Sittings · Document

Draft report (COM(2025)0823 – 2025/0177(COD)) 2025-10-23

Amending Directives 2009/43/EC and 2009/81/EC, as regards the simplification of intra-EU transfers of defence-related products and the simplification of security and defence procurement

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

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Amendment 1

Luke Ming Flanagan

Proposal for a directive

–

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

Or. en

Justification

The EU cannot continue to pursue the militarisation of the internal market and bank roll the weapons industry without significantly undermining its goals and legitimacy related to conflict prevention. The proposed text does not allow a healthy balance between effectiveness and responsibility. Reducing administrative burdens, increasing the threshold values, and extending the use of the negotiated procedure without prior publication are developments aimed at decreasing transparency, competition and public accountability. There is a need for complete transparency and democratic control in all that concerns the arms trade, and a growing challenge of maintaining and improving current levels of public reporting. Prioritising militarisation and business interests over societal needs, such as; investment in public services and climate mitigation efforts will jeopardise democratic governance and affect the public good.

Amendment 2

Engin Eroglu

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to Russia’s war of aggression against Ukraine. Member States of the European Union have already found themselves the target of hybrid influence and destabilisation strategies employed by Russia. These include disinformation campaigns, cyberattacks, political interference and economic pressure, as well as intelligence activities. What is more, Russia has repeatedly violated EU/NATO airspace, which constitutes a direct attack on the sovereignty and security of the EU and its Member States. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union and accelerate the integration of the European defence industry with the aim of achieving a genuine European internal market for defence-related products and services, enabling the Union to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest. This encompasses not only conventional weapons systems, but also defence readiness in the cyber and information sphere, the protection of critical infrastructures, defence against hybrid attacks, for example those taking the form of disinformation campaigns or electoral manipulation, the strengthening of resilience across all sections of society and greater integration of AI solutions.
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1 JOIN(2025) 120 final, 19 March 2025.1 JOIN(2025) 120 final, 19 March 2025.

Or. de

Amendment 3

Merja Kyllönen

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.(1) The Union is facing an acute and growing military threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to Russia’s illegal acts of aggression in Ukraine, which may, at worst, lead to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities, and in its military support for Ukraine. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. Our defence capability needs to primarily be strengthened based on the level of the threat, where the military threat is greatest, i.e. in the countries on the Union’s eastern border. There is urgency to ramp up European defence readiness to ensure that the Union and its Member States have a strong and sufficient European defence posture by 2030 at the latest.
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1 JOIN(2025) 120 final, 19 March 2025.1 JOIN(2025) 120 final, 19 March 2025.

Or. fi

Amendment 4

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301 , linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301 , linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities and remains steadfast in its support of Ukraine in face of Russia's unjustifiable and unprovoked aggression. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Member States and the Union have a strong and sufficient European defence posture in a close cooperation with NATO by 2030 at the latest.
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1 JOIN(2025) 120 final, 19 March 2025.1 JOIN(2025) 120 final, 19 March 2025.

Or. en

Amendment 5

Lucia Yar, Nathalie Loiseau, Engin Eroglu, Bart Groothuis, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301 , linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301 , linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges and to strengthen its strategic autonomy, it is imperative that the Union takes decisive action to bolster its defence capabilities and improve its security of supply. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.
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1 JOIN(2025) 120 final, 19 March 2025.1 JOIN(2025) 120 final, 19 March 2025.

Or. en

Amendment 6

Angelika Niebler

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301 , linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest.(1) The Union is facing an acute and growing threat, as underscored in the White Paper on European Defence Readiness 20301, linked in particular to the return of full-scale conflict in Europe. In response to the escalating security challenges, it is imperative that the Union takes decisive action to bolster its defence capabilities. A crucial aspect of this effort is the need to ramp up the Union’s defence production capacity in the Union, enabling it to respond effectively to emerging security demands. There is urgency to ramp up European defence readiness to ensure that the Union has a strong and sufficient European defence posture by 2030 at the latest. Against this backdrop, we also need a defence check to verify whether European requirements and plans conflict with our European security interests.
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1 JOIN(2025) 120 final, 19 March 2025.1 JOIN(2025) 120 final, 19 March 2025.

Or. en

Amendment 7

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.(2) To achieve the goals of increasing the defence readiness of the Member States and the Union, improving the functioning of the internal market, the Union’s strategic autonomy and resilience, regulatory simplification and harmonisation, fostering a European preference whenever possible, transparency, accountability, due diligence and oversight, fair and decent working conditions, as well as preventing and tackling abuse, fraud, criminal infiltration, corruption and labour exploitation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate in line with the Union values, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 2030 outlined the objectives for this simplification of legislation impacting the defence readiness.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.

Or. en

Amendment 8

Angelika Niebler

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. The aim is to establish a single market for defence equipment based on the guiding principle that military equipment certified in one EU country is automatically recognised in other member states. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.

Or. en

Amendment 9

Engin Eroglu

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302outlined the objectives for this simplification of legislation impacting the defence readiness.(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential, especially in relation to certification and export control. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness. At the same time, by the end of 2026 the Union must lay down a unified framework for standardisation based on the NATO standard in order to avoid duplication, promote interoperability and reduce the total number of weapons systems that are available and in use in the EU.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025

Or. de

Amendment 10

Lucia Yar, Nathalie Loiseau, Engin Eroglu, Bart Groothuis, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries, including small and medium-sized enterprises and mid-caps, to operate, innovate, scale and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.

Or. en

Amendment 11

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness.(2) To achieve the goal of increasing the defence readiness of the Member States and the Union, regulatory simplification and harmonisation are essential. By streamlining and aligning regulatory frameworks, the Union can create a more conducive environment for defence industries to operate, innovate, and produce the necessary capabilities to ensure European security and defence readiness. The Joint White Paper on European Defence Readiness 20302 outlined the objectives for this simplification of legislation impacting the defence readiness. Reference should also be made to the targets set out in the European Defence Industrial Strategy (EDIS), which aim to make EU-level cooperation the norm in the European defence industrial sector, notably through concrete objectives of at least 40 % of common procurement by 2030, at least 35 % of intra-EU trade by 2030, and at least 50 % of procurement of EU-made defence products by 2030 and 60 % by 2035.
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2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.2 Joint White Paper for European Defence Readiness 2030: JOIN/2025/120 final, 19.03.2025.

Or. en

Amendment 12

Angelika Niebler

Proposal for a directive

Recital 2 a (new)

Text proposed by the CommissionAmendment
(2 a) The European Union has also set itself the goal of sourcing at least half of its defence equipment from European production by 2030. This requires not only greater networking and joint coordination of defence equipment, but also the consistent promotion of interoperability between armed forces through European standards. This will create synergy effects and save costs for European taxpayers.

Or. en

Amendment 13

Angelika Niebler

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. The security situation requires us to consistently establish European-regulated approval and certification procedures for new production facilities and export licenses for military equipment. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 14

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States shall exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of regional EDTIB cluster or structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers taking place while a supply crisis state is activated pursuant to Article 44 or 48 of the EDIP Regulation and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union.
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 15

Engin Eroglu

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3. Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3. Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union and the establishment of a European internal market for defence-related products and services, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union, transfers in the area of common training, testing and trialling schemes between Member States, transfers to support security of supply and the maintenance of production chains in the EDTIB, transfers in connection with measures to strengthen cyber security, reconnaissance and early warning within the Union and transfers to certified companies or research facilities involved in innovation- and security-related projects in the defence sector.
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 416, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. de

Amendment 16

Lucia Yar, Nathalie Loiseau, Engin Eroglu, Bart Groothuis, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation, so as to facilitate timely availability of capabilities and predictable conditions for industry, including SMEs and mid-caps, across the internal market. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union.
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 17

Kamila Gasiuk-Pihowicz

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of European Defence Projects of Common Interest, projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 18

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of a crisis, including in the case of the triggering of Article 42(7) TEU, and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .
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3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 19

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union institutions and bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .(3) Transfers of defence-related products within the Union are subject to prior authorisation through general, global or individual transfer licences granted or published by the Member State from whose territory the supplier wishes to transfer defence-related products. Member States may exempt transfers of defence-related products from the obligation of prior authorisation in specific cases listed in Directive 2009/43/EC of the European Parliament and of the Council3 . Taking into account the developments in the security situation and the introduction of Union defence industrial programmes, aimed in particular at reinforcing cross-border cooperation within the Union, it is appropriate to extend the list of cases in which Member States may exempt transfers from prior authorisation. In particular, such possibility should be provided in relation to transfers necessary for the implementation of projects funded by Union defence industrial programmes, transfers in the framework of structured cross-border industrial partnerships, transfers to Union bodies and to the European Defence Agency, transfers in case of an emergency resulting from a crisis and transfers linked to military and defence assistance resulting from Union actions under Article 28 of the Treaty on the European Union. .
__________________________________
3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).3 Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).

Or. en

Amendment 20

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.deleted

Or. en

Amendment 21

Stefano Cavedagna

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.deleted

Or. en

Amendment 22

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way, respecting the national competences of the Member States as regards defence. To that end, a harmonized approach could be defined for the implementation of Article 4(5) and Article 4(8), such as by defining harmonised conditions for the Member States to determine which type of transfer licence should be applied to specific defence-related products or categories of defence-related products, defining ‘sensitive’ components or by introducing a de minimis rule. In order to ensure uniform conditions for the implementation of paragraphs 5 and 8 of Article 4 of Directive 2009/43/EC, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council*.
* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

Or. en

Amendment 23

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts should define a harmonised approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.

Or. en

Amendment 24

Klara Dostalova

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt implementing acts in accordance with Article 291 (2) of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such implementing acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.

Or. en

Amendment 25

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, upon request of a Member State, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.

Or. en

Amendment 26

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States, accompanied by a robust framework for restrictive export controls towards third countries, is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts should define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission to add new cases where Member States would have to introduce exemptions from the obligation of prior authorisation, thereby allowing for simplified and accelerated intra-Union transfers of defence-related products.

Or. en

Amendment 27

Kamila Gasiuk-Pihowicz

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.(4) A well-functioning transfer system across Member States is a prerequisite of a Union-wide market for defence, fostering cross-border cooperation between economic entities operating in the field of security and defence, enhancing knowledge transfer across entities from all over the Union, encouraging innovation and deepening the Single Market. The quickly evolving security landscape requires additional flexibility allowing the Commission and Member States to react in a targeted and agile way. Therefore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to define certain non-essential elements of the transfer framework. Such delegated acts could define a harmonized approach for the implementation of Article 4(8), such as by defining ‘sensitive’ components or by introducing a de minimis rule. Furthermore, it is appropriate to empower the Commission, either upon request of a Member State or on its own initiative, to add new cases where Member States would be enabled to introduce exemptions from the obligation of prior authorisation, thereby allowing for increased flexibility and potential for simplified and accelerated intra-Union transfers of defence-related products.

Or. en

Amendment 28

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 4 a (new)

Text proposed by the CommissionAmendment
(4 a) Considering that the European Defence Technological and Industrial Base should include specific measures aimed at revitalising clusters in regions specialising in the defence industry, dual technologies or related industries such as semiconductors and electronics manufacturing, while also strengthening critical supply chains for defence materials to ensure resilience and sustainability and extending the benefits of such cooperation to other member states; also considering the need for enhanced EU cooperation on production by encouraging European companies to increase cooperation amongst themselves through cross-border industrial partnerships and thereby strengthen the role of European subcontractors in the production processes; considering that clusters and industrial partnerships both play a crucial role in enhancing the competitiveness, innovation, and resilience of the Union’s defence industry by fostering cooperation across national borders, transfers of defence related products within such clusters or partnerships should be facilitated. To facilitate their operational efficiency and ensure flexibility in supply chains, it is appropriate to empower Member States to exempt transfers within regional EDTIB clusters and cross-border industrial partnerships from the obligation of prior authorisation.

Or. en

Amendment 29

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Furthermore, for the same reasons as those set out in recital 4, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to define harmonised conditions for the Member States to determine which type of transfer licence should be applied to specific defence-related products or categories of defence-related products.deleted

Or. en

Amendment 30

Stefano Cavedagna

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Furthermore, for the same reasons as those set out in recital 4, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to define harmonised conditions for the Member States to determine which type of transfer licence should be applied to specific defence-related products or categories of defence-related products.deleted

Or. en

Amendment 31

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Furthermore, for the same reasons as those set out in recital 4, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to define harmonised conditions for the Member States to determine which type of transfer licence should be applied to specific defence-related products or categories of defence-related products.deleted

Or. en

Amendment 32

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) Furthermore, for the same reasons as those set out in recital 4, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to define harmonised conditions for the Member States to determine which type of transfer licence should be applied to specific defence-related products or categories of defence-related products.(5) Furthermore, for the same reasons as those set out in recital 4, the power to define the conditions under which transfer licences are applied to specific defence-related products or categories of such products shall rest primarily with the Member States, in full respect of their national security and export control competencies. The Commission may, in consultation with the Member States, provide non-binding guidance or facilitate coordination where necessary to ensure consistency, but should not adopt delegated acts determining harmonised conditions under Article 290 of the Treaty on the Functioning of the European Union.

