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 910

Jan Farský

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission	Amendment
1. The Programme shall be implemented by work programmes as referred to in Article 110 of the Regulation (EU, Euratom) No 2018/1046. Work programmes shall set out the actions and associated budget required to meet the objectives of the Programme and, where applicable, the overall amount reserved for blending operations.	1. The Programme shall be implemented by work programmes as referred to in Article 110 of the Regulation (EU, Euratom) No 2018/1046. Work programmes shall set out the actions and associated budget required to meet the objectives of the Programme and, where applicable, the overall amount reserved for blending operations and shall include provisions for simplified and streamlined procedures for application, reporting, and evaluation of EDIP projects. .

Or. en

Amendment 911

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 18 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. The Programme shall pay particular attention to geographical balance, and promote a broad geographical coverage in collaborative actions.
	In addition, the actions supported by the Programme shall contribute to reduce the capability gaps between Member States.

Or. en

Amendment 912

Michael Gahler

Proposal for a regulation

Article 18 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. For actions pursuant to Article 11 (4) and 11 (5), the Commission shall set up dedicated work programmes.

Or. en

Amendment 913

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall adopt work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).	2. The Commission shall adopt the work programmes by means of delegated acts pursuant to Article 59a.

Or. en

Amendment 914

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 18 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. In order to ensure accountability to Union citizens, the Commission shall report annually to the European Parliament and to the Council on the progress of the implementation of the Programme, and shall publish a publicly accessible annual report on the implementation of the Programme.
	The annual report shall include consolidated information on the progress made in the implementation of the Programme and the contribution to the benchmarks referred to in Article 2a.
	The annual report shall also include the following information:
	(a) overall expenditure of the Programme broken down by type of actions;
	(b) an overview of the contribution of the Programme to the relevant benchmarks referred to in Article 2a;
	(c) an analysis of the geographical and technological distribution of the projects that have been supported;
	The Commission shall publish on its website the list of beneficiaries of each of the actions supported by the Programme, with an assessment of their compliance with the EU’s security, ethical and environmental standards.

Or. en

Amendment 915

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

Proposal for a regulation

Article 18 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. 2a. The work programme shall include in particular:
	(a) the overall amount of the Union contribution to each type of action referred to in Article 11;
	(b) for actions referred to in Article 11(3), the maximum number of legal entities forming part of the consortium, which shall not exceed 10 legal entities;
	(c) the procedure for the evaluation and selection of proposals, including, where relevant, a description of the milestones, designed in such a way as to mark substantial progress in the implementation of actions, the results to be achieved and the associated amounts to be disbursed, as well as the arrangements for the verification of the milestones, the fulfilment of conditions and the achievement of results;
	(d) the methods for determining and, where applicable, adjusting the funding

Or. en

Amendment 916

Michael Gahler

Proposal for a regulation

Article 18 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. By way of derogation from Article 18 (2), the following actions shall each be adopted by means of a delegated act :
	(a) The deployment of a European Defence Project of Common Interest pursuant to Article 11 (4),
	(b) The setting-up or rejection of a SEAP pursuant to Article 24 (3), or in the case of a major modification of its statute,
	(c) Where the intended action is of a strategic nature and requires Union funding after the 31 December 2027.

Or. en

Amendment 917

Tom Berendsen

Proposal for a regulation

Article 18 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The Commission shall set up a SME-participation-platform providing information to SMEs in order to grant effective and timely involvement in projects and participation opportunities in the supply chain of key defence products.

Or. en

(Justification also added as amendment to preambles.)

Justification

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

Amendment 918

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

Proposal for a regulation

Article 18 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The Commission shall consult the European Parliament before any approval of the annual work programmes.

Or. en

Amendment 919

Michael Gahler

Proposal for a regulation

Article 18 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2 b. The work programmes shall set out, where applicable:
	(a) the contribution of the action to objectives laid out in Article 4, in particular with regard to identified capability priorities and facilitating defence readiness of the EU and its Member States by 2030
	(b) the contribution of the action to facilitate integration of the Ukraine DTIB into the EDTIB;
	(c) the contribution of the action to security of supply and industrial resilience;
	(d) the minimum financial size of the action;
	(e) the indicative amount of financial support for the action;
	(f) the overall amount of the Union contribution to each funding priority as outlined in Article 4 (1a);
	(g) a description the actions;
	(h) the estimated value of the action;
	(i) the procedure for the evaluation and selection of proposals;
	(j) a description of the milestones, which are to be designed in such a way as to mark substantial progress in the implementation of actions, the results to be achieved and the associated amounts that are to be disbursed;
	(k) arrangements for the verification of the milestones referred to in point (j), the fulfilment of conditions and the achievement of results; and
	(l) the methods for determining and, where applicable, adjusting the funding amounts

Or. en

Amendment 920

Michael Gahler

Proposal for a regulation

Article 18 a (new)

Text proposed by the Commission	Amendment
	Article 18a
	Monitoring Officer
	1. For each action pursuant to article 11 (4), the Commission in consultation with the participating Member States, shall appoint a monitoring officer who shall be assigned to the administrative support structure to be set up by Member States with a view to the regular monitoring of the implementation of the actions, and for preparing the report referred to in Article 66. Every three month the monitoring officer shall send a respective progress report to the Commission.
	2. The monitoring officers shall be involved in briefing the European Parliament. Such briefings at the request of the European Parliament shall be held at the level of EU Restricted.
	3. When briefing the European Parliament, the Commission shall ensure that the necessary conditions for the protection of EU classified information are met.

Or. en

Amendment 921

Michael Gahler

Proposal for a regulation

Article 18 b (new)

Text proposed by the Commission	Amendment
	Article 18b
	Information, communication and publicity
	1. The Commission and the Member States shall provide economic entities of the EDTIB, in particular SMEs and small mid-caps, with the necessary information to facilitate their participation under this Instrument.
	2. Without prejudice to the applicable Union law or national laws and regulations for the protection of classified information and sensitive information, the recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
	3. The Commission shall implement information and communication actions relating to the Instrument, to actions taken pursuant to the Instrument and to the results obtained.
	4. Financial resources allocated to the Instrument shall contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives set out in Article 4.

Or. en

Amendment 922

Jan Farský

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046. To enhance EU defense capabilities and security, the European Commission shall develop a competitive bidding framework solely for defense projects. This framework shall prioritize projects that directly contribute to the development of advanced military technologies, facilitate participation of national promotional banks and asign funding to eligible manufacturing consortiums. .
_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 923

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

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom)6 . To enhance EU defense capabilities and security, the European Commission shall develop a competitive bidding framework solely for defense projects. This framework shall prioritize projects that directly contribute to the development of Defense equipment, facilitate participation of national promotional banks and asign funding to eligible manufacturing consortiums.
_________________	_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).	6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 924

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

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST) accounting up to 10% of the total funding of EDIP. It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .
_________________	_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).	6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 925

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 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs, small mid-caps and other mid-caps, a blending operation offering debt and/or equity support may shall be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .
_________________	_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).	6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 926

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps from European Union, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .
_________________	_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).	6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 927

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

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission	Amendment
1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs and small mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .	1. In order to leverage, de-risk and speed-up investments needed to increase the defence manufacturing capacities of SMEs, mid-caps, a blending operation offering debt and/or equity support may be established (Fund to Accelerate defence Supply-chains’ Transformation (FAST). It shall be implemented in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046 and Regulation (EU) 2021/5236 .
_________________	_________________
6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).	6 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30–89, ELI: http://data.europa.eu/eli/reg/2021/523/oj).

Or. en

Amendment 928

Sebastiaan Stöteler, Pierre-Romain Thionnet

Proposal for a regulation

Article 19 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) achieve a satisfactory multiplier effect in line with the debt and equity mix and contributing to attracting both public and private-sector financing;	(a) (a) achieve a satisfactory multiplier effect in line with the debt and equity mix and contributing to attracting public and in particular, to a significant extent, private-sector financing by removing investment barriers and actively encouraging private sector involvement by all available means;

Or. en

Amendment 929

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 19 – paragraph 2 – point b – introductory part

Text proposed by the Commission	Amendment
(b) provide support to SMEs (including start-ups and scale-ups) and small midcaps across the Union, which are facing difficulties in accessing finance and which:	(b) provide support to SMEs (including start-ups and scale-ups) small midcaps across the Union, which are facing difficulties in accessing finance and which:

Or. en

Amendment 930

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

Proposal for a regulation

Article 19 – paragraph 2 – point b – introductory part

Text proposed by the Commission	Amendment
(b) provide support to SMEs (including start-ups and scale-ups) and small midcaps across the Union, which are facing difficulties in accessing finance and which:	(b) provide support to SMEs (including start-ups and scale-ups) and midcaps across the Union, which are facing difficulties in accessing finance and which:

Or. en

Amendment 931

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 19 – paragraph 2 – point b – point ii a (new)

Text proposed by the Commission	Amendment
	(ii a) industrialise or manufacture civilian technologies that can contribute to the technological advancement of European defence technological capability with limited adaptation.

Or. en

Amendment 932

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 19 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The EIB Group shall be involved in the overall financial envelope of the Programme in order to increase the available budget and leverage the overall investment potential, in particular targeting SMEs defence industry entities.

Or. en

Amendment 933

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Only entities established in the Union or in an associated country and they are not ubject to control by a third country or by a third-country entity shall be entitled to receive support under FAST

Or. en

Amendment 934

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

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The Union financial contribution referred to in this article shall be at least 25% of the amount referred to in Article 5(1).

Or. en

Amendment 935

Jan Farský

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. 3. The Union financial contribution referred to in this article shall be at least 20% of the amount referred to in Article 5(1).

Or. en

Amendment 936

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

Proposal for a regulation

Article 19 a (new)

Text proposed by the Commission	Amendment
	Article19a
	Objectives
	1. The Ukraine Support Instrument shall contribute to the recovery, reconstruction and modernisation of the Ukrainian DTIB and aim to increase the readiness and competitiveness of the Ukrainian DTIB and to support Ukraine in manufacturing most critical capacities in quantities needed to respond to current military threats against its sovereignty and territorial integrity, in particular through:
	(a) scaling-up direct investment into Ukraine industrial defence capacities, creating new or adapting or ramping-up new manufacturing capacities in Ukraine, and licensing production cooperation through public-private partnerships or other forms of cooperation, such as joint ventures;
	(b) increasing procurement of defence capacities produced in Ukraine
	(c) increasing cooperation on common procurement of defence products in accordance with Ukraine’s military needs;
	(d) enhancing cross-border cooperation between the EDTIB and the Ukrainian DTIB, including by providing technical assistance and incentivizing exchanges of personnel;
	(e) supporting the protection of Ukraine DTIB’s assets;
	(f) supporting Ukraine in its progressive alignment with Union rules, standards, policies and practices (‘acquis’) with a view to future Union membership.

Or. en

Amendment 937

Daniel Attard

Proposal for a regulation

Article 19 a (new)

Text proposed by the Commission	Amendment
	Article19a
	Non-Prejudice to National Security, Defence, and Neutrality Provisions
	1. This Regulation shall be implemented in full respect of the specific character of the security and defence policy of each Member State, as recognised in Article 42(2) of the Treaty on European Union and Article 4(2) of the Treaty on the Functioning of the European Union.
	2. No provision of this Regulation shall be construed as imposing any obligation on a Member State to participate in any activity, measure, programme, or action which would affect its constitutional provisions, legal requirements, or policies concerning neutrality or non-alignment.

Or. en

Justification

This amendment provides an overarching legal safeguard, ensuring that participation in any of the Regulation’s measures remains fully consistent with Member States’ national constitutional provisions and policies. It protects Member States’ sovereign choices in defence and security policy, particularly neutrality and non-alignment, as guaranteed under the Treaties.

Amendment 938

Michael Gahler

Proposal for a regulation

Article 19 a (new)

Text proposed by the Commission	Amendment
	Article 19a
	Development of critical components in the EU
	1. Based on information provided by Member States and undertakings, the Commission, assisted by EU Observatory of Critical Technologies and the European Defence Agency, shall prepare a list of critical components of non-EU origin for which no alternative exists in the Union and take appropriate measures to foster their development in the Union, including through research and development, and in particular, through the European Defence Fund.

Or. en

Amendment 939

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

Proposal for a regulation

Article 19 b (new)

Text proposed by the Commission	Amendment
	Article19b
	Budget
	1. The budget for the implementation the Ukraine Support Instrument shall be composed of:
	(a) EUR 5 000 millions in current prices from the overall budget of the Regulation 2025/0122 establishing the Security Action for Europe (SAFE) through the reinforcement of European defence industry instrument 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) the amount of the additional contributions in accordance with Article 19g to the extent earmarked, subject to the conclusion of the agreement referred to in Article 59; and
	(c) amounts which the Commission has decided to reallocate from the Programme in response to unforeseen situations or new developments in accordance with Article 5(2).
	2. The amount referred to in paragraphs 1 of this Article and the amounts of additional contributions referred to in Article 19c may also be used for technical and administrative assistance to Ukrainian authorities for actions supporting the implementation of the Ukraine Support Instrument, 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 Instrument/other elements of the subject matter.
	3. In addition to Article 12(4) of Regulation (EU, Euratom) 2018/1046, unused commitment and payment appropriations shall be automatically carried over and may be committed and used, respectively, until 31 December of the following financial year. The amount carried over shall be used first in the following financial year. The Commission shall inform the European Parliament and the Council of commitment appropriations carried over in accordance with Article 12(6) of Regulation (EU, Euratom) 2018/1046.
	4. 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.
	5. Budgetary commitments for activities extending over more than one financial year may be broken down over several years into annual instalments.
	6. Appropriations may be entered in the Union budget beyond 2027 to cover the expenses necessary to fulfil the objectives set out in Article 4, to enable the management of actions not completed by the end of the Ukraine Support Instrument, as well as expenses covering critical operational activities and services.

Or. en

Amendment 940

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

Proposal for a regulation

Article 19 c (new)

Text proposed by the Commission	Amendment
	Article19c
	Additional financial resources
	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 Ukraine Support Instrument in accordance with Article 208(2) of the Financial Regulation. Such financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a), (d), or (e) or Article 21(5) of the Financial Regulation
	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 reinforcing the Ukrainian DTIB.

