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 1209

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 46

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

Or. en

Amendment 1210

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 46

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 1211

Sarah Knafo

Proposal for a regulation

Article 46

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

Or. en

Amendment 1212

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.	1. Where the supply crisis state is activated pursuant to Article 44, the Commission working in liaison with the European Defence Agency may request the relevant undertakings contributing to the production of crisis- relevant products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests. The Commission in close cooperation with the European Defence Agency shall prepare the request for information in cooperation with the Defence Industrial Readiness Board. The information gathered shall be considered classified.

Or. en

Amendment 1213

András Gyürk, György Hölvényi

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.	1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The Commission shall handle this information adhering to the strictest confidentiality measures to ensure that this information, critical to the European defence sector, does not end up in being used in an unauthorised way. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.

Or. en

Amendment 1214

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

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.	1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.

Or. en

Amendment 1215

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

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.	1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request voluntary Member States to provide information about the production capabilities, production capacities and current primary disruptions of the relevant undertakings contributing to the production of crisis-relevant products, established on their territory. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.

Or. en

Amendment 1216

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 46 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, which are not defence products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.	1. Where the supply crisis state is activated pursuant to Article 44, the Commission may request the relevant undertakings contributing to the production of crisis-relevant products, with the prior agreement of the Member State in which it is established, to provide information about their production capabilities, production capacities and current primary disruptions within a set time limit. The requested information shall be limited to what is necessary to assess the nature of the supply crisis or to identify and assess potential mitigation or emergency measures at Union or national level. The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ essential security interests.

Or. en

Amendment 1217

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 46 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. In order to ensuring that the vulnerability identified is not accentuated, or that manufacturers are not unnecessarily exposed to their competitors, as well as 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 1218

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 2

Text proposed by the Commission	Amendment
2. Before launching a request for information, the Commission may carry out a voluntary consultation of a representative number of relevant undertakings with a view to identifying the appropriate and proportionate content of such a request. The Commission shall prepare the request for information in cooperation with the Defence Industrial Readiness Board.	deleted

Or. en

Amendment 1219

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

Proposal for a regulation

Article 46 – paragraph 2

Text proposed by the Commission	Amendment
2. Before launching a request for information, the Commission may carry out a voluntary consultation of a representative number of relevant undertakings with a view to identifying the appropriate and proportionate content of such a request. The Commission shall prepare the request for information in cooperation with the Defence Industrial Readiness Board.	2. Before launching a request for information, the Commission may carry out a voluntary consultation of Member States with a view to identifying the appropriate and proportionate content of such a request.

Or. en

Amendment 1220

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

Proposal for a regulation

Article 46 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall use secure means to launch the request for information and handle any acquired information in accordance with Article 61. For this purpose, national competent authorities shall transmit to the Commission the list of contacts established under Article 41(5).	3. The Commission shall use secure means to launch the request for information and handle any acquired information in accordance with Article 61.

Or. en

Amendment 1221

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

Proposal for a regulation

Article 46 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall without undue delay forward a copy of the request for information to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated. If the national competent authority so requires, the Commission shall transmit the information acquired from the relevant undertaking in accordance with Union law.	deleted

Or. en

Amendment 1222

Jorge Buxadé Villalba

Proposal for a regulation

Article 46 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall without undue delay forward a copy of the request for information to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated. If the national competent authority so requires, the Commission shall transmit the information acquired from the relevant undertaking in accordance with Union law.	4. The Commission shall without undue delay forward a copy of the request for information to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated. The Commission shall as well transmit to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated the information acquired from the relevant undertaking in accordance with Union law.

Or. en

Amendment 1223

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall without undue delay forward a copy of the request for information to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated. If the national competent authority so requires, the Commission shall transmit the information acquired from the relevant undertaking in accordance with Union law.	4. The Commission shall without undue delay forward a copy of the request for information to the national competent authority of the Member State in whose territory the production site of the addressed undertaking is situated. The Commission shall transmit the information acquired from the relevant undertaking to the national competent authority and the European Defence Agency in accordance with Union law.

Or. en

Amendment 1224

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

Proposal for a regulation

Article 46 – paragraph 5

Text proposed by the Commission	Amendment
5. The request for information shall state its legal basis, be limited to the minimum necessary and be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also state the penalties provided for in Article 55.	5. The request for information shall state its legal basis, be limited to the minimum necessary and be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, and set out the time limit within which the information is to be provided.

Or. en

Amendment 1225

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 5

Text proposed by the Commission	Amendment
5. The request for information shall state its legal basis, be limited to the minimum necessary and be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also state the penalties provided for in Article 55.	5. The request for information shall state its legal basis, be limited to the minimum necessary and be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also state the corrective measures provided for in Article 55.

Or. en

Amendment 1226

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. Costs arising from the request for information for the undertaking concerned shall be compensated.

Or. en

Amendment 1227

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

Proposal for a regulation

Article 46 – paragraph 6

Text proposed by the Commission	Amendment
6. The owners of the undertakings or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the undertaking or the association of undertakings concerned.	deleted

Or. en

Amendment 1228

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

Proposal for a regulation

Article 46 – paragraph 7

Text proposed by the Commission	Amendment
7. If an undertaking established in the Union is subject to a request for information from a third country, related to its activities for a Union’s critical defence supply chain, it shall inform the Commission, in due time, in such a manner as to enable the Commission to request similar information from the undertaking. The Commission shall inform the Defence Industrial Readiness Board of the existence of such request from a third country.	deleted

Or. en

Amendment 1229

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 7

Text proposed by the Commission	Amendment
7. If an undertaking established in the Union is subject to a request for information from a third country, related to its activities for a Union’s critical defence supply chain, it shall inform the Commission, in due time, in such a manner as to enable the Commission to request similar information from the undertaking. The Commission shall inform the Defence Industrial Readiness Board of the existence of such request from a third country.	7. If an undertaking established in the Union is subject to a request for information from a third country, related to its activities for a Union’s critical defence supply chain, it shall inform the Member State in which the undertaking is established and the Commission, in due time, in such a manner as to enable the Commission to request similar information from the undertaking. The Commission shall inform the Defence Industrial Readiness Board of the existence of such request from a third country.

Or. en

Amendment 1230

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

Proposal for a regulation

Article 46 – paragraph 8

Text proposed by the Commission	Amendment
8. If an undertaking supplies incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or does not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not supplying the requested information.	deleted

Or. en

Amendment 1231

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 46 – paragraph 8

Text proposed by the Commission	Amendment
8. If an undertaking supplies incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or does not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not supplying the requested information.	8. If an undertaking supplies incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or does not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not supplying the requested information. Sufficient reasons shall be deemed existant where the processing of the information request by an economic operator has the potential to significantly disrupt its operations or when the information is classified and marked as for national use only or the disclosure of which would significantly harm its business activity.

Or. en

Amendment 1232

Michael Gahler

Proposal for a regulation

Article 46 – paragraph 8

Text proposed by the Commission	Amendment
8. If an undertaking supplies incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or does not supply the information within the prescribed time limit, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not supplying the requested information.	8. If an undertaking supplies incorrect, incomplete or misleading information in response to a request made pursuant to this Article, or does not supply the information within the prescribed time limit, the Commission may request the Member State in which the undertaking is established to inquire with the undertaking concerned and, where appropriate to take adaquate measures to ensure compliance, except where the undertaking has sufficient reasons for not supplying the requested information. Where Member States fail to ensure compliance of the undertaking concerned within a reasonable timeframe, the undertaking shall become subject to corrective measures according to article 55.

Or. en

Amendment 1233

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 47

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

Or. en

Justification

Amendment 1234

Sarah Knafo

Proposal for a regulation

Article 47

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

Or. en

Amendment 1235

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 47

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

Or. en

Amendment 1236

Christophe Gomart, Željana Zovko

Proposal for a regulation

Article 47

Text proposed by the Commission	Amendment
Priority-rated orders	deleted

Or. fr

Amendment 1237

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

Proposal for a regulation

Article 47 – title

Text proposed by the Commission	Amendment
Priority-rated orders	Priorisation of non-defence products

Or. en

Amendment 1238

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

Proposal for a regulation

Article 47 – title

Text proposed by the Commission	Amendment
Priority-rated orders	Supply-crisis priority-rated orders

Or. en

Amendment 1239

Michael Gahler

Proposal for a regulation

Article 47 – title

Text proposed by the Commission	Amendment
Priority-rated orders	Re-prioritization of orders

Or. en

Amendment 1240

Marc Botenga

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking to accept, or to prioritise an order of crisis-relevant products, which are not defence products (‘priority rated order’).	deleted

Or. en

Amendment 1241

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking to accept, or to prioritise an order of crisis-relevant products, which are not defence products (‘priority rated order’).	1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may inform the Commission about these difficulties.

Or. en

Amendment 1242

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

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking to accept, or to prioritise an order of crisis-relevant products, which are not defence products (‘priority rated order’).	1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of crisis-relevant products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking established on its territory to accept, or to prioritise an order of crisis-relevant products, which are not defence products (‘priorisation of non-defence products’).

Or. en

Amendment 1243

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 47 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking to accept, or to prioritise an order of crisis-relevant products, which are not defence products (‘priority rated order’).	1. Where the crisis state is activated pursuant to Article 44, a Member State which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of key defence products due to shortages or serious risks of shortages along a Union’s critical defence supply chain, may request the Commission to require an undertaking to accept, or to prioritise an order of crisis-relevant products (‘priority rated order’).

Or. en

Amendment 1244

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.	2. Upon a request referred to in paragraph 1, the Commission may, after receiving prior agreement of the Member State of headquarter establishment of the undertaking concerned as well as the Member State on whose territory the production site of the economic operator concerned is located , notify the undertaking concerned of its intent to impose a priority rated order.

Or. en

Amendment 1245

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

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.	2. Upon a request referred to in paragraph 1, the Commission may notify the undertaking concerned of its intent to impose a priorisation of non-defence products.

Or. en

Amendment 1246

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.	2. Upon a request of the procuring Member State, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, launch an inquiry with the undertaking concerned to identify the specific reasons for the difficulties.

Or. en

Amendment 1247

Jorge Buxadé Villalba

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.	2. Upon a request referred to in paragraph 1, the Commission may, upon authorisation of the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.

Or. en

Amendment 1248

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

Proposal for a regulation

Article 47 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned and with its agreement, notify the undertaking concerned of its intent to impose a priority rated order.	2. Upon a request referred to in paragraph 1, the Commission may, after consulting the Member State of establishment of the undertaking concerned, notify the undertaking concerned of its intent to impose a priority rated order.

Or. en

Amendment 1249

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission	Amendment
3. The notification referred to in paragraph 2 shall include information about the legal basis for the request, specify the product, specifications and quantities concerned as well as the schedule and time-limit within which the order would have to be performed, and state the reasons justifying the use of the priority rated order.	3. The inquiry referred to in paragraph 2 shall include a request for information about the product, its specifications and quantities concerned as well as information on reasons for difficulties, such as shortages in supply of components or raw materials.

