Justification

Whether in respect of technology or other elements of a defence product, components originating in third countries are often subject to restrictions. A distinction must be made between components in the general sense and ‘critical’ components which include restrictions on the use, sale or transfer of the defence products of which they form an integral part. Such restrictions can have a major impact on military considerations and on the freedom of Member States to use their own equipment. The war in Ukraine has illustrated this problem.

Amendment 345

Sarah Knafo

Proposal for a regulation

Article 2 – paragraph 1 – point 7 a (new)

Text proposed by the Commission	Amendment
	(7 a) ‘design authority’ means the eligible entity with full decision-making capacity, without restriction from a non-associated third country or non-associated third country entities, over the definition, adaptation, integration and development of the defence product;

Or. en

Amendment 346

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 – paragraph 1 – point 7 a (new)

Text proposed by the Commission	Amendment
	(7 a) ‘key defence products’ means defence products in the meaning of Article 40 of this Regulation;

Or. en

Amendment 347

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

Proposal for a regulation

Article 2 – paragraph 1 – point 8

Text proposed by the Commission	Amendment
(8) ‘executive management structure’ means a body of a legal entity, appointed in accordance with national law, and, where applicable, reporting to the chief executive officer, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors management decision-making;	(8) ‘executive management structure’ means a body of a legal entity, appointed in accordance with national law, and, where applicable, reporting to the company's top executive, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors management decision-making;

Or. en

Amendment 348

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 2 – paragraph 1 – point 10

Text proposed by the Commission	Amendment
(10) ‘defence innovation action' means an action primarily consisting of activities directly aiming to produce plans and arrangements or designs for new, altered or improved defence products, processes or services, possibly including prototyping, testing, demonstrating, piloting, large-scale product validation and market replication	(10) ‘defence innovation action' means an action primarily consisting of activities directly aiming to produce plans and arrangements or designs for new, altered or improved defence products, processes or services, possibly including prototyping, which must be protected by patents granted as soon as possible, in order to quickly apply them in practice, as well as testing, demonstration activities, pilot projects, including cross-border ones, large-scale validation of products and replication on the market;

Or. en

Amendment 349

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 – paragraph 1 – point 10

Text proposed by the Commission	Amendment
(10) ‘defence innovation action' means an action primarily consisting of activities directly aiming to produce plans and arrangements or designs for new, altered or improved defence products, processes or services, possibly including prototyping, testing, demonstrating, piloting, large-scale product validation and market replication	(10) ‘defence innovation action' means an action primarily consisting of activities directly aiming to produce plans and arrangements or designs for new, altered or improved defence products, processes or services, including in terms of environmental, technical or technological performance compared to conventional products in use on battlefields, possibly including prototyping, testing, demonstrating, piloting, large-scale product validation and market replication;

Or. en

Amendment 350

Sarah Knafo

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Text proposed by the Commission	Amendment
(12) ‘non-associated third-country entity’ means a legal entity that is established in a non-associated third country or, a legal entity that is established in the Union or in an associated country, but has its executive management structures in a non-associated third country;	(12) ‘non-associated third-country entity’ means a legal entity that is established in a non-associated third country or, a legal entity that is established in the Union or in an associated country, but has its executive management structures in a non-associated third country. The list of non-associated third countries shall be drawn up by the Council of the European Union on the basis of a Commission proposal following consultation with the European Parliament. This list shall be reviewed at least every two years by the Council, after consultation of the European Parliament. A third country may request the Council to review its status in relation to this list. The list and any revisions thereto shall be published in the Official Journal of the European Union;

Or. en

Amendment 351

Michael Gahler

Proposal for a regulation

Article 2 – paragraph 1 – point 13

Text proposed by the Commission	Amendment
(13) ‘off-take agreement’ means any contractual agreement between at least [three] Member States and at least one manufacturer of defence products containing either a commitment on the Member States to procure a certain quantity of defence products over a certain period of time or a commitment on the manufacturer of defence products to provide the Member States with the option to do so.	deleted

Or. en

Amendment 352

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 2 – paragraph 1 – point 13

Text proposed by the Commission	Amendment
(13) ‘off-take agreement’ means any contractual agreement between at least [three] Member States and at least one manufacturer of defence products containing either a commitment on the Member States to procure a certain quantity of defence products over a certain period of time or a commitment on the manufacturer of defence products to provide the Member States with the option to do so.	(13) ‘off-take agreement’ means any contractual agreement between at least [three] Member States and at least one manufacturer from the European Union or the European Economic Area of defence products containing either a commitment on the Member States to procure a certain quantity of defence products over a certain period of time or a commitment on the manufacturer of defence products to provide the Member States with the option to do so.

Or. en

Amendment 353

Petras Auštrevičius

Proposal for a regulation

Article 2 – paragraph 1 – point 14

Text proposed by the Commission	Amendment
(14) ‘procurement agent’ means a contracting authority as defined in Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU established in a Member State or an associated country, the European Defence Agency, a Structure for European Armament Programme or an international organisation that is designated by Member States, associated countries or Ukraine to conduct a common procurement on their behalf;	(14) ‘procurement agent’ means a contracting authority as defined in Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU established in a Member State or an associated country, the European Defence Agency, a Structure for European Armament Programme or an international organisation that is designated by Member States, associated countries or Ukraine, or potentially other EU candidate countries, to conduct a common procurement on their behalf;

Or. en

Amendment 354

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Article 2 – paragraph 1 – point 14

Text proposed by the Commission	Amendment
(14) ‘procurement agent’ means a contracting authority as defined in Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU established in a Member State or an associated country, the European Defence Agency, a Structure for European Armament Programme or an international organisation that is designated by Member States, associated countries or Ukraine to conduct a common procurement on their behalf;	(14) ‘procurement agent’ means a contracting authority as defined in Article 2(1), point (1), of Directive 2014/24/EU and Article 3(1) of Directive 2014/25/EU established in a Member State or an associated country, the European Defence Agency, a Structure for European Armament Programme or an international organisation that is designated by Member States, associated countries or Ukraine or Moldova to conduct a common procurement on their behalf;

Or. en

Amendment 355

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 – paragraph 1 – point 16

Text proposed by the Commission	Amendment
(16) ‘raw materials’ means the materials required to produce defence products;	(16) ‘raw materials’ means substances in processed or unprocessed state used as an input for the manufacturing of intermediate or final defence products, excluding substances predominantly used as food, feed or combustion fuel;

Or. en

Amendment 356

András Gyürk, György Hölvényi

Proposal for a regulation

Article 2 – paragraph 1 – point 18

Text proposed by the Commission	Amendment
(18) ‘security crisis’ means any situation in a Member State, an associated third country or non-associated third country in which a harmful event has occurred or is deemed to be impending which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers or restricts the life and health of people, or requires measures in order to supply the population with necessities, or has a substantial impact on property values, including armed conflicts and wars;	(18) ‘security crisis’ means any situation in a Member State, in which a harmful event has occurred or is deemed to be impending which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers or restricts the life and health of people, or requires measures in order to supply the population with necessities, or has a substantial impact on property values, including armed conflicts and wars;

Or. en

Amendment 357

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 – paragraph 1 – point 18

Text proposed by the Commission	Amendment
(18) ‘security crisis’ means any situation in a Member State, an associated third country or non-associated third country in which a harmful event has occurred or is deemed to be impending which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers or restricts the life and health of people, or requires measures in order to supply the population with necessities, or has a substantial impact on property values, including armed conflicts and wars;	(18) ‘security crisis’ means any situation in a Member State, an associated third country or non-associated third country in which an unpredictable harmful event has occurred or is deemed to be impending which clearly exceeds the dimensions of harmful events in everyday life and which substantially endangers or restricts the life and health of people, or requires measures in order to supply the population with necessities, including armed conflicts and wars;

Or. en

Amendment 358

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

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) 'subcontractors in the common procurement’ means any legal entity which provides critical inputs that possess unique attributes essential for the functioning of a product and which is allocated at least 15 % of the value of the contract.	deleted

Or. en

Amendment 359

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

Proposal for a regulation

Article 2 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) 'subcontractors in the common procurement’ means any legal entity which provides critical inputs that possess unique attributes essential for the functioning of a product and which is allocated at least 15 % of the value of the contract.	(21) 'subcontractors in the common procurement’ means any legal entity which provides critical inputs that possess unique attributes essential for the functioning of a product as part of the value of the contract.

Or. en

Amendment 360

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

Proposal for a regulation

Article 2 – paragraph 1 – point 22

Text proposed by the Commission	Amendment
(22) ‘small middle capitalisation company’ or ‘small mid-cap’ means an enterprise that is not a SME and whose number of employees does not exceed 499, calculated in accordance with Articles 3 to 6 of the Annex to Recommendation 2003/361/EC, the annual turnover of which does not exceed EUR 100 million or the annual balance sheet of which does not exceed EUR 86 million;	deleted

Or. en

Amendment 361

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 2 – paragraph 1 – point 23

Text proposed by the Commission	Amendment
(23) ‘crisis-relevant products’ means defence products or key components or raw materials thereof or any products or services critical to their production that have been identified as being seriously affected by a disruption or potential disruption of the functioning of the internal market and its supply chains resulting in actual or potential significant shortages.	(23) ‘crisis-relevant products’ means defence products or components or raw materials thereof or any products or services critical to their production whose availability is indispensable to ensure the proper functioning of the internal market and its supply chains and must be secured to respond to a supply crisis.