Or. en

Amendment 941

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

Proposal for a regulation

Article 19 d (new)

Text proposed by the Commission	Amendment
	Article19d
	Alternative, combined and cumulative funding
	1. The Ukraine Support Instrument 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 Ukraine Support Instrument, 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.
	2. In order to be awarded a Seal of Excellence under the Ukraine Support Instrument, actions shall comply with all of the following conditions:
	(a) they have been assessed in a call for proposals under the Ukraine Support Instrument;
	(b) they comply with the minimum quality requirements of that call for proposals;
	(c) they are not financed under that call for proposals due to budgetary constraints.

Or. en

Amendment 942

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

Proposal for a regulation

Article 19 e (new)

Text proposed by the Commission	Amendment
	Article19e
	Use of financing not linked to costs
	1. Where the Union grant takes the form of financing not linked to costs for actions reinforcing the Ukrainian DTIB, the Ukraine Support Instrument may finance up to 100 % of the eligible costs for actions referred to in Article 21a(1), points (b) and (c). For those actions, the level of Union contribution may in addition to the factors referred to in Article 3(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 943

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

Proposal for a regulation

Article 19 f (new)

Text proposed by the Commission	Amendment
	Article19f
	Implementation and forms of Union funding
	1. The Ukraine Support Instrument 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.
	2. Union funding may be provided in any of the forms laid down in the Regulation (EU, Euratom) No 2018/1046, except for blending operations under the InvestEU programme in accordance with Title X of the Regulation (EU, Euratom) No 2018/1046.
	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 under the Ukraine Support Instrument 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.
	4. Financial contributions may, where relevant and necessary for the implementation of an action, cover actions started and costs incurred prior to the date of the submission of the proposal for those actions, provided that those actions did not start before [date of entry into force of EDIP] and have not been completed before the signature of the grant agreement. Such financial contributions shall be awarded on the condition that they comply with the criteria set out in Article 196(2) of the Financial Regulation.

Or. en

Amendment 944

Roberto Vannacci

Proposal for a regulation

Chapter II – Section 3

Text proposed by the Commission	Amendment
3 [...]	deleted

Or. en

Amendment 945

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

Proposal for a regulation

Chapter II – Section 3

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 946

Georgiana Teodorescu

Proposal for a regulation

Chapter II – Section 3

Text proposed by the Commission	Amendment
[...]	deleted

Or. ro

Amendment 947

Georgiana Teodorescu

Proposal for a regulation

Article 20

Text proposed by the Commission	Amendment
Article 20	deleted
Specific provisions applicable to the Ukraine Support Instrument
1. Article 13 shall apply to actions under the Ukraine Support Instrument. Articles 8, 11, 12, 14, 16, 17 and Article 18 shall apply mutatis mutandis.
2. By derogation from Article 17(1) activities referred to in Article 11(3) may finance up to 100 % of the eligible costs.
3. References to associated countries in Articles 8, 9, 11, 12, 14 and 16 shall not apply to this section.
4. References to blending operations in Articles 8 shall not apply to this section.

Or. ro

Amendment 948

András Gyürk, György Hölvényi

Proposal for a regulation

Article 20

Text proposed by the Commission	Amendment
Article 20	deleted
Specific provisions applicable to the Ukraine Support Instrument
1. Article 13 shall apply to actions under the Ukraine Support Instrument. Articles 8, 11, 12, 14, 16, 17 and Article 18 shall apply mutatis mutandis.
2. By derogation from Article 17(1) activities referred to in Article 11(3) may finance up to 100 % of the eligible costs.
3. References to associated countries in Articles 8, 9, 11, 12, 14 and 16 shall not apply to this section.
4. References to blending operations in Articles 8 shall not apply to this section.

Or. en

Amendment 949

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

Proposal for a regulation

Article 20

Text proposed by the Commission	Amendment
Article 20	deleted
Specific provisions applicable to the Ukraine Support Instrument
1. Article 13 shall apply to actions under the Ukraine Support Instrument. Articles 8, 11, 12, 14, 16, 17 and Article 18 shall apply mutatis mutandis.
2. By derogation from Article 17(1) activities referred to in Article 11(3) may finance up to 100 % of the eligible costs.
3. References to associated countries in Articles 8, 9, 11, 12, 14 and 16 shall not apply to this section.
4. References to blending operations in Articles 8 shall not apply to this section.

Or. en

Amendment 950

Roberto Vannacci

Proposal for a regulation

Article 20

Text proposed by the Commission	Amendment
Article 20	deleted
Specific provisions applicable to the Ukraine Support Instrument
1. Article 13 shall apply to actions under the Ukraine Support Instrument. Articles 8, 11, 12, 14, 16, 17 and Article 18 shall apply mutatis mutandis.
2. By derogation from Article 17(1) activities referred to in Article 11(3) may finance up to 100 % of the eligible costs.
3. References to associated countries in Articles 8, 9, 11, 12, 14 and 16 shall not apply to this section.
4. References to blending operations in Articles 8 shall not apply to this section.

Or. en

Amendment 951

András Gyürk, György Hölvényi

Proposal for a regulation

Article 21

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 952

Georgiana Teodorescu

Proposal for a regulation

Article 21

Text proposed by the Commission	Amendment
[...]	deleted

Or. ro

Amendment 953

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

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
2. Recipients of Union funding shall be established in the Union or in Ukraine.	2. Recipients of Union funding shall be established in the Union or in Ukraine and their executive management structures shall be in the Union or in Ukraine. Legal entities established in the non-government controlled areas of Ukraine shall not be eligible for support under this Regulation until such areas are fully retaken by Ukraine.

Or. en

Amendment 954

Roberto Vannacci

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
2. Recipients of Union funding shall be established in the Union or in Ukraine.	2. Recipients of Union funding shall be established in the Union

Or. en

Amendment 955

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

Proposal for a regulation

Article 21 – 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 Ukraine. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of Ukraine, 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 Ukraine.

Or. en

Amendment 956

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 21 – 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 Ukraine. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of Ukraine, 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 Ukraine.

Or. en

Amendment 957

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

Proposal for a regulation

Article 21 – 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 Ukraine. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of Ukraine, 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 involved in anaction which are used for the purposes of the action shall be located on the territory of a Member State or of Ukraine for the entire duration of the action.

Or. en

Amendment 958

Roberto Vannacci

Proposal for a regulation

Article 21 – 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 Ukraine. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of Ukraine, 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. Where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States, 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.

Or. en

Amendment 959

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

Proposal for a regulation

Article 21 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. By way of derogation from paragraph 3 of this Article, where recipients involved in an action 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 or resources which are located or held outside the territory of the Member States or Ukraine, provided that such use does not contravene the security and defence interests of the Union its Member States, or Ukraine, including respect for the principle of good neighbourly relations, and is consistent with the objectives set out in Article 4. The costs related to activities using such infrastructure, facilities, assets or resources shall not be eligible for support from the Programme.

Or. en

Amendment 960

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

Proposal for a regulation

Article 21 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. By way of derogation from paragraph 3 of this article, where recipients have no readily available alternatives or relevant infrastructure, facilities, assets and resources in the Union or in Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside the territory of the Member States or of Ukraine, 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. The costs related to activities using such infrastructure, facilities, assets or resources shall not be eligible for support from the Ukraine Support Instrument.

Or. en

Amendment 961

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 21 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. the participation of SMEs and mid-caps and the action's contribution to the cross-border cooperation in the supply chains throughout the Union

Or. en

Amendment 962

Roberto Vannacci

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purposes of an action supported by the Ukraine Support Instrument, the recipients shall not be subject to control by a third country or by a third-country entity.	deleted

Or. en

Amendment 963

Michael Gahler

Proposal for a regulation

Article 21 – paragraph 4

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

Or. en

Amendment 964

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

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State 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 and controlled by a third country or a third-country entity shall be eligible to be a recipient if guarantees approved by the Member State in which it is established in accordance with its national procedures are made available to the Commission.

Or. en

Amendment 965

Bruno Gonçalves

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State 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 and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation.

Or. en

Amendment 966

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State 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 and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation and if guarantees approved by the Member State in which it is established in accordance with its national procedures are made available to the Commission and any requesting Member State.

Or. en

Amendment 967

Michael Gahler

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
By way of derogation from paragraph 4, a legal entity established in the Union and controlled by a third country or a third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State 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 and controlled by a non-associated third country or a non-associated third-country entity shall be eligible to be a recipient if it 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 mitigation measures, taking into account the objectives set out in Article 4 of this Regulation, or if guarantees approved by the Member State in which it is established in accordance with its national procedures are made available to the Commission.

Or. en

Amendment 968

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 21 – 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

Amendment 969

Bruno Gonçalves

Proposal for a regulation

Article 21 – 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 970

Michael Gahler

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) access by a third country or by a 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, where appropriate;	(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, where appropriate;

Or. en

Amendment 971

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 21 – paragraph 5 – subparagraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) design authority, at both the systems and component level, including the alignment and integration, governance, risk management, standards and guidelines, modularity, abstraction, encapsulation and reusability are not utilised as a means to restrict the contributions of third countries or third country entities currently integrated into the transatlantic defence technological and industrial base;

Or. en

Amendment 972

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, Mariateresa Vivaldini, Carlo Ciccioli

Proposal for a regulation

Article 21 – paragraph 5 – subparagraph 2 – point b b (new)

Text proposed by the Commission	Amendment
	(b b) technical data of Member States and Ukraine is properly located and secured, that data is mapped and permissions granted to formally identified users, with access controls properly managed and monitored to ensure that any defence technologies acquired by Member States or Ukraine from third countries or third country entities are in compliance with relevant export controls and arms regulations;

Or. en

Amendment 973

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 21 – 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 issuing the guarantees.
	The Commision shall consult the concerned Member States on how to best address the risks identified and issue a duly justified opinion on the participation of the entity.
	The Member State ssuing 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 974

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 21 – 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 and any relevant opinions issued by the Commission. .

Or. en

Amendment 975

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

Proposal for a regulation

Article 21 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. The Commission shall make available to Member States a standardised template for the provision of guarantees as referred to in paragraph 5.

Or. en

Amendment 976

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 21 – 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 Ukraine, or controlled by a third country or by a 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 Ukraine, or controlled by a third country or by a third-country entity, including by using the assets, infrastructure, facilities and resources of such legal entities, located in one of the Member States or Ukraine, 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 977

Michael Gahler

Proposal for a regulation

Article 21 – 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 Ukraine, or controlled by a third country or by a 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 Ukraine, 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 or of Ukraine. Such cooperation shall be consistent with the objectives set out in Article 4 and comply with Article 11(8), point (c).

Or. en

Amendment 978

Roberto Vannacci

Proposal for a regulation

Article 21 – 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 Ukraine, or controlled by a third country or by a 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 controlled by a third country or by a 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 979

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 21 – paragraph 6 – subparagraph 2

Text proposed by the Commission	Amendment
There shall be no unauthorised access by a third country, or other 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 third country, or other 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 980

Michael Gahler

Proposal for a regulation

Article 21 – 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 Ukraine;
(b) International Organisations;
(c) The Structures for European Armament Programme;
(d) The European Defence Agency.

Or. en

Amendment 981

Roberto Vannacci

Proposal for a regulation

Article 21 – paragraph 7 – point a

Text proposed by the Commission	Amendment
(a) contracting authorities of Member States and Ukraine;	(a) contracting authorities of Member States;

Or. en

Amendment 982

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

Proposal for a regulation

Article 21 a (new)

Text proposed by the Commission	Amendment
	Article21a
	Eligible actions
	1. Only actions implementing the objectives set out in Article 19a shall be eligible for funding. An eligible action shall relate to one or more of the activities referred to in paragraph 2 to 4:
	2. Activities related to cooperation of public authorities in defence procurement processes (defence cooperation actions) may cover the cooperation for common procurement of defence products, throughout the life cycle of defence products, including for the purpose of building Defence Industrial Readiness Pools as referred to Article 21d;
	3. Activities related to speeding up the adjustment to structural changes of the production capacity of defence products, including their components and corresponding raw materials insofar as they are intended or used wholly for the production of defence products (industry reinforcement actions) may cover:
	(a) the optimisation, expansion, modernisation, upgrading or repurposing of existing, or the establishment of new, production capacities insofar as those components and raw materials are intended or used wholly for the production of defence products, in particular with a view to increasing production capacity or reducing lead production times, including on the basis of the procurement or acquisition of the requisite machine tools and any other necessary input;
	(b) the establishment of cross-border industrial partnerships, including through public private partnerships or other forms of industrial cooperation, in a joint industrial effort, including activities that aim to coordinate the sourcing or reservation and stockpiling of defence products, components and corresponding raw materials insofar as those components and raw materials are intended or used wholly for the production of defence products, as well as to coordinate production capacities and production plans;
	(c) the building-up and making available of reserved surge manufacturing capacities (ever warm facilities) of defence products, their components and corresponding raw materials, insofar as those components and raw materials are intended or used wholly for the production of defence products, in accordance with ordered or planned production volumes;
	(d) fostering industrialisation and commercialisation of defence products that have been developed in the framework of actions funded by the Union or other cooperative activities conducted with support by at least two Member States including through the establishment of cross-border industrial partnerships, public private partnerships or other forms of industrial cooperation, ramping-up of initial production as well as licensing production, where appropriate;
	(e) the testing, including the necessary infrastructure, and, as appropriate, reconditioning certification of defence products with a view to addressing their obsolescence and making them useable by end users.
	4. Supporting activities (‘support actions’) may cover:
	(a) activities that aim to increase interoperability and interchangeability, including the cross certification of defence products and activities leading to mutual recognition of certification or to facilitate the implementation of military standards;
	(b) activities to strengthen security of supply and resilience, in particular by facilitating the access to the defence market for SMEs, small mid-caps, other mid-caps and start-ups and support to obtain the necessary quality and production certifications;
	(c) the training, reskilling or upskilling of personnel in relation to the activities referred to in this Article;
	(d) the procurement of physical and cyber protection systems in relation to the activities referred to in paragraph 3, including effective engagement;
	(e) coordination and (technical) support actions, in particular addressing identified bottlenecks in production capacities and supply chains with a view to securing and accelerating the production of crisis-relevant products in order to ensure their effective supply and timely availability
	(f) Union support to Structures for European Armament Programme notably for the purpose of managing and maintaining a Defence Industrial Readiness Pool as referred to in Article 21d
	(g) Emergency activities, including emergency defence innovation where the measure referred to in Article 52 is activated.
	5. For activities referred to in paragraphs 2, in paragraph 3, point (d), and in paragraph 55, point (a), the action shall be carried out by legal entities cooperating within a consortium of at least five eligible legal entities which are established in at least five different Member States or Ukraine. At least five of those eligible legal entities established in at least four different Member States or Ukraine shall not, during the entire period in which the action is carried out, be controlled, directly or indirectly, by the same legal entity and shall not control each other.
	6. By derogation from paragraph 5, the action may be carried out by a Structure for European Armament Programme.
	7. The following actions shall not be eligible for funding under the Programme:
	(a) actions related to goods or services which are prohibited by applicable international law;
	(b) actions related to lethal autonomous weapons without the possibility of meaningful human control over selection and engagement decisions when carrying out strikes against humans;
	(c) actions related to goods or services which are subject to control or restriction by third countries or by third-country entities, directly, or indirectly through one or more intermediate legal entities, including in terms of technology transfer;
	(ca) actions related to defence products which design authority, as defined in article 2, isn’t detained in the EU or in Ukraine by an eligible entity as set forth in Article 21;
	(d) actions or parts thereof, that are already fully financed from other public or private sources.
	(da) actions which include sourcing from third countries that contravene the security and defence interests of the Union or its Member States including respect for the principle of good neighbourly relations.
	4. Actions eligible for funding under the Ukraine Support Instrument shall be carried out by or with at least Ukraine or one legal entity established and having its executive management structure in Ukraine.