Or. en

Amendment 1250

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 4

Text proposed by the Commission	Amendment
4. From the notification referred to in paragraph 2, the undertaking shall reply to the Commission, within five working days and state whether it can accept or not the order. Where the urgency of the situation requires it, the Commission may, based on a justification of such urgency, reduce the deadline for the undertaking to reply.	4. In cases where the difficulties arise from supply shortages of components or raw materials, the Commission working in liaison with the European Defence Agency shall, based on the results of the mapping pursuant to article 40, identify possible alternative suppliers inside the EU and in associated countries and assist the undertaking concerned in establishing contact. If no alternative provider is identifiable or available inside the Union or an associated country, the Commission working in liaison with the European Defence Agency shall identify suppliers in third countries, that if components are concerned, provide these restriction-free, and assist in establishing contact. In cases where the undertaking is an SME or small mid-cap, the European Defence Agency shall assist in purchasing the required components or raw materials.

Or. en

Amendment 1251

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

Proposal for a regulation

Article 47 – paragraph 4

Text proposed by the Commission	Amendment
4. From the notification referred to in paragraph 2, the undertaking shall reply to the Commission, within five working days and state whether it can accept or not the order. Where the urgency of the situation requires it, the Commission may, based on a justification of such urgency, reduce the deadline for the undertaking to reply.	4. From the notification referred to in paragraph 2, the undertaking shall reply to the Commission in a reasonable delay, and state whether it can accept or not the order.

Or. en

Amendment 1252

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 5

Text proposed by the Commission	Amendment
5. Where the undertaking declines the priority rated order, it shall provide the Commission with a detailed justification hereor.	5. In cases where the difficulties arise from full capacity utilization of the undertaking concerned stemming from orders from outside EU or associated countries, the Commission together with the competent authorities of the purchasing Member State and of the Member State in which the undertaking is established shall engage with the undertaking and, if agreed by the undertaking, its customer in order to achieve a mutually acceptable agreement for a re-prioritisation of orders. Costs arising from the agreement for the re-prioritisation of orders shall be covered by the financial envelope laid out in article 5.

Or. en

Amendment 1253

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 6

Text proposed by the Commission	Amendment
6. Where the undertaking accepts the priority rated order, the order shall be deemed accepted under the conditions described in the Commission’s order in accordance with the meaning of paragraph 1 and the undertaking shall be legally bound.	6. In cases where the difficulties arise from full capacity utilization of the undertaking concerned stemming from orders from a Member State, the Commission shall engage with the Member State that placed the order. the purchasing Member State and the Member State in which the undertaking is established to find mutually acceptable agreement for a distribution of the product taking the Union’s security and defence interest in duly consideration.

Or. en

Amendment 1254

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 47 – paragraph 7 – introductory part

Text proposed by the Commission	Amendment
7. Where the notified undertaking declines the priority rated order, the order shall be deemed refused. Having due regard to the justifications invoked by the undertaking, the Commission may:	7. Where the notified undertaking declines the priority rated order, the order shall be deemed refused. Having due regard to the justifications invoked by the undertaking, and taking into account the need to ensure a high level of security of the Union, Member States and Union citizens, the Commission may:

Or. en

Amendment 1255

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 7 – introductory part

Text proposed by the Commission	Amendment
7. Where the notified undertaking declines the priority rated order, the order shall be deemed refused. Having due regard to the justifications invoked by the undertaking, the Commission may:	7. Where the undertaking refuses to engage with the Commission and the competent authorities of the purchasing Member State and of the Member State in which the undertaking is established or refuses to execute the agreement achieved, it shall become subject to corrective measures pursuant to article 55.

Or. en

Amendment 1256

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 7 – point a

Text proposed by the Commission	Amendment
(a) abstain from pursuing the order;	deleted

Or. en

Amendment 1257

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 7 – point b

Text proposed by the Commission	Amendment
(b) oblige, by way of implementing acts, the concerned undertakings to accept or perform the priority rated order at a fair and reasonable price.	deleted

Or. en

Amendment 1258

András Gyürk, György Hölvényi

Proposal for a regulation

Article 47 – paragraph 7 – point b

Text proposed by the Commission	Amendment
(b) oblige, by way of implementing acts, the concerned undertakings to accept or perform the priority rated order at a fair and reasonable price.	(b) oblige, following consulting the national competent authorities, the concerned undertakings to accept or perform the priority rated order at a fair and reasonable price.

Or. en

Amendment 1259

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 8

Text proposed by the Commission	Amendment
8. The Commission shall take into account the objections raised by the undertaking under paragraph 7 and state the reasons why, in line with the proportionality principle and the fundamental rights of the undertaking under the Charter of Fundamental rights of the Union, it was necessary to adopt the implementing act referred to in paragraph 7, point (b), in light of the circumstances described in paragraph 1.	deleted

Or. en

Amendment 1260

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 9

Text proposed by the Commission	Amendment
9. The Commission shall state in the implementing act referred to in paragraph 7, point (b), the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and set out the product, specifications, volume, and any other parameter to be complied with. The Commission shall also state the penalties provided for in Article 55 for non-compliance with the obligation.	deleted

Or. en

Amendment 1261

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 10

Text proposed by the Commission	Amendment
10. Where the undertaking has accepted the priority rated order of the Commission under paragraph 6 or where the Commission has adopted an implementing act under paragraph 7(b), the priority rated order shall:	deleted
(a) be placed at a fair and reasonable price, adequately taking into account the economic operator’s opportunity costs when fulfilling the priority rated orders vis-à-vis existing contractual obligations;
(b) take precedence over any performance obligation under private or public law with the exception of these directly related to military orders.

Or. en

Amendment 1262

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 10 – point a

Text proposed by the Commission	Amendment
(a) be placed at a fair and reasonable price, adequately taking into account the economic operator’s opportunity costs when fulfilling the priority rated orders vis-à-vis existing contractual obligations;	deleted

Or. en

Amendment 1263

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 10 – point b

Text proposed by the Commission	Amendment
(b) take precedence over any performance obligation under private or public law with the exception of these directly related to military orders.	deleted

Or. en

Amendment 1264

András Gyürk, György Hölvényi

Proposal for a regulation

Article 47 – paragraph 10 – point b

Text proposed by the Commission	Amendment
(b) take precedence over any performance obligation under private or public law with the exception of these directly related to military orders.	(b) the undertaking shall be duly compensated for taking precedence over any performance obligation under private or public law with the exception of these directly related to military orders.

Or. en

Amendment 1265

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 11

Text proposed by the Commission	Amendment
11. Any conflict between a priority rated order and a measure under any other prioritisation mechanism of the Union shall be resolved by the Commission, based on the weighing of the public interest.	deleted

Or. en

Amendment 1266

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 47 – paragraph 11

Text proposed by the Commission	Amendment
11. Any conflict between a priority rated order and a measure under any other prioritisation mechanism of the Union shall be resolved by the Commission, based on the weighing of the public interest.	11. Any conflict between a priority rated order and a measure under any other prioritisation mechanism of the Union shall be resolved by the Commission, based on the weighing of the public interest, and in close consultation with the European Parliament and the Council.

Or. en

Amendment 1267

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 12

Text proposed by the Commission	Amendment
12. Where the undertaking has agreed to the order of the Commission under paragraph 6 or where the Commission has adopted an implementing act under paragraph 7(b), the undertaking may request the Commission to review the priority rated order where it considers it to be duly justified based on one of the following grounds:	deleted
(a) the undertaking is unable to perform the priority rated order on account of insufficient production capability or production capacity, even under preferential treatment of the order;
(b) acceptance of the order would place an unreasonable economic burden and entail particular hardship for the undertaking.

Or. en

Amendment 1268

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 12 – point a

Text proposed by the Commission	Amendment
(a) the undertaking is unable to perform the priority rated order on account of insufficient production capability or production capacity, even under preferential treatment of the order;	deleted

Or. en

Amendment 1269

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 12 – point b

Text proposed by the Commission	Amendment
(b) acceptance of the order would place an unreasonable economic burden and entail particular hardship for the undertaking.	deleted

Or. en

Amendment 1270

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 13

Text proposed by the Commission	Amendment
13. The undertaking shall provide all relevant and substantiated information to allow the Commission to assess the merits of the objections raised.	deleted

Or. en

Amendment 1271

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 14

Text proposed by the Commission	Amendment
14. Based on the examination of the reasons and evidence provided by the undertaking, the Commission may, after consulting the Member State of establishment, amend its implementing Act to release, partially or in totality the undertaking concerned from its obligations under this Article.	deleted

Or. en

Amendment 1272

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 15

Text proposed by the Commission	Amendment
15. This Article shall be without prejudice to the use of national mechanisms or initiatives having an equivalent effect.	deleted

Or. en

Amendment 1273

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 16

Text proposed by the Commission	Amendment
16. When an undertaking established in the Union is subject to a measure of a third country which entails a priority rated order, it shall notify the Commission thereof. The Commission shall then inform the Committee of the existence of such measures.	16. When an undertaking established in the Union is subject to a measure of a third country which entails a re-prioritization of orders, it shall notify the Commission thereof. The Commission shall then inform the Defence Industrial Readiness Board of the existence of such measures. If the undertaking fail to notify the Commission, it may become subject to corrective measures pursuant to article 55.

Or. en

Amendment 1274

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 17

Text proposed by the Commission	Amendment
17. Where an undertaking accepts or is obliged to accept and prioritise a priority rated order in accordance with paragraphs 6 or 7(b) it shall be shielded from any contractual or extra-contractual liability in relation to comply with the priority rated requests. The liability shall be excluded only to the extent the violation of contractual obligations was necessary for compliance with the mandated prioritisation.	deleted

Or. en

Amendment 1275

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 18

Text proposed by the Commission	Amendment
18. Where an economic operator, after having expressly accepted or been obliged to accept to prioritise the orders requested by the Commission, intentionally or through gross negligence, does not comply with the obligation to prioritise those orders, it shall be subject to fines set in accordance with Article 54, except where the undertaking has sufficient reasons for not complying with the obligation to prioritise those orders.	deleted

Or. en

Amendment 1276

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 19

Text proposed by the Commission	Amendment
19. The Commission shall adopt an implementing act laying down the practical and operational arrangements for the functioning of priority rated requests.	deleted

Or. en

Amendment 1277

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 47 – paragraph 19

Text proposed by the Commission	Amendment
19. The Commission shall adopt an implementing act laying down the practical and operational arrangements for the functioning of priority rated requests.	19. By [6 months after the entry into force of this Regulation], the Commission shall adopt an implementing act laying down the practical and operational arrangements for the functioning of priority rated orders.

Or. en

Amendment 1278

Michael Gahler

Proposal for a regulation

Article 47 – paragraph 20

Text proposed by the Commission	Amendment
20. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 58 (3).	deleted

Or. en

Amendment 1279

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

Proposal for a regulation

Article 47 a (new)

Text proposed by the Commission	Amendment
	Article47a
	Support to emergency defence innovation actions
	Where the Council activates this measure in accordance with Article 48(4), innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:
	(a) activities that aim at rapid adaptation and modification of civilian products for defence applications;
	(b) activities that aim at very significantly shortening the delivery lead time of defence products;
	(c) activities that aim at significantly simplifying the technical specifications of defence products in order to enable their mass production;
	(d) activities that aim at significantly simplifying the production process of defence products to enable their mass production.