Or. en

Amendment 362

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 – paragraph 1 – point 23

Text proposed by the Commission	Amendment
(23) ‘crisis-relevant products’ means defence products or key components or raw materials thereof or any products or services critical to their production that have been identified as being seriously affected by a disruption or potential disruption of the functioning of the internal market and its supply chains resulting in actual or potential significant shortages.	(23) ‘crisis-relevant products’ means key defence products or key components or raw materials thereof or any products or services critical to their production that have been identified as being seriously affected by a disruption or potential disruption of the functioning of the internal market and its supply chains resulting in actual or potential significant shortages.

Or. en

Amendment 363

Sarah Knafo

Proposal for a regulation

Article 2 – paragraph 1 – point 23 a (new)

Text proposed by the Commission	Amendment
	(23 a) European preference refers to the principle whereby, under equivalent conditions, technical and operational performance, delivery time and quality, the Member States and the European institutions systematically give preference, in the context of purchase or advance purchase contracts, to companies established in the European Union whose effective control, industrial installations and supply chains are predominantly located on European territory. European preference contributes directly to industrial sovereignty in the defence of Member States.

Or. en

Amendment 364

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

Proposal for a regulation

Article 2 – paragraph 1 – point 23 a (new)

Text proposed by the Commission	Amendment
	(23 a) ‘design authority’ means the ability for an eligible entity participating in an action to decide, without restrictions by non-associated third countries or by non-associated third-country entities, on the definition, adaptation, integration, and evolution of the defence product, based on the necessary ownership of IP, mastery of technologies, skills and legal capacity to modify this defence product.

Or. en

Amendment 365

Radan Kanev

Proposal for a regulation

Article 2 – paragraph 1 – point 23 a (new)

Text proposed by the Commission	Amendment
	(23 a) ‘design authority’ means the ability for an eligible entity participating in an action to decide, without restrictions by non-associated third countries or by non-associated third-country entities, on the definition, adaptation, integration, and evolution of the defence product, based on the necessary ownership of IP, mastery of technologies, skills and legal capacity to modify this defence product.

Or. en

Amendment 366

Bruno Tobback, Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 2 – paragraph 1 – point 23 a (new)

Text proposed by the Commission	Amendment
	(23 a) ‘dual-use’ means software, technology and infrastructure that has the potential to be used for both civil and military purposes, in line with the definition on dual-use items in Regulation (EU) 2021/821.

Or. en

Amendment 367

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 2 a (new)

Text proposed by the Commission	Amendment
	Article 2a
	Benchmarks
	The Commission and Member States shall strengthen the resilience and competitiveness of the EDTIB through the measures provided for in this Regulation, in order to, by 2035 :
	(a) ensure that at least 50% of defence products procured across the Union are stemming from common procurement;
	(b) ensure that a minimum of 80% of the added value of key defence products purchased by Member States originate from within the Union, an associated country, or Ukraine;
	(c) ensure that technological readiness of European key defence products, including in terms of energy and material use performance, has significantly improved and is comparable to the globally most advanced capacities or higher;
	(d) ensure that European key defence products designed to be used or deployed in any geography are fully resilient to climate change, including to most extreme weather events, and to risk of shortage of fossil fuel supply;
	(e) ensure that interoperability and interchangeability of key defence products manufactured in the Union has significantly improved, and that duplication of efforts via parallel development of comparable key defence products across the Union has significantly reduced;
	(f) ensure that coordination among Member States for the control of exports of defence products, in compliance with EU arms exports criteria as laid out in the Council Common Position 2008/944/CFSP, has significantly increased.

Or. en

Amendment 368

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Chapter II – title

Text proposed by the Commission	Amendment
II	II The Programme

Or. en

Amendment 369

Georgiana Teodorescu

Proposal for a regulation

Chapter II – Section 1 – title

Text proposed by the Commission	Amendment
1 General provisions applicable to the Programme and to the Ukraine Support Instrument	1 General provisions applicable to the Programme

Or. ro

Amendment 370

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Chapter II – Section 1 – title

Text proposed by the Commission	Amendment
1 General provisions applicable to the Programme and to the Ukraine Support Instrument	1 General provisions applicable to the Programme

Or. en

Amendment 371

Marc Botenga

Proposal for a regulation

Article 3

Text proposed by the Commission	Amendment
Article 3	deleted
Use of financing not linked to costs
1. Grants may take the form of financing not linked to costs, pursuant to Article 180(3) of Regulation (EU, Euratom) 2018/1046.
2. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the EDTIB, the level of the Union contribution attributed to each action may be defined on the basis of factors such as:
(a) the complexity of the common procurement, for which a proportion of the estimated value of the common procurement contract and the experience gained in similar actions may serve as an initial proxy;
(b) the characteristics of the cooperation which are likely to give rise to greater interoperability outcomes and long-term investment signals to industry, in particular where the common procurement covers activities that would be eligible for funding from the Union budget, e.g. research and development, testing and certification, initial production or in-service support activities;
(c) the number of participating Member States and associated countries or the inclusion of additional Member States or associated countries in existing cooperations;
(d) the effort linked to ramp-up of necessary manufacturing capacities;
(e) the procurement of additional quantities for other Member States (defence readiness pool).
3. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the Ukrainian DTIB, the level of Union contribution may in addition to the factors referred to in paragraph 2, be based on factors such as:
(a) the complexity of the Ukraine accession process, including structural reforms and measures to promote convergence with the Union ‘acquis’;
(b) the efforts of adapting the Ukrainian defence procurement processes and the environment for the Ukrainian defence industry, including to meet NATO standards;
(c) the efforts and risks associated with the ongoing war of aggression, taking into account the need to rebuild and modernise infrastructure damaged by the war in a resilient way, and, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.

Or. en

Amendment 372

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 3 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the EDTIB, the level of the Union contribution attributed to each action may be defined on the basis of factors such as:	2. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the EDTIB for common procurement, the level of the Union contribution attributed to each action may be defined on the basis of factors such as:

Or. en

Amendment 373

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 3 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the characteristics of the cooperation which are likely to give rise to greater interoperability outcomes and long-term investment signals to industry, in particular where the common procurement covers activities that would be eligible for funding from the Union budget, e.g. research and development, testing and certification, initial production or in-service support activities;	(b) the characteristics of the cooperation which are likely to give rise to greater interoperability outcomes and long-term investment signals to industry of the European Union, in particular where the common procurement covers activities that would be eligible for funding from the Union budget, e.g. research and development, testing and certification, initial production or in-service support activities belonging to entities from Member States of EU;

Or. en

Amendment 374

Radan Kanev

Proposal for a regulation

Article 3 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the characteristics of the cooperation which are likely to give rise to greater interoperability outcomes and long-term investment signals to industry, in particular where the common procurement covers activities that would be eligible for funding from the Union budget, e.g. research and development, testing and certification, initial production or in-service support activities;	(b) the characteristics of the cooperation which are likely to give rise to greater interoperability outcomes and long-term investment signals to industry, in particular where the common procurement covers activities that would be eligible for funding from the Union budget, e.g. research and development, testing and certification, initial production or in-service support activities, repair and maintainance avtivities;

Or. en

Amendment 375

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 3 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) the effort linked to ramp-up of necessary manufacturing capacities;	(d) the effort linked to ramp-up of necessary manufacturing capacities from Member States of the EU;

Or. en

Amendment 376

Eszter Lakos

Proposal for a regulation

Article 3 – paragraph 2 – point d a (new)

Text proposed by the Commission	Amendment
	(d a) the contribution to the reduction of dependencies on products not developed by entities located in the Member States or associated countries.

Or. en

Amendment 377

Christophe Gomart, Željana Zovko

Proposal for a regulation

Article 3 – paragraph 2 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) where appropriate, the costs incurred by the Member States in which the beneficiaries are established, should they decide to terminate an existing contract with a non-associated third country in favour of joint procurement.

Or. fr

Amendment 378

Georgiana Teodorescu

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the Ukrainian DTIB, the level of Union contribution may in addition to the factors referred to in paragraph 2, be based on factors such as:	deleted
(a) the complexity of the Ukraine accession process, including structural reforms and measures to promote convergence with the Union ‘acquis’;
(b) the efforts of adapting the Ukrainian defence procurement processes and the environment for the Ukrainian defence industry, including to meet NATO standards;
(c) the efforts and risks associated with the ongoing war of aggression, taking into account the need to rebuild and modernise infrastructure damaged by the war in a resilient way, and, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.