Or. en

Amendment 33

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) To foster the uptake of certification by recipients and to facilitate cross-border collaboration and openness of supply chains within the Union, it is appropriate to extend the general transfer licence for transfers to certified recipients so that it also covers transfers by certified entities. Such undertakings have demonstrated strong capacity to comply with transfer and export control rules and have also supported important costs to achieve certification. They should be allowed to benefit from simplified and less burdensome possibilities to perform intra-Union transfers.(7) To foster the uptake of certification by recipients and to facilitate cross-border collaboration and openness of supply chains within the Union, it is appropriate to extend the general transfer licence for transfers to certified recipients so that it also covers transfers by certified entities. Such undertakings have demonstrated strong capacity to comply with transfer and export control rules and have also supported important costs to achieve certification. They should be allowed to benefit from simplified and less burdensome possibilities to perform intra-Union transfers. Moreover, with the objective of supporting innovation and SMEs in the Union, the general transfer licence should also be extended to transfers that aim to support disruptive technologies or innovative industrial processes.

Or. en

Amendment 34

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of urgency resulting from a crisis. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of urgency resulting from a crisis. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.

Or. en

Amendment 35

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of urgency resulting from a crisis. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers taking place while a supply crisis state is activated pursuant to Article 44 or 48 of the EDIP Regulation. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.

Or. en

Amendment 36

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of urgency resulting from a crisis. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.(9) Directive 2009/43/EC provides that Member States may introduce general transfer licences other than those listed in Article 5(2) of that Directive. However, that possibility may be hampered by national rules limiting flexibility and the capacity of national controlling authorities to take full advantage of the instruments introduced by Directive 2009/43/EC. For instance, additional types of general transfer licences could concern transfers necessary for the implementation of projects funded by Union defence industrial programmes, intra-group transfers or transfers in case of a crisis as defined in Article 1, point (10) of Directive 2009/81/EC. It is thus appropriate to require Member States to enable, in their national legislation, the introduction of general transfer licences other than those listed in Article 5(2) of Directive 2009/43/EC.

Or. en

Amendment 37

Engin Eroglu

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. Those delays can have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes. The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project. Member States could also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4for Union defence programmes.(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. SMEs in particular are disproportionately affected by this problem, which means that they suffer competitive detriments compared to larger market players. Those delays can have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes. The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project along the entire supply chain. Member States could also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.
__________________________________
4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf.

Or. de

Amendment 38

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. Those delays can have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes. The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project. Member States could also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. Those delays can have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes and for those carried out in the context of Structures for European Armament Programme (SEAP). The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project. Member States should also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.
__________________________________
4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf

Or. en

Amendment 39

Merja Kyllönen

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. Those delays can have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes. The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project. Member States could also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4for Union defence programmes.(10) The implementation of Union defence industrial programmes, such as the EDF, is often hindered by significant delays in the transfer of defence-related products, due to the lengthy and complex processes of obtaining transfer licences by Member States. Those delays have a detrimental impact on the overall efficiency and effectiveness of these programmes and can undermine the ability of the Union and its Member States to develop and acquire the defence capabilities they need in a timely and cost-effective manner. To address this issue, it is necessary to introduce general transfer licences for these programmes. The scope of these general transfer licences should cover all defence-related products set out in the Annex to Directive 2009/43/EC and should also cover all the transfers, whether tangible or intangible, that the supplier has to perform for the implementation of the project. Member States could also provide that such licences could apply to the entire life cycle of the product developed in a given project, including production, maintenance and upgrade phases. The introduction of such general transfer licences would reduce delays, increase efficiency and facilitate collaboration between undertakings participating in these projects, thereby supporting the development of a strong and competitive Union defence industry. The terminology used in that context should be understood to be identical with that of a Model Grant Agreement4 for Union defence programmes.
__________________________________
4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf4 The EDF Model Grant Agreement is available on the Commission website: https://ec.europa.eu/info/funding-tenders/opportunities/docs/2021-2027/edf/agr-contr/mga_edf_v1.0-01052023_en.pdf

Or. fi

Amendment 40

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) Additionally, taking account of the technological evolution, it is necessary to adapt the rules on the information to be provided by suppliers of defence-related products, as the current provisions may prove burdensome in case of non-tangible technology transfers. It is appropriate to provide suppliers with the required flexibility while maintaining transparency and control, in order to facilitate the efficient and effective transfer of defence products within the Union. The need for the modification of the information requirement for non-tangible technology transfers requires a case-by-case assessment. Therefore, Member States should be given the possibility to apply such information requirements only as far as their application does not result in overly burdensome reporting obligations for the suppliers.(11) Additionally, taking account of the technological evolution, it is necessary to adapt the rules on the information to be provided by suppliers of defence-related products, as the current provisions may prove burdensome in case of non-tangible technology transfers. It is appropriate to provide suppliers with the required flexibility while maintaining transparency, accountability and control, in order to facilitate the efficient and effective transfer of defence products within the Union. The need for the modification of the information requirement for non-tangible technology transfers requires a case-by-case assessment. Furthermore, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to adopt standardised templates for complying with these obligations.

Or. en

Amendment 41

Stefano Cavedagna

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making5 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted
_________________
5 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

Or. en

Amendment 42

Engin Eroglu

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066. Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7, which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. At the same time, fundamental structural reforms are essential to ensure that increased spending also leads to increased capabilities. The estimated amount of EUR 800 billion is highly likely to prove inadequate. The financing of increased defence spending by a collective debt mechanism such as the Security and Action for Europe (SAFE) instrument worth EUR 150 billion should be rejected outright, since it runs counter to the principles of budgetary discipline and fundamentally undermines the sovereignty of the Member States. Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7, which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.
__________________________________
6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).

Or. de

Amendment 43

Lucia Yar, Nathalie Loiseau, Engin Eroglu, Bart Groothuis, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and strengthen the Union’s security and strategic autonomy, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.
__________________________________
6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).

Or. en

Amendment 44

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a significant increase in collective European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.
__________________________________
6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).

Or. en

Amendment 45

Angelika Niebler

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. The aim must be to strengthen the European defense industry in such a way that public procurement can be carried out primarily with European manufacturers. In addition, the introduction of a European preference should become part of European legislation. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.
__________________________________
6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).

Or. en

Amendment 46

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 14

Text proposed by the CommissionAmendment
(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities.(14) To develop the necessary capabilities and military readiness to credibly deter armed aggression and secure the Union’s future, a massive increase in European defence investment is needed. Based on projections of gradual take-up, defence investment could reach at least EUR 800bn over the next four years, including the expenditure financed by the EUR 150bn from the Security and Action for Europe (SAFE) instrument established by Council Regulation (EU) 2025/11066 . Those significant investments in defence by Member States involve substantial public procurement. It is therefore appropriate to simplify certain provisions of Directive 2009/81/EC of the European Parliament and of the Council7 , which governs the procurement of defence and sensitive security works, goods and services, while maintaining a well-functioning Union-wide market for defence. Member States should be provided with both the flexibility to rapidly replenish their stocks and the ability to do so in a sustainable manner, which can best be achieved by fully exploiting the potential of the internal market. By streamlining the defence procurement rules in the Union, Member States should have the necessary agility to respond to emerging security needs, while also promoting a competitive and integrated European defence market to support their long-term defence capabilities. In this perspective, particular attention should be given in the award of contracts to criteria such as contribution to competitiveness, geographical distribution, increase in production capacities, increase in interoperability and in interchangeability, reducing the variety of defence products across the Union and contribution to reducing strategic dependencies, especially by increasing EU manufacturing capacities. This is particularly relevant for procedures without publication of a contract notice.
__________________________________
6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).6 Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the Security Action for Europe (SAFE) through the Reinforcement of the European Defence Industry Instrument (OJ L, 2025/1106, 28.5.2025, ELI: http://data.europa.eu/eli/reg/2025/1106/oj).
7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).7 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj).

Or. en

Amendment 47

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) To achieve that goal, it is necessary to raise the threshold amounts for contracts covered by Directive 2009/81/EC. This adjustment would enable Member States to focus their resources on the most critical contracts, allowing for more effective allocation of their procurement budgets. At the same time, it would ease the administrative burden on the industry for smaller procurement procedures, which will help to reduce the regulatory complexity and costs associated with those contracts.(15) To achieve that goal, it is necessary to raise the threshold amounts for contracts covered by Directive 2009/81/EC. This adjustment would enable Member States to focus their resources on the most critical contracts while it would ease the administrative burden on the industry for smaller procurement procedures, which will help to reduce the regulatory complexity and costs associated with those contracts, while also fostering greater participation of new market entrants, in particular start-ups and scale-ups, in smaller and more accessible procurement opportunities. To incentivise the use of common procurement tools by Member States, this Directive foresees a differentiated threshold when contracting authorities opt for this procedure. However, even where a contract does not reach the thresholds amounts, contracting authorities/entities should ensure compliance with the general principles of public procurement under EU law, including transparency, non-discrimination and equality of treatment, and proportionality.

Or. en

Amendment 48

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) Furthermore, Member States should be given the flexibility to profit from all available tools related to public procurement. In order to increase the number of ways contracting authorities/entities can carry out public procurement, the possibility to use the open procedure and the dynamic purchasing system should be added. Those two procedures are based on the ones provided for in Directive 2014/24/EU of the European Parliament and of the Council8 .(16) Furthermore, Member States should be given the flexibility to profit from all available tools related to public procurement. In order to increase the number of ways contracting authorities/entities can carry out public procurement, the possibility to use the open procedure and the dynamic purchasing system should be added. Those two procedures are based on the ones provided for in Directive 2014/24/EU of the European Parliament and of the Council;8 Member States should ensure that procurement and transfer of sensitive equipment remain subject to national security requirements and may simplify such procedures in agreement with the Commission.
__________________________________
8 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242, ELI: http://data.europa.eu/eli/dir/2014/24/oj).8 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65–242, ELI: http://data.europa.eu/eli/dir/2014/24/oj).

Or. en

Amendment 49

Engin Eroglu

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. In addition, a specialised European defence college should be set up in cooperation with industry in order to allow the targeted promotion of cutting-edge European technology in the defence sector. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among industry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB). At the same time, it is necessary to eliminate the red tape that stands in the way of civil-military cooperation projects and dual-use research, with a view to ensuring that the EU occupies a leading position in the field of technology.

Or. de

Amendment 50

Angelika Niebler

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. This applies above all to the area of cybersecurity: we need a European protection architecture against hybrid threats. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).

Or. en

Amendment 51

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness by providing better incentives for SMEs are future-proof and yield long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation, modernization of existing technology and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among industry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).

Or. en

Amendment 52

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness is future-proof and yields long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology, while also promoting collaboration and competition among indFustry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).(17) There is urgency for the Union to mobilise its overall innovation capacity and direct significant investments to regaining edge and prevent being technologically dependent. Directive 2009/81/EC should also be adapted to better support the procurement of innovation, to ensure that the significant investments made by Member States to increase their defence readiness are future-proof and yield long-term benefits. By facilitating the procurement of innovative defence solutions, the Union could encourage the development of cutting-edge technologies and capabilities, ultimately transforming defence through disruptive innovation and enhancing the effectiveness and resilience of its defence systems. To better support the procurement of research and development and innovative solutions a modified and more flexible innovation partnership procedure based on Directive 2014/24/EU, should be introduced in Directive 2009/81/EC. A simplified procedure for direct procurement of innovative products and services resulting from competitive parallel research and development projects should also be added. That would allow Member States to stay at the forefront of defence technology in line with European values, while also promoting collaboration and competition among industry partners. The benefits of this approach include faster access to innovative solutions, reduced development risks and increased cost-effectiveness, ultimately leading to enhanced defence capabilities and a more competitive European Defence Technological and Industrial Base (EDTIB).

Or. en

Amendment 53

Merja Kyllönen

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) To provide Member States with the necessary flexibility in responding to emerging security challenges, it is essential to introduce a limited in time possibility to use the negotiated procedure without prior publication for common procurements, including off-the-shelf procurement. That temporary derogation would enable Member States to quickly acquire the defence capabilities they need, while also allowing for a degree of flexibility in procurement procedures, thereby supporting the rapid replenishment of their stocks and the enhancement of their defence readiness. Furthermore, allowing Member States to procure identical defence products or products subject only to minor modifications, including common maintenance, contributes to deepening the interoperability and interchangeability of Member States’ armed forces’ equipment, further strengthening the Union’s defence readiness and enhancing the security of supply.(18) To provide Member States with the necessary flexibility in responding to emerging security challenges, it is essential to introduce a limited in time possibility to use the negotiated procedure without prior publication for common procurements, including off-the-shelf procurement. That temporary derogation would enable Member States to quickly acquire the defence capabilities they need, while also allowing for a degree of flexibility in procurement procedures, thereby supporting the rapid replenishment of their stocks and the enhancement of their defence readiness. Furthermore, allowing Member States to procure identical defence products or products subject only to minor modifications, including common maintenance, contributes to deepening the interoperability and interchangeability of Member States’ armed forces’ equipment, further strengthening the Union’s defence readiness and enhancing the security of supply. The immediate readiness of the Member States to replenish their stocks through an accelerated procedure would also send a message to the industry to invest and increase its production capacity, which is a major challenge in the current situation, in which production capacity lags significantly behind demand.