Or. en

Amendment 1280

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

Proposal for a regulation

Article 47 b (new)

Text proposed by the Commission	Amendment
	Article47b
	Certification in security-related supply crisis state
	1. Where the Council activates this measure in accordance with Article 48(4), Member States shall ensure that administrative procedures related to the certification and where necessary technical adaptations are processed in the most rapid possible way, according to their applicable national laws and regulations.
	2. Where such status exists in national law, certification of crisis-relevant defence products shall be allocated the status of the highest national significance possible.
	3. Where this measure is activated, defence products certified in a Member State shall be deemed certified in another Member State without being subject to additional controls.
	4. The Implementing Act of the Council referred to article 48(3) may lay down more precise provisions on the scope of this measure.
	5. This measure shall be without prejudice to Member States’ essential security interests.

Or. en

Amendment 1281

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

Proposal for a regulation

Article 47 c (new)

Text proposed by the Commission	Amendment
	Article47c
	National fast-tracking of permit granting procedures
	1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.
	2. The security of supply of defence products may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(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 1282

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

Proposal for a regulation

Article 47 d (new)

Text proposed by the Commission	Amendment
	Article47d
	Prioritisation of defence products
	Where the Council activates this measure in accordance with Article 48(4), a Member State, which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products and these difficulties may undermine the security of the Union and of its Member States, may ask the Commission to require an undertaking established on its territory to accept, or to prioritise certain orders of crisis-relevant products (‘priorisation of defence products’). These requests may only concern defence products.
	2. Upon a request referred to in paragraph 1, the Commission may address a request to the concerned undertaking. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.
	3. Where the undertaking to which the request referred to in paragraph 1 is addressed has expressly accepted the request to prioritise the requests, the Commission shall, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, adopt an implementing act providing for:
	(a) the legal basis of the priority rated requests which has to be complied with by the undertaking;
	(b) the crisis-relevant products subject to the priority rated request and quantity in which they are to be supplied;
	(c) the time limits within which the priority rated request is to be completed;
	(d) the beneficiaries of the priority rated request, and
	(e) the waiver of contractual liability under the conditions laid down in paragraph 5.
	4. The priority rated requests shall be placed at a fair and reasonable price adequately taking into account the economic operator’s opportunity costs when fulfilling the priority rated requests vis-à-vis existing contractual obligations. The priority rated requests shall take precedence over any prior private or public contractual obligation related to the products subject to the priority rated request under private or public law.
	5. The economic operator subject to that priority-rated request shall not be liable for any breach of contractual obligation that is governed by the law of a Member State, where:
	(a) the breach of contractual obligations is strictly necessary for compliance with the required prioritization,
	(b) the implementing act referred to in paragraph 3 has been complied with and
	(c) the acceptance of the priority rated request was not solely made with a view to unduly avoiding a prior performance obligation.
	6. Where an economic operator, after having expressly accepted to prioritise the orders requested by the Commission, intentionally or through gross negligence, does not comply with the obligation to prioritise those orders, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not complying with the obligation to prioritise those orders.
	7. This Article shall be without prejudice to the use of national mechanisms or initiatives having an equivalent effect.
	8. When an undertaking established in the Union is subject to a measure of a third country which entails a priority rated request, it shall notify the Commission thereof. The Commission shall then inform the Committee of the existence of such measures.
	9. The implementing act referred to in paragraph 3 shall be adopted in accordance with the examination procedure referred to in Article 58(3).

Or. en

Amendment 1283

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

Proposal for a regulation

Chapter IV – Section 4

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

Or. en

Amendment 1284

Sarah Knafo

Proposal for a regulation

Chapter IV – Section 4

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

Or. en

Amendment 1285

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 48

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

Or. en

Justification

Amendment 1286

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 48

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

Or. en

Amendment 1287

Michael Gahler

Proposal for a regulation

Article 48

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

Or. en

Amendment 1288

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 48

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

Or. en

Amendment 1289

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

Proposal for a regulation

Article 48 – title

Text proposed by the Commission	Amendment
Activation of the security-related supply crisis state	Activation of the security crisis state

Or. en

Amendment 1290

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

Proposal for a regulation

Article 48 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) A security crisis has arisen or is deemed to have arisen;	(a) A security crisis has arisen or or there is an imminent risk or it arising causing significant shortages of defence products.

Or. en

Amendment 1291

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

Proposal for a regulation

Article 48 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) there are serious disruptions in the provision of products or serious obstacles to trade in defence products within the Union causing significant shortages of defence products or related intermediate products or raw or processed materials.	deleted

Or. en

Amendment 1292

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

Proposal for a regulation

Article 48 – paragraph 2

Text proposed by the Commission	Amendment
2. Where a security-related supply crisis occurs or where the Commission or the Defence Industrial Readiness Board becomes aware of a potential security-related supply crisis pursuant to Article 43, the Commission shall assess, with the support of the High-Representative, whether the conditions of paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the security-related supply crisis state on the Union’s defence supply chains. Where that assessment provides concrete and reliable evidence, the Commission may propose to the Council to activate the security-related supply crisis state.	2. Where a security crisis occurs or where the Commission or the Defence Industrial Readiness Board becomes aware of a potential security-related supply crisis pursuant to Article 43, the Commission shall assess, with the support of the High-Representative, whether the conditions of paragraph 1 of this Article are met. That assessment shall take into account the potential positive and negative impacts and consequences of the security-related supply crisis state on the Union’s defence supply chains. Where that assessment provides concrete and reliable evidence, the Commission may propose to the Council to activate the security-related supply crisis state.

Or. en

Amendment 1293

Jorge Buxadé Villalba

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, upon the proposal of the Commission and acting by qualified majority, may adopt an Implementing Act activating the security-related supply crisis state 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.	3. The Council, upon the proposal of the Commission and acting by unanimity, may adopt an Implementing Act activating the security-related supply crisis state 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.

Or. en

Amendment 1294

András Gyürk, György Hölvényi

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, upon the proposal of the Commission and acting by qualified majority, may adopt an Implementing Act activating the security-related supply crisis state 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.	3. The Council, upon the proposal of the Commission and acting by unanimity, may adopt an Implementing Act activating the security-related supply crisis state 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.

Or. en

Amendment 1295

Marc Botenga

Proposal for a regulation

Article 48 – paragraph 3

Text proposed by the Commission	Amendment
3. The Council, upon the proposal of the Commission and acting by qualified majority, may adopt an Implementing Act activating the security-related supply crisis state 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.	3. The Council, upon the proposal of the Commission and acting by unanimity, may adopt an Implementing Act activating the security-related supply crisis state 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.

Or. en

Amendment 1296

Marc Botenga

Proposal for a regulation

Article 48 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission may propose prolongation to the Council, specifying which of the measures are appropriate for prolongation, when the assessment referred to in paragraph 4 concludes that it is appropriate that the period for which the security-related supply crisis state is activated be prolonged. The prolongation shall be for up to six months. The Council, acting by qualified majority, may repeatedly decide to prolong the period for which the security-related supply crisis state is activated 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 European citizens.	6. The Commission may propose prolongation to the Council, specifying which of the measures are appropriate for prolongation, when the assessment referred to in paragraph 4 concludes that it is appropriate that the period for which the security-related supply crisis state is activated be prolonged. The prolongation shall be for up to six months. The Council, acting by unanimity, may repeatedly decide to prolong the period for which the security-related supply crisis state is activated 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 European citizens.

Or. en

Amendment 1297

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	deleted
Information gathering
Where the Council activates this measure in accordance with Article 48(4), the Commission may take the measure provided for in Article 46 in relation to defence products, in accordance with the conditions defined therein.

Or. en

Justification

Amendment 1298

Sarah Knafo

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	deleted
Information gathering
Where the Council activates this measure in accordance with Article 48(4), the Commission may take the measure provided for in Article 46 in relation to defence products, in accordance with the conditions defined therein.

Or. en

Amendment 1299

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	deleted
Information gathering
Where the Council activates this measure in accordance with Article 48(4), the Commission may take the measure provided for in Article 46 in relation to defence products, in accordance with the conditions defined therein.

Or. en

Amendment 1300

Michael Gahler

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	deleted
Information gathering
Where the Council activates this measure in accordance with Article 48(4), the Commission may take the measure provided for in Article 46 in relation to defence products, in accordance with the conditions defined therein.

Or. en

Amendment 1301

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 49

Text proposed by the Commission	Amendment
Article 49	deleted
Information gathering
Where the Council activates this measure in accordance with Article 48(4), the Commission may take the measure provided for in Article 46 in relation to defence products, in accordance with the conditions defined therein.

Or. en

Amendment 1302

Sarah Knafo

Proposal for a regulation

Article 50

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

Or. en

Amendment 1303

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 50

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

Or. en

Justification

Amendment 1304

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 50

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

Or. en

Amendment 1305

Christophe Gomart, Željana Zovko

Proposal for a regulation

Article 50

Text proposed by the Commission	Amendment
Prioritisation of defence products (Priority Rated Requests)	deleted

Or. fr

Amendment 1306

Michael Gahler

Proposal for a regulation

Article 50

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

Or. en

Amendment 1307

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 50

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

Or. en

Amendment 1308

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

Proposal for a regulation

Article 50 – title

Text proposed by the Commission	Amendment
Prioritisation of defence products (Priority Rated Requests)	Prioritisation of defence products (security-crisis priority rated orders)

Or. en

Amendment 1309

Marc Botenga

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4), a Member State, which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products and these difficulties may undermine the security of the Union and of its Member States, may ask the Commission to require an undertaking to accept, or to prioritise certain orders of crisis-relevant products (‘priority rated requests’). These requests may only concern defence products.	deleted

Or. en

Amendment 1310

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

Proposal for a regulation

Article 50 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4), a Member State, which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products due to shortages or serious risks of shortages of crisis-relevant products and these difficulties may undermine the security of the Union and of its Member States, may ask the Commission to require an undertaking to accept, or to prioritise certain orders of crisis-relevant products (‘priority rated requests’). These requests may only concern defence products.	1. Where the Council activates this measure in accordance with Article 48(4), a Member State, which faces or may face severe difficulties either in the placing of an order or in the execution of a contract for the supply of defence products and these difficulties may undermine the security of the Union and of its Member States, may ask the Commission to require an undertaking to accept, or to prioritise certain orders of defence and crisis-relevant products.

Or. en

Amendment 1311

András Gyürk, György Hölvényi

Proposal for a regulation

Article 50 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Decisions regarding the prioritisation of defence production shall be initiated by Member States in accordance with their national sovereignty and security policies. The Commission shall not mandate priority-rated requests that interfere with national procurement strategies unless expressly requested and approved by the Member State concerned. The sovereignty of Member States over their defence industrial base shall be safeguarded against any compulsory Union-imposed prioritisation measures.

Or. en

Amendment 1312

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, require the latter to accept the priority rated requests. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.	2. Upon a request referred to in paragraph 1, the Commission may, after receiving prior agreement of the Member State of headquarter establishment of the undertaking concerned as well as the Member State on whose territory the production site of the economic operator concerned is located, issue a request to the latter, asking to accept the priority rated requests. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.

Or. en

Amendment 1313

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

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, require the latter to accept the priority rated requests. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.	2. Upon a request referred to in paragraph 1, the Commission may, after the consultation of the Member State of establishment of the concerned undertaking, require the latter to accept the priority rated order.

Or. en

Amendment 1314

Jorge Buxadé Villalba

Proposal for a regulation

Article 50 – paragraph 2

Text proposed by the Commission	Amendment
2. Upon a request referred to in paragraph 1, the Commission may, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, require the latter to accept the priority rated requests. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.	2. Upon a request referred to in paragraph 1, the Commission may, upon authorisation of the Member State of establishment of the concerned undertaking and with its prior agreement, require the latter to accept the priority rated requests. The Commission’s request shall explicitly indicate that the economic operator remains free to refuse the request.