Or. en

Amendment 983

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

Proposal for a regulation

Article 21 b (new)

Text proposed by the Commission	Amendment
	Article21b
	Award criteria
	1. Proposals shall be assessed in the light of the objectives and priorities set for the action, as referred to in Article 19e, the expected results and the quality and efficiency of the implementation.
	2. In addition to the criteria set out in paragraph 1, proposals for common procurement actions referred to in Article 12 may be evaluated based on one or more of the following criteria:
	(a) the estimated value of the common procurement;
	(b) contribution to recovery, reconstruction and modernisation of the Ukraine DTIB;
	(c) contribution to the acceleration of the procurement and the reduction of the production and delivery lead times of defence products.
	3. In addition to the criteria set out in paragraph 1, proposals for industrial reinforcement actions referred to in Article 13 may be evaluated based on one or more of the following criteria:
	(a) reduction of production lead time and increase in production capacity in Ukraine;
	(b) contribution to ensuring timely availability and supply of defence products throughout Ukraine;
	(c) contribution to cross-border defence industrial cooperation between Ukraine and the Union.
	4. Proposals for actions shall take into account the future integration for Ukrainians DTIB into the EDTIB, thereby contributing to mutual stability, security, peace, prosperity and sustainability

Or. en

Amendment 984

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

Proposal for a regulation

Article 21 c (new)

Text proposed by the Commission	Amendment
	Article21c
	Work programmes
	1. The Ukraine Support Instrument shall be implemented by work programmes as referred to in Article 110 of the Regulation (EU, Euratom) No 2018/1046. Work programmes may be multiannual, when appropriate. Work programmes shall set out the actions and associated budget required to meet the objectives of the Ukraine Support Instrument.
	2. The Commission shall adopt work programmes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).
	3. The Commission shall take into account the coherence between different relevant instruments.
	4. The conditions included in Article 18(2a) for the work programmes of the Programme shall apply to the work programmes of the Ukraine Support Instrument, mutatis mutandi

Or. en

Amendment 985

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

Proposal for a regulation

Article 21 d (new)

Text proposed by the Commission	Amendment
	Article21d
	-1. European Defence Projects of Common Interest shall consist of collaborative industrial projects aimed at reinforcing the competitiveness of the EDTIB throughout the Union while contributing to the development of Member States’ military capabilities and systems of common interest and/or use, including those securing access to all operational domains
	1. The Commission shall identify European Defence Projects of Common Interest for funding in the work programme referred to in Article 18.
	1a. The Commission, where appropriate, may propose to the participating Member States to include Ukraine in the EDPCIs
	2. The Commission shall, when identifying projects referred to in paragraph 1:
	(a) duly consider the guidance provided in the context of the Defence Industrial Readiness Board, in particular the contribution of the project to the capability priority identified in the context of the CFSP, notably of the Capability Development Plan, and the objectives of the European Defence Industrial Strategy, and the Strategic Compass for security and defence;
	(b) identify overall financing needs and potential impacts for the Union budget;
	(c) take into account any views of Member States.
	3. European Defence Projects of Common Interest shall meet the following general criteria:
	(a-) the project contributes to the defence capabilities critical for the security and defence interests of the whole Union and therefore is in the european public interest;
	(a) the project aims at developing capabilities which secure access to strategic domains and contested spaces, strategic enablers, and, as appropriate, systems acting as European defence infrastructure of common interest and use; (aa) the project improves standardisation, interoperability and interchangeability within the capability domain;
	(ab) the benefits of the project extend to a wider part of the Union; (ac) the projects shall be particularly significant in size or scope and aim at mitigating a considerable level of technological or financial risk;
	(b) the potential overall benefits of the project outweigh its costs, including in the longer term.
	4. A European Defence Project of Common Interest shall involve at least six Member States, or five Member States and Ukraine. The European Commission shall be able to participate in the project.
	5. A European Defence Project of Common Interest may be established in the framework of Structures for European Armament Programmes referred to in Chapter 3.
	6. Member States may, without prejudice to Articles 107 and 108 TFEU, apply support schemes and provide for administrative support to European Defence Projects of Common Interest.
	7. The Union financial contribution referred to in Article 17 shall not exceed 50% of the amount referred to in Article 5(1).
	8. The deployment of European Defence Projects of Common Interest may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of related production facilities may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilled.

Or. en

Amendment 986

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

Proposal for a regulation

Article 21 e (new)

Text proposed by the Commission	Amendment
	Article21e
	European Military Sales Mechanism
	1. To ensure the availability of EU defence products in time and in volume thereby fostering the competitiveness of the EDTIB as well as, where relevant, of the Ukrainian DTIB, the Commission shall establish a Military Sales Mechanism (MSM), which shall consist of the following set of measures (EU MSM):
	(a-) the establishment of an EU Defence Industry Authority (EUDIA);
	(a) the establishment of a single, centralised, up to date catalogue of defence products developed by the EDTIB;
	(b) the creation of a framework for procurement associated with the catalogue referred to in (a), conducted by the Commission through the EUDIA, as well as any supporting actions which build capacity related to facilitating joint procurement from defence industrial readiness pool, to increase availability and speed up delivery time of EU-made defence products, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries and Ukraine;
	(c) the facilitation and speeding up of procurement procedures in a spirit of solidarity;
	(d) the support to administrative capacity building related to public procurement of defence products, with the aim of facilitating joint procurement.

Or. en

Amendment 987

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

Proposal for a regulation

Article 21 f (new)

Text proposed by the Commission	Amendment
	Article21f
	European Defence Industrial Authority (EUDIA)
	1. The European Union Defence Industrial Authority is hereby established.
	2. The European Union Defence Industrial Authority is responsible for the following tasks:
	(a) managing the catalogue referred to in Article 21b;
	(b) planning, programming and procuring defence products and capabilities on behalf of the Member States, including as the procurement authority of the European Military Sales Mechanism;
	(c) acting as a central purchasing body to procure defence products, components and raw materials on behalf or in the name of the interested Member States, as referred to in Article 168(3) of the Financial Regulation.
	(d) establishing, managing and maintaining Defence Industrial Readiness Pools;
	2. By derogation from Article 168(3) of the Financial Regulation together with at least one Member State, an associated country or Ukraine may also request the EUDIA to act as central purchasing body to procure on their behalf or in their name.
	3. As part of the procurement referred to in paragraph 1, participating Member States, associated countries or Ukraine may procure relevant defence products, components and raw materials of defence products for the purpose of building strategic reserves in the framework of Defence Industrial Readiness Pools, referred to in article 21d.

Or. en

Amendment 988

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

Proposal for a regulation

Article 21 g (new)

Text proposed by the Commission	Amendment
	Article21g
	European Military Sales Catalogue
	1. The Commission shall establish a single, centralised catalogue of defence products developed by the EDTIB and the Ukrainian DTIB (‘catalogue’);
	2. The Commission shall draw up the technical specifications for and procure the corporate IT platform required to establish the catalogue, based on consultations with the Defence Industrial Readiness Board.
	3. The EUDIA shall be responsible for managing the catalogue and keeping it up-to-date;
	4. Member States and economic operators shall provide to the EUDIA the necessary information to inform the catalogue;
	5. Ukraine may provide to the EUDIA the necessary information to allow its economic operators to be added to the catalogue;

Or. en

Amendment 989

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

Proposal for a regulation

Article 21 h (new)

Text proposed by the Commission	Amendment
	Article21h
	Defence Industrial Readiness Pools (DIRP)
	1. To ensure the availability of EU defence products, components of defence products, as well as raw materials necessary for their production, in time and in volume, the EUDIA shall create defence industrial readiness pools, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries and Ukraine;
	2. Member States procuring jointly or the EUDIA acting as a central purchasing body on their behalf may contribute through in-kind contributions to build-up these defence industrial readiness pools referred to in paragraph 1.
	2a. Defence Industrial Readiness Pools will be managed and maintained by the EUDIA. Direct and indirect costs of managing and maintaining products, components and raw material will be covered by Member States contributing to the DIRPs;
	2b. The ownership of defence products, components of defence products and raw materials building-up the Defence industrial readiness pools will lay with Member States contributing through in-kind contributions;
	3. Where Member States jointly procure additional quantities or contribute through in-kind contributions to build up a defence industrial readiness pool as referred to in paragraph 1, in the context of a Structure for European Armament Programme, the Commission shall financially support the initiative through:
	(a) support to common procurement of additional quantities as referred to in Article 11(2);
	(b) contribution to the direct and indirect costs of managing and maintaining the Defence Industrial Readiness Pool as referred to in Article 11(5), point (f);
	(c) contribution to administrative capacity building as referred to in Article 11(5).
	4. For the purpose of Member States, associated countries or Ukraine buying from the defence industrial readiness pool managed by a Structure for European Armament Programme, the procurement shall be considered as a government-to-government contract as referred to in Article 13, point (f) of Directive 2009/81/EC.

Or. en

Amendment 990

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

Proposal for a regulation

Chapter II a (new)

Text proposed by the Commission	Amendment
	II a The Ukraine Support Instrument

Or. en

Amendment 991

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission	Amendment
1. A Structure for European Armament Programme (SEAP) shall foster the competitiveness of the EDTIB and of the Ukrainian DTIB by aggregating the demand for defence products throughout their lifecycle.	1. A Structure for European Armament Programme (SEAP) shall foster the competitiveness of the EDTIB and of the Ukrainian DTIB by aggregating the demand for key defence products throughout their lifecycle, by contributing to the integration and consolidation of the European market by reducing the number of different key defence products fulfilling similar duties.
	A SEAP shall be dedicated to the security of the Union and of its Member States, of associated countries, and of Ukraine, prioritising procurement from suppliers based in the Union, Ukraine or associated countries, to ensure strategic autonomy and reduce dependency from third countries.

Or. en

Amendment 992

Diana Iovanovici Şoşoacă

Proposal for a regulation

Article 22 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the common procurement of defence products, technologies or services, including defence R&D, testing and certification, non-recurrent investments related to initial production or in-service support;	(a) the common procurement of defence products, technologies or services, including defence R&D, as well as patents and manufacturing licenses, but also testing and certification in the field of defence, non-recurrent investments related to initial production or in-service support;

Or. en

Amendment 993

Radan Kanev

Proposal for a regulation

Article 22 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the common procurement of defence products, technologies or services, including defence R&D, testing and certification, non-recurrent investments related to initial production or in-service support;	(a) the common procurement of defence products, technologies or services, including defence R&D, testing and certification, non-recurrent investments related to initial production, repair and maintenance, or in-service support;

Or. en

Amendment 994

Radan Kanev

Proposal for a regulation

Article 22 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the joint life-cycle management of defence products, including the procurement of spare parts, logistic services and, where appropriate, establishment of public private partnerships to ensure efficiency and high availability of defence products;	(b) the joint life-cycle management of defence products, including the procurement of spare parts, logistic services, repair and maintenance activities, and, where appropriate, establishment of public private partnerships to ensure efficiency and high availability of defence products;

Or. en

Amendment 995

Petras Auštrevičius

Proposal for a regulation

Article 22 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine (Defence Industrial Readiness Pool).	(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine, or potentially other EU candidate countries (Defence Industrial Readiness Pool).

Or. en

Amendment 996

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

Proposal for a regulation

Article 22 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine (Defence Industrial Readiness Pool).	(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine, through Defence Industrial Readiness Pools referred to in Article 21d.

Or. en

Amendment 997

Georgiana Teodorescu

Proposal for a regulation

Article 22 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States, associated countries or Ukraine (Defence Industrial Readiness Pool).	(c) the dynamic availability management for additional quantities, ensuring an immediate and preferential purchase or use/lease option for Member States or associated countries (Defence Industrial Readiness Pool).

Or. ro

Amendment 998

Yannis Maniatis, Giorgio Gori

Proposal for a regulation

Article 22 – paragraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) the establishment by its members of common export rules for defence products developed and procured in the framework of a SEAP, based on the criteria of Common Position 2008/944/CFSP.

Or. en

Amendment 999

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

Proposal for a regulation

Article 22 – paragraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) the establishment by its members of common export rules for defence products developed and procured in the framework of a SEAP .

Or. en

Amendment 1000

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 22 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. A SEAP shall contribute to the interoperability and interchangeability of key defence products, shall facilitate the implementation of military standards and lead to market consolidation and integration by reducing the number of different key defence products or of parallel projects across the Union.