Or. ro

Amendment 379

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the Ukrainian DTIB, the level of Union contribution may in addition to the factors referred to in paragraph 2, be based on factors such as:	deleted
(a) the complexity of the Ukraine accession process, including structural reforms and measures to promote convergence with the Union ‘acquis’;
(b) the efforts of adapting the Ukrainian defence procurement processes and the environment for the Ukrainian defence industry, including to meet NATO standards;
(c) the efforts and risks associated with the ongoing war of aggression, taking into account the need to rebuild and modernise infrastructure damaged by the war in a resilient way, and, where relevant, by appropriate measures to avoid, prevent or reduce and, if possible, offset these effects.

Or. en

Amendment 380

Jorge Buxadé Villalba

Proposal for a regulation

Article 3 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the complexity of the Ukraine accession process, including structural reforms and measures to promote convergence with the Union ‘acquis’;	deleted

Or. en

Justification

This instrument should focus the defense capacities of the Member States of the EU and third countries including Ukraine, therefore there should be other instruments to finance the adhesion process of Ukraine like IPA III to do this.

Amendment 381

András Gyürk, György Hölvényi

Proposal for a regulation

Article 3 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the complexity of the Ukraine accession process, including structural reforms and measures to promote convergence with the Union ‘acquis’;	deleted

Or. en

Amendment 382

András Gyürk, György Hölvényi

Proposal for a regulation

Article 3 – paragraph 3 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) Decisions regarding financial contributions for military assistance and defence industrial support to Ukraine shall remain under the competence of Member States. The European Commission shall not impose or mandate financial or material contributions for defence purposes outside the EU without the explicit consent of the contributing Member States, ensuring that national security priorities and sovereignty are respected.

Or. en

Amendment 383

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:	1. Whitin the scope established by the White Paper on Security and Defence, capability priorities and gaps as identified in the Defence Investment Gaps Analysis and Way Forward and the Capability Development Plan, the Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB facilitating defence readiness of the EU and its Member States by 2030 in particular through:

Or. en

Amendment 384

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

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:	1. The Programme and the Ukraine Support Instrument aim to encourage the achievement of a common and integrated European defence, and to increase the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:

Or. en

Amendment 385

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:	1. The Programme and the Ukraine Support Instrument aim at increasing the strategic autonomy of the Union and its Member States by strengthening the independence, competitiveness and capacities of the EDTIB and of the Ukrainian DTIB in particular through:

Or. fr

Justification

Defence industrial readiness is not a goal in and of itself, but a means for the Member States to exert their power. The Programme must therefore seek to ensure that European countries retain autonomy of defence production in order to guarantee their security. This is what is meant by the concept of strategic autonomy, as referred to in the European Council conclusions of 19 and 20 December 2013, wherein the Member States express the ambition to develop and support the defence capabilities of the EU and the Member States.

Amendment 386

Georgiana Teodorescu

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:	1. The Programme aims at increasing the defence industrial readiness of the EDTIB in particular through:

Or. ro

Amendment 387

Özlem Demirel

Proposal for a regulation

Article 4 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Programme and the Ukraine Support Instrument aim at increasing the defence industrial readiness of the EDTIB and of the Ukrainian DTIB in particular through:	1. As the Programme primarily aims to increase the military capacities of the European Union it violates article 41.2. TEU and therefore should be seen as illegal.

Or. en

Amendment 388

Petras Auštrevičius

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities, the opening of the supply chains for cross-border cooperation and effective availability, including stockpiling, to escpecially address the needs of the most vulnerable Members States with emphasis on the Union’s Eastern Flank by ensuring the necessary level of deployed reserves and the capacity to rapidly replenish stocks, and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps, and the streghtening cross-border cooperation in defence research and development (R&;D) and applying such successful examples as the ‘Danish model’, which consists of procuring defence capabilities produced directly in Ukraine;

Or. en

Amendment 389

Georgiana Teodorescu

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps and developing the EDTIB throughout the Union, especially in Member States which, by virtue of their geographical position at the borders of the Union, are the first to be exposed to any third-party attacks;

Or. ro

Amendment 390

Katri Kulmuni, Sigrid Friis, Morten Løkkegaard

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability, including stockpiling, to escpecially address the needs of the most vulnerable Members States with emphasis on the Union’s Eastern border and by making those reserves rapidly deployable, and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;

Or. en

Amendment 391

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

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability, including stockpiling, to escpecially address the needs of the most vulnerable Members States with emphasis on the Union’s Eastern Flank and by making those reserves rapidly deployable, and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;

Or. en

Amendment 392

Radan Kanev

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes and technological development, including through the modernisation, creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, as well as strengthening the repair and maintenance capacities of new or already existing defence products and equipment. , involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;

Or. en

Amendment 393

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps with a view of building industrial redundancies in order to increase the Union’s resilience with regard to the most extreme military contingency;

Or. en

Amendment 394

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

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment, in particular the strategic necessity for Member States to be able to deploy capabilities, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs and mid-caps;

Or. en

Amendment 395

Sarah Knafo

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) supporting and complementing Member States' national initiatives aimed at initiating and accelerating the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;

Or. en

Amendment 396

Wouter Beke

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps while safeguarding a level-playing field;

Or. en

Amendment 397

András Gyürk, György Hölvényi

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, start-ups and scale-ups, small mid-caps and other mid-caps;

Or. en

Amendment 398

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 4 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) initiating and speeding up the adjustment of industry to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;	(a) initiating and speeding up the adjustment of industry from European Union to structural changes, including through the creation and ramp-up of its manufacturing capacities and the opening of the supply chains for cross-border cooperation and effective availability and supply throughout the Union, involving in particular, to a significant extent, SMEs, small mid-caps and other mid-caps;

Or. en

Amendment 399

Bruno Tobback, Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 4 – paragraph 1 – point a – point i (new)

Text proposed by the Commission	Amendment
	i) ensuring that the EU has a strong research basis for the development and scale up of new dual-use technologies, such as semicinductors, that advance the EU’s dual military and civilian capabilities;

Or. en

Amendment 400

Nicolás Pascual de la Parte

on behalf of the Committee on Security and Defence

Susana Solís Pérez

on behalf of the Committee on Industry, Research and Energy

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) increasing cooperation cross-border in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability, and ensuring the fulfilment of Member States’ needs in terms of quality, availability and cost of defence products;

Or. en

Amendment 401

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

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) increasing cross-border cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability, and ensuring the fulfilment of Member States’ needs in terms of quality, availability and cost of defence products;

Or. en

Amendment 402

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems, a reduction of comparable key defence products and parallel developments, and greater interoperability and interchangeability;

Or. en

Amendment 403

Sarah Knafo

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability, while respecting national competences in the field of public procurement and the application of the European preference criterion;

Or. en

Amendment 404

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, Mariateresa Vivaldini, Carlo Ciccioli

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability and intechangeability in line with NATO stardards;

Or. en

Amendment 405

András Gyürk, György Hölvényi

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising, amongst others, cross-border cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability;

Or. en

Amendment 406

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability and interchangeability;

Or. en

Amendment 407

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

Proposal for a regulation

Article 4 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) incentivising cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability.	(b) incentivising cross-border cooperation in defence procurement in order to contribute to solidarity, prevent crowding-out effects, increase the effectiveness of public spending and reduce excessive fragmentation, ultimately leading to an increase in the standardisation of defence systems and greater interoperability;

Or. en

Amendment 408

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

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) Supporting Ukraine in manufacturing most critical capacities in quantities needed to respond to current military threats against its sovereignty and territorial integrity, including through:
	(i) scaling-up direct investment into Ukraine industrial defence capacities, creating new or adapting or ramping-up new manufacturing capacities in Ukraine in line with NATO standards, and licensing production cooperation through public-private partnerships or other forms of cooperation, such as joint ventures;
	(ii) increasing procurement of defence capacities produced in Ukraine;
	(iii) increasing cooperation on common procurement of defence products in accordance with Ukraine’s military needs;
	(iv) enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, including by providing technical assistance and incentivising exchanges of personnel;
	(v) supporting the protection of Ukraine DTIB’s assets;
	(vi) supporting Ukraine in its progressive alignment with Union rules, standards, policies and practices (‘acquis’), with a view of a future Union membership.

Or. en

Amendment 409

Eero Heinäluoma

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) strengthening the Union’s and Member States’ response to the current European threat landscape, in particular, their exposure to the risk of materialisation of threats to their security and sovereignty, including by facilitating the operationalisation of Article 42(7) of the Treaty on European Union (TEU), the Union's mutual assistance clause, to ensure solidarity among Member States, especially those whose geographical position leaves them directly exposed to imminent threats and challenges;

Or. en

Justification

Aligns EDIP’s objectives with the mutual assistance clause (Article 42(7) TEU). Emphasizes that collective procurement fosters operational readiness if a Member State is attacked. Wording in line with the Parliament’s call in its resolution of 12 March 2025 on the white paper on the future of European defence (2025/2565(RSP)).