Or. en

Amendment 1315

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

Proposal for a regulation

Article 50 – paragraph 3 – introductory part

Text proposed by the Commission	Amendment
3. Where the undertaking to which the request referred to in paragraph 1 is addressed has expressly accepted the request to prioritise the requests, the Commission shall, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, adopt an implementing act providing for:	3. The Commission shall, after the consultation of the Member State of establishment of the concerned undertaking, adopt an implementing act providing for:

Or. en

Amendment 1316

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 50 – paragraph 3 – introductory part

Text proposed by the Commission	Amendment
3. Where the undertaking to which the request referred to in paragraph 1 is addressed has expressly accepted the request to prioritise the requests, the Commission shall, after the consultation of the Member State of establishment of the concerned undertaking and with its prior agreement, adopt an implementing act providing for:	3. Where the undertaking to which the request referred to in paragraph 1 is addressed has expressly accepted the request to prioritise the requests, the Commission shall, after receiving prior agreement of the Member State of headquarter establishment of the undertaking concerned as well as the Member State on whose territory the production site of the economic operator concerned is located adopt an implementing act providing for:

Or. en

Amendment 1317

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

Proposal for a regulation

Article 50 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) the legal basis of the priority rated requests which has to be complied with by the undertaking;	(a) the legal basis of the priority rated order which has to be complied with by the undertaking;

Or. en

Amendment 1318

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

Proposal for a regulation

Article 50 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) the crisis-relevant products subject to the priority rated request and quantity in which they are to be supplied;	(b) the defence products and crisis-relevant products subject to the priority rated order and quantity in which they are to be supplied;

Or. en

Amendment 1319

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

Proposal for a regulation

Article 50 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) the time limits within which the priority rated request is to be completed;	(c) the time limits within which the priority rated order is to be completed;

Or. en

Amendment 1320

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

Proposal for a regulation

Article 50 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) the beneficiaries of the priority rated request, and	(d) the beneficiaries of the priority rated order, and

Or. en

Amendment 1321

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

Proposal for a regulation

Article 50 – paragraph 3 – point e a (new)

Text proposed by the Commission	Amendment
	(e a) the penalties provided for in Article 55 for non-compliance with the obligation by undertakings referred to in paragraph 2.

Or. en

Amendment 1322

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

Proposal for a regulation

Article 50 – paragraph 4

Text proposed by the Commission	Amendment
4. The priority rated requests shall be placed at a fair and reasonable price adequately taking into account the economic operator’s opportunity costs when fulfilling the priority rated requests vis-à-vis existing contractual obligations. The priority rated requests shall take precedence over any prior private or public contractual obligation related to the products subject to the priority rated request under private or public law.	4. The priority rated ordershall be placed at a fair and reasonable price adequately taking into account the economic operator’s opportunity costs when fulfilling the priority rated requests vis-à-vis existing contractual obligations. The priority rated order shall take precedence over any prior private or public contractual obligation related to the products subject to the priority rated order under private or public law.

Or. en

Amendment 1323

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

Proposal for a regulation

Article 50 – paragraph 5 – introductory part

Text proposed by the Commission	Amendment
5. The economic operator subject to that priority-rated request shall not be liable for any breach of contractual obligation that is governed by the law of a Member State, where:	5. The economic operator subject to that priority-rated order shall not be liable for any breach of contractual obligation that is governed by the law of a Member State, where:

Or. en

Amendment 1324

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

Proposal for a regulation

Article 50 – paragraph 6

Text proposed by the Commission	Amendment
6. Where an economic operator, after having expressly accepted to prioritise the orders requested by the Commission, intentionally or through gross negligence, does not comply with the obligation to prioritise those orders, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not complying with the obligation to prioritise those orders.	6. Where an economic operator, after having expressly acknowledged the order from the Commission, intentionally or through gross negligence, does not comply with the obligation to prioritise those orders, it shall be subject to fines set in accordance with Article 55, except where the undertaking has sufficient reasons for not complying with the obligation to prioritise those orders.

Or. en

Amendment 1325

Sarah Knafo

Proposal for a regulation

Article 51

Text proposed by the Commission	Amendment
Article 51	deleted
Intra-EU transfers of defence products
1. Where the Council activates this measure in accordance with Article 48(4) and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.
2. Transfers of crisis-relevant products cannot be considered as sensitive within the meaning of article 4, paragraph 8 of Directive 2009/43/EC.
3. Member States shall refrain from imposing restrictions to the transfer of defence-related products as defined in Article 2 of Directive 2009/43/EC within the Union. Where Member States impose such restrictions on grounds of security or defence, it shall be done only if those restrictions are:
(a) transparent, i.e. enshrined in public statements/documents;
(b) duly motivated, i.e. they need to spell out the reasons and the link to security or defence;
(c) proportionate, i.e. not going beyond what is strictly necessary;
(d) relevant and specific, i.e. a restriction needs to be specific to a defence-related product or a category of defence-related products;
(e) non-discriminatory.

Or. en

Amendment 1326

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 51

Text proposed by the Commission	Amendment
Article 51	deleted
Intra-EU transfers of defence products
1. Where the Council activates this measure in accordance with Article 48(4) and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.
2. Transfers of crisis-relevant products cannot be considered as sensitive within the meaning of article 4, paragraph 8 of Directive 2009/43/EC.
3. Member States shall refrain from imposing restrictions to the transfer of defence-related products as defined in Article 2 of Directive 2009/43/EC within the Union. Where Member States impose such restrictions on grounds of security or defence, it shall be done only if those restrictions are:
(a) transparent, i.e. enshrined in public statements/documents;
(b) duly motivated, i.e. they need to spell out the reasons and the link to security or defence;
(c) proportionate, i.e. not going beyond what is strictly necessary;
(d) relevant and specific, i.e. a restriction needs to be specific to a defence-related product or a category of defence-related products;
(e) non-discriminatory.

Or. en

Amendment 1327

Michael Gahler

Proposal for a regulation

Article 51 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4) and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.	1. Where the Council activates this measure in accordance with Article 47 and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.

Or. en

Amendment 1328

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 51 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4) and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.	1. Where the Council activates the supply-crisis state and without prejudice to Directive 2009/43/EC and Member States’ prerogatives under that Directive, Member States shall ensure that applications related to intra-EU transfers are processed in an efficient and timely manner. To that end, all national authorities concerned shall ensure that the treatment of an application does not exceed 2 working days.

Or. en

Amendment 1329

Marc Botenga

Proposal for a regulation

Article 51 – paragraph 2

Text proposed by the Commission	Amendment
2. Transfers of crisis-relevant products cannot be considered as sensitive within the meaning of article 4, paragraph 8 of Directive 2009/43/EC.	2. Transfers of crisis-relevant products could be considered as sensitive within the meaning of article 4, paragraph 8 of Directive 2009/43/EC.

Or. en

Amendment 1330

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

Proposal for a regulation

Article 51 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. By way of derogation from Article 4(1) of Directive 2009/43/EC, the transfer of defence related products as defined in Article 2 of Directive 2009/43/EC between Member States shall not be subject to prior authorisation.

Or. en

Amendment 1331

Marc Botenga

Proposal for a regulation

Article 51 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall refrain from imposing restrictions to the transfer of defence-related products as defined in Article 2 of Directive 2009/43/EC within the Union. Where Member States impose such restrictions on grounds of security or defence, it shall be done only if those restrictions are:	deleted
(a) transparent, i.e. enshrined in public statements/documents;
(b) duly motivated, i.e. they need to spell out the reasons and the link to security or defence;
(c) proportionate, i.e. not going beyond what is strictly necessary;
(d) relevant and specific, i.e. a restriction needs to be specific to a defence-related product or a category of defence-related products;
(e) non-discriminatory.

Or. en

Amendment 1332

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

Proposal for a regulation

Article 51 – paragraph 3 – introductory part

Text proposed by the Commission	Amendment
3. Member States shall refrain from imposing restrictions to the transfer of defence-related products as defined in Article 2 of Directive 2009/43/EC within the Union. Where Member States impose such restrictions on grounds of security or defence, it shall be done only if those restrictions are:	3. Member States shall refrain from imposing restrictions to the transfer of defence-related products as defined in Article 2 of Directive 2009/43/EC within the Union. Where Member States impose such restrictions on grounds of security or defence, it shall be done only if those restrictions are:

Or. en

Amendment 1333

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

Proposal for a regulation

Article 51 – paragraph 3 – point a

Text proposed by the Commission	Amendment
(a) transparent, i.e. enshrined in public statements/documents;	deleted

Or. en

Amendment 1334

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

Proposal for a regulation

Article 51 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) duly motivated, i.e. they need to spell out the reasons and the link to security or defence;	deleted

Or. en

Amendment 1335

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

Proposal for a regulation

Article 51 – paragraph 3 – point c

Text proposed by the Commission	Amendment
(c) proportionate, i.e. not going beyond what is strictly necessary;	deleted

Or. en

Amendment 1336

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

Proposal for a regulation

Article 51 – paragraph 3 – point d

Text proposed by the Commission	Amendment
(d) relevant and specific, i.e. a restriction needs to be specific to a defence-related product or a category of defence-related products;	deleted

Or. en

Amendment 1337

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

Proposal for a regulation

Article 51 – paragraph 3 – point e

Text proposed by the Commission	Amendment
(e) non-discriminatory.	deleted

Or. en

Amendment 1338

Morten Løkkegaard, João Cotrim De Figueiredo

Proposal for a regulation

Article 51 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. The Commission shall establish common EU-level guidelines to reduce the administrative burden of intra-EU transfers of defence-related products, develop mechanisms for the mutual recognition of documentation and certifications in intra-EU defence trade, and establish a unified framework to simplify public-private partnerships for defense projects of shared EU interest.

Or. en

Amendment 1339

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

Proposal for a regulation

Article 51 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. A rapid-deployment mechanism for joint stockpiles shall be available, placing them in or near the most vulnerable Member States, particularly those on the Eastern flank, to ensure immediate availability in the event of an attack.

Or. en

Amendment 1340

Katri Kulmuni, Sigrid Friis, Morten Løkkegaard

Proposal for a regulation

Article 51 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. A rapid-deployment mechanism for joint stockpiles shall be available, placing them near the most vulnerable Member States, particularly those on the Eastern border, to ensure immediate availability in the event of an attack.

Or. en

Amendment 1341

Sarah Knafo

Proposal for a regulation

Article 52

Text proposed by the Commission	Amendment
Article 52	deleted
Support to emergency defence innovation actions
Where the Council activates this measure in accordance with Article 48(4), innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:
(a) activities that aim at rapid adaptation and modification of civilian products for defence applications;
(b) activities that aim at very significantly shortening the delivery lead time of defence products;
(c) activities that aim at significantly simplifying the technical specifications of defence products in order to enable their mass production;
(d) activities that aim at significantly simplifying the production process of defence products to enable their mass production.