Or. fi

Amendment 54

Angelika Niebler

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) There is a need for more and better collaborative investment, from research to development of complex systems, through commercialisation to procurement, with a view to increasing the Union’s technological sovereignty. Common procurement by Member States is key to improve efficiency, effectiveness and interoperability of defence capabilities, thereby contributing to a stronger and more cohesive European defence. Building on the 2019 Commission notice on guidance on cooperative procurement in the fields of defence and security9 , it is necessary to lay down provisions related to Member States joining cooperative programmes based on research and development after the end of the research and development phase for the later phases of the life cycle. In addition, and in order to support the later phases of the life cycle of Union-funded defence research and development programmes, it is necessary to clarify that Member States can benefit from the exclusion for cooperative programmes based on research and development under the same conditions also for projects funded under defence research and development programmes, such as the EDF. This would provide the necessary legal certainty and ensure that the flexibility enabled through the exclusion will support the continuation of EDF projects under a cooperative framework even after the completion of the research and development phase. It would also clarify that Member States joining after the research and development phase as genuine participants in the cooperative programme will also benefit from the exclusion.(19) There is a need for more and better collaborative investment, from research to development of complex systems, through commercialisation to procurement, with a view to increasing the Union’s technological sovereignty. European flagship projects pool resources and can achieve capabilities that provide European added value but would be financially prohibitive for individual countries. In long-term financial planning, flagship projects must be incentivized in order to strengthen defense capabilities in the EU, but also to harness the full innovation potential of European industry and ensure cost-effective solutions for Member States. Common procurement by Member States is key to improve efficiency, effectiveness and interoperability of defence capabilities, thereby contributing to a stronger and more cohesive European defence. Building on the 2019 Commission notice on guidance on cooperative procurement in the fields of defence and security9 , it is necessary to lay down provisions related to Member States joining cooperative programmes based on research and development after the end of the research and development phase for the later phases of the life cycle. In addition, and in order to support the later phases of the life cycle of Union-funded defence research and development programmes, it is necessary to clarify that Member States can benefit from the exclusion for cooperative programmes based on research and development under the same conditions also for projects funded under defence research and development programmes, such as the EDF. This would provide the necessary legal certainty and ensure that the flexibility enabled through the exclusion will support the continuation of EDF projects under a cooperative framework even after the completion of the research and development phase. It would also clarify that Member States joining after the research and development phase as genuine participants in the cooperative programme will also benefit from the exclusion. To this end, it would be expedient to follow the example of the Defense Advanced Research Projects Agency (DARPA) and conduct centralized research and development into novel technologies with a high degree of innovation for European security.
__________________________________
9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).

Or. en

Amendment 55

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) There is a need for more and better collaborative investment, from research to development of complex systems, through commercialisation to procurement, with a view to increasing the Union’s technological sovereignty. Common procurement by Member States is key to improve efficiency, effectiveness and interoperability of defence capabilities, thereby contributing to a stronger and more cohesive European defence. Building on the 2019 Commission notice on guidance on cooperative procurement in the fields of defence and security9 , it is necessary to lay down provisions related to Member States joining cooperative programmes based on research and development after the end of the research and development phase for the later phases of the life cycle. In addition, and in order to support the later phases of the life cycle of Union-funded defence research and development programmes, it is necessary to clarify that Member States can benefit from the exclusion for cooperative programmes based on research and development under the same conditions also for projects funded under defence research and development programmes, such as the EDF. This would provide the necessary legal certainty and ensure that the flexibility enabled through the exclusion will support the continuation of EDF projects under a cooperative framework even after the completion of the research and development phase. It would also clarify that Member States joining after the research and development phase as genuine participants in the cooperative programme will also benefit from the exclusion.(19) There is a need for more and better collaborative investment, from research to development of complex systems, through commercialisation to procurement, with a view to increasing the Union’s technological sovereignty. Common procurement by Member States is key to improve efficiency, effectiveness and interoperability of defence capabilities, thereby contributing to a stronger and more cohesive European defence. Building on the 2019 Commission notice on guidance on cooperative procurement in the fields of defence and security9 , it is necessary to lay down provisions related to Member States joining cooperative programmes based on research and development after the end of the research and development phase for the later phases of the life cycle. In addition, and in order to support the later phases of the life cycle of Union-funded defence research and development programmes, it is necessary to clarify that Member States can benefit from the exclusion for cooperative programmes based on research and development under the same conditions also for projects funded under defence research and development programmes, such as the EDF. This would provide the necessary legal certainty and ensure that the flexibility enabled through the exclusion will support the continuation of EDF projects under a cooperative framework even after the completion of the research and development phase. It would also clarify that Member States joining after the research and development phase as genuine participants in the cooperative programme will also benefit from the exclusion. In order to ramp-up the EDTIB, EEA EFTA States and Ukraine should be involved as strategic partners for European projects for security and defence that receive Union funding.
__________________________________
9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).9 Commission notice on guidance on cooperative procurement in the fields of defence and security (OJ C 157, 8.5.2019, p. 1–9).

Or. en

Amendment 56

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 20 a (new)

Text proposed by the CommissionAmendment
(20 a) To facilitate common procurement among Member States, and to take account of differing renewal cycles and life spans of defence equipment, contracting authorities/entities should be able to allow counterparts from other Member States to join an existing framework agreement during its term. Allowing such access can enhance efficiency, avoid duplication of procedures, and promote cross-border cooperation and economies of scale. Any such participation should be subject to the agreement of the parties and the conditions of the framework agreement, without resulting in substantial modifications to its essential terms, and should respect the general principles governing procurement under this Directive.

Or. en

Amendment 57

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 20 b (new)

Text proposed by the CommissionAmendment
(20 b) In order to enhance the resilience, competitiveness and efficiency of the European defence technological and industrial base, and to accelerate the availability and production of defence capabilities needed for the Union’s defence readiness by 2030 while protecting European sovereignty, contracting authorities/entities should be able, when awarding supply contracts, to require that the successful tenderer involve, on fair, reasonable and non-discriminatory terms, other tenderers or candidates established in the Union or associated countries or Ukraine that participated in the procedure, through licensing, subcontracting or other forms of industrial cooperation. Such arrangements should facilitate the rapid and coordinated execution of defence programmes, preserve strategic know-how within the Union, and promote the participation of small and medium-sized enterprises and cross-border suppliers, while fully respecting confidentiality, security and intellectual property requirements.

Or. en

Amendment 58

Merja Kyllönen

Proposal for a directive

Recital 21

Text proposed by the CommissionAmendment
(21) To provide Member States with greater predictability and stability in their defence procurement planning, it is necessary to modify the rules governing framework agreements. Notably, to reflect the specificities of the defence sector, it is necessary to extend the maximum possible duration of framework agreements to ten years, allowing Member States to establish longer-term partnerships with industry and plan their defence procurement needs with greater certainty, while also ensuring that the Union's defence procurement rules remain flexible and adapted to the specific needs of the defence sector.(21) To provide Member States with greater predictability and stability in their defence procurement planning, it is necessary to modify the rules governing framework agreements. Notably, to reflect the specificities of the defence sector, it is necessary to extend the maximum possible duration of framework agreements to 15 years, allowing Member States to establish longer-term partnerships with industry and plan their defence procurement needs with greater certainty, while also ensuring that the Union's defence procurement rules remain flexible and adapted to the specific needs of the defence sector.

Or. fi

Amendment 59

Jaroslava Pokorná Jermanová

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, while not hampering the transparency level, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. Simplified procedures and reduced reporting requirements should also facilitate the participation of SMEs by lowering administrative barriers and improving their access to defence procurement opportunities. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.

Or. en

Amendment 60

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased only where appropriate in order not to jeopardise transparency and accountability, while allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.

Or. en

Amendment 61

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.(23) To reduce the administrative burden on Member States, some statistical reporting obligations related to defence procurement should be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.

Or. en

Amendment 62

Merja Kyllönen

Proposal for a directive

Recital 23

Text proposed by the CommissionAmendment
(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement should be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.(23) To reduce the administrative burden on Member States, the statistical reporting obligations related to defence procurement must be decreased, allowing national authorities to focus on the implementation of their defence policies and the efficient use of their resources. To the extent that this Directive amends Directive 2009/81/EC the appropriate legal basis, in so far as those amendments are concerned, is Article 53(2), Article 62 and Article 114 of the Treaty.

Or. fi

Amendment 63

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/43/EC – point 8

Article 3

Text proposed by the CommissionAmendment
‘crisis’ means crisis as defined in Article 1, point (10) of Directive 2009/81/EC of the European Parliament and of the Council*’;deleted

Or. en

Amendment 64

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 1 – paragraph 1 – point 1 – introductory part

Directive 2009/43/EC

Article 3 – points 8 and 9

Text proposed by the CommissionAmendment
(1) in Article 3, the following point 8 is added:(1) in Article 3, the following points 8 and 9 are added:
‘8. ‘crisis’ means crisis as defined in Article 1, point (10) of Directive 2009/81/EC of the European Parliament and of the Council*’;
‘9. ‘military equipment’ means all equipment and materials intended for military activities and used by the armed forces or other national security authorities, including but not limited to assemblies, sub-assemblies, articles, mixtures and substances, as well as any equipment, whether specifically designed or not, for military or security purposes.’

Or. en

Amendment 65

Kamila Gasiuk-Pihowicz

Proposal for a directive

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

Directive 2009/43/EC

Article 3 – point 9

Text proposed by the CommissionAmendment
(1 a) in Article (3), the following point 9 is added:
9. 'Military equipment' means all equipment and materials intended for military activities and used by the armed forces or other military entities, including but not limited to assemblies, sub-assemblies, articles, mixtures and substances, as well as any equipment, whether specifically designed or not, for military or security purposes and intended for use as an arm, munitions or war material.

Or. en

Amendment 66

Kamila Gasiuk-Pihowicz

Proposal for a directive

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

Directive 2009/43/EC

Article 3 – point 10

Text proposed by the CommissionAmendment
(1 b) in Article 3, the following point 10 is added:
10. 'War material' means any auxiliary materials used by the armed forces or other military entities, whether specifically designed or not, for military purposes, including but not limited to textile items, medical products, food rations or any other similar categories;

Or. en

Amendment 67

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 1 – introductory part

Directive 2009/43/EC

Article 3– points 8 and 8a

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

Or. en

Amendment 68

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/43/EC

Article 3 – point 8a

Text proposed by the CommissionAmendment
8 a. ‘structured cross-border industrial partnership’ means a stable and lasting collaboration arrangement between two or more entities established in different Member States, where such entities form part of a common corporate group, consortium, joint venture, or other similarly structured entity, and are engaged in the joint design, production, assembly, supply, or marketing of a defence-related product, including SEAPs and PESCO projects;

Or. en

Amendment 69

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/43/EC

Article 3 – point 8a

Text proposed by the CommissionAmendment
8 a. “regional EDTIB cluster” means a structured cooperation framework established by at least three Member States with a common geographical proximity, with the objective of achieving economies of scale, reducing thereby redundant national expenditures, fostering knowledge sharing and crossborder industrial synergies, including through the creation of structured cross-border industrial partnerships.

Or. en

Amendment 70

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2009/43/EC

Article 3 – point 8b

Text proposed by the CommissionAmendment
8 b. “structured cross-border industrial partnership” means a stable and lasting collaboration arrangement between two or more entities established in different Member States, where such entities form part of a common corporate group, consortium, joint venture, or other similarly structured entity, and are engaged in the joint design, production, assembly, supply, or marketing of a defence-related product.

Or. en

Amendment 71

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. Notwithstanding paragraph 1, Member States may exempt transfers of defence-related products from the obligation of prior authorisation set out in that paragraph in one of the following cases:2. Notwithstanding paragraph 1, Member States shall exempt transfers of defence-related products from the obligation of prior authorisation set out in that paragraph in one or more of the following cases:

Or. en

Amendment 72

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. Notwithstanding paragraph 1, Member States may exempt transfers of defence-related products from the obligation of prior authorisation set out in that paragraph in one of the following cases:2. Notwithstanding paragraph 1, Member States shall exempt transfers of defence-related products from the obligation of prior authorisation set out in that paragraph in one of the following cases:

Or. en

Amendment 73

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2, point a

Text proposed by the CommissionAmendment
(a) the supplier or the recipient is a governmental body or part of the armed forces;(a) the supplier or the recipient is a governmental body or part of the armed forces, or is an entity directly or indirectly controlled by a Member State, carrying out defence or state security tasks for the needs of that Member State;

Or. en

Amendment 74

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – point aa

Text proposed by the CommissionAmendment
(aa) the recipient is a Union institution, Union body, or the European Defence Agency;(aa) the recipient is a Union body, or the European Defence Agency;

Or. en

Amendment 75

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) the transfer is necessary for the implementation of a collaborative armament programme between Member States;(c) the transfer is necessary for the implementation of a collaborative armament programme between Member States, including Structures for European Armament Programme (SEAPs);

Or. en

Amendment 76

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

DIRECTIVE 2009/43/EC

Article 4 – paragraph 2 – after (c)

Text proposed by the CommissionAmendment
(ca) the transfer is necessary for the implementation of a project funded under a Union defence industrial programme;(ca) the transfer is necessary for the implementation of a European Defence Project of Common Interest or a project funded under a Union defence industrial programme;

Or. en

Amendment 77

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

DIRECTIVE 2009/43/EC

Article 4 – paragraph 2 – after (c)

Text proposed by the CommissionAmendment
(ca a) the transfer is necessary for the implementation of a collaborative European project or a project funded under a Union defence industrial programme;

Or. en

Amendment 78

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – after (c)

Text proposed by the CommissionAmendment
(cb a) the transfer takes place in the framework of a regional EDTIB cluster;

Or. en

Amendment 79

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – after (c)

Text proposed by the CommissionAmendment
(cc) the transfer takes place in an urgency resulting from a crisis;(cc) the transfer takes place while a supply crisis state is activated pursuant to Article 44 or Article 48 of the EDIP Regulation;

Or. en

Amendment 80

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – point cc

Text proposed by the CommissionAmendment
(cc) the transfer takes place in an urgency resulting from a crisis;(cc) the transfer takes place in a crisis, including in the case of the triggering of Article 42(7) TEU;

Or. en

Amendment 81

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2009/43/EC

Article 4 – paragraph 2 – point after c

Text proposed by the CommissionAmendment
(cc a) the transfer is necessary for the implementation of measures related to preparedness for or response to hybrid threats, as defined in relevant Union acts or identified by competent national authorities.