Amendment 410

Riho Terras, Jüri Ratas

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) initiating and incentivising the creation of new and innovative manufacturing capacities in places where they did not exist before, in order to ensure security of supply. Location plays a key role in security of supply, as demonstrated by the manufacturing facilities close to the frontline in Ukraine;

Or. en

Amendment 411

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 4 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) reducing dependencies on components and raw materials from third countries.

Or. fr

Justification

One of the weaknesses of the EDTIB is its reliance on third countries for strategic supplies. According to the Institute for Strategic Research (IRSEM) of the French Ministry of Defence, the EU is reliant on third countries to supply 97 % of 27 raw materials it has identified and designated as critical (M. Raphaël Danino-Perraud, ‘The criticality of strategic raw materials for the defence industry’, IRSEM Study No 72, November 2019). By way of example, according to an edition of the Munich Security Report published in June 2023 and entitled ‘Defense Sitters – Transforming European Militaries in Times of War’, 78 % of the materials and components needed to produce drones for military use are sourced from China.

Amendment 412

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. To achieve the objectives laid out in Article 4(1) Union funding shall be prioritised along actions laid out in section 2 of this regulation that provide an added value for the defence readiness of the Union and its Member States through joint actions addressing identified capability priorities and gaps laid out in the White Paper on Security and Defence, the Defence Investment Gaps Analysis and Way Forward, Capability Development Plan as well as for actions that improve the interoperability and interchangeability of the European armed forces, and where applicable, with NATO, notably:
	(a) air and missile defence capabilities including the development of hypersonic interception capabilities while ensuring complementarity and compatibility with NATO’s European Sky Shield Initiative,
	(b) artillery and long range strike capabilities,
	(c) ground combat capabilities,
	(d) air combat capabilities,
	(e) strategic enablers, in particular strategic air transport capabilities, joint command and control capabilities and space-based services;
	(f) cyber and eletronic warfare capabilities;

Or. en

Amendment 413

Jaroslava Pokorná Jermanová

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Creating and operationalising of cross-border defence industrial clusters in strategic regions. Puting priority on tri-national cooperation initiatives between the Czech Republic, Slovakia, Hungary, Romania and Poland to facilitate joint research and development, workforce training, and integrated supply chains because these countries play great geoplotical role in security of European border.

Or. en

Amendment 414

Hans Neuhoff

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Before the identification of joint capability goals or the implementation of any coordinated force planning measures under this Programme, a comprehensive Union-level risk and threat assessment shall be conducted. The assessment shall serve as a basis for operational planning and recommendations for force structuring, respecting the strategic autonomy of Member States.

Or. en

Justification

Ensures strategic planning is grounded in a neutral and objective risk analysis and prevents politically motivated force planning without clear threat scenarios.

Amendment 415

Adam Bielan

on behalf of the ECR Group

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

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. The objectives of the Programme shall be pursued to ensure balanced industrial development throughout the Union, fostering participation of a wide range of interested defence companies from all Member States and by preventing the monopolisation of funding by several Member States or a set of large enterprises.

Or. en

Amendment 416

Georgiana Teodorescu

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. Actions contributing to the recovery, reconstruction and modernisation of the Ukrainian DTIB shall take into account its possible future integration into the EDTIB, thereby contributing to mutual stability, security, peace, prosperity and sustainability.	deleted

Or. ro

Amendment 417

András Gyürk, György Hölvényi

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. Actions contributing to the recovery, reconstruction and modernisation of the Ukrainian DTIB shall take into account its possible future integration into the EDTIB, thereby contributing to mutual stability, security, peace, prosperity and sustainability.	2. The Programme shall be leveraged to secure funding primarily for national defence capability needs; the primary objective remains the enhancement of Member States' defence industrial capabilities and ensuring the independent supply of military equipment to Member State’s armed forces, while also fostering the role of the defence industry as a driver of economic growth, including the scaling up of production for export markets.

Or. en

Amendment 418

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. Actions contributing to the recovery, reconstruction and modernisation of the Ukrainian DTIB shall take into account its possible future integration into the EDTIB, thereby contributing to mutual stability, security, peace, prosperity and sustainability.	2. Actions contributing to the recovery, reconstruction and modernisation of the Ukrainian DTIB shall take into account and facilitate its future integration into the EDTIB, thereby contributing to mutual stability, security, peace, prosperity and sustainability.

Or. en

Amendment 419

Adam Bielan

on behalf of the ECR Group

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

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment, in particular the security challenges on the EU's eastern borders and the immense threat of conventional military attack on the EU from this direction as well as the need of urgent replenishment of stockpiles, including those depleted as a result of shipment of defence products to Ukraine. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 420

Michał Dworczyk

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment and the progressing, unprecedented scale of the development of new critical technologies. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, and the development and integration of software for the interoperability of defence systems used in Member States, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 421

Radan Kanev

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, as well as accelerating the repair and maintanene capacities of new or already existing defence products and equipement and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 422

Petras Auštrevičius

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time and costs for defence products throughout the Union, particularly by applying the ‘Danish model’, fostering cross-border cooperation in defence R&D, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 423

Jan Farský

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment, including the need to secure supply chains and reduce dependence on malign actors. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 424

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of European industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation and reconvesion of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 425

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.	3. The objectives set out in paragraph 1, point (a), shall be pursued with an emphasis on initiating and speeding up the adjustment of industry to the rapid structural changes imposed by the evolving security environment. This may include the improvement and acceleration of the capacity of adaptation of supply chains for crisis-relevant products, the creation of manufacturing capacities or their ramp-up, and a reduction of their lead production time for key defence products throughout the Union, taking into account the objectives of the Strategic Compass for Security and Defence and the advice of the Defence Industrial Readiness Board.

Or. en

Amendment 426

Elena Donazzan, Adam Bielan, Reinis Pozņaks, Alberico Gambino, Michał Dworczyk, Alexandr Vondra, Ondřej Krutílek, Daniel Obajtek

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. The Programme shall also contribute to enhancing the Union’s resilience and internal security by supporting the development and deployment of dual-use technologies and capabilities that strengthen the protection of critical infrastructure, against hybrid threats, cyberattacks, and other risks to societal and economic stability.

Or. en

Amendment 427

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

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.	4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, specifically those releveled or exacerbated by the response of Russian war of aggression against Ukraine, such as shipment of defence products to Ukraine, and by the security challenges on the EU's eastern borders and the immense threat of conventional military attack on the EU from this direction. The actions shall be in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.

Or. en

Amendment 428

Sebastiaan Stöteler

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.	4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence, and the advices of the Defence Industrial Readiness Board and shall profit from coordination with the NATO defence planning process to ensure complementarity of efforts.

Or. en

Amendment 429

Jan Farský

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.	4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities, and with a focus on creating robust defense, technological, and industrial capacities within the Union, commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.

Or. en

Amendment 430

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission	Amendment
4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan, taking into account the objectives of the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.	4. The objectives set out in paragraph 1, point (b), shall be pursued with an emphasis on developing the EDTIB throughout the Union to allow it to address, in particular, Member States’ defence product needs in terms of quality, availability, delivery time and location, in line with the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan and the Defence Investment Gaps Analysis and Way Forward, and taking into account the objectives of the White Paper, the Strategic Compass for Security and Defence and the advices of the Defence Industrial Readiness Board.

Or. en

Amendment 431

Elena Donazzan, Reinis Pozņaks, Alberico Gambino

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The objectives set out in paragraph 1, point (b), shall be pursued by taking into account the results of the European Defence Fund (EDF), specifically ongoing EDF projects in an advanced development stage.

Or. en

Amendment 432

Georgiana Teodorescu

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	deleted

Or. ro

Amendment 433

Marc Botenga

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	deleted

Or. en

Amendment 434

András Gyürk, György Hölvényi

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures.

Or. en

Amendment 435

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards in which European companies have priority, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership as well as the fact that products made in these structures cannot be sold outside the EU for the benefit of private entities.

Or. en

Amendment 436

Jorge Buxadé Villalba

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures.

Or. en

Amendment 437

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership. This may also cover mutual transfer of competence and technologies to accelerate the technological readiness of EDTIB and Ukrainian DTIB.

Or. en

Amendment 438

Radan Kanev

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, repair and maintanene capacities of new or already existing defence products and equipment , protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.

Or. en

Amendment 439

Michael Gahler

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission	Amendment
5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation of manufacturing capacities or their ramp-up in line with NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.	5. The objectives set out in paragraph 2 shall be pursued with an emphasis on enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, taking into account the defence product needs of Ukraine, through creation or ramp-up of manufacturing capacities and their adaptation to NATO standards, protection of assets, technical assistance and exchange of personnel, increased cooperation on common procurement of defence products for Ukraine and licensing production cooperation through public-private partnerships or other forms of cooperation, e.g. joint ventures. Special attention shall be given to the objective to support Ukraine to progressively align with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.