Or. en

Amendment 1342

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 52 – title

Text proposed by the Commission	Amendment
Support to emergency defence innovation actions	Defence innovation actions

Or. en

Amendment 1343

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 52 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Where the Council activates this measure in accordance with Article 48(4), innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:	Innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:

Or. en

Amendment 1344

Michael Gahler

Proposal for a regulation

Article 52 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Where the Council activates this measure in accordance with Article 48(4), innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:	Where the Council activates this measure in accordance with Article 47, innovation actions related to one of the following activities shall be deemed eligible under the Programme, provided for in Chapter II:

Or. en

Amendment 1345

Marc Botenga

Proposal for a regulation

Article 52 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) activities that aim at rapid adaptation and modification of civilian products for defence applications;	deleted

Or. en

Amendment 1346

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 52 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) activities that aim at rapid adaptation and modification of civilian products for defence applications;	(a) activities that aim at rapid adaptation and modification of civilian products that are in compliance with applicable Union law, for defence applications;

Or. en

Amendment 1347

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 52 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) activities that aim at significantly simplifying the production process of defence products to enable their mass production.	(d) activities that aim at significantly simplifying the production process of defence products to enable their mass production without undermining environmental, fundamental rights, social and health standards.

Or. en

Amendment 1348

Michael Gahler

Proposal for a regulation

Article 52 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(d a) activities that aim at replacing components by alternatives that are available in the EU or are easily adaptable or can be developed in a timely manny by economic entities inside EU;

Or. en

Amendment 1349

Michael Gahler

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The Commission together with the Hub for European Defence Innovation of the European Defnce agency shall identify possible measures and assess their timely feasibility, while taking long-term effects in the reduction of external dependencies into consideration, as well as the financial implications of the activities outlined in Article 52 (1) and inform, togehter with the European Defence Agency, the Council, the Defence Industrial Readiness Board and the European Parliament in a timely manner.

Or. en

Amendment 1350

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Innovation actions referred to in paragraph 1 shall ensure full compliance with environmental, social and human health standards, and shall not undermine any fundamental rights.

Or. en

Amendment 1351

Marc Botenga

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Any public support to defence innovation actions should yield proportionate public ownership of intellectual property rights

Or. en

Amendment 1352

Michael Gahler

Proposal for a regulation

Article 52 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	After a positive evaluation of the findings of the Commission and the European Defence Agency by the Defence Industrial Readiness Board, the Commission may adopt an implementing act to timely initiate financial support for the action identified under this regulation.

Or. en

Amendment 1353

Sarah Knafo

Proposal for a regulation

Article 53

Text proposed by the Commission	Amendment
Article 53	deleted
Certification in security-related supply crisis state
1. Where the Council activates this measure in accordance with Article 48(4), Member States shall ensure that administrative procedures related to the certification and where necessary technical adaptations are processed in the most rapid possible way, according to their applicable national laws and regulations.
2. Where such status exists in national law, certification of crisis-relevant defence products shall be allocated the status of the highest national significance possible.
3. Where this measure is activated, defence products certified in a Member State shall be deemed certified in another Member State without being subject to additional controls.
4. The Implementing Act of the Council referred to article 48(3) may lay down more precise provisions on the scope of this measure.
5. This measure shall be without prejudice to Member States’ essential security interests.

Or. en

Amendment 1354

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

Proposal for a regulation

Article 53 – title

Text proposed by the Commission	Amendment
Certification in security-related supply crisis state	Certification in security-crisis state

Or. en

Amendment 1355

Michael Gahler

Proposal for a regulation

Article 53 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4), Member States shall ensure that administrative procedures related to the certification and where necessary technical adaptations are processed in the most rapid possible way, according to their applicable national laws and regulations.	1. Where the Council activates this measure in accordance with Article 44, Member States shall ensure that administrative procedures related to the certification and where necessary technical adaptations are processed in the most rapid possible way, according to their applicable national laws and regulations.

Or. en

Amendment 1356

Marc Botenga

Proposal for a regulation

Article 53 – paragraph 2

Text proposed by the Commission	Amendment
2. Where such status exists in national law, certification of crisis-relevant defence products shall be allocated the status of the highest national significance possible.	deleted

Or. en

Amendment 1357

Marc Botenga

Proposal for a regulation

Article 53 – paragraph 3

Text proposed by the Commission	Amendment
3. Where this measure is activated, defence products certified in a Member State shall be deemed certified in another Member State without being subject to additional controls.	deleted

Or. en

Amendment 1358

Sarah Knafo

Proposal for a regulation

Article 54

Text proposed by the Commission	Amendment
Article 54	deleted
National fast-tracking of permit granting procedures
1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.
2. The security of supply of defence products may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(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 1359

Marc Botenga

Proposal for a regulation

Article 54 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.	deleted

Or. en

Amendment 1360

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

Proposal for a regulation

Article 54 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.	1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of defence and crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.

Or. en

Amendment 1361

Michael Gahler

Proposal for a regulation

Article 54 – paragraph 1

Text proposed by the Commission	Amendment
1. Where the Council activates this measure in accordance with Article 48(4)and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.	1. Where the Council activates this measure in accordance with Article 44 and where such status exists in national law the planning, construction and operation of production facilities of crisis-relevant products shall be allocated the status of the highest national significance possible and be treated as such in permit granting processes, including those relating to environmental assessments and if national law so provides, in spatial planning.

Or. en

Amendment 1362

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 54 – paragraph 2

Text proposed by the Commission	Amendment
2. The security of supply of defence products may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(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.	deleted

Or. en

Amendment 1363

Bart Groothuis

Proposal for a regulation

Article 54 – paragraph 2

Text proposed by the Commission	Amendment
2. The security of supply of defence products may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(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.	2. The security of supply of defence products may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(c) of Directive 92/43/EEC, of overriding public interest within the meaning of Article 4(7) of Directive 2000/60, and of overriding public interest within the meaning of aticle 15(7), point (c) of Directive 2010/75/EU. 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. These facilities may also be considered to fall under Article 1(3) of Directive 2011/92/EU.

Or. en

Justification

Recognizing the urgency of boosting defense industrial capacity, faster permitting to scale up production facilities is essential. Therefore this amendment reiterates another existing overriding public interest derogation for Directive 2010/75/EU Industrial Emissions Directive, and to fall under an existing derogation of Article 1(3) of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, which states that Member States may decide, on a case-by-case basis if so provided under national law, not to apply this Directive to projects serving national defence purposes.

Amendment 1364

Michael Gahler

Proposal for a regulation

Article 54 a (new)

Text proposed by the Commission	Amendment
	Article 54a
	Continuity of production of relevant defence products
	1. Member States may decide to use or to encourage companies producing relevant defence products to make use of derogations provided for in Article 17(3) of Directive 2003/88/EC in order to allow expansion of working shifts hence facilitating continuity of production of defence relevant products, if they deem it necessary to achieve the objectives of this regulation.
	2. To that end and where prior authorisation is required, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to applications from entities producing or being part of the supply chain of relevant defence product to use such derogations.

Or. en

Amendment 1365

Christophe Gomart, Željana Zovko

Proposal for a regulation

Chapter IV – Section 5

Text proposed by the Commission	Amendment
5 The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:	deleted

Or. fr

Amendment 1366

Michael Gahler

Proposal for a regulation

Chapter IV – Section 5 – title

Text proposed by the Commission	Amendment
5 Penalties	5 Corrective measures

Or. en

Amendment 1367

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 55

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

Or. en

Amendment 1368

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 55

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

Or. en

Justification

Amendment 1369

Michael Gahler

Proposal for a regulation

Article 55 – title

Text proposed by the Commission	Amendment
Penalties	Corrective measures

Or. en

Amendment 1370

Sarah Knafo

Proposal for a regulation

Article 55 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:	deleted
(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;
(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);
(c) periodic penalty payments not exceeding 1,5 % of the average daily turnover in the preceding business year for each working day of non-compliance from the date established in the decision in which the priority-rated order was issued, where it, intentionally or through gross negligence, does not comply with an obligation to prioritise the production of crisis-relevant products pursuant to Article 47. Where the undertaking concerned is an SME, the periodic penalty payments imposed shall not exceed 0,5 % of its average daily turnover in the preceding business year;
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.

Or. en

Amendment 1371

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:	1. The Commission after consulting the Defence Industrial Readiness Board and the Member State in which the undertaking is established may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Article 46, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) or refuses engagement or execution of an agreement reached in the process of a re-prioritisation for the production of crisis-relevant products pursuant to Articles 47, where it deems it to be necessary and proportionate:

Or. en

Amendment 1372

András Gyürk, György Hölvényi

Proposal for a regulation

Article 55 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:	1. The Commission may, by way of implementing act, and by ensuring that national competent authorities are duly consulted prior to the adoption of the implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:

Or. en

Amendment 1373

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

Proposal for a regulation

Article 55 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products pursuant to Articles 47 or 49, where it deems it to be necessary and proportionate:	1. The Commission may, by way of implementing act, impose on the undertakings or associations, including their owners or representatives, being the addressees of information gathering measures referred to in Articles 46, and 48, or of any of the obligations to inform the Commission of a third-country obligation pursuant to Articles 47(16) and 50(8) or to prioritise the production of crisis-relevant products and defence products pursuant to Articles 47, 49 and 50, where it deems it to be necessary and proportionate:

Or. en

Amendment 1374

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;	(a) suspension of funding provided to the undertaking concerned under this regulation;

Or. en

Amendment 1375

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

Proposal for a regulation

Article 55 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;	(a) fines not exceeding 1% of the undertaking’s net annual worldwide turnover , where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;

Or. en

Amendment 1376

Jorge Buxadé Villalba

Proposal for a regulation

Article 55 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;	(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48;

Or. en

Amendment 1377

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 55 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;	(a) fines not exceeding EUR 100 000, where it, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 46 and 48, or does not supply the information within the prescribed time limit;

Or. en

Amendment 1378

Jorge Buxadé Villalba

Proposal for a regulation

Article 55 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);	(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8); or does not supply the information within the prescribed time limit according to the requirements established in Article 46 and or 48

Or. en

Amendment 1379

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);	(b) retrieval of funding provided to the undertaking concerned under this regulation;

Or. en

Amendment 1380

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

Proposal for a regulation

Article 55 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);	(b) fines not exceeding 0,5% of the undertaking’s net annual worldwide turnover, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);

Or. en

Amendment 1381

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 55 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) fines not exceeding EUR 150 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);	(b) fines not exceeding EUR 50 000, where it, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third-country obligation pursuant to Article 47(16) and 50(8);

Or. en

Amendment 1382

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) periodic penalty payments not exceeding 1,5 % of the average daily turnover in the preceding business year for each working day of non-compliance from the date established in the decision in which the priority-rated order was issued, where it, intentionally or through gross negligence, does not comply with an obligation to prioritise the production of crisis-relevant products pursuant to Article 47. Where the undertaking concerned is an SME, the periodic penalty payments imposed shall not exceed 0,5 % of its average daily turnover in the preceding business year;	(c) exclusion of the undertaking concerned from the participation in EU funded defence-related programs for a period of up to 5 years;

Or. en

Amendment 1383

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

Proposal for a regulation

Article 55 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) periodic penalty payments not exceeding 1,5 % of the average daily turnover in the preceding business year for each working day of non-compliance from the date established in the decision in which the priority-rated order was issued, where it, intentionally or through gross negligence, does not comply with an obligation to prioritise the production of crisis-relevant products pursuant to Article 47. Where the undertaking concerned is an SME, the periodic penalty payments imposed shall not exceed 0,5 % of its average daily turnover in the preceding business year;	(c) periodic penalty payments not exceeding 10 % of the average daily turnover in the preceding business year for each working day of non-compliance from the date established in the decision in which the priority-rated order was issued, where it, intentionally or through gross negligence, does not comply with an obligation to prioritise the production of crisis-relevant products pursuant to Article 47. Where the undertaking concerned is an SME, the periodic penalty payments imposed shall not exceed 5 % of its average daily turnover in the preceding business year;

Or. en

Amendment 1384

András Gyürk, György Hölvényi

Proposal for a regulation

Article 55 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.	(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49, provided that the imposition of such fines shall be subject to consultation with national competent authorities.