Or. en

Amendment 1001

Michael Gahler

Proposal for a regulation

Article 23 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a SEAP shall support the collaborative development and procurement of defence products and services in line with the capability priorities commonly agreed by Member States within the framework of the CFSP, including in the context of the Capability Development Plan;	(a) a SEAP shall support the collaborative development and procurement of defence products and services in line with the capability priorities commonly agreed by Member States within the framework of the CFSP, notably in the context of the White Paper for Security and Defence, the Defence Investment Gaps Analysis and Way Forward the Capability Development Plan;

Or. en

Amendment 1002

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

Proposal for a regulation

Article 23 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a SEAP shall support the collaborative development and procurement of defence products and services in line with the capability priorities commonly agreed by Member States within the framework of the CFSP, including in the context of the Capability Development Plan;	(a) a SEAP shall support the collaborative development and procurement of defence products and/or services in line with the capability priorities commonly agreed by Member States within the framework of the CFSP, including in the context of the Capability Development Plan;

Or. en

Justification

The modification gives the possibility to a SEAP to carry out common procurement of European Off-the-Shelf products, even without necessarily going through a common development phase.

Amendment 1003

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(a a) a SEAP shall take into consideration the necessary resilience and climate-proofing of operational and capability planning and development, covering both adaptation and mitigation dimensions;

Or. en

Amendment 1004

Michael Gahler

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine.	(b) a SEAP shall be established by at least three Member States and shall be open to the participation of associated countries or Ukraine.

Or. en

Amendment 1005

Petras Auštrevičius

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine.	(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine, or potentially other EU candidate countries.

Or. en

Amendment 1006

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine.	(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine or Moldova.

Or. en

Amendment 1007

Roberto Vannacci

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine.	(b) a SEAP shall be established by at least three Member States and associated countries;

Or. en

Amendment 1008

Georgiana Teodorescu

Proposal for a regulation

Article 23 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) a SEAP shall be established by at least three Member States, associated countries or Ukraine.	(b) a SEAP shall be established by at least three Member States or associated countries.

Or. ro

Amendment 1009

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(d a) Member states that are members of a SEAP shall adopt a common approach on exports of the relevant defence products, in full compliance with the Council Common Position 2008/944/CFSP.

Or. en

Amendment 1010

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

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(d a) Actions carried out by a SEAP shall respect the eligibility criteria set out in this regulation.

Or. en

Amendment 1011

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 23 – paragraph 1 – point d b (new)

Text proposed by the Commission	Amendment
	(d b) a SEAP shall ensure that at least 75% of procurement contracts, by value, are awarded to SMEs;

Or. en

Amendment 1012

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Member States applying for the setting-up of a SEAP (as the 'applicants’) shall submit an application to the Commission. The application shall contain the following:	1. The Member States applying for the setting-up of a SEAP (as the 'applicants’) shall inform to the Commission about the willing to establish a SEAP. The information document shall contain the following:

Or. en

Amendment 1013

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) a request to the Commission to set up the SEAP;	deleted

Or. en

Amendment 1014

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall assess the application in line with the requirements laid down in this Regulation. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application.	2. The Commission shall assess the information document to check if it is in line with the requirements laid down in this Regulation. The result of such assessment shall be communicated to the applicants in no more than ten working days, who shall, if necessary, be invited to complete or amend the application. In the absence of response from the Comission within the deadline, the proposal should considered to be in line with this Regulation.

Or. en

Amendment 1015

Michael Gahler

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall assess the application in line with the requirements laid down in this Regulation. The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application.	2. The Commission working in liasion with the European Defence Agency shall assess the application in line with the requirements laid down in this Regulation, notably the funding priorities as identified in article 4 (1a) The result of such assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application.

Or. en

Amendment 1016

Michael Gahler

Proposal for a regulation

Article 24 – paragraph 3 – introductory part

Text proposed by the Commission	Amendment
3. The Commission shall, taking into account the results of the assessment referred to in paragraph 2 and in accordance with the procedure referred to in Article 58(3), adopt an implementing act:	3. The Commission shall, taking into account the results of the assessment referred to in paragraph 2 and in accordance with the procedure referred to in Article 58(3), adopt a delegated act:

Or. en

Amendment 1017

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) setting up the SEAP after it has satisfied itself that the requirements laid down in this Regulation are met; or	(a) setting up the SEAP after it has check that the requirements laid down in this Regulation are met; or

Or. en

Amendment 1018

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) reject the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in paragraph (1) (d).	(b) request to modify the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in paragraph (1) (d). When the Comission requests to modify the application it will add in clear and precise terms the points that should be modified in order to comply with this Regulation.

Or. en

Amendment 1019

Jorge Buxadé Villalba

Proposal for a regulation

Article 24 – paragraph 4

Text proposed by the Commission	Amendment
4. The decision on the application shall be notified to the applicants. In the case of a rejection, the decision shall be explained in clear and precise terms to the applicants.	4. The assesment on the application shall be notified to the applicants in no more than twenty working days after the reception of the information document.

Or. en

Amendment 1020

Georgiana Teodorescu

Proposal for a regulation

Article 26 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) Ukraine.	deleted

Or. ro

Amendment 1021

Roberto Vannacci

Proposal for a regulation

Article 26 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) Ukraine.	deleted

Or. en

Amendment 1022

Petras Auštrevičius

Proposal for a regulation

Article 26 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) Ukraine.	(c) Ukraine, or other EU candidate countries.

Or. en

Amendment 1023

Petras Auštrevičius

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States, associated countries or Ukraine may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.	2. Member States, associated countries or Ukraine, or other EU candidate countries, may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.

Or. en

Amendment 1024

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States, associated countries or Ukraine may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.	2. Member States, associated countries or Ukraine or Moldova may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.

Or. en

Amendment 1025

Roberto Vannacci

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States, associated countries or Ukraine may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.	2. Member States, associated countries may join as members at any time after the establishment of the SEAP on fair and reasonable terms specified in the Statutes referred to in Article 27 and as observers without voting rights on conditions specified in the Statutes.

Or. en

Amendment 1026

Costas Mavrides

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission	Amendment
3. A SEAP may also cooperate with non-associated third countries or non-associated third country entities, including by using the assets, infrastructure, facilities and resources, provided that this does not contravene the security and defence interests of the Union and its Member States.	3. A SEAP may also cooperate with non-associated third countries or non-associated third country entities, including by using the assets, infrastructure, facilities and resources, provided that this does not contravene the security and defence interests of the Union and its Member States. 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 1027

Petras Auštrevičius

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission	Amendment
3. A SEAP may also cooperate with non-associated third countries or non-associated third country entities, including by using the assets, infrastructure, facilities and resources, provided that this does not contravene the security and defence interests of the Union and its Member States.	3. A SEAP may also cooperate with non-associated third countries or non-associated third country entities, including by using the assets, infrastructure, facilities and resources, provided that this does not contravene the security and defence interests of the Union and its Member States. Particular consideration should be given to cooperation with the EU candidate countries and legal entities established in the candidate countries.

Or. en

Amendment 1028

Wouter Beke

Proposal for a regulation

Article 26 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. The Commission may join as an observer at any time after the establishment of the SEAP whenever the security and defence interests of the Union might require so.

Or. en

Amendment 1029

Michael Gahler

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission	Amendment
2. Any amendment of the Statutes other than that referred to in paragraph 1 shall be submitted to the Commission by the SEAP within 10 days after its adoption.	2. Any amendment of the Statutes other than that referred to in paragraph 1 shall be submitted to the Commission and the European Defence Agency by the SEAP within 10 days after its adoption.

Or. en

Amendment 1030

Michael Gahler

Proposal for a regulation

Article 28 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may raise an objection to amendments referred to in paragraph 1 within 60 days from the submission giving reasons why the amendment does not meet the requirements of this Regulation.	3. The Commission in liaison with the European Defence Agency may raise an objection to amendments referred to in paragraph 1 within 60 days from the submission giving reasons why the amendment does not meet the requirements of this Regulation.

Or. en

Amendment 1031

Roberto Vannacci, Paolo Borchia

Proposal for a regulation

Article 29 – paragraph 4

Text proposed by the Commission	Amendment
4. Procurements of a SEAP shall comply with the requirements set out in Article 12 paragraphs 3 to 6.	4. When procuring defence products, a SEAP shall apply to its procurement procedures and contracts criteria ensuring that its procurement policy complies with the objectives referred to in Article 22(1); a SEAP shall actively seek to include multiple legal entities from various Member States in the supply chains of defence products;

Or. en

Amendment 1032

Elena Donazzan, Adam Bielan, Reinis Pozņaks, Alberico Gambino, Michał Dworczyk, Daniel Obajtek

Proposal for a regulation

Article 29 – paragraph 4

Text proposed by the Commission	Amendment
4. Procurements of a SEAP shall comply with the requirements set out in Article 12 paragraphs 3 to 6.	4. When procuring defence products, a SEAP shall apply to its procurement procedures and contracts criteria ensuring that its procurement policy complies with the objectives referred to Article 22(1). A SEAP shall actively seek to include multiple legal entities from various Member States in the supply chains of defence products.

Or. en

Amendment 1033

Hans Neuhoff

Proposal for a regulation

Article 31 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Participation in a SEAP shall not impose any obligation on participating Member States to engage in joint force development, nor shall it affect their exclusive national competence in defence matters.

Or. en

Justification

Safeguards national sovereignty and prevents unintended political or operational integration.

Amendment 1034

Michael Gahler

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission	Amendment
1. The Statutes shall determine the procedure to be applied in the case of winding-up of the SEAP following a decision of the assembly of members or in case the Commission repeals the implementing act establishing the SEAP, as referred to in Article 33(6). Winding-up may include the transfer of activities to another legal entity.	1. The Statutes shall determine the procedure to be applied in the case of winding-up of the SEAP following a decision of the assembly of members. Winding-up may include the transfer of activities to another legal entity.

Or. en

Amendment 1035

Michael Gahler

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission	Amendment
1. A SEAP shall produce an annual activity report, containing a technical description and a financial report of its activities referred to in Article 22. It shall be transmitted to the Commission within six months from the end of the financial year.	1. A SEAP shall produce an annual activity report, containing a technical description and a financial report of its activities referred to in Article 22. It shall be transmitted to the Commission, the Council and the European Defence Agency within six months from the end of the financial year. Within three months after the receipt of the report, the Commission shall brief the European Parliament and shall, upon request, provide the report to the European Parliament.

Or. en

Amendment 1036

Michael Gahler

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission may provide recommendations to the SEAP regarding the matters covered in the annual activity report.	2. The Commission and the European Defence Agency may provide recommendations to the SEAP regarding the matters covered in the annual activity report. These recommendations may be shared with the European Parliament.

Or. en

Amendment 1037

Michael Gahler

Proposal for a regulation

Article 33 – paragraph 5

Text proposed by the Commission	Amendment
5. Where the Commission concludes, after having given the SEAP and/or its members a reasonable time to provide their observations, that the SEAP is acting in serious breach of this Regulation, the implementing act establishing it, its statutes or other applicable law, it may propose remedial action to the SEAP and its members.	5. Where the Commission concludes, after having given the SEAP and/or its members a reasonable time to provide their observations, that the SEAP is acting in serious breach of this Regulation, the implementing act establishing it, its statutes or other applicable law, it may propose remedial action to the SEAP and its members. The Commission shall inform the European Parliament about its findings and proposals for remedial action in due course.

Or. en

Amendment 1038

Michael Gahler

Proposal for a regulation

Article 33 – paragraph 6

Text proposed by the Commission	Amendment
6. Where no remedial action is taken, the Commission may repeal the implementing act establishing the SEAP. The repealing act shall be published in the L series of the Official Journal of the European Union. The publication of the act shall trigger the winding-up of the SEAP.	6. Where no remedial action is taken, the Commission, after informing the European Parliament, may withdraw or exclude the SEAP from future financial support from the Union budget.

Or. en

Amendment 1039

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 33 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6 a. A SEAP shall produce an annual activity report, containing in particular the aspects of its activities addressing the objectives referred to in Article 22. It shall be transmitted to the Commission, the Council, the European Parliament, and other relevant public authorities within six months from the end of the corresponding financial year. This report shall be made publicly available.

Or. en

Amendment 1040

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 33 – paragraph 6 b (new)

Text proposed by the Commission	Amendment
	6 b. In order to ensure transparency, accountability and adherence to ethical standards, a SEAP shall be regularly invited by the European Parliament to present the implementation of its activities.
	The European Parliament shall be allowed to receive any procurement decisions. All information received shall be treated in compliance with provisions of Article 61.

Or. en

Amendment 1041

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

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1042

Elena Donazzan, Adam Bielan, Alberico Gambino, Michał Dworczyk, Daniel Obajtek

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1043

Sarah Knafo

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1044

Roberto Vannacci, Paolo Borchia

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1045

Michael Gahler

Proposal for a regulation

Article 35

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1046

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission	Amendment
1. By derogation to [Article 168 of the Financial Regulation recast], Member States, associated countries and, where relevant, Ukraine may request the Commission:	deleted
(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine may acquire, rent or lease fully the defence products jointly procured;
(b) to act as a central purchasing body to procure on behalf of the interested Member States or in their name defence products, as referred to in [Article 168(3) of the Financial Regulation recast].

Or. en

Amendment 1047

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 35 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. By derogation to [Article 168 of the Financial Regulation recast], Member States, associated countries and, where relevant, Ukraine may request the Commission:	1. By derogation to [Article 168 of the Financial Regulation recast], Member States, associated countries and, where relevant, Ukraine may request the European Defence Agency:

Or. fr

Justification

This article enables the Commission to negotiate and cofund defence contracts on behalf of groups of Member States along the lines of what it did as regards vaccine purchases during the COVID-19 crisis. It could act as a central purchasing body. That would appreciably increase the Commission’s defence-related powers, which would go against the letter and spirit of the Treaties. This task should therefore be transferred to the European Defence Agency, which is an intergovernmental body.

Amendment 1048

Georgiana Teodorescu

Proposal for a regulation

Article 35 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. By derogation to [Article 168 of the Financial Regulation recast], Member States, associated countries and, where relevant, Ukraine may request the Commission:	1. By derogation to [Article 168 of the Financial Regulation recast], Member States or associated countries may request the Commission:

Or. ro

Amendment 1049

Petras Auštrevičius

Proposal for a regulation

Article 35 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine may acquire, rent or lease fully the defence products jointly procured;	(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine, or potentially other EU candidate countries, may acquire, rent or lease fully the defence products jointly procured;

Or. en

Amendment 1050

Şerban Dimitrie Sturdza, Claudiu-Richard Târziu

Proposal for a regulation

Article 35 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine may acquire, rent or lease fully the defence products jointly procured;	(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine or Moldova may acquire, rent or lease fully the defence products jointly procured;

Or. en

Amendment 1051

Georgiana Teodorescu

Proposal for a regulation

Article 35 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States, associated countries or Ukraine may acquire, rent or lease fully the defence products jointly procured;	(a) to engage in a joint procurement with them as as referred to in [Article 168(2) of the Financial Regulation recast] whereby Member States or associated countries may acquire, rent or lease fully the defence products jointly procured;

Or. ro

Amendment 1052

Jorge Buxadé Villalba

Proposal for a regulation

Article 35 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) to act as a central purchasing body to procure on behalf of the interested Member States or in their name defence products, as referred to in [Article 168(3) of the Financial Regulation recast].	(b) to act as a central purchasing body to procure by mandate and on behalf of the interested Member States or in their name defence products, as referred to in [Article 168(3) of the Financial Regulation recast].