Or. en

Amendment 440

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

Proposal for a regulation

Article 4 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. The objectives set out in paragraph 1 and 2 shall be pursued with an emphasis on simplification and avoiding duplication of existing structures and procedures.

Or. en

Amendment 441

Özlem Demirel

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The financial envelopes for the implementation of the Programme and the Ukraine Support Instrument shall be composed of:	1. The financial envelopes for the implementation of the Programme cannot derive from the Union’s budget as this violates article 41.2. TEU.

Or. en

Amendment 442

Georgiana Teodorescu

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The financial envelopes for the implementation of the Programme and the Ukraine Support Instrument shall be composed of:	1. The financial envelopes for the implementation of the Programme shall be composed of:

Or. ro

Amendment 443

Özlem Demirel

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) for actions reinforcing the EDTIB: EUR 1 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;	deleted

Or. en

Amendment 444

Michael Gahler

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) for actions reinforcing the EDTIB: EUR 1 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;	(a) for actions reinforcing the EDTIB: EUR 1 000 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;

Or. en

Amendment 445

Inese Vaidere

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) for actions reinforcing the EDTIB: EUR 1 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;	(a) for actions reinforcing the EDTIB: EUR 2 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;

Or. en

Amendment 446

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) for actions reinforcing the EDTIB: EUR 1 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;	(a) for actions reinforcing the EDTIB: EUR 750 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;

Or. en

Amendment 447

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

Proposal for a regulation

Article 5 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) for actions reinforcing the EDTIB: EUR 1 500 millions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;	(a) for actions reinforcing the EDTIB: EUR 10 billions in current prices for the period from [… - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6;

Or. en

Amendment 448

Andrey Novakov, Eva Maydell, François-Xavier Bellamy, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Eszter Lakos, Virgil-Daniel Popescu, Paulius Saudargas

Proposal for a regulation

Article 5 – paragraph 1 – point a a (new)

Text proposed by the Commission	Amendment
	(a a) At least 80% of the financial envelope of the Programme shall be reserved for EU-based defence industry. Up to 20% of the budget may be jointly procured for purchases of defence products from third countries. The financial envelope of the Programme shall avoid geographic imbalance under the funding for the activities as referred to in Article 11 in order to contribute to a homogenously developed defence industry and technological base across the EU.

Or. en

Amendment 449

Andrey Novakov, Eva Maydell, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Eszter Lakos, Virgil-Daniel Popescu, Paulius Saudargas

Proposal for a regulation

Article 5 – paragraph 1 – point a b (new)

Text proposed by the Commission	Amendment
	(a b) The financial envelope of the Programme shall be phased-in beyond 31 December 2027 as a contingency measure in view of adoption of the multiannual framework later than 1 January 2028. The phase-in shall ensure eligibility and implementation of actions throughout the period between the end of the duration of the Programme and the actual start of the next MFF.

Or. en

Amendment 450

Georgiana Teodorescu

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	deleted

Or. ro

Amendment 451

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	deleted

Or. en

Amendment 452

Özlem Demirel

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	deleted

Or. en

Amendment 453

András Gyürk, György Hölvényi

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	deleted

Or. en

Amendment 454

Michael Gahler

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	(b) for actions reinforcing the Ukrainian DTIB:

Or. en

Amendment 455

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	(b) for actions reinforcing the Ukrainian DTIB: EUR 750 millions in current prices for the period from [… - insert a specific date] until 31 December 2027, as well as the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.

Or. en

Amendment 456

Proposal for a regulation

Article 5 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) for actions reinforcing the Ukrainian DTIB: the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.	(b) for actions reinforcing the Ukrainian DTIB: EUR 2.5 billions in current prices for the period from [... - insert a specific date] until 31 December 2027 as well as additional contributions in accordance with Article 6.

Or. en

Amendment 457

Michael Gahler

Proposal for a regulation

Article 5 – paragraph 1 – point b – point i (new)

Text proposed by the Commission	Amendment
	i) EUR 500 million in current prices for the period from [insert specific date] until 31 December 2027 as well as

Or. en

Amendment 458

Michael Gahler

Proposal for a regulation

Article 5 – paragraph 1 – point b – point ii (new)

Text proposed by the Commission	Amendment
	ii) the amount of the additional contributions in accordance with Article 6 to the extent earmarked, subject to the conclusion of the agreement referred to in Article 57.

Or. en

Amendment 459

Inese Vaidere

Proposal for a regulation

Article 5 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) At least 25% of the financial envelope referred to in paragraph 1, point (a), of this Article shall be allocated to the Member States most exposed to the risk of materialisation of conventional military threats.

Or. en

Amendment 460

Andrey Novakov, Eva Maydell, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Virgil-Daniel Popescu, Paulius Saudargas

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Existing specialisation patterns based on export control data shall be further supported. The intensity of the support shall consider the size of the defence industry as a percentage share of the GDP of the Member States.

Or. en

Amendment 461

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Within the financial envelope referred to in paragraph 1 point (a) of this Article, up to EUR 150 million may be used in the framework of the FAST provided for in Article 19.

Or. en

Amendment 462

Andrey Novakov, Eva Maydell, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Eszter Lakos, Virgil-Daniel Popescu, Paulius Saudargas, Marta Wcisło

Proposal for a regulation

Article 5 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1 b. Assigned financial envelope of the Programme shall target the Member States along NATO’s Eastern flank, bordering Russia, Belarus, Ukraine and the Black Sea. The envelope shall be in the form of non-repayable grants and shall further address industry’s strategic vulnerabilities. The envelope shall aim to facilitate the effective defence capabilities along the EU Eastern border, including by accelerating the deployment of the Eastern Border Shield in order to counteract military and hybrid threats.

Or. en

Amendment 463

András Gyürk, György Hölvényi

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.	deleted

Or. en

Amendment 464

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.	2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, to actions under the Instrument for Support for Ukraine, in accordance with the procedure referred to in Article 31(4) and (6) to (8) of the Financial Regulation, with the exception of the additional financial resources referred to in Article 6(2), which shall not be reallocated.

Or. en

Amendment 465

Georgiana Teodorescu

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.	2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %.

Or. ro

Amendment 466

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.	2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1 to the Ukraine Support Instrument referred to in Chapter IIa, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.

Or. en

Amendment 467

Sarah Knafo

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission	Amendment
2. In order to respond to unforeseen situations or to new developments and needs, the Commission may reallocate the amount allocated to actions referred to in paragraph 1, by a maximum of 20 %, except for the additional financial resources as referred to in Article 6(2), which shall not be reallocated.	2. In order to respond to unforeseen situations or to new developments and needs, any reallocation of the amount allocated to the actions referred to in paragraph 1 shall be subject to prior approval by the Council after consulting the European Parliament.

Or. en

Amendment 468

Jorge Buxadé Villalba

Proposal for a regulation

Article 5 – paragraph 3

Text proposed by the Commission	Amendment
3. The amount referred to in paragraph 1 and 5 of this Article and the amounts of additional contributions referred to in Article 6 may also be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including price investigations and corporate information technology systems and platforms, and all other technical and administrative assistance or staff-related expenses incurred by the Commission for the management of the Programme/other elements of the subject matter.	3. The amount referred to in paragraph 1 and 5 of this Article and the amounts of additional contributions referred to in Article 6 may also be used, up to a 10% of the total cost of the project, for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including price investigations and corporate information technology systems and platforms, and all other technical and administrative assistance or staff-related expenses incurred by the Commission for the management of the Programme/other elements of the subject matter.

Or. en

Amendment 469

Georgiana Teodorescu

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission	Amendment
6. In addition to Article 15 of Regulation (EU, Euratom) 2018/1046, commitment appropriations corresponding to the amount of recoveries and of decommitments shall be made available again to the Programme or the Ukraine Support Instrument or their successors in the context of the budgetary procedure.	6. In addition to Article 15 of Regulation (EU, Euratom) 2018/1046, commitment appropriations corresponding to the amount of recoveries and of decommitments shall be made available again to the Programme or its successors in the context of the budgetary procedure.

Or. ro

Amendment 470

András Gyürk, György Hölvényi

Proposal for a regulation

Article 5 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8 a. The European Union shall not allocate financial resources under this Regulation to third countries without the explicit consent of all Member States. The primary objective of this Regulation shall be to support the defence capabilities of Member States, in accordance with their national priorities and strategic interests. In the event of financial resource constraints, European Union funds allocated under this Regulation shall be exclusively directed towards addressing the defence needs of Member States.

Or. en

Amendment 471

Marc Botenga

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States, European Union institutions, bodies and agencies, third countries, international organisations, international financial institutions or other third parties, may provide additional financial contributions to the Programme, including to the Fund Accelerating the defence Supply Chains Transformation (FAST) referred to in Article 19 in accordance with Article 208(2) of the Regulation (EU, Euratom) No 2018/1046. Such financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a)(ii) [point (a) FR recast], (d), or (e) or Article 21(5) of the Regulation (EU, Euratom) No 2018/1046.	deleted

Or. en

Amendment 472

Sarah Knafo

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Financial contributions from third countries associated with the programme or from non-associated third countries are subject to prior approval by the Member States. This approval is given after a transparent analysis of the origin and use of the funds, taking into account the security and defence interests of the Union and its Member States.