Or. en

Amendment 1385

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

Proposal for a regulation

Article 55 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.	(d) fines not exceeding 1% of the undertaking’s net annual worldwide turnover , where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.

Or. en

Amendment 1386

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 55 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.	(d) fines not exceeding EUR 100 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.

Or. en

Amendment 1387

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 55 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.	(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 47.

Or. en

Amendment 1388

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) fines not exceeding EUR 300 000, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of crisis-relevant products pursuant to Article 49.	(d) where relevant, suspension of funding provided to the undertaking concerned in EU defence-related programs in which the undertaking concerned is participating for a period of up to 5 years;

Or. en

Amendment 1389

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

Proposal for a regulation

Article 55 – paragraph 1 – point d a (new)

Text proposed by the Commission	Amendment
	(d a) fines not exceeding 1% of the undertaking’s net annual worldwide turnover, where it, intentionally or through gross negligence, does not comply with the obligation to prioritise the production of defence products pursuant to Article 50 paragraph 2.

Or. en

Amendment 1390

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

Proposal for a regulation

Article 55 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Fines referred to in paragraph 1 shall be calculated on the basis of net annual worldwide the undertaking in the financial year preceding that of the decision to impose the fine.

Or. en

Amendment 1391

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 2

Text proposed by the Commission	Amendment
2. Before taking a decision pursuant to paragraph 1 of this Article, the Commission shall provide an opportunity for the concerned undertakings and associations, including their owners or representatives, to be heard in accordance with Article 56. It shall take into account any duly reasoned justification presented by them for the purpose of determining whether fines or periodic penalty payments are deemed necessary and proportionate.	2. Before taking a decision pursuant to paragraph 1 of this Article, the Commission shall provide an opportunity for the concerned undertakings and associations, including their owners or representatives, to be heard in accordance with Article 56. It shall take into account any duly reasoned justification presented by them for the purpose of determining whether corrective measures are deemed necessary and proportionate.

Or. en

Amendment 1392

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 4

Text proposed by the Commission	Amendment
4. In fixing the amount of the fine or periodic penalty payment, the Commission shall take into consideration the nature, gravity and duration of the infringement, including in cases of non-compliance with the obligation to accept and prioritise a priority-rated order set out in Article 47, whether the undertakings or associations, including their owners or representatives referred to in paragraph (1), have partially complied with the priority-rated order.	4. In fixing the duration of the corrective measure payment, the Commission shall take into consideration the nature, gravity and duration of the infringement, including in cases of non-compliance.

Or. en

Amendment 1393

András Gyürk, György Hölvényi

Proposal for a regulation

Article 55 – paragraph 4

Text proposed by the Commission	Amendment
4. In fixing the amount of the fine or periodic penalty payment, the Commission shall take into consideration the nature, gravity and duration of the infringement, including in cases of non-compliance with the obligation to accept and prioritise a priority-rated order set out in Article 47, whether the undertakings or associations, including their owners or representatives referred to in paragraph (1), have partially complied with the priority-rated order.	4. In fixing the amount of the fine or periodic penalty payment, the Commission, following prior consultation with national competent authorities, shall take into consideration the nature, gravity and duration of the infringement, including in cases of non-compliance with the obligation to accept and prioritise a priority-rated order set out in Article 47, whether the undertakings or associations, including their owners or representatives referred to in paragraph (1), have partially complied with the priority-rated order.

Or. en

Amendment 1394

Jorge Buxadé Villalba

Proposal for a regulation

Article 55 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The Commission's decision may be appealed in accordance with the treaties and European Union law.

Or. en

Amendment 1395

Michael Gahler

Proposal for a regulation

Article 55 – paragraph 5

Text proposed by the Commission	Amendment
5. The fines shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation to the Programme and of the Ukraine Support Instrument.	deleted

Or. en

Amendment 1396

Georgiana Teodorescu

Proposal for a regulation

Article 55 – paragraph 5

Text proposed by the Commission	Amendment
5. The fines shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation to the Programme and of the Ukraine Support Instrument.	5. The fines shall constitute external assigned revenue within the meaning of Article 21(5) of the Financial Regulation and to the Programme.

Or. ro

Amendment 1397

Adam Bielan

on behalf of the ECR Group

Rihards Kols, Michał Dworczyk, Daniel Obajtek, Cristian Terheş

Proposal for a regulation

Article 56

Text proposed by the Commission	Amendment
Article 56	deleted
Right to be heard for the imposition of fines or periodic penalty payments
1. Before adopting a decision pursuant to Article 55, the Commission shall ensure that the concerned undertakings and associations, including their owners or representatives, have been given the opportunity to submit observations on:
(a) the preliminary findings of the Commission, including any matter to which the Commission has taken objections;
(b) the measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.
2. The concerned undertakings and associations, including their owners or representatives may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings, and which may not be less than 14 working days.
3. The Commission shall base its imposition of fines or periodic penalty payments only on objections on which the concerned undertakings and associations, including their owners or representatives, have been able to comment.
4. Where the Commission has informed the concerned undertakings and associations, including their owners or representatives, of its preliminary findings as referred to in paragraph (1), it shall give access, if so requested, to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets, or in order to preserve business secrets or other confidential information of any person. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

Or. en

Justification

Amendment 1398

Sarah Knafo

Proposal for a regulation

Article 56

Text proposed by the Commission	Amendment
Article 56	deleted
Right to be heard for the imposition of fines or periodic penalty payments
1. Before adopting a decision pursuant to Article 55, the Commission shall ensure that the concerned undertakings and associations, including their owners or representatives, have been given the opportunity to submit observations on:
(a) the preliminary findings of the Commission, including any matter to which the Commission has taken objections;
(b) the measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.
2. The concerned undertakings and associations, including their owners or representatives may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings, and which may not be less than 14 working days.
3. The Commission shall base its imposition of fines or periodic penalty payments only on objections on which the concerned undertakings and associations, including their owners or representatives, have been able to comment.
4. Where the Commission has informed the concerned undertakings and associations, including their owners or representatives, of its preliminary findings as referred to in paragraph (1), it shall give access, if so requested, to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of undertakings in the protection of their business secrets, or in order to preserve business secrets or other confidential information of any person. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

Or. en

Amendment 1399

Michael Gahler

Proposal for a regulation

Article 56 – title

Text proposed by the Commission	Amendment
Right to be heard for the imposition of fines or periodic penalty payments	Right to be heard for the imposition of corrective measures

Or. en

Amendment 1400

András Gyürk, György Hölvényi

Proposal for a regulation

Article 56 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph.	(b) the measures that the Commission may intend to take, following a consultation with the national competent authorities, in view of the preliminary findings pursuant to point (a) of this paragraph.

Or. en

Amendment 1401

Michael Gahler

Proposal for a regulation

Article 56 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission shall base its imposition of fines or periodic penalty payments only on objections on which the concerned undertakings and associations, including their owners or representatives, have been able to comment.	3. The Commission shall base its imposition of corrective measures only on objections on which the concerned undertakings and associations, including their owners or representatives, have been able to comment.

Or. en

Amendment 1402

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article -57 (new)

Text proposed by the Commission	Amendment
	Article -57
	Parliamentary scrutiny
	1. The Commission shall maintain a high level of information and involvement of the European Parliament, and where relevant, of national Parliaments, to enable the necessary democratic scrutiny and accountability to Union citizens on the implementation of all the provisions laid down in this Regulation, in particular with a view to protect adherence to European ethical standards and due respect of fundamental rights.
	2. In the context of the provisions laid down in the Chapter IV, The Commission shall ensure a level of information and an involvement of the European Parliament similar to the level of involvement of Member States' representatives via the Defence Industrial Readiness Board, relying on secured communication exchange systems and ensuring the appropriate protection of sensitive and classified information in line with the provisions of Articles 60 and 61. In particular, the European Parliament shall be consulted at each stage of the supply crisis state.
	3. In the context of the provisions laid down in the Chapter II, the Commission shall consult the European Parliament on the Work Programme and shall ensure annual reporting of the activities implemented in this framework. Where appropriate, in particular for SEAP and EDPCI, the Commission and relevant Member States shall consult and inform relevant national Parliaments on the corresponding development and implementation.

Or. en

Amendment 1403

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

Proposal for a regulation

Article 57

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

Or. en

Amendment 1404

Sarah Knafo

Proposal for a regulation

Article 57

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

Or. en

Amendment 1405

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 57 – title

Text proposed by the Commission	Amendment
Defence Industrial Readiness Board	Defence Security of Supply Board

Or. en

Justification

This modification needs to be reflected throughout the whole text to ensure coherence.

Amendment 1406

Roberto Vannacci, Paolo Borchia

Proposal for a regulation

Article 57 – title

Text proposed by the Commission	Amendment
Defence Industrial Readiness Board	Defence Security of Supply Board
	(this amendment shall apply throughout the entire text)

Or. en

Amendment 1407

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 57 – paragraph 1

Text proposed by the Commission	Amendment
1. The Defence Industrial Readiness Board is hereby established.	1. The Defence Industrial Readiness Board is hereby established within the European Defence Agency.

Or. fr

Amendment 1408

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 57 – paragraph 1

Text proposed by the Commission	Amendment
1. The Defence Industrial Readiness Board is hereby established.	1. The Defence Security and Supply Board is hereby established.

Or. en

Amendment 1409

Roberto Vannacci, Paolo Borchia

Proposal for a regulation

Article 57 – paragraph 1

Text proposed by the Commission	Amendment
1. The Defence Industrial Readiness Board is hereby established.	1. The Defence Security of Supply Board is hereby established;

Or. en

Amendment 1410

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 2

Text proposed by the Commission	Amendment
2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].	2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply] and ensure coherence between EU instruments and actions and Member States’ actions, in the area of defence, in particular within PESCO, in order to achieve defence readiness of the Union.

Or. en

Amendment 1411

Roberto Vannacci, Paolo Borchia

Proposal for a regulation

Article 57 – paragraph 2

Text proposed by the Commission	Amendment
2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].	2. The general task of the Board is to assist and provide recommendations to the Commission pursuant to this Regulation.

Or. en

Amendment 1412

Elena Donazzan, Alberico Gambino

Proposal for a regulation

Article 57 – paragraph 2

Text proposed by the Commission	Amendment
2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].	2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation.

Or. en

Amendment 1413

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

Proposal for a regulation

Article 57 – paragraph 2

Text proposed by the Commission	Amendment
2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].	2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapters IIb EDPCIs and IV [Security of Supply].

Or. en

Amendment 1414

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 2

Text proposed by the Commission	Amendment
2. The general task of the Board is to assist and provide advice and recommendations to the Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].	2. The general task of the Board is to assist and provide advice and recommendations to the Council and Commission pursuant to this Regulation, in particular pursuant to its Chapter IV [Security of Supply].