Or. en

Amendment 1053

Petras Auštrevičius

Proposal for a regulation

Article 35 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) participation in launching the procurement procedure shall be open to all Member States, associated countries and Ukraine, by way of derogation from [Article 168(2) and (3) of the Financial Regulation recast];	(a) participation in launching the procurement procedure shall be open to all Member States, associated countries and Ukraine, and potentially other EU candidate countries, by way of derogation from [Article 168(2) and (3) of the Financial Regulation recast];

Or. en

Amendment 1054

Georgiana Teodorescu

Proposal for a regulation

Article 35 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) participation in launching the procurement procedure shall be open to all Member States, associated countries and Ukraine, by way of derogation from [Article 168(2) and (3) of the Financial Regulation recast];	(a) participation in launching the procurement procedure shall be open to all Member States or associated countries, by way of derogation from [Article 168(2) and (3) of the Financial Regulation recast];

Or. ro

Amendment 1055

Marc Botenga

Proposal for a regulation

Article 35 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the Commission invites at least 4 experts with relevant experience for the negotiations from participating countries with production capacities for the concerned defence product to form a joint negotiation team;	(b) the Commission invites at least 4 experts with relevant experience for the negotiations from participating countries with production capacities for the concerned defence product to form a joint negotiation team; experts acting upon the invitation of the Commission are prohibited to have any commercial links to or interest in the defence sector and may not have had such links for five years preceding their involvement in the Programme;

Or. en

Amendment 1056

Jorge Buxadé Villalba

Proposal for a regulation

Article 35 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) the Commission invites at least 4 experts with relevant experience for the negotiations from participating countries with production capacities for the concerned defence product to form a joint negotiation team;	(b) the Commission, after consultation with the Member States concerned, shall invite at least 4 experts with relevant experience for the negotiations from participating countries with production capacities for the concerned defence product to form a joint negotiation team;

Or. en

Amendment 1057

András Gyürk, György Hölvényi

Proposal for a regulation

Article 35 – paragraph 2 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) Member States’ participation in joint EU defence procurement initiatives shall be structured in a way that does not hinder the development of stable, independent national defence industrial capacities; therefore these initiatives shall complement national efforts;

Or. en

Amendment 1058

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission	Amendment
3. As part of the procurement referred to in paragraph 1(b), the Commission may procure relevant components and raw materials of defence products for the purpose of building strategic reserves.	deleted
When duly justified by the extreme urgency of the situation the Commission may, by way of derogation from Article 172(1) of Regulation (EU, Euratom) 2018/1046, request the delivery of goods or services from the date on which the draft contracts resulting from the procurement carried out for the purposes of this Regulation are sent, which shall be no later than 24 hours as from the award.

Or. en

Amendment 1059

Marc Botenga

Proposal for a regulation

Article 35 – paragraph 4

Text proposed by the Commission	Amendment
4. In order to enter into purchase agreements with economic operators, representatives of the Commission, or experts nominated by the Commission, may carry out on-site visits in cooperation with relevant national authorities at the locations of production facilities of relevant defence products.	4. In order to enter into purchase agreements with economic operators, representatives of the Commission, or experts nominated by the Commission, may carry out on-site visits in cooperation with relevant national authorities at the locations of production facilities of relevant defence products. Experts acting upon the invitation of the Commission are prohibited to have any commercial links to or interest in the defence sector and may not have had such links for five years preceding their involvement in the Programme;

Or. en

Amendment 1060

Michael Gahler

Proposal for a regulation

Article 36

Text proposed by the Commission	Amendment
Article 36	deleted
Advance Purchase of defence products
1. Joint purchasing referred to in Article 35 may take the form of advanced purchasing agreements of defence products negotiated and concluded in the name and on behalf of participating countries. Those agreements may include a prepayment mechanism for the production of such products in exchange for the right to the result, which shall not exceed the parts of the contract on non-recurrent costs and/or the reservation of manufacturing capacities.
2. Where the agreements referred to in paragraph 1 of this Article include a prepayment mechanism, the up-front payment to the contractor shall be covered by the financial envelope referred to Article 5(1). Contributions of participating countries as referred to in Article 6 shall be taken into account in equal terms per item ordered by the participating countries.
3. In cases where the negotiated amounts exceed demand, the Commission, at the request of the Member States concerned, shall elaborate a mechanism for reallocation to national stockpiles or building up of the defence industrial readiness pool as referred to in Article 14(1), point (b).

Or. en

Amendment 1061

Sarah Knafo

Proposal for a regulation

Article 36

Text proposed by the Commission	Amendment
Article 36	deleted
Advance Purchase of defence products
1. Joint purchasing referred to in Article 35 may take the form of advanced purchasing agreements of defence products negotiated and concluded in the name and on behalf of participating countries. Those agreements may include a prepayment mechanism for the production of such products in exchange for the right to the result, which shall not exceed the parts of the contract on non-recurrent costs and/or the reservation of manufacturing capacities.
2. Where the agreements referred to in paragraph 1 of this Article include a prepayment mechanism, the up-front payment to the contractor shall be covered by the financial envelope referred to Article 5(1). Contributions of participating countries as referred to in Article 6 shall be taken into account in equal terms per item ordered by the participating countries.
3. In cases where the negotiated amounts exceed demand, the Commission, at the request of the Member States concerned, shall elaborate a mechanism for reallocation to national stockpiles or building up of the defence industrial readiness pool as referred to in Article 14(1), point (b).

Or. en

Amendment 1062

Marc Botenga

Proposal for a regulation

Article 36 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Any funding supported by this Programme by way of advance purchasing should yield proportionate public ownership of intellectual property rights when contributing to its development.

Or. en

Amendment 1063

Michael Gahler

Proposal for a regulation

Article 37

Text proposed by the Commission	Amendment
Article 37	deleted
Facilitating off-take agreements
1. The Commission shall set up a system to facilitate the conclusion of off-take agreements related to the industrial ramp-up of the EDTIB’s manufacturing capacities as well as those of the Ukrainian DTIB, taking into account the opinion and advice of the Defence Industrial Readiness Board and in compliance with competition and procurement rules.
2. The system referred to in paragraph 1 shall allow interested Member States, associated countries and, where relevant, Ukraine to make bids indicating:
(a) the volume and quality of defence products they intend to purchase;
(b) the intended price or price range;
(c) the intended duration of the off-take agreement.
3. The system referred to in paragraph 1 shall allow manufacturers of defence products which comply with conditions laid out in Article 10 to make offers indicating:
(a) the volume and quality of defence products for which they are seeking to conclude off-take agreements;
(b) the intended price or price range at which they are willing to sell;
(c) the intended duration of the off-take agreement.
4. Based on the bids and offers received pursuant to paragraph 2 and 3, the Commission shall bring relevant manufacturers of defence products in contact with interested Member States and associated countries as well as, where relevant, Ukraine.
5. On the basis of the contact referred to in paragraph 4, interested Member States and associated countries as well as, where relevant, Ukraine may request the Commission to engage in a joint procurement procedure or in a procurement procedure in their name and/or on their behalf pursuant Article 35.
6. The financial envelope referred to in Article 5(1) may cover the parts of the contract on non-recurrent costs and/or the reservation of manufacturing capacities.

Or. en

Amendment 1064

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall set up a system to facilitate the conclusion of off-take agreements related to the industrial ramp-up of the EDTIB’s manufacturing capacities as well as those of the Ukrainian DTIB, taking into account the opinion and advice of the Defence Industrial Readiness Board and in compliance with competition and procurement rules.	1. The Commission shall set up a system to facilitate the conclusion of off-take agreements related to the industrial ramp-up of the EDTIB’s manufacturing capacities of key defence products as well as those of the Ukrainian DTIB, taking into account the opinion and advice of the Defence Industrial Readiness Board and in compliance with competition and procurement rules.

Or. en

Amendment 1065

Georgiana Teodorescu

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall set up a system to facilitate the conclusion of off-take agreements related to the industrial ramp-up of the EDTIB’s manufacturing capacities as well as those of the Ukrainian DTIB, taking into account the opinion and advice of the Defence Industrial Readiness Board and in compliance with competition and procurement rules.	1. The Commission shall set up a system to facilitate the conclusion of off-take agreements related to the industrial ramp-up of the EDTIB’s manufacturing capacities, taking into account the opinion and advice of the Defence Industrial Readiness Board and in compliance with competition and procurement rules.

Or. ro

Amendment 1066

Georgiana Teodorescu

Proposal for a regulation

Article 37 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The system referred to in paragraph 1 shall allow interested Member States, associated countries and, where relevant, Ukraine to make bids indicating:	2. The system referred to in paragraph 1 shall allow interested Member States and associated countries to make bids indicating:

Or. ro

Amendment 1067

Georgiana Teodorescu

Proposal for a regulation

Article 37 – paragraph 4

Text proposed by the Commission	Amendment
4. Based on the bids and offers received pursuant to paragraph 2 and 3, the Commission shall bring relevant manufacturers of defence products in contact with interested Member States and associated countries as well as, where relevant, Ukraine.	4. Based on the bids and offers received pursuant to paragraphs 2 and 3, the Commission shall bring relevant manufacturers of defence products in contact with interested Member States and associated countries.

Or. ro

Amendment 1068

Georgiana Teodorescu

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission	Amendment
5. On the basis of the contact referred to in paragraph 4, interested Member States and associated countries as well as, where relevant, Ukraine may request the Commission to engage in a joint procurement procedure or in a procurement procedure in their name and/or on their behalf pursuant Article 35.	5. On the basis of the contact referred to in paragraph 4, interested Member States and associated countries may request the Commission to engage in a joint procurement procedure or in a procurement procedure in their name and/or on their behalf pursuant Article 35.

Or. ro

Amendment 1069

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

Proposal for a regulation

Article 38 – title

Text proposed by the Commission	Amendment
Acceleration of the permit-granting process for the timely availability and supply of relevant defence products	Acceleration of the permit-granting process for the timely availability and supply of crisis-relevant defence products

Or. en

Amendment 1070

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that administrative applications related to the planning, construction and operation of production facilities, transfer of inputs within the Union as well as qualification and certification of end products are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to such applications.	1. Member States shall ensure that administrative applications related to the planning, construction and operation of production facilities of key defence products, transfer of inputs within the Union as well as qualification and certification of end products are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to such applications.

Or. en

Amendment 1071

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that in the planning and permit-granting process, the construction and operation of plants and installations for the production of relevant defence products are given priority when balancing legal interests in the individual case concerned.	deleted

Or. en

Amendment 1072

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

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that in the planning and permit-granting process, the construction and operation of plants and installations for the production of relevant defence products are given priority when balancing legal interests in the individual case concerned.	2. Member States shall ensure that in the planning and permit-granting process, the construction and operation of plants and installations for the production of crisis-relevant defence products are given priority when balancing legal interests in the individual case concerned.

Or. en

Amendment 1073

Marc Botenga

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that in the planning and permit-granting process, the construction and operation of plants and installations for the production of relevant defence products are given priority when balancing legal interests in the individual case concerned.	2. Member States shall ensure that in the planning and permit-granting process, the construction and operation of plants and installations for the production of relevant defence products, all legal, social and environmental standards apply and are fully respected.

Or. en

Amendment 1074

Wouter Beke

Proposal for a regulation

Article 39 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. Member States shall ensure a swift cooperation among the different national certification authorities referred to in paragraph 1. The Commission will provide coordination and mediation, whenever necessary, in order to facilitate an efficient and effective completion of the administrative processes.

Or. en

Amendment 1075

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Reinis Pozņaks, Cristian Terheş

Proposal for a regulation

Article 40

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Justification

These articles were removed during the work on the ASAP regulation because of the controversy they raised and the lack of time to work on them in depth. We are currently in the same situation of urgency. Moreover, these provisions represent a far-reaching intervention in national prerogatives and the functioning of the European defence market - none of these provisions has been subject to an impact assessment procedure (although the structure of the SoS was originally proposed by the Commission in 2023).

Amendment 1076

Sarah Knafo

Proposal for a regulation

Article 40

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1077

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 40

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1078

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

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission, assisted by Member States in the framework of the Defence Industrial Readiness Board, shall carry out a periodic mapping of the EDTIB and its supply-chains with the aim of identifying early warning indicators, building knowledge and capacity for future industrial policy measures and assessing the Union’s strengths and weaknesses in the global defence value chain.

Or. en

Amendment 1079

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

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. With voluntary Member States, the Commission could carry out a mapping of the Union’s defence supply-chains, based on the input provided by these voluntary Member States. This methodology shall build upon any frameworks or methodologies that may exist within Member States and the European Defence Agency.

Or. en

Amendment 1080

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board, including in view of the monitoring and tracking of the benchmarks pursuant to Article 2a .

Or. en

Amendment 1081

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board, consisting of the following activities, to be performed on a regular basis:

Or. en

Amendment 1082

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission working in liaison with the European Defence Agency shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.

Or. en

Amendment 1083

Elena Donazzan, Reinis Pozņaks, Alberico Gambino, Alexandr Vondra, Ondřej Krutílek

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission shall carry out, in consultation with Member States, a mapping of the Union’s defence supply-chains, in cooperation with the Defence Security of Supply Board.

Or. en

Amendment 1084

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

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The Commission shall carry out a mapping of the Union’s defence supply-chains, on the basis of the recommendations made by the Defence Industrial Readiness Board.

Or. en

Amendment 1085

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 40 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.	1. The European Defence Agency shall carry out a mapping of the Union’s defence supply-chains, in cooperation with the Defence Industrial Readiness Board.