Or. en

Amendment 473

Georgiana Teodorescu

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. Any additional amounts received under the relevant Union restrictive measures shall be external assigned revenue within the meaning of Article 21(5) of Regulation (EU, Euratom) 2018/1046 and shall be used for actions under the Ukraine Support Instrument, including actions reinforcing the Ukrainian DTIB.	deleted

Or. ro

Amendment 474

Michael Gahler

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. External assigned revenue shall not contravene the security and defence interests of the Union and the Member States and Ukraine and shall be consistent with the objectives set out in Article 4.

Or. en

Amendment 475

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. Resources allocated to Member States under shared management may, at their request, be transferred to the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council5 . The Commission shall implement those resources directly in accordance with Article 62(1), point (a) of the first subparagraph, of the Regulation (EU, Euratom) No 2018/1046 or indirectly in accordance with point (c) of that subparagraph. They shall be added to the resources referred to in Article 5(3), point (a). Those resources shall be used for the benefit of the Member State concerned.	deleted
_________________
5 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Programme for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159–706).

Or. en

Amendment 476

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. Resources allocated to Member States under shared management may, at their request, be transferred to the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council5 . The Commission shall implement those resources directly in accordance with Article 62(1), point (a) of the first subparagraph, of the Regulation (EU, Euratom) No 2018/1046 or indirectly in accordance with point (c) of that subparagraph. They shall be added to the resources referred to in Article 5(3), point (a). Those resources shall be used for the benefit of the Member State concerned.	deleted
_________________
5 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Programme for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159–706).

Or. en

Amendment 477

Yannis Maniatis, Giorgio Gori, Dario Nardella, Bruno Gonçalves

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. Resources allocated to Member States under shared management may, at their request, be transferred to the Programme subject to the conditions set out in the relevant provisions of Regulation (EU) 2021/1060 of the European Parliament and the Council5 . The Commission shall implement those resources directly in accordance with Article 62(1), point (a) of the first subparagraph, of the Regulation (EU, Euratom) No 2018/1046 or indirectly in accordance with point (c) of that subparagraph. They shall be added to the resources referred to in Article 5(3), point (a). Those resources shall be used for the benefit of the Member State concerned.	deleted
_________________
5 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Programme for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159–706).

Or. en

Amendment 478

Andrey Novakov, Eva Maydell, François-Xavier Bellamy, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Virgil-Daniel Popescu, Paulius Saudargas, Marta Wcisło

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. Resources allocated to Member States in the form of Recovery and Resilience Facility grants may be mobilised to top-up the financial envelope of the Programme, specifically focusing on the resilience of defence industry SMEs and SMEs with dual use products. The respective resources shall be used for the benefit of the Member State concerned.

Or. en

Amendment 479

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission	Amendment
4. Where the Commission has not entered into a legal commitment under direct or indirect management for resources transferred in accordance with paragraph 3 and at the latest in the year 2028, the corresponding uncommitted resources 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 of the European Parliament and of the Council.	deleted

Or. en

Amendment 480

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission	Amendment
4. Where the Commission has not entered into a legal commitment under direct or indirect management for resources transferred in accordance with paragraph 3 and at the latest in the year 2028, the corresponding uncommitted resources 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 of the European Parliament and of the Council.	deleted

Or. en

Amendment 481

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 6 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. Member States shall put in place a solidarity contribution levied on Union companies with for profit activities in the defence sector, in order to tax windfall profits, and to allocate those resources to provide additional financial contributions to the Programme. Member States 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 482

Andrey Novakov, Eva Maydell, François-Xavier Bellamy, Andrey Kovatchev, Ilia Lazarov, Radan Kanev, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Virgil-Daniel Popescu, Paulius Saudargas, Marta Wcisło

Proposal for a regulation

Article 6 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The European Commission shall ensure synergy and complementarity in regards to existing Union instruments, such as the European Defence Fund and the instruments and measures under Regulation [...] on the Security and Action for Europe (SAFE).

Or. en

Amendment 483

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 6 – paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4 b. Member States receiving financial assistance in the meaning of [SAFE Regulation] shall provide at least 15% of the amount received as additional financial contributions to the Programme, and at least 8% as additional financial contributions to the Ukraine Support Instrument.

Or. en

Amendment 484

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

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission	Amendment
	Article6a
	1. In accordance with Article 26 of Regulation (EU) 2024/1263, should a Member State request the activation of the National Escape Clause (NEC), at least 25% of the increased defence expenditure as total amount resulting from the deviation under the NEC mechanism must be allocated to the European Defence Industrial Programme (EDIP), in accordance with the procedures and conditions set out in Article 6 of this Regulation. The Commission shall assess that the condition of allocating 25% to EDIP is met as part of its evaluation of the request for activation of the NEC, prior to making its recommendation to the Council for activation.
	2. Should a Member State receives financial support from the Security Action for Europe (SAFE) instrument, established under Regulation 2025/0122, at least 25% of the total amount received through this instrument are allocated to the European Defence Industrial Programme (EDIP). This allocation should be made in accordance with the procedures and conditions set out in Article 6 of this Regulation.

Or. en

Amendment 485

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

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission	Amendment
1. The Programme shall be implemented in synergy with other Union programmes. An action that has received a contribution from another Union programme may also receive a contribution under the Programme provided that the contribution does not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution or a single set of rules of any of the contributing Union programmes may be applied to all contributions and a single legal commitment may be concluded. The cumulative support from the Union budget shall not exceed the total eligible costs of the action and may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.	1. The Programme shall be implemented in synergy with other Union programmes and shall rely on funds that come on top of those supported by the Cohesion Policy, not at their expense. An action that has received a contribution from another Union programme may also receive a contribution under the Programme provided that the contribution does not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution or a single set of rules of any of the contributing Union programmes may be applied to all contributions and a single legal commitment may be concluded. The cumulative support from the Union budget shall not exceed the total eligible costs of the action and may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

Or. en

Amendment 486

Raphaël Glucksmann, Thijs Reuten, Tobias Cremer, Thomas Pellerin-Carlin, Elio Di Rupo, Yannis Maniatis

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. In accordance with the relevant provisions of Regulation (EU) 2021/1060, the ERDF or ESF+ may support proposals submitted to a call for proposals under the Programme, which were awarded a Seal of Excellence in accordance with the Programme.	deleted

Or. en

Amendment 487

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. In accordance with the relevant provisions of Regulation (EU) 2021/1060, the ERDF or ESF+ may support proposals submitted to a call for proposals under the Programme, which were awarded a Seal of Excellence in accordance with the Programme.	deleted

Or. en

Amendment 488

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

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. In accordance with the relevant provisions of Regulation (EU) 2021/1060, the ERDF or ESF+ may support proposals submitted to a call for proposals under the Programme, which were awarded a Seal of Excellence in accordance with the Programme.	deleted

Or. en

Amendment 489

Marc Botenga

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. In accordance with the relevant provisions of Regulation (EU) 2021/1060, the ERDF or ESF+ may support proposals submitted to a call for proposals under the Programme, which were awarded a Seal of Excellence in accordance with the Programme.	deleted

Or. en

Amendment 490

Bruno Tobback, Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. Projects within the Program that are directed towards research, development and scale-up of new technologies, software and infrastructure, including dual-use, may have access to Horizon funding (or its equivalent successor under the new MFF) given their justified positive and proportionate contribution to a civilian purpose.

Or. en

Amendment 491

Sarah Knafo

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The Programme shall be implemented under direct management in accordance with the Regulation (EU, Euratom) No 2018/1046 or in indirect management with bodies referred to in Article 62(1), point (c), of the Regulation (EU, Euratom) No 2018/1046.	1. The Programme shall be implemented under indirect management in accordance with the Regulation (EU, Euratom) No 2018/1046 or in indirect management with bodies referred to in Article 62(1), point (c), of the Regulation (EU, Euratom) No 2018/1046. Direct management by the Commission shall be limited to specific actions duly justified in the work programme and after consultation of the Member States.

Or. en

Amendment 492

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The Programme shall be implemented under direct management in accordance with the Regulation (EU, Euratom) No 2018/1046 or in indirect management with bodies referred to in Article 62(1), point (c), of the Regulation (EU, Euratom) No 2018/1046.	1. The Programme shall be implemented under direct management in accordance with the Regulation (EU, Euratom) No 2018/1046 or in indirect management with bodies referred to in Article 62(1), point (c), of the Regulation (EU, Euratom) No 2018/1046, in an effective, efficient, fair and transparent manner.