Or. en

Amendment 82

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

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

DIRECTIVE 2009/43/EC

Article 4 – after paragraph 2

Text proposed by the CommissionAmendment
(a a) The following paragraph 2a is inserted:
‘2a. Notwithstanding paragraph 1, Member States may exempt transfers of defence related intangible technologies from the obligation of prior authorisation set out in that paragraph where the supplier and the recipient belong to the same company or group of companies.’;

Or. en

Amendment 83

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/EC

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
(b) paragraph 3 is replaced by the following:deleted
‘3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2, in order to include additional cases where :
(a) the transfer takes place under conditions which do not affect public policy or public security;
(b) the obligation of prior authorisation has become incompatible with international commitments of the Member States subsequent to the adoption of this Directive;
(c) it is necessary for intergovernmental cooperation, as referred to in Article 1(4);
(d) the transfer is necessary for cross-border cooperation;’

Or. en

Amendment 84

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/CE

Article 4, paragraph 3

Text proposed by the CommissionAmendment
3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2, in order to include additional cases where :deleted
(a) the transfer takes place under conditions which do not affect public policy or public security;
(b) the obligation of prior authorisation has become incompatible with international commitments of the Member States subsequent to the adoption of this Directive;
(c) it is necessary for intergovernmental cooperation, as referred to in Article 1(4);
(d) the transfer is necessary for cross-border cooperation;

Or. en

Amendment 85

Jaroslava Pokorná Jermanová

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/CE – Article 4

Paragraph 3

Text proposed by the CommissionAmendment
3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2, in order to include additional cases where :3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State, amending paragraph 2, in order to include additional cases where :

Or. en

Amendment 86

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/EC

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2, in order to include additional cases where :3. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with Article 13a, at the request of a Member State or on its own initiative, amending paragraph 2, in order to include any of the following additional cases:

Or. en

Amendment 87

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/EC

Article 4 – paragraph 3– point c

Text proposed by the CommissionAmendment
(c) it is necessary for intergovernmental cooperation, as referred to in Article 1(4);(c) the transfer is necessary for intergovernmental cooperation, as referred to in Article 1(4);

Or. en

Amendment 88

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2009/43/EC

Article 4 – paragraph 3 – point (d a)

Text proposed by the CommissionAmendment
(d a) the transfer is necessary to strengthen the internal market for defence;

Or. en

Amendment 89

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive 2009/43/EC

Article 4– paragraph 4

Text proposed by the CommissionAmendment
4. Member States shall ensure that suppliers wishing to transfer defence-related products from their territory may use general transfer licences or apply for global or individual transfer licences in accordance with Articles 5, 6 and 7. No pre-conditions shall be imposed, that would have the effect of preventing suppliers from using general transfer licences or applying for global or individual transfer licences, on the basis of criteria that are not connected to their capacity to perform their obligations in the fields of transfer and export control.4. Member States shall ensure that suppliers wishing to transfer defence-related products from their territory may use general transfer licences or apply for global or individual transfer licences in accordance with Articles 5, 6 and 7. Certified entities participating in Union-funded defence programmes shall be granted automatic access to general transfer licences for intra-EU transfers of ammunition and related components. No pre-conditions shall be imposed, that would have the effect of preventing suppliers from using general transfer licences or applying for global or individual transfer licences, on the basis of criteria that are not connected to their capacity to perform their obligations in the fields of transfer and export control.

Or. en

Justification

This amendment builds on the directive’s existing support for certified entities (Article 5(2b)) and strengthens their operational freedom. It reduces administrative burden and ensures continuity in strategic supply chains.

Amendment 90

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive 2009/43/EC

Article 4 – paragraph 4

Text proposed by the CommissionAmendment
4. Member States shall ensure that suppliers wishing to transfer defence-related products from their territory may use general transfer licences or apply for global or individual transfer licences in accordance with Articles 5, 6 and 7. No pre-conditions shall be imposed, that would have the effect of preventing suppliers from using general transfer licences or applying for global or individual transfer licences, on the basis of criteria that are not connected to their capacity to perform their obligations in the fields of transfer and export control.4. Member States shall ensure that suppliers wishing to transfer defence-related products from their territory may use general transfer licences or apply for global or individual transfer licences in accordance with Articles 5, 6 and 7. No pre-conditions shall be imposed, that would have the effect of preventing suppliers from using general transfer licences or applying for global or individual transfer licences, on the basis of criteria that are not connected to their capacity to perform their obligations in the fields of transfer and export control; Member States shall facilitate the participation of SMEs and small mid-caps in the defence supply chains

Or. en

Amendment 91

Nathalie Loiseau

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

Article 4 – paragraph 8a

Text proposed by the CommissionAmendment
(d) the following paragraph 8a is inserted:deleted
‘8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.’

Or. en

(See wording of Article 4 of Directive 2009/43/EC.)

Justification

Creates unnecessary additional constraints.

Amendment 92

Pierre-Romain Thionnet, Virginie Joron

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

Article4 – paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.deleted

Or. en

Amendment 93

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/CE

Article 4, paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.deleted

Or. en

Amendment 94

Klara Dostalova

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

article 4 – paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.8a. In case of persistence of barriers to the intra-community transfer of defence goods linked with an insufficient level of harmonisation between the Member States, the Commission shall adopt by means of implementing acts the harmonised conditions for the application of paragraphs 5 and 8 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13c (2).

Or. en

Amendment 95

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

article 4 – paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.8a. If unjustified barriers to the intra-EU transfers of defence products persist due to an insufficient level of harmonisation, the Commission shall by means of implementing acts supplement this Directive by establishing uniform conditions needed for the application of paragraphs 5 and 8 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referenced in Article 13a (2a).

Or. en

Amendment 96

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

Article 4 – paragraph 8a (new)

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.8a. The Commission shall, by [6 months after the entry into force of this Directive] adopt delegated acts in accordance with Article 13a in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.

Or. en

Amendment 97

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Directive 2009/43/EC

Article 4 – paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.8a. The Commission shall within 6 months adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.

Or. en

Amendment 98

Jaroslava Pokorná Jermanová

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d

Article 8

Paragraph 8a

Text proposed by the CommissionAmendment
8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State or on its own initiative, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.8a. The Commission is empowered to adopt delegated acts in accordance with Article 13a, at the request of a Member State, in order to determine harmonised conditions for the application of paragraphs 5 and 8 of this Article.

Or. en

Amendment 99

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a – point ii – introductory part

Directive 2009/43/EC

Article 5 – paragraph 2 – points e and ea

Text proposed by the CommissionAmendment
(ii) the following point (e) is inserted:(ii) the following points (e) and (ea) are inserted:

Or. en

Amendment 100

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a – point ii

Directive 2009/43/EC

Article 5 – paragraph 2 – point e a

Text proposed by the CommissionAmendment
(e a) the transfer aims to develop Union-based disruptive technologies or innovative industrial processes;

Or. en

Amendment 101

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2009/43/CE

Article 5, paragraph 2b

Text proposed by the CommissionAmendment
2b. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;deleted

Or. en

Amendment 102

Nathalie Loiseau

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2009/43/EC

Article 5 – paragraph 2b

Text proposed by the CommissionAmendment
2b. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;deleted

Or. en

(See wording of Article 5 of Directive 2009/43/EC)

Amendment 103

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2009/43/EC

Article 5 – paragraph 2b

Text proposed by the CommissionAmendment
2b. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;2b. The Commission shall adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to update and harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;

Or. en

Amendment 104

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2009/43/EC

Article 5 – paragraph 2b

Text proposed by the CommissionAmendment
2b. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;2b. The Commission shall adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to harmonise the minimum scope of the general transfer licences referred to in Article 5(2).;

Or. en

Amendment 105

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a – Title

Text proposed by the CommissionAmendment
Licences for transfers necessary for the implementation of projects funded under Union defence industrial programmesLicences for transfers necessary for the implementation of European Defence Projects of common Interest or projects funded under Union defence industrial programmes

Or. en

Amendment 106

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5 – Title

Text proposed by the CommissionAmendment
Licences for transfers necessary for the implementation of projects funded under Union defence industrial programmesLicences for transfers necessary for European collaborative defence projects and the implementation of projects funded under Union defence industrial programmes

Or. en

Amendment 107

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a – Title

Text proposed by the CommissionAmendment
Licences for transfers necessary for the implementation of projects funded under Union defence industrial programmesLicences for transfers necessary for the implementation of projects funded under Union defence industrial programmes or carried out in the context of a SEAP

Or. en

Amendment 108

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States shall publish general transfer licences for transfers necessary for the implementation of projects funded under a Union defence industrial programme. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.1. Member States shall publish general transfer licences for transfers necessary for the implementation of European Defence Projects of Common Interest or projects funded under a Union defence industrial programme. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.

Or. en

Amendment 109

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 1 paragraph 1

Text proposed by the CommissionAmendment
1. Member States shall publish general transfer licences for transfers necessary for the implementation of projects funded under a Union defence industrial programme. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.1. Member States shall publish general transfer licences for transfers necessary for collaborative European defence projects and the implementation of projects funded under a Union defence industrial programme. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.

Or. en

Justification

The Commission proposal on introducing Art. 5a suggests a necessary measure but by itself it is not enough because of the limited share of EU (co-) funded projects in the European defence market. In order to achieve defence readiness 2030, Member States shall make the use of general transfer licences the standard for collaborative projects in the EU. The risk of slowing down the implementation of most collaborative European projects in granting individual licences by Member States as the standard mode needs to be overcome.

Amendment 110

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a – paragraph 1

Text proposed by the CommissionAmendment
1. Member States shall publish general transfer licences for transfers necessary for the implementation of projects funded under a Union defence industrial programme. Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.1. Member States shall publish general transfer licences for transfers necessary for the implementation of projects funded under a Union defence industrial programme or carried out in the context of a Structure for European Armament Programme (SEAP). Those licences shall apply to all defence-related products and shall cover all transfers necessary for the implementation of the project.

Or. en

Amendment 111

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a – paragraph 2

Text proposed by the CommissionAmendment
2. Member States may provide that the licencing system referred to in paragraph 1 applies also to the later phases of the life cycle of the projects occurring after the stages funded under a Union defence industrial programme.2. Member States shall ensure that the licencing system referred to in paragraph 1 applies also to the later phases of the life cycle of the projects occurring after the stages funded under a Union defence industrial programme.

Or. en

Amendment 112

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2009/43/EC

Article 5a (new) – paragraph 2

Text proposed by the CommissionAmendment
2. Member States may provide that the licencing system referred to in paragraph 1 applies also to the later phases of the life cycle of the projects occurring after the stages funded under a Union defence industrial programme.2. Member States shall provide that the licencing system referred to in paragraph 1 applies also to the later phases of the life cycle of the projects occurring after the stages funded under a Union defence industrial programme.

Or. en

Amendment 113

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 5 – introductory part

Text proposed by the CommissionAmendment
(5) in Article 8, the following paragraph 3a is inserted:(5) in Article 8, the following paragraphs 3a and 3b are inserted:

Or. en

Amendment 114

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2009/43/EC

Article 8 – paragraph 3a

Text proposed by the CommissionAmendment
3a. The provisions of this Article, in particular Article 8(3), points (b) and (c), accordingly, shall apply to non-tangible technology transfers only as far as their application does not result in disproportionate reporting obligations for the suppliers.;3a. The provisions of this Article, in particular Article 8(3), points (b) and (c), accordingly, shall apply to non-tangible technology transfers;

Or. en

Amendment 115

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2009/43/EC

Article 8 – paragraph 3a a

Text proposed by the CommissionAmendment
3a a. The Commission is empowered to adopt delegated acts to supplement this Directive in accordance with the procedure laid down at Article 13a, in order to adopt standardised templates for complying with the obligation described in paragraph 3, duly taking into account the differences between tangible and non-tangible transfers;

Or. en

Amendment 116

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive 2009/43/CE

Article 13a, paragraph 2a

Text proposed by the CommissionAmendment
2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;deleted

Or. en

Amendment 117

Nathalie Loiseau

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive 2009/43/EC

Article 13a – paragraph 2a

Text proposed by the CommissionAmendment
2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;deleted

Or. en

(See wording of Article 13a of Directive 2009/43/EC.)

Amendment 118

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive 2009/43/EC

Art 13a – paragraph 2a

Text proposed by the CommissionAmendment
2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;2a. When adopting an implementing act, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) 182/2011*. Where reference is made to this paragraph, Article 5 of (EU) 182/2011* shall apply.
* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

Or. en

Amendment 119

Jaroslava Pokorná Jermanová

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive 2009/43/EC – Article 13a

Paragraph 2a

Text proposed by the CommissionAmendment
2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive] upon the request of Member State. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;

Or. en

Amendment 120

Reinis Pozņaks

on behalf of the ECR Group

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive 2009/43/EC

Article 13a – paragraph 2a

Text proposed by the CommissionAmendment
2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of five years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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.;2a. The power to adopt delegated acts referred to in Article 4(8a) shall be conferred on the Commission for a period of three years from [date of the adoption of the amending directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period.