Or. en

Amendment 1415

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 57 – paragraph 3

Text proposed by the Commission	Amendment
3. To assist the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.	deleted

Or. en

Amendment 1416

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 3

Text proposed by the Commission	Amendment
3. To assist the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.	3. To assist the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the White Paper, the Defence Investment Gaps Analysis, the Capability Development Plan and projects launched within PESCO.

Or. en

Amendment 1417

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

Proposal for a regulation

Article 57 – paragraph 3

Text proposed by the Commission	Amendment
3. To assist the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.	3. To assist the Commission in the implementation of the measures referred to in Chapter II, II and IIb, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.

Or. en

Amendment 1418

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 3

Text proposed by the Commission	Amendment
3. To assist the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, taking into account the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.	3. To assist the Council and the Commission in the implementation of the measures referred to in Chapter II, the Defence Industrial Readiness Board shall assist the latter in the identification of funding priority areas, following the defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP), in particular in the context of the Capability Development Plan.

Or. en

Amendment 1419

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall maintain a regular flow of information to the Defence Industrial Readiness Board on any planned measures or measures that have been taken related to the activation of the supply crisis or security-related supply crisis state. The Commission shall provide the necessary information through a secured IT system.	deleted

Or. en

Amendment 1420

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall maintain a regular flow of information to the Defence Industrial Readiness Board on any planned measures or measures that have been taken related to the activation of the supply crisis or security-related supply crisis state. The Commission shall provide the necessary information through a secured IT system.	4. The Commission working in liaison with the European Defence Agency shall maintain a regular flow of information to the Defence Industrial Readiness Board on any planned measures or measures that have been taken related to the activation of the supply crisis state. The Commission shall provide the necessary information through a secured IT system.

Or. en

Amendment 1421

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

Proposal for a regulation

Article 57 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The Defence Industrial Readiness Board shall regularly assess the overall ability of the EDTIB to respond to the expected evolution of the market demand. In doing so, it shall take into account the work carried out in the context of the regular meetings of the National Armaments Directors with the Defence Joint Procurement Task Force.

Or. en

Amendment 1422

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 5

Text proposed by the Commission	Amendment
5. For the purposes of the supply-crisis state as referred to in Article 44, the Defence Industrial Readiness Board shall assist the Commission in the following tasks:	deleted
(a) analysing crisis-relevant information gathered by Member States or the Commission;
(b) assessing whether the criteria for activation or deactivation of the supply-crisis state have been fulfilled;
(c) providing guidance on the implementation of the measures chosen to respond to supply crisis at Union level;
(d) performing a review of national crisis measures;
(e) facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.

Or. en

Amendment 1423

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 5 – introductory part

Text proposed by the Commission	Amendment
5. For the purposes of the supply-crisis state as referred to in Article 44, the Defence Industrial Readiness Board shall assist the Commission in the following tasks:	5. For the purposes of the supply-crisis state as referred to in Article 44, the Defence Industrial Readiness Board shall assist and provide guidance to the Commission in the following tasks:

Or. en

Amendment 1424

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 5 – point c

Text proposed by the Commission	Amendment
(c) providing guidance on the implementation of the measures chosen to respond to supply crisis at Union level;	(c) on the implementation of the measures chosen to respond to supply crisis at Union level;

Or. en

Amendment 1425

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 5 – point e a (new)

Text proposed by the Commission	Amendment
	(e a) evaluation of the findings of the Commission and the European Defence Agency in the context of measures under Article 52.

Or. en

Amendment 1426

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 6

Text proposed by the Commission	Amendment
6. For the purposes of the security-related supply-crisis state as referred to in Article 48, the Defence Industrial Readiness Board shall:	deleted
(a) facilitate coordinated action by the Commission and the Member States;
(b) adopt opinions and guidance, including specific response measures, for the Member States for ensuring the timely availability and supply of crisis-relevant products;
(c) assist and provide guidance on the activation of measures as referred to in Articles 49 to 54;
(d) provide a forum for the coordination of actions of the Council, the Commission, and other relevant Union bodies.

Or. en

Amendment 1427

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

Proposal for a regulation

Article 57 – paragraph 6 – point b

Text proposed by the Commission	Amendment
(b) adopt opinions and guidance, including specific response measures, for the Member States for ensuring the timely availability and supply of crisis-relevant products;	(b) adopt opinions and guidance, including specific response measures, for the Member States for ensuring the timely availability and supply of defence and crisis-relevant products;

Or. en

Amendment 1428

Merja Kyllönen

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The Commission shall ensure the secretariat of the Defence Industrial Readiness Board, which shall maintain a regular dialogue with representatives of the defence industry in line with geographical balance.

Or. fi

Amendment 1429

Michał Dworczyk, Adam Bielan

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Defence Industrial Readiness Board should include representatives of the relevant NATO bodies as observers with an advisory role. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.

Or. en

Amendment 1430

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, the chair of the European Union Military Committee, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission and the European Defence Agency.

Or. en

Amendment 1431

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

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries, , as well as representatives from the Parliament and from Ukraine as observers. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.

Or. en

Amendment 1432

Jorge Buxadé Villalba

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. At least one of them shall be military personnel. The Board shall be chaired by the presidency of the Council of the EU for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.

Or. en

Amendment 1433

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission as observers, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by a representative of the Member State holding the Presidency of the Council for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.

Or. en

Amendment 1434

Marion Maréchal, Stephen Nikola Bartulica, Emmanouil Fragkos

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Head of the European Defence Agency for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the European Defence Agency.

Or. fr

Amendment 1435

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

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Security and Supply Board shall be composed of the representatives of the Member States and associated countries, the Commission, the High-Representative, and of the European Defence Agency. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Security and Supply Board shall be ensured by the Commission. Only Member States shall have voting rights.

Or. en

Amendment 1436

András Gyürk, György Hölvényi

Proposal for a regulation

Article 57 – paragraph 7

Text proposed by the Commission	Amendment
7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, the High-Representative and Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.	7. The Defence Industrial Readiness Board shall be composed of the representatives of the Commission, Head of the European Defence Agency, Member States and associated countries. Each Member State or associated country shall nominate one representative and one alternate representative. The High-Representative shall attend as an observer. The Board shall be chaired by the Commission for the purposes of the tasks laid down in this Regulation. The secretariat of the Defence Industrial Readiness Board shall be ensured by the Commission.

Or. en

Amendment 1437

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 8

Text proposed by the Commission	Amendment
8. The Defence Industrial Readiness Board shall meet whenever the situation requires, upon request from the Commission or a Member State or an associated country. It shall adopt its rules of procedure on the basis of a proposal submitted by the Commission.	8. The Defence Industrial Readiness Board shall meet regularly, at least every three months, and whenever the situation requires, upon request from the Commission or a Member State or an associated country. It shall adopt its rules of procedure on the basis of a joint proposal submitted by the Commission and the European Defence Agency.

Or. en

Amendment 1438

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 8

Text proposed by the Commission	Amendment
8. The Defence Industrial Readiness Board shall meet whenever the situation requires, upon request from the Commission or a Member State or an associated country. It shall adopt its rules of procedure on the basis of a proposal submitted by the Commission.	8. The Defence Industrial Readiness Board shall meet whenever the situation requires, upon request from a Member State or an associated country. It shall adopt its rules of procedure on the basis of a proposal submitted by the Council.

Or. en

Amendment 1439

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 9

Text proposed by the Commission	Amendment
9. The Defence Industrial Readiness Board may issue opinions, upon the request of the Commission or on its own initiative. The Defence Industrial Readiness Board shall endeavour to find solutions which command the widest possible support.	9. The Defence Industrial Readiness Board may issue opinions, upon the request of the Council or on its own initiative. The Defence Industrial Readiness Board shall endeavour to find solutions which command the widest possible support.

Or. en

Amendment 1440

Marc Botenga

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall refrain from establishing direct or structural links with the armaments industry, insofar as this may lead to conflicts of interest.

Or. en

Amendment 1441

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

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, ensuring sufficient involvement of representatives of regional ecosystems and the European Network of Defence Regions (ENDR) and taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.

Or. en

Amendment 1442

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall invite, at least once a year, national armaments directors, relevant representatives of NATO, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44has been activated, the Defence Industrial Readiness Board shall invite national armaments directors and high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.

Or. en

Amendment 1443

Merja Kyllönen

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall regularly invite, but at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.

Or. fi

Amendment 1444

Pierre-Romain Thionnet

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced representation of the defence industry. Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.

Or. en

Amendment 1445

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

Proposal for a regulation

Article 57 – paragraph 10

Text proposed by the Commission	Amendment
10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security supply crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.	10. The Defence Industrial Readiness Board shall invite, at least once a year, representatives from National Defence Industrial Associations and selected industrial representatives, taking into account the necessity to ensure a balanced geographical representation (structured dialogue with defence industry). Where the supply crisis state referred to in Article 44 or the security crisis state referred to in Article 48 has been activated, the Defence Industrial Readiness Board shall invite high-level industrial representatives to meet in special configuration in order to discuss issues linked to crisis-relevant products.

Or. en

Amendment 1446

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

Proposal for a regulation

Article 57 – paragraph 10 a (new)

Text proposed by the Commission	Amendment
	10 a. The Defence Industrial Readiness Board shall invite, at least once a year, a special configuration of representatives of the Committee of the Regions, in order to address issues relating to industrial preparedness and supply chain security, priority areas for funding and any other matters of interest, taking into account their role as intermediaries with links to the industrial sector in their area of competence.

Or. en

Amendment 1447

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 11

Text proposed by the Commission	Amendment
11. The Defence Industrial Readiness Board shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board.	11. The Defence Industrial Readiness Board shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board. The European Parliament shall be informed. It may nominate one of its Members as an observer ad personam to the meetings of the Board. It may also nominate one alternate Member. Where the Member or the alternate Member attend the meetings of the Board, they shall be accompanied by one staff member of the Secretariat-General of the European Parliament.

Or. en

Amendment 1448

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 57 – paragraph 11

Text proposed by the Commission	Amendment
11. The Defence Industrial Readiness Board shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board.	11. The Defence Industrial Readiness Board shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, and representatives of the European Parliament to attend all meetings as observers.

Or. en

Amendment 1449

Marc Botenga

Proposal for a regulation

Article 57 – paragraph 12

Text proposed by the Commission	Amendment
12. The Defence Industrial Readiness Board shall invite, where relevant and notably with a view to actions reinforcing the Ukrainian DTIB, in line with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, a representative from Ukraine to attend meetings as an observer.	deleted

Or. en

Amendment 1450

Georgiana Teodorescu

Proposal for a regulation

Article 57 – paragraph 12

Text proposed by the Commission	Amendment
12. The Defence Industrial Readiness Board shall invite, where relevant and notably with a view to actions reinforcing the Ukrainian DTIB, in line with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, a representative from Ukraine to attend meetings as an observer.	12. The Defence Industrial Readiness Board shall invite, where relevant, in line with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, a representative from Ukraine to attend meetings as an observer.

Or. ro

Amendment 1451

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 13

Text proposed by the Commission	Amendment
13. The Commission shall ensure transparency and provide members of the Board with equal access to information, in order to ensure that the decision-making process reflects the situation and the needs of all Member States.	13. The presidency of the Defence Industrial Readiness Board shall ensure transparency and provide members of the Board with equal access to information, in order to ensure that the decision-making process reflects the situation and the needs of all Member States.