Or. en

Amendment 493

Massimiliano Salini, Letizia Moratti, Salvatore De Meo

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. By way of derogation from Article 192(2) of the Regulation (EU, Euratom) No 2018/1046, activities referred to in Article 11(3), point (d), for which Union funding is provided in the form of a grant, and profit is made, the Commission may recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary carrying out the action, up to the final amount of the Union contribution. The profit is calculated by a surplus of receipts over the eligible costs of the action, where receipts are limited to Union funding, Member State funding, including procurement, other revenue generated during the action and any revenue resulting from the action. The work programme may set out further details.	deleted

Or. en

Amendment 494

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. By way of derogation from Article 192(2) of the Regulation (EU, Euratom) No 2018/1046, activities referred to in Article 11(3), point (d), for which Union funding is provided in the form of a grant, and profit is made, the Commission may recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary carrying out the action, up to the final amount of the Union contribution. The profit is calculated by a surplus of receipts over the eligible costs of the action, where receipts are limited to Union funding, Member State funding, including procurement, other revenue generated during the action and any revenue resulting from the action. The work programme may set out further details.	3. By way of derogation from Article 192(2) of the Regulation (EU, Euratom) No 2018/1046, activities referred to in Article 11(3), point (d), for which Union funding is provided in the form of a grant, and profit is made, the Commission shall recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary carrying out the action, up to the final amount of the Union contribution. The profit is calculated by a surplus of receipts over the eligible costs of the action, where receipts are limited to Union funding, Member State funding, including procurement, other revenue generated during the action and any revenue resulting from the action. The work programme may set out further details.

Or. en

Amendment 495

Michael Gahler

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. By way of derogation from Article 192(2) of the Regulation (EU, Euratom) No 2018/1046, activities referred to in Article 11(3), point (d), for which Union funding is provided in the form of a grant, and profit is made, the Commission may recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary carrying out the action, up to the final amount of the Union contribution. The profit is calculated by a surplus of receipts over the eligible costs of the action, where receipts are limited to Union funding, Member State funding, including procurement, other revenue generated during the action and any revenue resulting from the action. The work programme may set out further details.	3. By way of derogation from Article 192(2) of the Regulation (EU, Euratom) No 2018/1046, activities referred to in Article 11(3), for which Union funding is provided in the form of a grant, and profit is made, the Commission may recover the percentage of the profit corresponding to the Union contribution to the eligible costs actually incurred by the beneficiary carrying out the action, up to the final amount of the Union contribution. The profit is calculated by a surplus of receipts over the eligible costs of the action, where receipts are limited to Union funding, Member State funding, including procurement, other revenue generated during the action and any revenue resulting from the action. The work programme may set out further details.

Or. en

Amendment 496

Michael Gahler

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. By way of derogation from Article 8 (3), the Commission shall refrain from recovering funds provided for small and medium-sized enterprises (SMEs) and small middle capitalisation companies (small mid-caps), for actions in which at least 30% of the participating entities are SMEs and small mid-caps and for actions pursuant to article 11 (3) and (4) that are linked to actions pursuant to article 11 (2).

Or. en

Amendment 497

Petras Auštrevičius

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries).	The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries). In addition to Ukraine, the Programme could also be open to other EU candidate countries, given that they are fully alligned with the EU foreign, security, and defence policy and that their participation will increase European defence capabilities.

Or. en

Amendment 498

Sebastiaan Stöteler

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries).	The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries). In the light of the geopolitical situation and the need to ramp-up the manufacturing of defence products, the programme may also be opened temporarily to other strategic partners in case critical and urgent requirements cannot be met.

Or. en

Amendment 499

Marc Botenga

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries).	The Programme shall not be open to the participation of third countries and third country legal entities.

Or. en

Amendment 500

Radan Kanev

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries).	The Programme shall be open to the participation of members of the European Free Trade Association which are members of the EEA, as well as the United Kingdom and Canada, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries).

Or. en

Amendment 501

Kamila Gasiuk-Pihowicz, Borys Budka, Marta Wcisło, Mirosława Nykiel, Michał Szczerba, Krzysztof Hetman, Dariusz Joński, Christian Ehler, Angelika Niebler, Michał Kobosko, Adam Jarubas

Proposal for a regulation

Article 9 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States may decide, upon a proposal from the Commission or in line with the provisions in this Regulation, to open the participation to the Programme to former members of the Union, countries that have been granted 'candidate country' status, or other partner third countires under strictly defined conditions and on the basis of ad-hoc partnerships and provided that such participation does not contravene to the security and defence interests of the Union or its Member States, including the respect for the principle of good neighbourly relations. Participation of former members of the Union, countries that have been granted 'candidate country' status or other partner third countries in the Programme shall be based on their respective contribution to the financial envelope to the Programme. In such situations, these countries shall be considered associated countries.

Or. en

Amendment 502

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
2. Recipients of Union funding shall be established in the Union or in an associated country.	2. Recipients of Union funding shall be small and medium-sized enterprises and mid-caps established in the Union or in an associated country.

Or. en

Amendment 503

Andrey Novakov, Eva Maydell, Andrey Kovatchev, Ilia Lazarov, Ivaylo Valchev, Ilhan Kyuchyuk, Emil Radev, Paulius Saudargas

Proposal for a regulation

Article 10 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The United Kingdom of Great Britain and the State of Israel shall be eligible to participate under associated country membership, through respective contributions to the financial envelope of the Programme and of the Ukraine Support Instrument.

Or. en

Amendment 504

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country.

Or. fr

Justification

The proposed derogation in the second part of this paragraph contravenes the general objectives of the regulation. Priority for public EU funding should be given to that used to finance actions carried out by European entities on the territory of a Member State or associated country.

Amendment 505

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country.

Or. en

Amendment 506

Marc Botenga

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State in order not to contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.

Or. en

Amendment 507

Costas Mavrides

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not create any strategic dependency for the Union on non associated countries nor does it contravenes the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.

Or. en

Amendment 508

Michalis Hadjipantela, Loucas Fourlas

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States, including respect for the principle of good neighbourliness, and is consistent with the objectives set out in Article 4.

Or. el

Amendment 509

Costas Mavrides

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. The infrastructure, facilities, assets and resources of the recipients which are used for the purposes of the action shall be located on the territory of a Member State or of an associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States and is consistent with the objectives set out in Article 4.	3. The infrastructure, facilities, assets, and resources of the recipients used for the purposes of the action shall be located on the territory of a member state or associated country. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in an associated country, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of the associated countries, provided that such use does not contravene the security and defence interests of the Union and the Member States, including respect for the principle of good neighborliness, and is consistent with the objectives set out in Article 4.

Or. en

Amendment 510

Jorge Buxadé Villalba

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purposes of an action supported by the Programme, the recipients shall not be subject to control by a non-associated third country or by a non-associated third-country entity.	4. For the purposes of an action supported by the Programme, the recipients shall not be subject to control by a non-associated third country or by a non-associated third-country entity, unless they are located within the EU and a Member State justifies that they are needed to cover its strategic needs.

Or. en

Amendment 511

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purposes of an action supported by the Programme, the recipients shall not be subject to control by a non-associated third country or by a non-associated third-country entity.	4. For the purposes of an action supported by the Programme, the recipients must not be subject to control by a non-associated third country or by a non-associated third-country entity.

Or. en

Amendment 512

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	deleted
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:
(a) control over the legal entity is not exercised in a manner that restrains or restricts its ability to carry out the action and to deliver results, that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or knowhow needed for the purposes of the action, or that undermines its capabilities and standards necessary to carry out the action;
(b) access by a non-associated third country or by a non-associated third-country entity to sensitive information relating to the action is prevented and the employees or other persons involved in the action have national security clearance issued by a Member State or an associated country, where appropriate;
If considered to be appropriate by the Member State or the associated country in which the legal entity is established, additional guarantees may be provided.
The Commission shall inform the committee referred to in Article 57 of any legal entity considered to be eligible in accordance with this paragraph.

Or. fr

Justification

Such a derogation is unacceptable. Strict eligibility criteria must be adhered to. The Member States may acquire defence materials or equipment manufactured in Europe by entities which are controlled by foreign companies or whose decision-making centres are situated in third countries. This is a sovereign decision that rests with the Member States. However, such purchases must be excluded from EU funding arrangements unless this undermines the ultimate objective of the EDIP, namely the development and consolidation, for strategic, long-term purposes, of a genuinely independent EDTIB.

Amendment 513

Marc Botenga

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	deleted
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:
(a) control over the legal entity is not exercised in a manner that restrains or restricts its ability to carry out the action and to deliver results, that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or knowhow needed for the purposes of the action, or that undermines its capabilities and standards necessary to carry out the action;
(b) access by a non-associated third country or by a non-associated third-country entity to sensitive information relating to the action is prevented and the employees or other persons involved in the action have national security clearance issued by a Member State or an associated country, where appropriate;
If considered to be appropriate by the Member State or the associated country in which the legal entity is established, additional guarantees may be provided.
The Commission shall inform the committee referred to in Article 57 of any legal entity considered to be eligible in accordance with this paragraph.