Or. fr

Justification

A national filter should be applied to the mapping of supply chains in the defence sector. Asking firms for information about their supply chains is a highly sensitive issue.

Amendment 1086

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 1 – point a (new)

Text proposed by the Commission	Amendment
	(a) identification of crisis-relevant products

Or. en

Amendment 1087

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 1 – point b (new)

Text proposed by the Commission	Amendment
	(b) identification of early warning indicators

Or. en

Amendment 1088

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 1 – point c (new)

Text proposed by the Commission	Amendment
	(c) identification of main suppliers of crisis-relevant products and their production capacities

Or. en

Amendment 1089

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
	The Commission, in cooperation with the Defence Security of Supply Board, shall carry out the mapping regarding points (a) and (b). The Member States shall carry out the mapping regarding point (c). Each Member State may request the Commission to carry out the mapping as referred to in point (c).

Or. en

Amendment 1090

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

Proposal for a regulation

Article 40 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Member States shall assist the Commission by mapping the undertakings operating along the EDTIB’s supply chain in their territory and relaying the relevant findings. The Defence Industrial Readiness Board shall issue guidance to further specify the information to be gathered, including for instance the type and specifications of the relevant defence products produced, their related production capacity and their position in the supply chain, and define the technical specifications and formats in which the information should be communicated. Without prejudice to national security interests, Member States shall, where appropriate, provide the Commission with additional information needed to achieve the objectives of this Chapter.

Or. en

Amendment 1091

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

Proposal for a regulation

Article 40 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1 b. Based on the mapping referred to in paragraph 1, the Commission shall, in close cooperation with the identified undertakings, continuously monitor their production capacity and their supply chains and assess their overall ability to respond to the expected evolution of the market demand.

Or. en

Amendment 1092

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

Proposal for a regulation

Article 40 – paragraph 1 c (new)

Text proposed by the Commission	Amendment
	1 c. The Commission shall regularly update the Defence Industrial Readiness Board on the results of the mapping.

Or. en

Amendment 1093

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

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission	Amendment
2. The Defence Industrial Readiness Board shall draw up a list of defence products which are critical for the security and defence interests of the Union and of its Member States, in particular the reinforcement of Member States’ defence capabilities and the readiness of the EDTIB (‘key defence products’). That list shall be updated on a regular basis, at least every year.	deleted

Or. en

Amendment 1094

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

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission	Amendment
2. The Defence Industrial Readiness Board shall draw up a list of defence products which are critical for the security and defence interests of the Union and of its Member States, in particular the reinforcement of Member States’ defence capabilities and the readiness of the EDTIB (‘key defence products’). That list shall be updated on a regular basis, at least every year.	2. Based on information gathered pursuant to paragraph 1 and taking due account of the discussion held under paragraph 1c, the Commission shall, by means of implementing acts, draw up a list of defence products and components which are critical for the security and defence interests of the Union and of its Member States, in particular the reinforcement of Member States’ defence capabilities and the readiness of the EDTIB (‘key defence products’). That list shall be updated on a regular basis, at least every year.

Or. en

Amendment 1095

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 40 – paragraph 2

Text proposed by the Commission	Amendment
2. The Defence Industrial Readiness Board shall draw up a list of defence products which are critical for the security and defence interests of the Union and of its Member States, in particular the reinforcement of Member States’ defence capabilities and the readiness of the EDTIB (‘key defence products’). That list shall be updated on a regular basis, at least every year.	2. The Defence Security of Supply Board shall draw up a list of defence products which are critical for the security and defence interests of the Union and of its Member States, in particular the reinforcement of Member States’ defence capabilities and the readiness of the EDTIB (‘key defence products’). That list shall be updated on a regular basis, at least every year.

Or. en

Amendment 1096

Yannis Maniatis, Giorgio Gori, Bruno Gonçalves

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall, after consulting the Defence Industrial Readiness Board, develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks, as well as their related manufacturing capacities in the Union.	3. The Commission shall, after consulting the Defence Industrial Readiness Board, develop a framework and methodology for the identification of crisis-relevant products, including critical raw materials with an emphasis on identifying bottlenecks, as well as their related manufacturing, excavation and processing capacities in the Union.

Or. en

Amendment 1097

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

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall, after consulting the Defence Industrial Readiness Board, develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks, as well as their related manufacturing capacities in the Union.	3. Member States, in cooperation with the European Defence Agency, shall develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks.

Or. en

Amendment 1098

Elena Donazzan, Reinis Pozņaks, Alberico Gambino

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall, after consulting the Defence Industrial Readiness Board, develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks, as well as their related manufacturing capacities in the Union.	3. The Commission shall, after consulting Member States and the Defence Security of Supply Board, develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks, as well as their related manufacturing capacities in the Union.

Or. en

Amendment 1099

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

Proposal for a regulation

Article 40 – paragraph 4

Text proposed by the Commission	Amendment
4. The mapping referred to in paragraph 1 and identification referred to in paragraph 6 of this Article shall provide an analysis of the Union’s strengths and weaknesses as regards the supply chains of crisis-relevant products and shall inform the programming of the Programme established under Chapter II.	4. The mapping referred to in paragraph 1 and identification referred to in paragraph 6 of this Article shall provide an analysis of the Union’s weaknesses and dependencies as regards the supply chains of crisis-relevant products and shall inform the programming of the Programme established under Chapter II.

Or. en

Amendment 1100

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

Proposal for a regulation

Article 40 – paragraph 5

Text proposed by the Commission	Amendment
5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.	5. To do so, the Commission, shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission, after consulting the Defence Industrial Readiness Board, shall issue information requests to relevant undertakings to receive, within five working days, detailed information on:
	(a) the total production capacity in the relevant crisis-relevant products;
	(b) the existing and expected variations in stocks of such products;
	(c) any existing schedule of the expected production output for the following three months for each production facility located in the union or elsewhere;
	(d) any additional information relevant to ensure the timely availability of crisis-relevant products.

Or. en

Amendment 1101

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 40 – paragraph 5

Text proposed by the Commission	Amendment
5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.	5. To conduct the mappings referred to in paragraph 1, points (a) and (b), the Commission shall use publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board. The Commission's requests shall expressly indicate that the economic operator remains free to refuse such a request.

Or. en

Amendment 1102

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

Proposal for a regulation

Article 40 – paragraph 5

Text proposed by the Commission	Amendment
5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.	5. To complement the data provided by the Member States, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential nor sensitive information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to Member States on which are based relevant actors involved in the concerned value chains and based in the Union. Member States remain free to decline such requests.

Or. en

Amendment 1103

András Gyürk, György Hölvényi

Proposal for a regulation

Article 40 – paragraph 5

Text proposed by the Commission	Amendment
5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.	5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, based on a request from the national competent authorities the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.

Or. en

Amendment 1104

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 5

Text proposed by the Commission	Amendment
5. To do so, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.	5. To do so, the Commission working in liaison with the European Defence Agency shall aggregate information, inter alia, publicly and commercially available data and information from relevant undertakings collected and provided by the Member State in which the undertaking is located, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Each Member State may request the Commission working in liaison with the European Defence Agency to collect information from relevant undertakings on its territory.

Or. en

Amendment 1105

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. Where this is not enough to identify the crisis-relevant products, the Commission after consulting and approval by the Member State in which the undertaking is located may issue voluntary information requests to relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board.

Or. en

Amendment 1106

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

Proposal for a regulation

Article 40 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. To protect strategic and commercial information, whether in their possession or entrusted to them, the actors mentioned in paragraph 5 shall consult defence security authorities of their Member State of establishment and may decide to classify the information they transmit to the Commission.

Or. en

Amendment 1107

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission shall, by means of implementing act, draw up and regularly update a list of crisis-relevant products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).	6. The Commission working in liaison with the European Defence Agency shall, by means of implementing act, draw up and regularly update a list of crisis-relevant products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).

Or. en

Amendment 1108

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

Proposal for a regulation

Article 40 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission shall, by means of implementing act, draw up and regularly update a list of crisis-relevant products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).	6. The Commission, upon consultation of the Member States, shall, by means of implementing act, draw up and regularly update a list of crisis-relevant products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).

Or. en

Amendment 1109

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 40 – paragraph 7

Text proposed by the Commission	Amendment
7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis.	7. The Commission shall inform the Defence Industrial Readiness Board and the European Parliament of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis.

Or. en

Amendment 1110

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 7

Text proposed by the Commission	Amendment
7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis.	7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis, at least biannually.

Or. en

Amendment 1111

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

Proposal for a regulation

Article 40 – paragraph 7

Text proposed by the Commission	Amendment
7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis.	7. The Member States shall, where relevant, inform the European Defence Agency and the Commission of the aggregate results of the activities carried out pursuant to paragraph 4.

Or. en

Amendment 1112

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

Proposal for a regulation

Article 40 – paragraph 7

Text proposed by the Commission	Amendment
7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraph 4 on a regular basis.	7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to paragraphs 1 to 4 on a regular basis.

Or. en

Amendment 1113

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

Proposal for a regulation

Article 40 – paragraph 8

Text proposed by the Commission	Amendment
8. The Commission shall, on the basis of the outcome of the activities carried out pursuant to paragraph 4 and after consulting the Defence Industrial Readiness Board, develop a list of early warning indicators. The Commission, after consulting the Defence Industrial Readiness Board, shall review the list of early warning indicators on a regular basis, at least every two years.	8. The Commission shall, on the basis of the outcome of the activities carried out pursuant to paragraph 4, exchange with voluntary Member States in order to define the appropriate industrial and financial measures to tackle the identified shortages and dependencies.

Or. en

Amendment 1114

Michael Gahler

Proposal for a regulation

Article 40 – paragraph 8

Text proposed by the Commission	Amendment
8. The Commission shall, on the basis of the outcome of the activities carried out pursuant to paragraph 4 and after consulting the Defence Industrial Readiness Board, develop a list of early warning indicators. The Commission, after consulting the Defence Industrial Readiness Board, shall review the list of early warning indicators on a regular basis, at least every two years.	8. The Commission working in liaison with the European Defence Agency shall, on the basis of the outcome of the activities carried out pursuant to paragraph 4 and after consulting the Defence Industrial Readiness Board, develop a list of early warning indicators. The Commission, after consulting the Defence Industrial Readiness Board, shall review the list of early warning indicators on a regular basis, at least every two years.

Or. en

Amendment 1115

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

Proposal for a regulation

Article 40 – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8 a. 8a. Without prejudice to national security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, where a Member State intends to adopt at national level measures for the procurement, purchase or manufacturing of crisis-relevant products from the list referred in paragraph 3, it shall inform the Commission in a timely manner.

Or. en

Amendment 1116

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

Proposal for a regulation

Article 40 – paragraph 10 a (new)

Text proposed by the Commission	Amendment
	10 a. The Commission shall, in consultation with the Member States and the defence industry, ensure that the mapping mechanism is limited in scope in order to avoid disclosure of sensitive security procurement, sensitive corporate information and data. The monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products shall not take place at individual company-level in order to avoid administrative burden on the industry.

Or. en

Amendment 1117

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Reinis Pozņaks, Cristian Terheş

Proposal for a regulation

Article 41

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Justification

Amendment 1118

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 41

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1119

Sarah Knafo

Proposal for a regulation

Article 41

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1120

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:	Member States, in consultation with the European Defence Agency, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6).

Or. en

Amendment 1121

Michael Gahler

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:	The Commission working in liaison with the European Defence Agency , in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:

Or. en

Amendment 1122

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:	Member States and the Commission, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:

Or. en

Amendment 1123

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
The Commission, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:	The European Defence Agency, in consultation with the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40, paragraph (6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the key defence products they contribute to provide. The monitoring shall consist of the following activities:

Or. fr

Amendment 1124

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) monitoring of early warning indicators identified pursuant to Article 40(8);	deleted

Or. en

Amendment 1125

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) monitoring of early warning indicators identified pursuant to Article 40(8);	(a) the Commission, in cooperation with the Defence Industrial Readiness Board, shall conduct the monitoring of early warning indicators identified pursuant to Article 40(8);

Or. en

Amendment 1126

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) monitoring of early warning indicators identified pursuant to Article 40(8);	(a) monitoring of early warning indicators identified pursuant to Article 40(8) based on information collected by Member States;

Or. en

Amendment 1127

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) monitoring by Member States of the integrity of activities carried out by the key market actors referred to in Article 42 and reporting by Member States on major events that may hinder the regular operations of such activities;	deleted

Or. en

Amendment 1128

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) monitoring by Member States of the integrity of activities carried out by the key market actors referred to in Article 42 and reporting by Member States on major events that may hinder the regular operations of such activities;	(b) Member States shall monitor, in light of the early warning indicators, the ability of the main suppliers of crisis-relevant products to carry out their activities and report to the Board on any event that may have negative and lasting consequences on the timely availability and supply of these products;

Or. en

Amendment 1129

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) monitoring by Member States of the integrity of activities carried out by the key market actors referred to in Article 42 and reporting by Member States on major events that may hinder the regular operations of such activities;	(b) monitoring by Member States of the integrity of activities carried out by the key market actors referred to in Article 42 and voluntarily reporting by Member States on major events that may hinder the regular operations of such activities;

Or. en

Amendment 1130

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) monitoring by key market actors referred to in Article 42 of their global value chains and reporting to the Commission on possible disruptions of supply which may affect their activities;

Or. en

Amendment 1131

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission	Amendment
(c) identifying best practices for preventive risk mitigation and increased transparency of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products.	deleted

Or. en

Amendment 1132

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission	Amendment
(c) identifying best practices for preventive risk mitigation and increased transparency of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products.	(c) the Commission, after consulting the Defence Industrial Readiness Board, shall identify best practices for preventive risk mitigation and increased transparency of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products.

Or. en

Amendment 1133

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

Proposal for a regulation

Article 41 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
The Commission, after consulting the Defence Industrial Readiness Board, shall establish the frequency of the monitoring.	deleted

Or. en

Amendment 1134

Michael Gahler

Proposal for a regulation

Article 41 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection.	2. The Commission shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection and shall provide financial compensation.

Or. en

Amendment 1135

András Gyürk, György Hölvényi

Proposal for a regulation

Article 41 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection.	2. The Commission shall pay particular attention to SMEs, small mid-caps, start-ups and scale-ups to minimise administrative burden resulting from the information collection.