Or. en

Amendment 121

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b

Directive 2009/43/CE

Article 13a, paragraph 3

Text proposed by the CommissionAmendment
(b) paragraph 3 is replaced by the following:deleted
‘3. The delegation of power referred to in Article 4(3), Article 4(8a) or Article 13 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 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.;’

Or. en

Amendment 122

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b

Directive 2009/43/EC

Article 13a – paragraph 3

Text proposed by the CommissionAmendment
3. The delegation of power referred to in Article 4(3), Article 4(8a) or Article 13 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 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.;3. The delegation of power referred to in Article 4(3) or Article 13 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 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.;

Or. en

Amendment 123

Stefano Cavedagna

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point c

Directive 2009/43/CE

Article 13a, paragraph 6

Text proposed by the CommissionAmendment
6. A delegated act adopted pursuant to Article 4(3), Article 4(8a) or Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three 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 shall be extended by two months at the initiative of the European Parliament or of the Council..deleted

Or. en

Amendment 124

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 5 a (new)

Directive 2009/43/EC

Article 17

Text proposed by the CommissionAmendment
Article5a
Article 17 is replaced by the following:
Article 17
By 1 January 2029, the Commission shall review the implementation of this Directive against the background of improving Europe’s defence readiness by 2030, as requested by the European Parliament and the European Council in March 2025 and report thereon to the European Parliament and the Council. It shall evaluate in particular whether, and to what extent, the objectives of this Directive have been achieved, with regard, inter alia, to the functioning of the internal market and to the aim of defence readiness by 2030. In its report, the Commission shall review the application of Articles 5, [5 a or 5 a new], 9 to 12 and Article 15 of this Directive, and shall evaluate the impact of this Directive on the consolidation of the European defence equipment market and the European defence technological and industrial base, having regard, inter alia, to the success of the overall ramp up to a level that can credibly deter any risk of armed aggression and the situation of small, mid-cap and medium-sized enterprises. If necessary, the report shall be accompanied by a legislative proposal for a Regulation.

Or. en

Amendment 125

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2009/81/EC

Article 1 – point 15

Text proposed by the CommissionAmendment
15. ‘Candidate’ means an economic operator which has sought an invitation to take part in a restricted or negotiated procedure, competitive dialogue, or an innovation partnership;15. ‘Candidate’ means an economic operator which has sought an invitation to take part or has been invited to take part in a restricted or negotiated procedure, competitive dialogue, or an innovation partnership;

Or. en

Amendment 126

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point a

Directive 2009/81/EC

Article 1 – point 16

Text proposed by the CommissionAmendment
16. ‘Tenderer’ means an economic operator which has submitted a tender under an open procedure, a restricted or negotiated procedure, competitive dialogue, or an innovation partnership;;16. ‘Tenderer’ means an economic operator which has submitted a tender;

Or. en

Amendment 127

Kamila Gasiuk-Pihowicz

Proposal for a directive

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

Directive 2009/81/EC

Article 1 – point 6a

Text proposed by the CommissionAmendment
(a a) the following point 6a is added:
'6a. War material' means any auxiliary materials used by the armed forces or other military entities, whether specifically designed or not, for military purposes, including but not limited to textile items, medical products, food rations or any other similar categories;

Or. en

Amendment 128

Kamila Gasiuk-Pihowicz

Proposal for a directive

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

Directive 2009/81/EC

Article 1 – paragraph 6

Text proposed by the CommissionAmendment
(a b) point 6 is replaced by the following:
(-a) 'Military equipment' means all equipment and materials intended for military activities and used by the armed forces or other military entities, including but not limited to assemblies, sub-assemblies, articles, mixtures and substances, as well as any equipment, whether specifically designed or not, for military or security purposes and intended for use as a weapon, munition or war material.

Or. en

Amendment 129

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point f – introductory part

Directive 2009/81/EC

Article 1 – point 29

Text proposed by the CommissionAmendment
(f) the following point 29 is added:(f) the following points 29 and 30 are added:

Or. en

Amendment 130

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 1 – point f

DIRECTIVE 2009/81/EC

Article 1, After point 28

Text proposed by the CommissionAmendment
29. ‘maintenance’ means all actions taken to ensure the readiness and operational capability of a defence product, in particular to retain equipment in or to restore it to specified conditions until the end of its use, including mission readiness, longevity and upgrades, customisation and specialisation, inspection, overhaul, testing, servicing, modifications, classification as to serviceability, repair, recovery, rebuilding, reclamation, salvage and cannibalisation.;29. ‘maintenance’ means all actions taken to ensure the readiness and operational capability of a defence product, in particular to retain equipment in or to restore it to specified conditions until the end of its use, including readiness for deployment, longevity and upgrades, customisation and specialisation, inspection, overhaul, testing, servicing, modifications, classification as to serviceability, repair, recovery, rebuilding, reclamation, salvage and cannibalisation.;
‘30. ‘military equipment’ means all equipment and materials intended for military activities and used by the armed forces or other national security authorities, including but not limited to assemblies, sub-assemblies, articles, mixtures and substances, as well as any equipment, whether specifically designed or not, for military or security purposes.’ .

Or. en

Amendment 131

Kamila Gasiuk-Pihowicz

Proposal for a directive

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

Directive 2009/81/EC

Article 1 – point 30

Text proposed by the CommissionAmendment
(f a) the following point 30 is added:
30. ‘innovation’ means the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, with the purpose of helping to solve societal challenges.

Or. en

Justification

Definition of 'innovation' adapted from the definition found in Directive 2014/24/EC on public procurement

Amendment 132

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2009/81/EC

Article 8 – point (a)

Text proposed by the CommissionAmendment
(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 900 000’;(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 3 000 000’;

Or. fi

Amendment 133

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2009/81/EC

Article 8 – point (a)

Text proposed by the CommissionAmendment
(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 900 000’;(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 2 250 000’;

Or. en

Amendment 134

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2009/81/EC

Article 8 – point (a)

Text proposed by the CommissionAmendment
(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 900 000’;(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 2 250 000’;

Or. en

Amendment 135

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b

Directive 2009/81/EC

Article 8 – point (a)

Text proposed by the CommissionAmendment
(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 7 000 000’;(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 15 000 000’;

Or. fi

Amendment 136

Reinis Pozņaks

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2009/81/EC

Article 8 – point (a)

Text proposed by the CommissionAmendment
(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 900 000’;(a) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 500 000’;

Or. en

Justification

procurement thresholds should reflect inflation but changes are too drastic, this impacts transparency and lowers competition on the market.

Amendment 137

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b

Directive 2009/81/EC

Article 8 – point (b)

Text proposed by the CommissionAmendment
(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 7 000 000’;(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 11 400 000’;

Or. en

Amendment 138

Anna-Maja Henriksson, Pekka Toveri

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b

Directive 2009/81/EC

Article 8 – point (b)

Text proposed by the CommissionAmendment
(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 7 000 000’;(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 11 400 000’;

Or. en

Amendment 139

Reinis Pozņaks

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b

Directive 2009/81/EC

Article 8 – point (b)

Text proposed by the CommissionAmendment
(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 7 000 000’;(b) in point (b), ‘EUR 5 538 000’ is replaced by ‘EUR 6 000 000’;

Or. en

Amendment 140

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

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

Directive 2009/81/EC

Article 8 – point ba (new)

Text proposed by the CommissionAmendment
(b a) By way of derogation from point (a), in case of common procurement of military equipment by contracting authorities/entities from two or more Member States, the applicable threshold shall be increased by 700 000 EUR per contracting authority/entity from a Member state involved in the corresponding award procedure.

Or. en

Amendment 141

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point a

Directive 2009/81/EC

Article 9 – paragraph 9

Text proposed by the CommissionAmendment
9. With regard to framework agreements and dynamic purchasing systems, the estimated value to be taken into consideration shall be the maximum estimated value, net of VAT, of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.;9. With regard to framework agreements and dynamic purchasing systems, the estimated value to be taken into consideration shall be the maximum estimated value, net of VAT, of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.; where possible, contracting authorities will structure framework agreements and dynamic purchasing systems in a manner that facilitates the participation of small and medium-sized enterprises, including through the use of lots, proportionate selection criteria, and non-discriminatory technical specifications such as the access of dual-use technology providers and companies operating in both civilian and defense sectors.

Or. en

Justification

In order to strengthen the industrial base and ensure broad participation of economic operators, including small and medium-sized enterprises, the design framework agreements and dynamic purchasing systems should be built in a way that facilitates SME participation

Amendment 142

Jaroslava Pokorná Jermanová

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b

Directive 2009/81/EC

Article 9 – paragraph 10

Text proposed by the CommissionAmendment
10. In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value net of VAT of the research and development activities to take place during all stages of the envisaged partnership as well as of the supplies, services or works to be developed and procured at the end of the envisaged partnership.;10. In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value net of VAT of the research and development activities to take place during all stages of the envisaged partnership as well as of the supplies, services or works to be developed and procured at the end of the envisaged partnership; particular attention shall be given to facilitating the participation of small and medium-sized enterprises (SMEs) in such partnerships, including through proportionate qualification requirements, fair consortium conditions, and transparent access to partnership stages;

Or. en

Justification

This provision ensures fair access for SMEs, whose innovation capacity and agility are essential for strengthening Europe’s defence industrial base, fostering competitiveness, and preventing market concentration among a few large contractors.

Amendment 143

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b

Directive 2009/81/EC

Article 9 – paragraph 10a (new)

Text proposed by the CommissionAmendment
10 a. Contracting authorities shall design innovation partnerships in a manner that facilitates the participation of small and medium-sized enterprises and dual-use technology providers and companies operating in both civilian and defense sectors, including local innovative companies ensuring fair access to all stages of the partnership.

Or. en

Justification

large innovation partnerships often end up dominated by major foreign primes, leaving little space for local industry.

Amendment 144

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 5

Directive 2009/81/EC

Article 10a – paragraph 4 – subparagraph 3

Text proposed by the CommissionAmendment
A participating contracting authority/entity shall be deemed to have fulfilled its obligations pursuant to this Directive when it purchases works, supplies or services from a contracting authority/entity which is responsible for the procurement procedure. When determining responsibilities and the applicable national law as referred to in the second subparagraph, point (a), the participating contracting authorities/entities may allocate specific responsibilities among them and determine the applicable national provisions of any of their respective Member States. The allocation of responsibilities and the applicable national law shall be referred to in the procurement documents for jointly awarded public contracts.A participating contracting authority/entity shall be deemed to have fulfilled its obligations pursuant to this Directive when it purchases works, supplies or services from a contracting authority/entity which is responsible for the procurement procedure. When determining responsibilities and the applicable national law as referred to in the second subparagraph, point (a), the participating contracting authorities/entities shall allocate specific responsibilities among them and determine the applicable national provisions of any of their respective Member States. The allocation of responsibilities and the applicable national law shall be referred to in the procurement documents for jointly awarded public contracts.

Or. en

Amendment 145

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 6 a (new)

Directive 2009/81/EC

Article 18 – paragraph 3, point a

Text proposed by the CommissionAmendment
(6 a) in Article 18, paragraph 3, point a, the last reference is replaced by the following:
- the commonly used national and international 'defence standards' defined in point 3 of Annex III and defence materiel specifications similar to those standards.

Or. en

Justification

This would enable the use of the procedure in the order of products complying with relevant international standards such as the MIL-STD standards used in aviation

Amendment 146

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 8

Directive 2009/81/EC

Article 27 – paragraph 1 – second subparagraph

Text proposed by the CommissionAmendment
A contract shall be awarded on the sole basis of the award criterion for the most economically advantageous tender.;A contract shall be awarded on the sole basis of the award criterion for the most economically advantageous tender; however, contracting authorities shall ensure that technical merit, innovation potential, and the operational impact and cost-efficiency in completing EU missions objectives, as well as local industrial participation, are duly considered alongside the price, to enable meaningful participation of small and medium-sized enterprises.

Or. en

Justification

This is so that we make it legally required to consider SMEs in evaluation and contract design; applications of this article covers RD, such as radar systems, new cyber defense platforms, etc

Amendment 147

Jaroslava Pokorná Jermanová

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 1 – second subparagraph

Text proposed by the CommissionAmendment
In the procurement documents, the contracting authority/entity shall identify the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market. It shall indicate which elements of this description represent indicative minimum requirements that all tenders should meet. The information provided shall be sufficiently precise to enable economic operators to identify the nature and scope of the required solution and decide whether to request to participate in the procedure.In the procurement documents, the contracting authority/entity shall identify the need for an innovative product, service or works that cannot be met by purchasing products, services or works already available on the market. It shall indicate which elements of this description represent indicative minimum requirements that all tenders should meet. The information provided shall be sufficiently precise to enable economic operators, including small and medium-sized enterprises (SMEs), to identify the nature and scope of the required solution and decide whether to request to participate in the procedure. Contracting authorities/entities shall ensure that the conditions for participation and documentation requirements are proportionate and accessible so as not to disadvantage SMEs in innovative procurement procedures.

Or. en

Justification

This amendment promotes fair access for SMEs by ensuring proportionate and transparent conditions in innovative defence procurement.

Amendment 148

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 1 – third subparagraph

Text proposed by the CommissionAmendment
The contracting authority/entity may decide to set up the innovation partnership with one partner or with several partners conducting separate research and development activities.The contracting authority/entity may decide to set up the innovation partnership with one partner or with several partners conducting separate research and development activities. This decision shall be documented and justified, taking into account the complexity of the project, the need for diverse expertise, and the opportunity to facilitate the participation of small and medium-sized enterprises and local industrial actors.