Or. en

Amendment 514

Pierre-Romain Thionnet

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if :
	a) the non-associated third country or a non-associated third country entity controlling the legal entity established in the Union or in an associated country does not have, or is not subject to, legislation imposing on that legal entity obligations of any kind or allowing access to any type of transactions or business data, including commercially sensitive data.
	b) the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.

Or. en

Amendment 515

Nicolás Pascual de la Parte

on behalf of the Committee on Security and Defence

Susana Solís Pérez

on behalf of the Committee on Industry, Research and Energy

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.

Or. en

Amendment 516

Bruno Gonçalves

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation.

Or. en

Amendment 517

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, and if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission and any requesting Member State or associated country.

Or. en

Amendment 518

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

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission. In that case, the Member State shall issue a specific declaration for this purpose.

Or. en

Amendment 519

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission.	By way of derogation from paragraph 4, a legal entity established in the Union or in an associated country and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if the acquisition of its control by a non-associated third country or a non-associated third-country entity, has been subject to screening within the meaning of Regulation (EU) 2019/452 of the European Parliament and of the Council and, where necessary, to appropriate mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, and if guarantees approved by the Member State or the associated country in which it is established in accordance with its national procedures are made available to the Commission and to the Μember State that so requests.

Or. en

Amendment 520

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	The Commission, or the procurement agency, shall provide, upon request an assessment, as appropriate, on the entities controlled by third countries to the MS, whose security and defence interests may be affected.

Or. en

Amendment 521

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1 b (new)

Text proposed by the Commission	Amendment
	Recipients and subcontractors should self-declare, to the Commission, or the procurement agency, from the outset that they wish to participate in EDIP actions in accordance with Art. 10, 27, so that cases of entities controlled by third countries are flagged at an early stage, before the comitology process.

Or. en

Amendment 522

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 1 c (new)

Text proposed by the Commission	Amendment
	Recipients and subcontractors should be obliged to notify immediately the Commission, or the procurement agency, on the occasions of ownership change, during an eligible action, in case that change involves control by third country or by third-country entities. The Commission, or the procurement agency, should monitor any changes in the ownership status of recipients and subcontractors in EDIP actions, which are relevant under Articles 18 and 29, including by regularly informing the eligible entities about their clear obligation to self-declare such changes the soonest possible. Furthermore, the Commission, or the procurement agency, shall issue, yearly, a list of participating recipients and subcontractors that are relevant under Articles 10 and 27.

Or. en

Amendment 523

Nicolás Pascual de la Parte

on behalf of the Committee on Security and Defence

Susana Solís Pérez

on behalf of the Committee on Industry, Research and Energy

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:	The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. Placing special emphasis on not contravening neither undermining objective described under article 4 (4), related to the development of the European Industrial Technological Base (EDTIB), as set out complementary in EDIS. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:

Or. en

Amendment 524

Costas Mavrides

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:	The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests and the sovereignty rights of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. Recognition of all MSs constitutes a prerequisite for a third country to be included in EU such projects. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:

Or. en

Amendment 525

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

Article 10 – paragraph 5 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:	The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:

Or. en

Justification

This condition for guarantees does not appear in either the ASAP or the EDIP Regulation. Moreover, the Commission has not provided any justification or rational for this restriction.

Amendment 526

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

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:	The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene nor undermine the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:

Or. en

Amendment 527

Bruno Gonçalves

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
The guarantees shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The guarantees shall also comply with Article 11(8), point (c). The guarantees shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:	The screening shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4. The screening shall also comply with Article 11(8), point (c). The screening shall in particular substantiate that, for the purposes of an action, measures are in place to ensure that:

Or. en

Amendment 528

Alexandr Vondra, Ondřej Krutílek

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) By way of derogation from paragraph 3 and 4 of this Article, a legal entity that is not located on the territory of a Member State or of an associated country and might be subject to control by a non-associated third country or by a non-associated third-country entity, shall be eligible to be a recipient of Union funding under the Programme involved in an action, if this is of essential strategic security and defence interest to the Union and its Member States. In this event the Member State or the associated country involved in the funding of the action under the Programme will make available to the Commission guarantees in line with its national procedures that shall provide assurances that the involvement in an action of such a legal entity would not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the Treaty on European Union (TEU), or the objectives set out in Article 4.

Or. en

Amendment 529

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 3 a (new)

Text proposed by the Commission	Amendment
	Any Member State, which considers that the security and defence interests of the Union and of any of its Member States, including the principle of good neighbourly relations, are at stake, may submit dully justified motivated comments to the Member State or the associated country issuing the guarantees.
	The Commision shall consult the concerned Member States and associated countries on how to best address the risks identified and issue a duly justified opinion on the participation of the entity.
	The Member State or the associated country issuing the guarantees, after taking into consideration the motivated comments submitted by the interested Member State, and the opinion of the Commission, shall inform the concerned Member State and the Commission on its decision on the guarantees.

Or. en

Amendment 530

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 3 a (new)

Text proposed by the Commission	Amendment
	Any Member State may issue duly justified motivated comments to the Member State that provided guarantees if it considers that the security and defence interests of the Union and its Member States are at stake, including respect by the third country, controlling the entity, for the principle of good neighbourly relations.

Or. en

Amendment 531

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 3 b (new)

Text proposed by the Commission	Amendment
	The Member State responsible for providing guarantees shall take duly into consideration the comments of the Member State issuing comments and shall inform the said Member State and the Commission on its decision to proceed with the guarantees.

Or. en

Amendment 532

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 3 c (new)

Text proposed by the Commission	Amendment
	The Commission shall discuss with concerned Member States how to best address the risks identified and shall issue a duly justified opinion addressed to the Member States concerned on the participation of the entity.

Or. en

Amendment 533

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 4

Text proposed by the Commission	Amendment
The Commission shall inform the committee referred to in Article 57 of any legal entity considered to be eligible in accordance with this paragraph.	The Commission shall inform the committee referred to in Article 58 paragraph 3 of any legal entity considered to be eligible in accordance with this paragraph, as well as the guarantees provided by the responsible Member State or associated country and any relevant opinions issued by the Commission.

Or. en

Amendment 534

Dimitris Tsiodras

Proposal for a regulation

Article 10 – paragraph 5 – subparagraph 4

Text proposed by the Commission	Amendment
The Commission shall inform the committee referred to in Article 57 of any legal entity considered to be eligible in accordance with this paragraph.	The Commission shall inform the committee referred to in Article 58 para 3 of any legal entity considered to be eligible in accordance with this paragraph and the relevant guarantees provided by the responsible Member State as well as, the case may be, opinions of the Commission.

Or. en

Amendment 535

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 10 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. The Commission shall develop a standardised template for the participation of legal entities which are established in more than one Member State of the Union and are controlled by a non-associated third country or a non-associated third country entity, to be used when such entities are eligible for participation in the programme.

Or. en

Amendment 536

Costas Mavrides

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).	When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c). Cooperation with entities from non-associated third countries that engage in the illegal occupation of EU territory or violate the territorial integrity of a Member State or Ukraine shall be deemed incompatible with the security and defence interests of the Union.

Or. en

Amendment 537

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).	When carrying out an eligible action, recipients may cooperate with legal entities that are not SMEs nor mid-caps. They may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).

Or. en

Amendment 538

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).	When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities located in the territory of a Member State or of an associated country, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).

Or. en

Amendment 539

Riho Terras, Jüri Ratas

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).	When carrying out an eligible action, recipients may also cooperate with legal entities established outside the territory of the Member States or of associated countries, or controlled by a non-associated third country or by a non-associated third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, provided that this does not contravene the security and defence interests of the Union and its Member States. Such cooperation shall be consistent with the objectives set out in Article 4.

Or. en

Justification

Consistency with separate amendment which deletes Article 11(8), point (c).

Amendment 540

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 2

Text proposed by the Commission	Amendment
There shall be no unauthorised access by a non-associated third country, or other non-associated third-country entity to classified information relating to the carrying out of the action and potential negative effects over security of supply of inputs critical to the action shall be avoided.	There shall be no access by a non-associated third country, or other non-associated third-country entity to classified information relating to the carrying out of the action and potential negative effects over security of supply of inputs critical to the action shall be avoided.

Or. en

Amendment 541

Michael Gahler

Proposal for a regulation

Article 10 – paragraph 7

Text proposed by the Commission	Amendment
7. Paragraphs 2 to 6 shall not apply to:	deleted
(a) contracting authorities of Member States and associated countries;
(b) International Organisations;
(c) Structures for European Armament Programme;
(d) the European Defence Agency.

Or. en

Amendment 542

Nicolás Pascual de la Parte

on behalf of the Committee on Security and Defence

Susana Solís Pérez

on behalf of the Committee on Industry, Research and Energy

Proposal for a regulation

Article 10 – paragraph 7 – point d a (new)

Text proposed by the Commission	Amendment
	(d a) The European Union and its institutions and agencies

Or. en