Or. en

Amendment 1136

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

Proposal for a regulation

Article 41 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection.	2. The Commission and the Member States shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection.

Or. en

Amendment 1137

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

Proposal for a regulation

Article 41 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection.	2. Member States shall pay particular attention to SMEs and mid-caps to minimise administrative burden resulting from the information collection.

Or. en

Amendment 1138

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

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, national defence industry associations and other relevant stakeholders to provide information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).	deleted

Or. en

Amendment 1139

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

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, national defence industry associations and other relevant stakeholders to provide information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).	3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, relevant subnational entities, where applicable within the framework of the relevant national legal system, national defence industry associations and other relevant stakeholders to provide information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).

Or. en

Amendment 1140

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 41 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, national defence industry associations and other relevant stakeholders to provide information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).	3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, national defence industry associations and other relevant stakeholders to provide additional information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).

Or. en

Amendment 1141

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

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, national defence industry associations and other relevant stakeholders to provide information, on a voluntary basis, for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).	3. The Commission may invite, after consulting the Defence Industrial Readiness Board, key market actors referred to in Article 42, Member States, national defence industry associations and other relevant stakeholders to provide information for the purpose of carrying out monitoring activities in accordance with paragraph 1, first subparagraph, point (a).

Or. en

Amendment 1142

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

Proposal for a regulation

Article 41 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purposes of paragraph 1, first subparagraph, point (b), Member States may request information, on a voluntary basis, from key market actors referred to in Article 42 where necessary and proportionate.	deleted

Or. en

Amendment 1143

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

Proposal for a regulation

Article 41 – paragraph 4

Text proposed by the Commission	Amendment
4. For the purposes of paragraph 1, first subparagraph, point (b), Member States may request information, on a voluntary basis, from key market actors referred to in Article 42 where necessary and proportionate.	4. For the purposes of paragraph 1, first subparagraph, point (b), Member States may request information from key market actors referred to in Article 42 where necessary and proportionate.

Or. en

Amendment 1144

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

Proposal for a regulation

Article 41 – paragraph 5

Text proposed by the Commission	Amendment
5. For the purposes of paragraph 3, national competent authorities shall establish and maintain a list of contacts of all relevant undertakings contributing effectively or potentially to the supply of the key defence products, which are established in their territory. That list shall be transmitted to the Commission. The Commission shall provide for a standardised format for the list of contacts with a view to ensuring interoperability.	deleted

Or. en

Amendment 1145

Michael Gahler

Proposal for a regulation

Article 41 – paragraph 5

Text proposed by the Commission	Amendment
5. For the purposes of paragraph 3, national competent authorities shall establish and maintain a list of contacts of all relevant undertakings contributing effectively or potentially to the supply of the key defence products, which are established in their territory. That list shall be transmitted to the Commission. The Commission shall provide for a standardised format for the list of contacts with a view to ensuring interoperability.	5. For the purposes of paragraph 3, national competent authorities shall establish and maintain a list of contacts of all relevant undertakings contributing effectively or potentially to the supply of the key defence products, which are established in their territory. That list shall be transmitted to the Commission and the European Defence Agency. The Commission shall provide for a standardised format for the list of contacts with a view to ensuring interoperability.

Or. en

Amendment 1146

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 6

Text proposed by the Commission	Amendment
6. Without prejudice to their essential security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, Member States shall, where appropriate, provide the Defence Industrial Readiness Board with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.	6. Without prejudice to their essential security interests and the protection of commercially confidential information, Member States shall, where appropriate, provide the Defence Industrial Readiness Board with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.

Or. en

Amendment 1147

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

Proposal for a regulation

Article 41 – paragraph 6

Text proposed by the Commission	Amendment
6. Without prejudice to their essential security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, Member States shall, where appropriate, provide the Defence Industrial Readiness Board with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.	6. Without prejudice to their essential security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, Member States shall, where appropriate, provide the European Defence Agency and the Commission with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.

Or. en

Amendment 1148

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 41 – paragraph 6

Text proposed by the Commission	Amendment
6. Without prejudice to their essential security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, Member States shall, where appropriate, provide the Defence Industrial Readiness Board with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.	6. Without prejudice to their essential security interests and the protection of commercially confidential information resulting from agreements entered into by Member States, Member States may, where appropriate, provide the Defence Security of Supply Board with any additional relevant information, in particular on the potential or future adoption at national level measures for the procurement, purchase or manufacturing of crisis-relevant products.

Or. en

Amendment 1149

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

Proposal for a regulation

Article 41 – paragraph 7

Text proposed by the Commission	Amendment
7. On the basis of the information collected through the activities under paragraph 1, the Commission shall provide a report of the aggregated findings to the Defence Industrial Readiness Board in the form of regular updates. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite national defence industrial associations, key market actors, and experts from academia and civil society to such meetings.	7. On the basis of the information collected through the activities under paragraph 1, Member States shall provide a report of the aggregated findings to the European Defence Agency in the form of regular updates. Where relevant, the Member States may invite national defence industrial associations and experts from academia and civil society to such meetings.

Or. en

Amendment 1150

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 41 – paragraph 7

Text proposed by the Commission	Amendment
7. On the basis of the information collected through the activities under paragraph 1, the Commission shall provide a report of the aggregated findings to the Defence Industrial Readiness Board in the form of regular updates. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite national defence industrial associations, key market actors, and experts from academia and civil society to such meetings.	7. On the basis of the information collected through the activities under paragraph 1, the Commission shall provide a report of the aggregated findings to the Defence Industrial Readiness Board in the form of regular updates. This report shall constitute classified information. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite national defence industrial associations, key market actors, and experts from academia and civil society to such meetings.

Or. en

Amendment 1151

Marc Botenga

Proposal for a regulation

Article 41 – paragraph 7

Text proposed by the Commission	Amendment
7. On the basis of the information collected through the activities under paragraph 1, the Commission shall provide a report of the aggregated findings to the Defence Industrial Readiness Board in the form of regular updates. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite national defence industrial associations, key market actors, and experts from academia and civil society to such meetings.	7. On the basis of the information collected through the activities under paragraph 1, the Commission shall provide a report of the aggregated findings to the Defence Industrial Readiness Board in the form of regular updates. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite independent experts from academia, civil society and trade unions to such meetings.

Or. en

Amendment 1152

Raphaël Glucksmann, François-Xavier Bellamy

Proposal for a regulation

Article 41 a (new)

Text proposed by the Commission	Amendment
	Article 41a
	Stress tests
	1. The Commission, upon consultation of the Defence Industrial Readiness Board, shall identify relevant topics for the conduct of stress tests.
	2. The Commission, taking into consideration the results of paragraph 1, shall conduct and coordinate stress tests on a regular basis, including simulations that aim to anticipate and prepare for a supply crisis as referred to in Article 44. In particular, the Commission shall:
	(a) develop scenarios and parameters that capture the particular risks associated with a supply crisis, in order to assess the potential impact on the provision of crisis-relevant products and the proper functioning of the internal market;
	(b) facilitate and encourage the development of strategies for emergency preparedness;
	(c) identify, in cooperation with the Defence Industrial Readiness Board, risk mitigation measures after the completion of the stress tests.
	3. The Commission shall invite representatives of all Member States to participate in stress tests. Upon consultation of the Defence Industrial Readiness Board, the Commission may also invite representatives of the High Representative, the EDA or other relevant actors to participate in the tests referred to in paragraph 2..
	4. The Commission shall present to the Defence Industrial Readiness Board a report with recommendations based on the outcome of the stress tests. The results of the stress tests shall constitute classified information.

Or. en

Amendment 1153

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 42

Text proposed by the Commission	Amendment
Article 42	deleted
Key market actors
1. Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:
(a) the Union or global market share of the key market actor in the market for that product;
(b) the importance of a market actor in maintaining a sufficient level of supply of a product in the Union, taking into account the availability in the Union of alternative means for the provision of that product;
(c) the impact that a disruption of supply of the product provided by the market actor could have on the supply of crisis-relevant products.
2. Member States shall report on major events that may hinder the regular operations of the activities as referred to in paragraph 1.

Or. en

Justification

Amendment 1154

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

Proposal for a regulation

Article 42

Text proposed by the Commission	Amendment
Article 42	deleted
Key market actors
1. Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:
(a) the Union or global market share of the key market actor in the market for that product;
(b) the importance of a market actor in maintaining a sufficient level of supply of a product in the Union, taking into account the availability in the Union of alternative means for the provision of that product;
(c) the impact that a disruption of supply of the product provided by the market actor could have on the supply of crisis-relevant products.
2. Member States shall report on major events that may hinder the regular operations of the activities as referred to in paragraph 1.

Or. en

Amendment 1155

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 42 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:	1. By [1 year after the entry into force of this Regulation], Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:

Or. en

Amendment 1156

Michael Gahler

Proposal for a regulation

Article 42 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:	1. Member States shall, in cooperation with the Commission and the European Defence Agency, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:

Or. en

Amendment 1157

András Gyürk, György Hölvényi

Proposal for a regulation

Article 42 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Member States shall, in cooperation with the Commission, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:	1. Member States shall, identify key market actors involved in the supply of key defence products established in their territory, taking into account the following elements:

Or. en

Amendment 1158

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall report on major events that may hinder the regular operations of the activities as referred to in paragraph 1.	2. Member States shall report on major events that may hinder the regular operations of the activities as referred to in paragraph 1. This reporting shall not include classified information.

Or. en

Amendment 1159

Costas Mavrides

Proposal for a regulation

Article 42 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Member States and the Commission shall prioritize the identification and designation of key market actors established within the Union or associated countries. Entities from non-associated third countries shall only be considered if no viable alternative exists within the Union or associated countries, and if their participation does not pose a risk to the security and defence interests of the Union and its Member States.

Or. en

Amendment 1160

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 42 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Member States shall, in cooperation with the Commission, update the identification pursuant to paragraph 1 regularly and within 6 months of each update of the list of key defence products.

Or. en

Amendment 1161

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article -43 (new)

Text proposed by the Commission	Amendment
	Article -43
	Key market actors’ risk preparedness
	1. Key market actors as referred to in Article 42 shall, at least every three years, carry out a risk assessment of their supply chain of crisis-relevant products, including :
	(a) a mapping of where the crisis-relevant products they use are manufactured or provided from;
	(b) an analysis of the factors that might affect their supply of crisis-relevant products;
	(c) an assessment of their vulnerabilities to supply disruptions.
	2. If significant vulnerabilities to supply disruptions are detected as a result of the risk assessment referred to in paragraph 1, key market actors shall take efforts to mitigate those vulnerabilities, including by assessing the possibility to diversify its supply chains of crisis-relevant products or to find substitutes.
	3. Key market actors shall present a report to their board of directors containing the results of the risk assessment referred to in paragraph 1, including the source of the information on which the assessment is based, any significant risks detected as well as mitigation measures envisioned or implemented.
	4. Member States may require key market actors as referred to in Article 42 to present to their board of directors the report referred to in paragraph 3.

Or. en

Amendment 1162

Sarah Knafo

Proposal for a regulation

Article 43

Text proposed by the Commission	Amendment
Article 43	deleted
Alerts and preventive action
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:
(a) convene an extraordinary meeting of the Defence Industrial Readiness Board to coordinate the following actions:
(1) discuss the severity of the disruptions to the availability and supply of the concerned crisis-relevant products;
(2) recommend to the Commission to initiate action in accordance with Chapter II of this Regulation;
(3) discuss approaches of the national competent authorities, including to assess the state of preparedness of the key market actors;
(4) enter into dialogue with stakeholders of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products with a view to identifying, preparing and possibly coordinating preventive measures;
(5) discuss the activation of the supply crisis state referred to in Article 44 where necessary and proportionate.
(b) on behalf of the Union, enter into consultations or cooperation with relevant third countries and international organisations with a view to seeking cooperative solutions to address supply-chain disruptions, in compliance with international obligations, which may involve, where appropriate, carrying out coordination in relevant international fora.

Or. en

Amendment 1163

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 43

Text proposed by the Commission	Amendment
Article 43	deleted
Alerts and preventive action
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:
(a) convene an extraordinary meeting of the Defence Industrial Readiness Board to coordinate the following actions:
(1) discuss the severity of the disruptions to the availability and supply of the concerned crisis-relevant products;
(2) recommend to the Commission to initiate action in accordance with Chapter II of this Regulation;
(3) discuss approaches of the national competent authorities, including to assess the state of preparedness of the key market actors;
(4) enter into dialogue with stakeholders of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products with a view to identifying, preparing and possibly coordinating preventive measures;
(5) discuss the activation of the supply crisis state referred to in Article 44 where necessary and proportionate.
(b) on behalf of the Union, enter into consultations or cooperation with relevant third countries and international organisations with a view to seeking cooperative solutions to address supply-chain disruptions, in compliance with international obligations, which may involve, where appropriate, carrying out coordination in relevant international fora.

Or. en

Amendment 1164

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 43

Text proposed by the Commission	Amendment
Article 43	deleted
Alerts and preventive action
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:
(a) convene an extraordinary meeting of the Defence Industrial Readiness Board to coordinate the following actions:
(1) discuss the severity of the disruptions to the availability and supply of the concerned crisis-relevant products;
(2) recommend to the Commission to initiate action in accordance with Chapter II of this Regulation;
(3) discuss approaches of the national competent authorities, including to assess the state of preparedness of the key market actors;
(4) enter into dialogue with stakeholders of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products with a view to identifying, preparing and possibly coordinating preventive measures;
(5) discuss the activation of the supply crisis state referred to in Article 44 where necessary and proportionate.
(b) on behalf of the Union, enter into consultations or cooperation with relevant third countries and international organisations with a view to seeking cooperative solutions to address supply-chain disruptions, in compliance with international obligations, which may involve, where appropriate, carrying out coordination in relevant international fora.

Or. en

Justification

Amendment 1165

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

Proposal for a regulation

Article 43 – paragraph 1

Text proposed by the Commission	Amendment
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.	1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall make its best efforts to alert the Commission without undue delay.

Or. en

Amendment 1166

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

Proposal for a regulation

Article 43 – paragraph 1

Text proposed by the Commission	Amendment
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.	1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it may alert the Defence Industrial Readiness Board without undue delay.