Or. en

Justification

We should avoid situations where contracting authorities can favor large primes and exclude SMEs or smaller national companies.

Amendment 149

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 1 – third subparagraph

Text proposed by the CommissionAmendment
The contracting authority/entity may decide to set up the innovation partnership with one partner or with several partners conducting separate research and development activities.The contracting authority/entity may decide to set up the innovation partnership with at least one partner or with several partners conducting separate research and development activities.

Or. en

Amendment 150

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 1 – fifth subparagraph

Text proposed by the CommissionAmendment
The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent. The contracting authority/entity shall assess the information provided by the economic operators and shall invite the suitable candidates to participate in the procedure. Contracting authorities/entities may limit the number of suitable candidates to be invited to participate in the procedure. The contracts shall be awarded on the sole basis of the award criterion of the best price-quality ratio in accordance with Article 47.The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice is sent. The contracting authority/entity shall assess the information provided by the economic operators and shall invite the suitable candidates to participate in the procedure according to the objective rules and criteria that reflect these needs. Contracting authorities/entities may limit the number of suitable candidates to be invited to participate in the procedure. The contracts shall be awarded on the sole basis of the award criterion of the best price-quality ratio in accordance with Article 47.

Or. en

Amendment 151

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 2 – first subparagraph

Text proposed by the CommissionAmendment
The innovation partnership shall aim at the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities/entities and the participants.The innovation partnership shall aim at the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they are in line with EU values and correspond to the performance levels and maximum costs agreed between the contracting authorities/entities and the participants.

Or. en

Amendment 152

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – point 2 – first subparagraph

Text proposed by the CommissionAmendment
The innovation partnership shall aim at the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities/entities and the participants.The innovation partnership shall aim at the development of an innovative product, service or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities/entities and the participants. Proposals involving EU-based production of ammunition, energetic materials, and vertically integrated defence systems shall be positively weighted in the award criteria.

Or. en

Justification

This aligns with the directive’s goal to promote innovation and strategic autonomy. It incentivizes use of existing EU industrial capacity and supports the European Defence Technological and Industrial Base.

Amendment 153

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 2 – second subparagraph

Text proposed by the CommissionAmendment
The innovation partnership shall be structured in successive phases following the sequence of steps in the research and innovation process, which may include the manufacturing of the products, the provision of the services or the completion of the works. The innovation partnership shall set intermediate targets which should be attained by the partners and provide for payment of the remuneration in appropriate instalments.The innovation partnership shall be structured in successive phases following the sequence of steps in the research and innovation process, which may include the manufacturing of the products, the provision of the services or the completion of the works. The innovation partnership shall set intermediate targets which should be attained by the partners and provide for payment of the remuneration in appropriate instalments. Remuneration to participants shall be structured to cover a proportionate share of research and development costs at each phase, ensuring that small and medium-sized enterprises are not exposed to undue financial risk. Payment instalments shall be linked to clearly defined and achievable milestones.

Or. en

Justification

Payments are linked to achieving intermediate targets, but SMEs may struggle if milestones are too large or delayed. with this AM we reduce financial risk for smaller companies

Amendment 154

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 3 – second subparagraph

Text proposed by the CommissionAmendment
The minimum requirements and award criteria shall not be subject to negotiations.The minimum requirements and award criteria shall not be subject to negotiations. They shall be objective, non-discriminatory de jure and de facto and promote competition.

Or. en

Amendment 155

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 4 – first subparagraph

Text proposed by the CommissionAmendment
During the negotiations, contracting authorities/entities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall inform all tenderers whose tenders have not been eliminated, pursuant to paragraph 5, in writing of any changes to the technical specifications or other procurement documents. Following those changes, contracting authorities/entities shall provide sufficient time for tenderers to modify and re-submit amended tenders, as appropriate.During the negotiations, contracting authorities/entities shall ensure the equal treatment of all tenderers. To that end, they shall not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall inform all tenderers whose tenders have not been eliminated, pursuant to paragraph 5, in writing of any changes to the technical specifications or other procurement documents and a short explanation of the reasons for the changes without revealing confidential information. Following those changes, contracting authorities/entities shall provide sufficient time for tenderers to modify and re-submit amended tenders, as appropriate.

Or. en

Amendment 156

Reinis Pozņaks, Stefano Cavedagna

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 9

Directive 2009/81/EC

Article 27a – paragraph 6 – second subparagraph

Text proposed by the CommissionAmendment
Only those economic operators invited by the contracting authority/entity following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority/entity that cannot be met by existing solutions.Only those economic operators invited by the contracting authority/entity following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority/entity that cannot be met by existing solutions. The pre-selection process shall ensure equal treatment and fair competition, including for dual-use providers, SMEs and operators from smaller Member States with developing industries.

Or. en

Justification

To ensure fair competition for SMEs and companies from smaller markets

Amendment 157

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point a

Directive 2009/81/EC

Article 28 – point 1 – point c

Text proposed by the CommissionAmendment
(c) when the time-limits laid down for the open procedure, restricted procedure and negotiated procedure with publication of a contract notice, including the shortened time-limits referred to in Article 33(7), are incompatible with the urgency resulting from a crisis. This may apply for instance in the cases referred to in Article 23, second paragraph, point (d);(c) when the time-limits laid down for the open procedure, restricted procedure and negotiated procedure with publication of a contract notice, including the shortened time-limits referred to in Article 33(7), are incompatible with a crisis. This may apply for instance in the cases referred to in Article 23, second paragraph, point (d);

Or. en

Amendment 158

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point iii

Text proposed by the CommissionAmendment
(iii) the value of the products or services does not exceed 10 times the value of the research and development contract from which it results;(iii) the value of the products or services does not exceed 50 times the value of the research and development contract from which it results;

Or. fi

Amendment 159

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point iii

Text proposed by the CommissionAmendment
(iii) the value of the products or services does not exceed 10 times the value of the research and development contract from which it results;(iii) the value of the products or services does not exceed 100 times the value of the research and development contract from which it results;

Or. en

Amendment 160

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

DIRECTIVE 2009/81/EC

Article 28 – point 2 – point c – point iii

Text proposed by the CommissionAmendment
(iii) the value of the products or services does not exceed 10 times the value of the research and development contract from which it results;(iii) the value of the products or services does not exceed 50 times the value of the research and development contract from which it results;

Or. en

Amendment 161

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/CE

Article 28 – point 2 – point c – point iv

Text proposed by the CommissionAmendment
(iv) the contractors and their subcontractors are established, have their principal place of business, and perform the research and development contract and the supply contract using resources located in a Member State or in a an EEA EFTA state;deleted

Or. en

Justification

The criteria set out in points (iv) to (vii) of Article 28(2)(c) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 162

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point iv

Text proposed by the CommissionAmendment
(iv) the contractors and their subcontractors are established, have their principal place of business, and perform the research and development contract and the supply contract using resources located in a Member State or in a an EEA EFTA state;(iv) the contractors and their subcontractors are established, have their principal place of business, and perform the research and development contract and the supply contract using resources located in a Member State, in an EEA EFTA state or in Ukraine;

Or. en

Amendment 163

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point iv

Text proposed by the CommissionAmendment
(iv) the contractors and their subcontractors are established, have their principal place of business, and perform the research and development contract and the supply contract using resources located in a Member State or in a an EEA EFTA state;(iv) the contractors and their subcontractors are established, have their principal place of business, and perform the research and development contract and the supply contract using resources located in a Member State, in a an EEA EFTA state or Ukraine;

Or. en

Amendment 164

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/CE

Article 28 – point 2 – point c – point v

Text proposed by the CommissionAmendment
(v) the executive management structures of the contractors and their subcontractors are established in the Union, in an EEA EFTA State, or in Ukraine;deleted

Or. en

Justification

The criteria set out in points (iv) to (vii) of Article 28(2)(c) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 165

György Hölvényi, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point v

Text proposed by the CommissionAmendment
(v) the executive management structures of the contractors and their subcontractors are established in the Union, in an EEA EFTA State, or in Ukraine;(v) the executive management structures of the contractors and their subcontractors are established in the Union, in an EEA EFTA State;

Or. en

Amendment 166

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/CE

Article 28 – point 2 – point c – point vi

Text proposed by the CommissionAmendment
(vi) the contractors and the subcontractors are not subject to control by a third country which is not an EEA EFTA State or Ukraine or by a third-country entity which is not established in an EEA EFTA State;deleted

Or. en

Justification

The criteria set out in points (iv) to (vii) of Article 28(2)(c) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 167

György Hölvényi, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point vi

Text proposed by the CommissionAmendment
(vi) the contractors and the subcontractors are not subject to control by a third country which is not an EEA EFTA State or Ukraine or by a third-country entity which is not established in an EEA EFTA State;(vi) the contractors and the subcontractors are not subject to control by a third country which is not an EEA EFTA State or by a third-country entity which is not established in an EEA EFTA State;

Or. en

Amendment 168

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point vi a (new)

Text proposed by the CommissionAmendment
(vi a) By way of derogation from point (vi), a legal entity established in the Union, in an EEA EFTA State or Ukraine and controlled by another third country or by another third-country entity may be eligible as a contractor or subcontractor if it has been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, to appropriate mitigation measures, or if it provides guarantees verified by the Member State, the EEA EFTA State or Ukraine, where the contractor or subcontractor involved is established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor in a contract does not contravene the security and defence interests of the Union and its Member States as established in the framework of the common foreign and security policy pursuant to Title V of the Treaty on European Union, and respects the principle of good neighbourly relations.

Or. en

Amendment 169

Reinis Pozņaks

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point vi a (new)

Text proposed by the CommissionAmendment
(vi a) By way of derogation from point (vi), a legal entity established in the Union and controlled by another third country or by another third-country entity may participate in the procurement if it has been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, to appropriate mitigation measures, or if it provides guarantees verified by the Member State in which the contractor or subcontractor involved in the common procurement is established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the common foreign and security policy pursuant to Title V of the Treaty on European Union.

Or. en

Amendment 170

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/CE

Article 28 – point 2 – point c – point vii

Text proposed by the CommissionAmendment
(vii) the products have been designed in the Union, an EEA EFTA State, or Ukraine and are not subject to control or restriction by a third country which is not an EEA EFTA State or Ukraine or by a third-country entity which is not established in an EEA EFTA State or in Ukraine;;deleted

Or. en

Justification

The criteria set out in points (iv) to (vii) of Article 28(2)(c) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 171

György Hölvényi, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point c – point vii

Text proposed by the CommissionAmendment
(vii) the products have been designed in the Union, an EEA EFTA State, or Ukraine and are not subject to control or restriction by a third country which is not an EEA EFTA State or Ukraine or by a third-country entity which is not established in an EEA EFTA State or in Ukraine;;(vii) the products have been designed in the Union or an EEA EFTA State, and are not subject to control or restriction by a third country which is not an EEA EFTA State or by a third-country entity which is not established in an EEA EFTA State;

Or. en

Amendment 172

Lucia Yar, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point b

Directive 2009/81/EC

Article 28 – point 2 – point ca (new)

Text proposed by the CommissionAmendment
(c a) for contracts awarded pursuant to point (c), the contracting authority/entity shall publish a non-confidential award notice within 15 calendar days of award, indicating the subject-matter, total value, the number of competing R&D contracts initially placed, and a justification for the use of point (c), including confirmation that the conditions set out in points (c)(i) to (vii) are fulfilled. This publication shall be without prejudice to the protection of classified information and commercially sensitive data.

Or. en

Amendment 173

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c – introductory part

Text proposed by the CommissionAmendment
(c) in point (3) the following point (d) is added.(c) in point (3)(2) the following point (d) is added.

Or. en

Amendment 174

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – introductory part

Text proposed by the CommissionAmendment
for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least three Member States, provided that all of the following conditions are fulfilled:for the common procurement of military equipment conducted by contracting authorities/entities from at least two Member States, where the contract award decision was sent to the tenderers prior to 1 January 2031 provided that all of the following conditions are fulfilled:

Or. en

Amendment 175

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

article 28 – point (3) – point d – introductory part

Text proposed by the CommissionAmendment
for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least three Member States, provided that all of the following conditions are fulfilled:for the common procurement of military equipment conducted by contracting authorities/entities from at least two Member States, where the contract award decision was sent to the tenderers prior to 1 January 2031, provided that all of the following conditions are fulfilled:

Or. en

Amendment 176

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d – introductory part

Text proposed by the CommissionAmendment
for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least three Member States, provided that all of the following conditions are fulfilled:for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least four Member States, provided that all of the following conditions are fulfilled:

Or. en

Amendment 177

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – paragraph 2, point (d) – introductory part

Text proposed by the CommissionAmendment
for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least three Member States, provided that all of the following conditions are fulfilled:for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least two Member States, provided that all of the following conditions are fulfilled:

Or. en

Amendment 178

Bart Groothuis, Engin Eroglu, Jeannette Baljeu, Morten Løkkegaard, Hilde Vautmans, Petras Auštrevičius

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

2009/81/EC

Article 28 – point 3 – point d – introductory part

Text proposed by the CommissionAmendment
for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least three Member States, provided that all of the following conditions are fulfilled:for the common procurement of military equipment concluded prior to 1 January 2031 by contracting authorities/entities from at least two Member States, provided that all of the following conditions are fulfilled:

Or. en

Justification

This amendment allows for greater flexibility for Member States who often collaborate bilaterally on defence projects.