Or. en

Amendment 1452

Marc Botenga

Proposal for a regulation

Article 57 – paragraph 14

Text proposed by the Commission	Amendment
14. The Commission may, on its own initiative or on the proposal of the Defence Industrial Readiness Board, set up working groups on an ad hoc basis to support the Defence Industrial Readiness Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups.	14. The Commission may, on its own initiative or on the proposal of the Defence Industrial Readiness Board, set up working groups on an ad hoc basis to support the Defence Industrial Readiness Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups. 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 1453

Pierre-Romain Thionnet, Sebastiaan Stöteler

Proposal for a regulation

Article 57 – paragraph 14

Text proposed by the Commission	Amendment
14. The Commission may, on its own initiative or on the proposal of the Defence Industrial Readiness Board, set up working groups on an ad hoc basis to support the Defence Industrial Readiness Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups.	14. The Defence Industrial Readiness Board, may set up working groups on an ad hoc basis to be supported in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups.

Or. en

Amendment 1454

Michael Gahler

Proposal for a regulation

Article 57 – paragraph 14

Text proposed by the Commission	Amendment
14. The Commission may, on its own initiative or on the proposal of the Defence Industrial Readiness Board, set up working groups on an ad hoc basis to support the Defence Industrial Readiness Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups.	14. The Commission working in liaison with the European Defence Agency may, on joint initiative or on the proposal of the Defence Industrial Readiness Board, set up working groups on an ad hoc basis to support the Defence Industrial Readiness Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for the working groups.

Or. en

Amendment 1455

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 57 – paragraph 15

Text proposed by the Commission	Amendment
15. The Commission shall set up a working group on legal, regulatory and administrative hurdles. The objectives of this working group are:	deleted
(a) to identify existing or potential legal, regulatory and administrative obstacles at international, EU and national levels to the achievement of the objectives listed in Article 4;
(b) to identify potential solutions and/or mitigation measures to identified obstacles.

Or. en

Amendment 1456

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

Proposal for a regulation

Article 58 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.	1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011, and will include as well five representatives from the European Parliament.

Or. en

Amendment 1457

Michael Gahler

Proposal for a regulation

Article 58 – paragraph 2

Text proposed by the Commission	Amendment
2. The EDA shall be invited to provide its views and expertise to the committee as an observer. The EEAS shall also be invited to assist in the work of the committee.	2. The EDA shall be invited to provide its views and expertise to the committee as an observer. The EEAS, and where relevant, Ukraine shall also be invited to assist in the work of the committee.

Or. en

Amendment 1458

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 58 – paragraph 2

Text proposed by the Commission	Amendment
2. The EDA shall be invited to provide its views and expertise to the committee as an observer. The EEAS shall also be invited to assist in the work of the committee.	2. The EDA shall be invited to provide its views and expertise to the committee as an observer. The EEAS and the European Parliament shall also be invited to assist in the work of the committee.

Or. en

Amendment 1459

Tobias Cremer

Proposal for a regulation

Article 58 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. At their request, the Council and the European Parliament can send observers to the committee.

Or. en

Amendment 1460

Roberto Vannacci

Proposal for a regulation

Article 59

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

Or. en

Amendment 1461

Roberto Vannacci

Proposal for a regulation

Article 59 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the actions set out in this Regulation which concern Ukraine or legal entities established in Ukraine receiving Union funds.	deleted

Or. en

Amendment 1462

András Gyürk, György Hölvényi

Proposal for a regulation

Article 59 – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall conclude a framework agreement with Ukraine for the implementation of the actions set out in this Regulation which concern Ukraine or legal entities established in Ukraine receiving Union funds.	1. The Commission shall, following sufficient consultation with Member States, conclude a framework agreement with Ukraine for the implementation of the actions set out in this Regulation which concern Ukraine or legal entities established in Ukraine receiving Union funds.

Or. en

Amendment 1463

Roberto Vannacci

Proposal for a regulation

Article 59 – paragraph 2

Text proposed by the Commission	Amendment
2. The framework agreement concluded with Ukraine, taken as a whole, and contracts and agreements signed with legal entities established in Ukraine receiving Union funds, shall ensure that the obligations set out in Article 129 of the Financial Regulation can be fulfilled.	deleted

Or. en

Amendment 1464

Roberto Vannacci

Proposal for a regulation

Article 59 – paragraph 4

Text proposed by the Commission	Amendment
4. Funding shall only be granted to Ukraine after the framework agreement has entered into force and that the actions needed to implement the requirements it establishes have been implemented by the parties.	deleted

Or. en

Amendment 1465

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

Proposal for a regulation

Article 59 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The framework agreement shall be concluded without undue delay, and in any case no later than 6 months after the entry into force of this Regulation.

Or. en

Amendment 1466

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 59 a (new)

Text proposed by the Commission	Amendment
	Article 59a
	Exercise of the delegation
	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2. The power to adopt delegated acts referred to in Article 18 shall be conferred on the Commission for a period of eight years from [one month after the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the eight year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
	3. The delegation of power referred to in Article 18 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
	5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	6. A delegated act adopted pursuant to Article 18 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 1467

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 60 – paragraph 5

Text proposed by the Commission	Amendment
5. The Commission shall make available approved and accredited existing systems to facilitate the exchange of classified information between the Commission, the High-Representative / Head of Agency, the Member States and associated countries and, where appropriate, with the applicants and the recipients.	5. The Commission shall make available approved and accredited existing systems to facilitate the exchange of classified information between the Commission, the High-Representative / Head of Agency, the Member States and associated countries, the European Parliament and, where appropriate, with the applicants and the recipients.

Or. en

Amendment 1468

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 61 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States, the Commission and the High-Representative / Head of Agency shall ensure the protection of trade and business secrets and other sensitive and classified information acquired and generated in application of this Regulation in accordance with Union law and the respective national law.	2. Member States, the European Parliament, the Commission and the High-Representative / Head of Agency shall ensure the protection of trade and business secrets and other sensitive and classified information acquired and generated in application of this Regulation in accordance with Union law and the respective national law.

Or. en

Amendment 1469

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 61 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States,the Commission and the High-Representative / Head of Agency shall ensure that classified information provided or exchanged under this Regulation is not downgraded or declassified without the prior written consent of the originator.	3. Member States, the European Parliament, the Commission and the High-Representative / Head of Agency shall ensure that classified information provided or exchanged under this Regulation is not downgraded or declassified without the prior written consent of the originator.

Or. en

Amendment 1470

Tobias Cremer

Proposal for a regulation

Article 64 a (new)

Text proposed by the Commission	Amendment
	Article 64a
	Transparency
	After having selected projects to receive funding in line with Article 5 (1), point (a) and (b), the Commission should inform the Council and the European Parliament about the decision-making basis and reasons for the selection of the funded projects.

Or. en

Amendment 1471

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

Proposal for a regulation

Article 65 – paragraph 4

Text proposed by the Commission	Amendment
4. Financial resources allocated to the Programme may contribute to the organisation of dissemination activities, match-making events and awareness-raising activities, in particular aiming at opening up supply chains to foster the cross-border participation of SMEs.	4. Financial resources allocated to the Programme may contribute to the organisation of dissemination activities, match-making events and awareness-raising activities, in particular aiming at opening up supply chains to foster the cross-border participation of SMEs. This is particularly relevant for the FAST programme, under which regions will have a critical role to play in reaching out to SMEs in their regional ecosystems.

Or. en

Amendment 1472

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 65 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The Commission shall monitor continuously the management and implementation of the Programme. In order to enhance transparency, data shall also be made publicly available in an accessible manner on the Commission's website according to the latest update, in particular with information concerning the geographical diversity and category of recipients.

Or. en

Amendment 1473

Hannah Neumann, Virginijus Sinkevičius

on behalf of the Greens/EFA Group

Proposal for a regulation

Article 65 a (new)

Text proposed by the Commission	Amendment
	Article 65a
	Monitoring Progress
	1. By [18 months after the entry into force of this Regulation], the Commission shall submit a report, including indicative benchmarks per key defence product, with a view to meeting the benchmarks set in Article 2a for 2035. The report shall also include an indicative status and projections of the quality and quantity of stocks in the defence industrial readiness pool.
	By [24 months after the entry into force of this Regulation] and at least every three years thereafter, the Commission shall monitor progress towards the benchmarks set in Article 2a, and publish a report detailing qualitative and quantitative information on the extent of the Union’s progress towards meeting those benchmarks.
	2.Where, on the basis of the report referred to in paragraph 1, the Commission concludes that the Union is likely not to achieve the aims of Article 2a, it shall assess the feasibility and proportionality of proposing measures in order to ensure the achievement of those aims.
	3. The Commission shall request the European Standardisation organisations to develop European standards or European standardisation deliverables to support the objectives of this Regulation.

Or. en

Amendment 1474

Michael Gahler

Proposal for a regulation

Article 66 – paragraph 1

Text proposed by the Commission	Amendment
1. By 30 June 2027, the Commission shall draw up a report evaluating the implementation of the measures set out in this Regulation and their results, as well as the opportunity to extend their applicability and provide for their funding, particularly with regard to the evolution of the security context and any persistent risks in relation to the supply of defence products. The evaluation report shall build on consultations of the Member States and key stakeholders.	1. Every three years and for the first time by 30 June 2027, the Commission shall perform a review of this Regulation and submit a report on the implementation and the application of this Regulation; especially evaluating the implementation of the measures set out in this Regulation, especially on the implementation of Chapter IV on Security of supply, and their results, as well as the opportunity to extend their applicability and provide for their funding, particularly with regard to the evolution of the security context and any persistent risks in relation to the supply of defence products. The evaluation report shall build on consultations of the Member States, the European Defence Agency, where relevant, the European Union Military Committee and key stakeholders.

Or. en

Amendment 1475

Christian Ehler, Angelika Niebler, Oliver Schenk

Proposal for a regulation

Article 66 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. Upon expiry and scheduled review of the programme and the Ukraine Support Instrument on 31 December 2027, the Commission shall review the provisions applicable to these frameworks, as well as Articles 40-42 with a view to establishing a European Defence Union. The Commission shall present a new legislative proposal in this regard before the expiry of the programme and the Ukraine Support Instrument, to prolong and adapt the measures to the Union's long-term objectives.

Or. en

Amendment 1476

Michael Gahler

Proposal for a regulation

Article 66 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall present the report to the European Parliament and the Council, accompanied, where appropriate, by relevant legislative proposals.	2. The Commission shall present the report and the review to the European Parliament and the Council, accompanied, where appropriate, by relevant legislative proposals.

Or. en

Amendment 1477

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

Proposal for a regulation

Article 66 a (new)

Text proposed by the Commission	Amendment
	Article66a
	Annual Report on National defence contributions
	In order to ensure that national defence efforts and financial contributions align with the Union’s collective defence objectives, Member States shall submit an annual report to the Commission detailing how the use of the SAFE instrument and the increased defense expenditure activated under the NEC contribute to the European defense objectives. The report shall include an analysis of how these national resources are advancing the Union’s strategic goals for defence readiness, autonomy, and technological integration. The Commission shall review these reports to assess the effectiveness of national contributions in strengthening the coordination of defence efforts at the European level and shall present an evaluation to the European Parliament, with recommendations on enhancing the coherence and impact of national efforts in support of the EU’s defence objectives.

Or. en