Or. en

Amendment 1167

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

Proposal for a regulation

Article 43 – paragraph 1

Text proposed by the Commission	Amendment
1. Where a national competent authority becomes aware of a risk of serious disruption of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.	1. Where a Member State becomes aware of a risk of serious disruption in the supply of a crisis-relevant products or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, it shall alert the Defence Industrial Readiness Board without undue delay.

Or. en

Amendment 1168

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

Proposal for a regulation

Article 43 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. 1a. In order to determine whether a risk of serious disruption should trigger an alert as referred to in paragraph 1, Member States shall take into account the following:
	(a) the market position of economic operators that could be affected by the disruption;
	(b) the anticipated duration of the potential disruption;
	(c) the geographical area and the proportion of the internal market affected by the potential disruption and its possible cross-border effects, as well as its possible impact on particularly vulnerable or exposed geographical areas; and
	(d) the impact of this potential disruption on the supply of crisis-relevant products.

Or. en

Amendment 1169

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

Proposal for a regulation

Article 43 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:	2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption in the supply of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:

Or. en

Amendment 1170

András Gyürk, György Hölvényi

Proposal for a regulation

Article 43 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:	2. Where the Defence Industrial Readiness Board becomes aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, without undue delay, the following preventive actions should be carried out:

Or. en

Amendment 1171

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

Proposal for a regulation

Article 43 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. Where the Defence Industrial Readiness Board or the Commission become aware of a risk of serious disruption of a crisis relevant product or has concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:	2. Where the Member States make the Commission aware of a risk of serious disruption of a crisis relevant product or bring concrete and reliable information of any other relevant risk factor or event materializing affecting the supply of a crisis relevant product, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, the Commission shall, without undue delay, carry out the following preventive actions:

Or. en

Amendment 1172

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

Proposal for a regulation

Article 43 – paragraph 2 – point a – introductory part

Text proposed by the Commission	Amendment
(a) convene an extraordinary meeting of the Defence Industrial Readiness Board to coordinate the following actions:	(a) convene an extraordinary meeting with Member States and the European Defence Agency to coordinate the following actions:

Or. en

Amendment 1173

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

Proposal for a regulation

Article 43 – paragraph 2 – point a – point 1

Text proposed by the Commission	Amendment
(1) discuss the severity of the disruptions to the availability and supply of the concerned crisis-relevant products;	(1) discuss the severity of the potential disruptions to the availability and supply of the concerned crisis-relevant products;

Or. en

Amendment 1174

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

Proposal for a regulation

Article 43 – paragraph 2 – point a – point 3

Text proposed by the Commission	Amendment
(3) discuss approaches of the national competent authorities, including to assess the state of preparedness of the key market actors;	(3) discuss approaches and exchange best practices to assess the state of preparedness of the key market actors;

Or. en

Amendment 1175

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

Proposal for a regulation

Article 43 – paragraph 2 – point a – point 4

Text proposed by the Commission	Amendment
(4) enter into dialogue with stakeholders of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products with a view to identifying, preparing and possibly coordinating preventive measures;	(4) enter into dialogue with stakeholders of the EDTIB and associated countries with the manufacturing capacities necessary for the supply of crisis-relevant products with a view to identifying, preparing and possibly coordinating preventive measures;

Or. en

Amendment 1176

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

Proposal for a regulation

Article 43 – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) ensure synergies with relevant Union programmes and legal frameworks.

Or. en

Amendment 1177

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 43 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. The Commission shall inform and consult the European Parliament on the outcome of each extraordinary meeting of the Defence Industrial Readiness Board convened pursuant to the paragraph 2 point (a) without undue delay.

Or. en

Amendment 1178

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 44

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Justification

Amendment 1179

Sarah Knafo

Proposal for a regulation

Article 44

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1180

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 44

Text proposed by the Commission	Amendment
[...]	deleted

Or. en

Amendment 1181

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

Proposal for a regulation

Article 44 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) there are serious disruptions in the provision of products, which are not defence products, or serious obstacles to trade in such products within the Union causing their significant shortage; and	(a) there are serious disruptions or an imminent risk of such disruptions in the provision of products, which are not defence products, or serious obstacles to trade in such products within the Union causing their significant shortage or an imminent risk thereof; and

Or. en

Amendment 1182

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) there are serious disruptions in the provision of products, which are not defence products, or serious obstacles to trade in such products within the Union causing their significant shortage; and	(a) there are serious disruptions in the provision of products, or serious obstacles to trade in such products within the Union causing their significant shortage; and

Or. en

Amendment 1183

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

Proposal for a regulation

Article 44 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) there are serious disruptions in the provision of products, which are not defence products, or serious obstacles to trade in such products within the Union causing their significant shortage; and	(a) there are serious disruptions in the provision of crisis-relevant products, or serious obstacles to trade in such products within the Union causing their significant shortage; and

Or. en

Amendment 1184

Michael Gahler

Proposal for a regulation

Article 44 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) there are serious disruptions in the provision of products, which are not defence products, or serious obstacles to trade in such products within the Union causing their significant shortage; and	(a) there are serious disruptions in the provision of crisis-relevant products, or serious obstacles to trade in such products within the Union causing their significant shortage; and

Or. en

Amendment 1185

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) such significant shortages prevent the supply, repair or maintenance of defence products to the extent that it would have serious detrimental effect on the functioning of the Union’s defence supply chains impacting the society, economy and security of the Union.	(b) such significant shortages prevent the supply, repair or maintenance of key defence products to the extent that it would have serious detrimental effect on the functioning of the Union’s defence supply chains impacting the society, economy and security of the Union; and

Or. en

Amendment 1186

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) a security crisis has arisen or is deemed to have arisen.

Or. en

Amendment 1187

Michael Gahler

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.	2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission working in liaison with the European Defence Agency shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.

Or. en

Amendment 1188

András Gyürk, György Hölvényi

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.	2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the national competent authorities and the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.

Or. en

Amendment 1189

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.	2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board and the European Parliament, propose to the Council to activate the supply crisis state.

Or. en

Amendment 1190

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

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.	2. Where Member States make Commission aware of a potential supply crisis pursuant to Article 43, this latter shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may propose to the Council to activate the supply crisis state, precising which measures it intends to trigger if the supply crisis state is activated.

Or. en

Amendment 1191

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

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission	Amendment
2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.	2. Where the Commission or the Defence Industrial Readiness Board become aware of a potential supply crisis, including pursuant to Article 43, the Commission shall assess whether the conditions set out in paragraph 1 of this Article are met. That assessment shall take into account the potential impacts and consequences of the supply crisis state on the Union’s defence supply chains as well as assessments performed in other relevant Union crisis management frameworks. Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to activate the supply crisis state.

Or. en

Amendment 1192

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.	3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act where that is appropriate to address the crisis, taking into account the need to ensure a high level of security of the Union, Member States and Union citizens. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.

Or. en

Amendment 1193

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

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.	3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The implementing act may specify which of the measures set out in this chapter can be activated, and for which products if relevant. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.

Or. en

Amendment 1194

András Gyürk, György Hölvényi

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.	3. The Council, acting by unanimity, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.

Or. en

Amendment 1195

Marc Botenga

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.	3. The Council, acting by unanimity, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.

Or. en

Amendment 1196

Jorge Buxadé Villalba

Proposal for a regulation

Article 44 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, acting by qualified majority, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.	3. The Council, acting by unanimity, may activate the supply crisis state by means of a Council implementing act. The duration of the supply crisis state shall be specified in the Implementing Act and shall not exceed 12 months.

Or. en

Amendment 1197

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

Proposal for a regulation

Article 44 – paragraph 5

Text proposed by the Commission	Amendment
5. Before the expiry of the duration of the supply crisis, the Commission shall assess whether it is appropriate to prolong the supply crisis state. Where such assessment provides concrete and reliable evidence that the conditions for the activation of the supply crisis state are still met, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to prolong the supply crisis state.	5. Before the expiry of the duration of the supply crisis, the Commission shall assess whether it is appropriate to prolong the supply crisis state, , taking into account the potential negative impacts of the crisis stage on the Union’s defence industry and other critical sectors. Where such assessment provides concrete and reliable evidence that the conditions for the activation of the supply crisis state are still met, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to prolong the supply crisis state.

Or. en

Amendment 1198

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 5

Text proposed by the Commission	Amendment
5. Before the expiry of the duration of the supply crisis, the Commission shall assess whether it is appropriate to prolong the supply crisis state. Where such assessment provides concrete and reliable evidence that the conditions for the activation of the supply crisis state are still met, the Commission may, after consulting the Defence Industrial Readiness Board, propose to the Council to prolong the supply crisis state.	5. Before the expiry of the duration of the supply crisis, the Commission shall assess whether it is appropriate to prolong the supply crisis state. Where such assessment provides concrete and reliable evidence that the conditions for the activation of the supply crisis state are still met, the Commission may, after consulting the Defence Industrial Readiness Board and the European Parliament, propose to the Council to prolong the supply crisis state.

Or. en

Amendment 1199

Jorge Buxadé Villalba

Proposal for a regulation

Article 44 – paragraph 6

Text proposed by the Commission	Amendment
6. The Council, acting by qualified majority, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.	6. The Council, acting by unanimity, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.

Or. en

Amendment 1200

Marc Botenga

Proposal for a regulation

Article 44 – paragraph 6

Text proposed by the Commission	Amendment
6. The Council, acting by qualified majority, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.	6. The Council, acting by unanimity, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.

Or. en

Amendment 1201

András Gyürk, György Hölvényi

Proposal for a regulation

Article 44 – paragraph 6

Text proposed by the Commission	Amendment
6. The Council, acting by qualified majority, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.	6. The Council, acting by unanimity, may prolong the supply crisis state by means of a Council implementing act. The duration of the prolongation shall be limited and specified in the Council implementing act.

Or. en

Amendment 1202

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 44 – paragraph 8

Text proposed by the Commission	Amendment
8. During the supply crisis state, the Commission shall, after consulting the Defence Industrial Readiness Board, assess the appropriateness of an early termination of the crisis state. If the assessment indicates so, the Commission may propose to the Council to terminate the crisis state.	8. During the supply crisis state, the Commission shall, after consulting the Defence Industrial Readiness Board and the European Parliament, assess the appropriateness of an early termination of the crisis state. If the assessment indicates so, the Commission may propose to the Council to terminate the crisis state.

Or. en

Amendment 1203

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 45

Text proposed by the Commission	Amendment
Article 45	deleted
Supply-crisis emergency toolbox
1. Where the supply crisis state is activated pursuant to Article 44 and where necessary in order to address the supply crisis in the Union, the Commission may take the measures provided for in Article 45 and 46, under the conditions laid down therein.
2. The Commission shall, after consulting the Defence Industrial Readiness Board, restrict the application of the measures provided for in Articles 46 and 47 to the crisis-relevant products disturbed or under threat of disturbance on account of the supply crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting the supply chains of the crisis-relevant products in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.
3. Where the supply crisis state is activated pursuant to Article 44 and where appropriate in order to address the supply crisis in the Union, the Defence Industrial Readiness Board may assess and advise on appropriate and effective emergency measures.
4. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its action.
5. The Commission may, after consulting the Defence Industrial Readiness Board, issue guidance on the implementation and the use of the emergency measures.

Or. en

Amendment 1204

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 45

Text proposed by the Commission	Amendment
Article 45	deleted
Supply-crisis emergency toolbox
1. Where the supply crisis state is activated pursuant to Article 44 and where necessary in order to address the supply crisis in the Union, the Commission may take the measures provided for in Article 45 and 46, under the conditions laid down therein.
2. The Commission shall, after consulting the Defence Industrial Readiness Board, restrict the application of the measures provided for in Articles 46 and 47 to the crisis-relevant products disturbed or under threat of disturbance on account of the supply crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting the supply chains of the crisis-relevant products in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.
3. Where the supply crisis state is activated pursuant to Article 44 and where appropriate in order to address the supply crisis in the Union, the Defence Industrial Readiness Board may assess and advise on appropriate and effective emergency measures.
4. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its action.
5. The Commission may, after consulting the Defence Industrial Readiness Board, issue guidance on the implementation and the use of the emergency measures.

Or. en

Justification

Amendment 1205

Sarah Knafo

Proposal for a regulation

Article 45

Text proposed by the Commission	Amendment
Article 45	deleted
Supply-crisis emergency toolbox
1. Where the supply crisis state is activated pursuant to Article 44 and where necessary in order to address the supply crisis in the Union, the Commission may take the measures provided for in Article 45 and 46, under the conditions laid down therein.
2. The Commission shall, after consulting the Defence Industrial Readiness Board, restrict the application of the measures provided for in Articles 46 and 47 to the crisis-relevant products disturbed or under threat of disturbance on account of the supply crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting the supply chains of the crisis-relevant products in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.
3. Where the supply crisis state is activated pursuant to Article 44 and where appropriate in order to address the supply crisis in the Union, the Defence Industrial Readiness Board may assess and advise on appropriate and effective emergency measures.
4. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its action.
5. The Commission may, after consulting the Defence Industrial Readiness Board, issue guidance on the implementation and the use of the emergency measures.

Or. en

Amendment 1206

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 45 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall, after consulting the Defence Industrial Readiness Board, restrict the application of the measures provided for in Articles 46 and 47 to the crisis-relevant products disturbed or under threat of disturbance on account of the supply crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting the supply chains of the crisis-relevant products in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.	2. The Commission shall, after consulting the Defence Industrial Readiness Board and the European Parliament, restrict the application of the measures provided for in Articles 46 and 47 to the crisis-relevant products disturbed or under threat of disturbance on account of the supply crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting the supply chains of the key defence products in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.

Or. en

Amendment 1207

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 45 – paragraph 3

Text proposed by the Commission	Amendment
3. Where the supply crisis state is activated pursuant to Article 44 and where appropriate in order to address the supply crisis in the Union, the Defence Industrial Readiness Board may assess and advise on appropriate and effective emergency measures.	3. Where the supply crisis state is activated pursuant to Article 44 and where appropriate in order to address the supply crisis in the Union, the Defence Industrial Readiness Board in close cooperation with the European Parliament, may assess and advise on appropriate and effective emergency measures, and assess the expected impact of the possible imposition of such measures.

Or. en

Amendment 1208

Michael Gahler

Proposal for a regulation

Article 45 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its action.	4. The Commission shall regularly, at least every three months, inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its action.

Or. en