Amendment 179

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (i)

Text proposed by the CommissionAmendment
(i) the contracting authorities/entities from the Member States concerned procure identical defence products or products subject only to minor modifications;(i) the contracting authorities/entities from the Member States concerned procure identical military equipment or equipment subject only to minor modifications;

Or. en

Amendment 180

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d – point (i)

Text proposed by the CommissionAmendment
(i) the contracting authorities/entities from the Member States concerned procure identical defence products or products subject only to minor modifications;(i) the contracting authorities/entities from the Member States concerned procure identical military equipment or equipment subject only to minor modifications;

Or. en

Amendment 181

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

2009/81/EC

Article 28– point 3 – point d – point (ii)

Text proposed by the CommissionAmendment
(ii) the contract covers at least joint maintenance for the procured defence products in addition to the procurement of the defence products. The requirement for the contract covering joint maintenance may be waived in case the procured defence product typically does not require maintenance;deleted

Or. en

Amendment 182

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (ii)

Text proposed by the CommissionAmendment
(ii) the contract covers at least joint maintenance for the procured defence products in addition to the procurement of the defence products. The requirement for the contract covering joint maintenance may be waived in case the procured defence product typically does not require maintenance;deleted

Or. en

Justification

The conditions for using the negotiated procedure without prior publication (NPWPP) should be as simple as possible and should not impose requirements beyond those strictly necessary to enable effective cooperation among jointly procuring Member States. We propose deleting point (ii), so that the provision of services is not a prerequisite for applying NPWPP.

Amendment 183

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d – point ii

Text proposed by the CommissionAmendment
(ii) the contract covers at least joint maintenance for the procured defence products in addition to the procurement of the defence products. The requirement for the contract covering joint maintenance may be waived in case the procured defence product typically does not require maintenance;(ii) the contract covers at least joint maintenance for the procured defence products in addition to the procurement of the defence products. The requirement for the contract covering joint maintenance may be waived only in case the procured defence product typically does not require maintenance;

Or. en

Amendment 184

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d (new) – point iia (new)

Text proposed by the CommissionAmendment
(ii a) the contract aims at increasing interoperability and interchangeability of defence products across the Union;

Or. en

Amendment 185

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/CE

Article 28, point 2), point d)

Text proposed by the CommissionAmendment
(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;deleted

Or. en

Justification

The criteria set out in points (iii) to (vii) of Article 28(2)(d) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 186

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iii)

Text proposed by the CommissionAmendment
(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine

Or. en

Justification

We propose deleting the second sentence beginning with “They shall not be subject to control by a third country…”. Compliance with the first sentence, in combination with the other conditions, should be sufficient. Member States should no longer be required to independently assess whether a supplier is controlled by a third country. The remaining conditions should provide adequate assurance that cooperating Member States will procure from sufficiently vetted suppliers.

Amendment 187

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d – point (iii)

Text proposed by the CommissionAmendment
(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine.

Or. en

Amendment 188

György Hölvényi, Ernő Schaller-Baross

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iii)

Text proposed by the CommissionAmendment
(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union or in an EEA EFTA State. They shall not be subject to control by a third country which is not an EEA EFTA State or by another third-country entity which is not established in the Union or in an EEA EFTA State;

Or. en

Amendment 189

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iii)

Text proposed by the CommissionAmendment
(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State or in Ukraine. They shall not be subject to control by a third country which is not an EEA EFTA State or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Ukraine;(iii) the contractors involved in the common procurement shall be established and have their executive management structures in the Union, in an EEA EFTA State, in Ukraine or in Canada, the United Kingdom, South Korea or Japan. They shall not be subject to control by a third country which is not an EEA EFTA State, Canada, the United Kingdom, South Korea, Japan or Ukraine or by another third-country entity which is not established in the Union, in an EEA EFTA State or in Canada, the United Kingdom, South Korea, Japan or Ukraine;

Or. fi

Justification

This addition makes it possible for the Member States to acquire critical materials in the meantime, if the European alternative is not available.

Amendment 190

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iv)

Text proposed by the CommissionAmendment
(iv) Article 16(5), (6) and (9) of Regulation (EU) 2025/1106 of the Council* apply insofar as they refer to contractors;deleted

Or. en

Amendment 191

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/CE

Article 28– point 3 – point d – point (iv)

Text proposed by the CommissionAmendment
(iv) Article 16(5), (6) and (9) of Regulation (EU) 2025/1106 of the Council* apply insofar as they refer to contractors;deleted

Or. en

Justification

The criteria set out in points (iii) to (vii) of Article 28(2)(d) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 192

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iv)

Text proposed by the CommissionAmendment
(iv) Article 16(5), (6) and (9) of Regulation (EU) 2025/1106 of the Council* apply insofar as they refer to contractors;(iv) By way of derogation from the conditions referred to in point (iii), a legal entity established in the Union, EEA EFTA State or in Ukraine and controlled by another third country or by another third-country entity may be a contractor involved in the common procurement if it has been subject to screening within the meaning of Regulation (EU) 2019/452* and, where necessary, to appropriate mitigation measures, or if it provides guarantees verified by the Member State in which the contractor or subcontractor involved in the common procurement is established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the common foreign and security policy pursuant to Title V of the Treaty on European Union.

Or. en

Amendment 193

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (iv)

Text proposed by the CommissionAmendment
(iv) Article 16(5), (6) and (9) of Regulation (EU) 2025/1106 of the Council* apply insofar as they refer to contractors;(iv) Article 10(5), (6) and (9) of Regulation (EU) 2025/XXX [EDIP] of the European Parliament and of the Council* apply insofar as they refer to contractors;

Or. en

Amendment 194

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/CE

Article 28– point 3 – point d – point (v)

Text proposed by the CommissionAmendment
(v) the contractors involved in the common procurement may be considered to fulfil the eligibility conditions referred to in point (ii) and (iii) where they have fulfilled equivalent conditions under Regulations (EU) 2018/1092**, (EU) 2021/697***, (EU) 2023/1525**** or (EU) 2023/2418***** of the European Parliament and of the Council and provided that no subsequent changes call into question the fulfilment of those conditions;deleted

Or. en

Justification

The criteria set out in points (iii) to (vii) of Article 28(2)(d) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 195

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d – point v

Text proposed by the CommissionAmendment
(v) the contractors involved in the common procurement may be considered to fulfil the eligibility conditions referred to in point (ii) and (iii) where they have fulfilled equivalent conditions under Regulations (EU) 2018/1092**, (EU) 2021/697***, (EU) 2023/1525**** or (EU) 2023/2418***** of the European Parliament and of the Council and provided that no subsequent changes call into question the fulfilment of those conditions;(v) the contractors involved in the common procurement may be considered to fulfil the eligibility conditions referred to in point (ii) and (iii) where they have fulfilled equivalent conditions under Regulation (EU) 2025/XXX [EDIP] of the European Parliament and of the Council;

Or. en

Amendment 196

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/CE

Article 28– point 3 – point d – point (vi)

Text proposed by the CommissionAmendment
(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State or an EEA EFTA State. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;deleted

Or. en

Justification

The criteria set out in points (iii) to (vii) of Article 28(2)(d) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 197

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vi)

Text proposed by the CommissionAmendment
(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State or an EEA EFTA State. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;deleted

Or. en

Justification

We propose deleting this point in its entirety, as it constitutes a redundant condition without added value. The other conditions for applying NPWPP should provide sufficient guarantees that cooperating Member States will procure from adequately vetted suppliers.

Amendment 198

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vi)

Text proposed by the CommissionAmendment
(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State or an EEA EFTA State. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;deleted

Or. en

Amendment 199

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vi)

Text proposed by the CommissionAmendment
(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State or an EEA EFTA State. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State, an EEA EFTA State or Canada, the United Kingdom, South Korea or Ukraine. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;

Or. fi

Amendment 200

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vi)

Text proposed by the CommissionAmendment
(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State or an EEA EFTA State. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State or an EEA EFTA State, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;(vi) the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located in the territory of a Member State, an EEA EFTA State or Ukraine. Where contractors or subcontractors involved in the common procurement have no readily available alternatives or relevant infrastructure, facilities, assets and resources on the territory of a Member State, an EEA EFTA State or Ukraine, they may use their infrastructure, facilities, assets and resources which are located or held outside those territories, provided that such use does not contravene the security and defence interests of the Union and its Member States;

Or. en

Amendment 201

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vi a)

Text proposed by the CommissionAmendment
(vi a) By way of derogation from the conditions referred to in point (iii), a legal entity established in the Union, in an EEA EFTA State or in Ukraine and controlled by another third country or by another third-country entity may be a contractor involved in the common procurement if it has been subject to screening within the meaning of Regulation (EU) 2019/4528* and, where necessary, to appropriate mitigation measures, or if it provides guarantees verified by the Member State in which the contractor or subcontractor involved in the common procurement is established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the common foreign and security policy pursuant to Title V of the Treaty on European Union.
((Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union))

Or. en

Amendment 202

Merja Kyllönen

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;deleted

Or. fi

Amendment 203

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;deleted

Or. en

Amendment 204

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;deleted

Or. en

Amendment 205

Stefano Cavedagna

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/CE

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;deleted

Or. en

Justification

The criteria set out in points (iii) to (vii) of Article 28(2)(d) should not be introduced in the Defence Procurement Directive. They fail to distinguish between EU and national funds, imposing unwarranted conditionality on Member States’ sovereign budgetary decisions. Moreover, they add administrative burden and complexity, contradicting the Directive’s core objective of simplifying and accelerating defence procurement within the EU.

Amendment 206

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;(vii) the cost of components originating outside the Union, an EEA EFTA States or Ukraine shall not be higher than 20 % of the estimated cost of the components of the end product;’;

Or. en

Amendment 207

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda, Sven Mikser

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28point 3 – point d – point vii

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;(vii) the cost of components originating outside the Union, Ukraine or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;

Or. en

Amendment 208

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

DIRECTIVE 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 50 % of the estimated cost of the components of the end product;’;

Or. en

Amendment 209

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point d – point (vii)

Text proposed by the CommissionAmendment
(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 35 % of the estimated cost of the components of the end product;’;(vii) the cost of components originating outside the Union or an EEA EFTA States shall not be higher than 50% of the estimated cost of the components of the end product;’;

Or. en

Amendment 210

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28 – point 3 – point d (new) – point viia (new)

Text proposed by the CommissionAmendment
(vii a) the contractors involved in the common procurement have the ability to decide, without restrictions imposed by third countries other than EEA EFTA States or by entities from third countries other than EEA EFTA States, on the definition, adaptation and evolution of the design of the end product, including the legal authority to substitute or remove components that are subject to restrictions imposed by third countries other than EEA EFTA States or by entities from third countries other than EEA EFTA States.

Or. en

Amendment 211

Lucia Yar, Petras Auštrevičius, Marie-Agnes Strack-Zimmermann

Proposal for a directive

Article 2 – paragraph 1 – point 10 – point c

Directive 2009/81/EC

Article 28– point 3 – point da (new)

Text proposed by the CommissionAmendment
(d a) for contracts awarded pursuant to point (d), contracting authorities/entities shall publish a non-confidential award notice containing the subject-matter, total value, the participating Member States, and the justification for using point (d), including confirmation that the conditions set out in points (d)(i) to (vii) are fulfilled within 15 calendar days from the date of the award. This publication shall be without prejudice to the protection of classified information and commercially sensitive data.

Or. en

Amendment 212

Bart Groothuis, Ivars Ijabs, Marjan Šarec, Engin Eroglu, Jeannette Baljeu, Morten Løkkegaard, Hilde Vautmans, Petras Auštrevičius, Lucia Yar, Marie-Agnes Strack-Zimmermann, Svenja Hahn

Proposal for a directive

Article 2 – paragraph 1 – point 10 a (new)

Directive 2009/81/EC

Article 28 – point 6 (new)

Text proposed by the CommissionAmendment
(10 a) The following point 6 is inserted:
ea. Contracting authorities and entities may make use of the results of a completed European defence procurement procedure conducted in another Member State in accordance with this Directive, for identical supplies, works or services, without repeating the selection or award procedure, provided that the essential conditions remain unchanged.

Or. en

Justification

Member States hesitate to re-use existing procurement procedures, causing unnecessary delays. This amendment confirms that such re-use is legally possible, providing clarity and enabling faster, more efficient defence procurement.

Amendment 213

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 11

Directive 2009/81/EC

Article 29(2)

Text proposed by the CommissionAmendment
The term of a framework agreement may not exceed 10 years, except in exceptional circumstances determined by taking into account the expected service life of any delivered items, installations or systems, and the technical difficulties which a change of supplier may cause.;The term of a framework agreement may not exceed 20 years, except in exceptional circumstances determined by taking into account the expected service life of any delivered items, installations or systems, and the technical difficulties which a change of supplier may cause.;

Or. en

Amendment 214

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 11 a (new)

Directive 2009/81/EC

Article 29 – paragraph 5 (new)

Text proposed by the CommissionAmendment
(11 a) in Article 29, the following fifth paragraph is inserted:
‘5a. A contracting authority/entity from another Member State may, with the agreement of the contracting authorities/entities already involved and the selected tenderer or candidate and where the terms of the framework agreement so allow, join an existing framework agreement during its period of validity. Such participation shall not entail substantial modifications to the essential terms of the framework agreement. The possibility of such accession may be provided for in the original procurement documents or agreed upon subsequently where justified by considerations of interoperability, efficiency, or the synchronisation of capability life cycles’.

Or. en

Amendment 215

Kamila Gasiuk-Pihowicz

Proposal for a directive

Article 2 – paragraph 1 – point 12

Directive 2009/81/EC

Article 29a

Text proposed by the CommissionAmendment
1. For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the contracting authorities/entities, contracting authorities/entities may use a dynamic purchasing system. The dynamic purchasing system shall be operated as a completely electronic process and shall be open throughout the period of validity of the purchasing system to any economic operator that satisfies the selection criteria. It may be divided into categories of products, works or services that are objectively defined on the basis of characteristics of the procurement to be undertaken under the category concerned. Such characteristics may include reference to the maximum allowable size of the subsequent specific contracts or to a specific geographic area in which subsequent specific contracts will be performed.1. For commonly used purchases of standardized military equipment and its components the characteristics of which, meet the requirements of the contracting authorities/entities, contracting authorities/entities may use a dynamic purchasing system. The dynamic purchasing system shall be operated as a completely electronic process and shall be open throughout the period of validity of the purchasing system to any economic operator that satisfies the selection criteria. It may be divided into categories of products, works or services that are objectively defined on the basis of characteristics of the procurement to be undertaken under the category concerned. Such characteristics may include reference to the maximum allowable size of the subsequent specific contracts or to a specific geographic area in which subsequent specific contracts will be performed.

Or. en

Justification

Military equipment is not generally available on the market, but rather these products are subject to concessions and limitations, products being often tailored for every army. Therefore, rather than generally available products, this article should rather refer to standardized military equipment and its components.

Amendment 216

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 12

Directive 2009/81/EC

Article 29a – paragraph 4 – point a

Text proposed by the CommissionAmendment
(a) publish a call for competition making it clear that a dynamic purchasing system is involved;(a) publish a call for competition making it clear that a dynamic purchasing system is involved and the reason for it;

Or. en

Amendment 217

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 12

Directive 2009/81/EC

Article 29a – paragraph 5 – third subparagraph

Text proposed by the CommissionAmendment
Contracting authorities/entities shall inform the economic operator concerned at the earliest possible opportunity of whether or not it has been admitted to the dynamic purchasing system.Contracting authorities/entities shall inform the economic operator concerned at the earliest possible opportunity of whether or not it has been admitted to the dynamic purchasing system and the reasons why.

Or. en

Amendment 218

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 12

Directive 2009/81/EC

Article 29a – paragraph 6 – second subparagraph

Text proposed by the CommissionAmendment
They shall award the contract to the tenderer that submitted the best tender on the basis of the award criteria set out in the contract notice for the dynamic purchasing system or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest. Those criteria may, where appropriate, be formulated more precisely in the invitation to tender.They shall award the contract to the tenderer that submitted the best tender on the basis of the price-quality award criteria set out in the contract notice for the dynamic purchasing system in accordance with Article 47(1)(a) or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest. Those criteria shall, where applicable, be formulated more precisely in the invitation to tender.

Or. en

Amendment 219

Bart Groothuis, Engin Eroglu, Jeannette Baljeu, Morten Løkkegaard, Hilde Vautmans, Petras Auštrevičius

Proposal for a directive

Article 2 – paragraph 1 – point 17

2009/81/EC

Article 46a – paragraph 2 – second subparagraph

Text proposed by the CommissionAmendment
In the restricted procedure the minimum number of candidates shall be five. In the negotiated procedure with publication of a contract notice, in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates shall be three. In any event the number of candidates invited shall be sufficient to ensure genuine competition.In the restricted procedure the minimum number of candidates shall be five. In the negotiated procedure with publication of a contract notice, in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates shall be two. In any event the number of candidates invited shall be sufficient to ensure genuine competition.

Or. en

Justification

Amendment allows for greater flexibility for Member States who often collaborate bilaterally on defence projects.

Amendment 220

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 17

Directive 2009/81/EC

Article 46a – paragraph 2 – third subparagraph

Text proposed by the CommissionAmendment
The contracting authorities/entities shall invite a number of candidates at least equal to the minimum number. However, where the number of candidates meeting the selection criteria and the minimum levels of ability as referred to in Article 38(3) is below the minimum number, the contracting authority/entity may continue the procedure by inviting the candidates with the required capabilities. In the context of the same procedure, the contracting authority/entity shall not include economic operators that did not request to participate, or candidates that do not have the required capabilities.The contracting authorities/entities shall invite a number of candidates at least equal to the minimum number. However, where the number of candidates meeting the selection criteria and the minimum levels of ability as referred to in Article 38(3) is below the minimum number, the contracting authority/entity may continue the procedure by inviting the candidates with the required capabilities. In the context of the same procedure, the contracting authority/entity shall not include economic operators that did not request to participate, or candidates that do not meet the criteria indicated in the contract notice or in the invitation to confirm interest and related procurement documents;

Or. en

Amendment 221

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 17

Directive 2009/81/EC

Article 46b

Text proposed by the CommissionAmendment
Where contracting authorities/entities exercise the option of reducing the number of tenders to be negotiated as provided for in Article 26(3) or of solutions to be discussed as provided for in Article 27(4), they shall do so by applying the award criteria stated in the procurement documents. In the final stage, the number arrived at shall make for genuine competition in so far as there are enough tenders, solutions or qualified candidates.;Where contracting authorities/entities exercise the option of reducing the number of tenders to be negotiated as provided for in Article 26(3) or of solutions to be discussed as provided for in Article 27(4), they shall do so by applying the award criteria stated in the procurement documents, which shall be objective and non-discriminatory. In the final stage, the number arrived at shall make for genuine competition in so far as there are enough tenders, solutions or qualified candidates.;

Or. en

Amendment 222

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 – point b – point ii

Text proposed by the CommissionAmendment
(ii) would cause significant inconvenience or substantial duplication of costs for the contracting authority/entity;(ii) would cause proven significant inconvenience or substantial duplication of costs for the contracting authority/entity;

Or. en

Amendment 223

Alexandr Vondra, Ondřej Krutílek

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 –point b

Text proposed by the CommissionAmendment
However, any increase in price shall not exceed 50 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;However, any increase in price shall not exceed 100 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;

Or. en

Justification

In the paragraph stating:“However, any increase in price shall not exceed 50% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive,” we propose changing the value “50%” to “100%”.

Amendment 224

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Articla 49a – paragraph 1 –point (b)

Text proposed by the CommissionAmendment
However, any increase in price shall not exceed 50 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;However, any increase in price shall not exceed 80 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;

Or. en

Amendment 225

Reinis Pozņaks

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 –point b

Text proposed by the CommissionAmendment
However, any increase in price shall not exceed 50 % of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;However, any increase in price shall not exceed 30% of the value of the original contract. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;

Or. en

Justification

In defence procurement, contracts can already be very large, so 50 % will likely represent huge amounts. Thisweakens competitive pressure, since authorities may rely on modifications rather than new tenders. We cannot import this clause from the General Procurement Directive of 2014 into the defense sector where the value of contracts is among the biggest in any industry

Amendment 226

Reinis Pozņaks

on behalf of the ECR Group

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 –point c–point (iii)

Text proposed by the CommissionAmendment
(iii) any increase in price is not higher than 50 % of the value of the original contract or framework agreement. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;(iii) any increase in price is not higher than 30 % of the value of the original contract or framework agreement. Where several successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed at circumventing this Directive;

Or. en

Amendment 227

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 –point e (new)

Text proposed by the CommissionAmendment
(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 2.(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 3.

Or. en

Amendment 228

Pierfrancesco Maran, Yannis Maniatis, Raphaël Glucksmann, Costas Mavrides, Brando Benifei, José Cepeda

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 1 – point e

Text proposed by the CommissionAmendment
(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 2.(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 3.

Or. en

Amendment 229

Klara Dostalova

Proposal for a directive

Article 2 – paragraph 1 – point 18

Directive 2009/81/EC

Article 49a – paragraph 3a (new)

Text proposed by the CommissionAmendment
Furthermore, and without any need to verify whether the conditions set out under points (a) to (d) of paragraph 3 are met, contracts may equally be modified without a new procurement procedure in accordance with this Directive if necessary where the value of the modification is below both of the following values:
(a) the thresholds set out in Article 8; and
(b) 20 % of the initial contract value for service and supply contracts and 30 % of the initial contract value for works contracts. However, the modification may not alter the overall nature of the contract or framework agreement. Where several successive modifications are made, the value shall be assessed on the basis of the net cumulative value of the successive modifications.

Or. en

Justification

We propose changing the de minimis value for modifications of a contract without a new procurement to at least 20 % for service and supply contracts and 30 % for works contracts, as this would bring additional flexibility for the Member States and reduce administrative burde

Amendment 230

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 18 a (new)

Directive 2009/81/EC

Article 50a (new)

Text proposed by the CommissionAmendment
(18 a) the following Article 50a is inserted:
Article 50a – Industrial participation and licensing opportunities in supply contracts
1. In supply contracts for the supply of defence products, a contracting authority/entity may require the successful tenderer or candidate to offer, under fair and non-discriminatory conditions, licensing or participation opportunities to non-selected tenderers or candidates established in the Union or in associated countries or in Ukraine, for the purpose of contributing to the execution of the contract, in accordance with the terms and conditions agreed between the successful tenderer and the contracting authority or contracting entity.
2. Such arrangements shall allow participating undertakings to manufacture, assemble or supply components or subsystems of the procured supply, provided that they comply with all applicable security, confidentiality and quality requirements under the contract notice, this Directive and relevant national laws.
3. The successful tenderer shall retain overall responsibility for performance of the contract vis-à-vis the contracting authority/entity.
4. The Commission shall facilitate the exchange of best practices among Member States and may, where appropriate, issue guidance to ensure the effective and coherent implementation of this Article, taking due account of the protection of intellectual property rights and the safeguarding of essential security interests.
5. This Article shall be without prejudice to measures necessary to protect classified information or national security interests.
6. This Article shall only apply when the successful tenderer or candidate has the ability to decide, without restrictions imposed by third countries other than EEA EFTA States or by entities from third countries other than EEA EFTA States, on the definition, adaptation and evolution of the design of the end product, including the legal authority to substitute or remove components that are subject to restrictions imposed by third countries other than EEA EFTA States or by entities from third countries other than EEA EFTA States.

Or. en

Amendment 231

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 2 – paragraph 1 – point 19

Directive 2009/81/EC

Article 68

Text proposed by the CommissionAmendment
(19) Articles 65, 66 and 68 are deleted.(19) Article 68 is deleted.

Or. en

Amendment 232

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 19 b (new)

Directive 2009/81/EC

Article 68

Text proposed by the CommissionAmendment
(19 b) Article 68 is deleted.

Or. en

Amendment 233

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 19

Directive 2009/81/EC

Article 65

Text proposed by the CommissionAmendment
(19) Articles 65, 66 and 68 are deleted.(19) Article 65 is replaced by the following:
‘Article 65
In order to permit assessment of the results of applying this Directive, the European Defence Agency with the support of Member States shall forward to the Commission and Parliament a statistical report, prepared in accordance with Article 66, addressing supply, services and works contracts awarded by contracting authorities/entities during the preceding year, by no later than 31 October of each year. By way of derogation, the obligation set out in paragraph 1 shall be temporarily suspended until 31 December 2030, corresponding to the Union’s defence readiness planning horizon. During the suspension period, the Commission shall, in cooperation with the European Defence Agency and Member States, review the necessity, proportionality and effectiveness of the statistical reporting mechanism referred to in paragraph. The Commission shall submit a review report to the European Parliament and to the Council no later than 30 June 2030, accompanied, where appropriate, by legislative proposals to maintain, amend, or permanently discontinue such statistical reporting obligations. Expenditure to which the implementation of this article gives rise shall be charged to the Union budget.’

Or. en

Amendment 234

Pekka Toveri, Anna-Maja Henriksson

Proposal for a directive

Article 2 – paragraph 1 – point 19 a (new)

Directive 2009/81/EC

Article 66

Text proposed by the CommissionAmendment
(19 a) Article 66 is replaced by the following:
‘Article 66 Content of the statistical report
The statistical report prepared by the European Defence Agency shall specify the number and value of contracts awarded, by Member State or third country of the successful tenderer. It shall address, separately, supply, services and works contracts. The data referred to in the first paragraph shall be broken down by procedure used and shall specify, for each procedure, supplies, services and works identified by group of the CPV nomenclature. Where contracts have been concluded in accordance with the negotiated procedure without publication of a contract notice, the data referred to in the first paragraph shall also be broken down by the circumstances referred to in Article 28. The content of the statistical report shall be determined in accordance with the advisory procedure referred to in Article 67(2)’.

Or. en

Amendment 235

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
Member States shall adopt and publish, by […]at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.Member States shall adopt and publish, by [6 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Or. en

Amendment 236

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
They shall apply those provisions from […].They shall apply those provisions from [12 months after the entry into force of this Directive].

Or. en

Amendment 237

Hannah Neumann, Reinier Van Lanschot

on behalf of the Verts/ALE Group

Proposal for a directive

Article 3 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2 a. By [XX months after the entry into application of this Directive], the Commission shall assess the contribution of this Directive to the Defence Readiness 2030 objectives, in particular concerning progress made towards increasing the share of defence equipment procured in the Union in a collaborative manner, the share of intra-EU defence trade, and the share of Member States defence equipment that is procured within the Union, and to report it to the European Parliament and to the Council.

Or. en

Amendment 238

Klara Dostalova

Proposal for a directive

Article 3 a (new)

Text proposed by the CommissionAmendment
Article3a
Review
The Commission shall periodically at least once a year review the application of this Directive on third counties except for EEA, EFTA States. Where necessary, the Commission's report shall be accompanied by a legislative proposal.

Or. en