Sittings · Document
Draft report (COM(2025)0822 – 2025/0176(COD)) 2025-10-29
Amending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defence readiness and facilitating defence investments and conditions for defence industry
Committee on Security and Defence Committee on the Environment, Climate and Food Safety Committee on Industry, Research and Energy
Amendment 1
Lynn Boylan, Marc Botenga
Proposal for a regulation
–
| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
Or. en
Amendment 2
Lynn Boylan
on behalf of The Left Group
Marc Botenga
Proposal for a regulation
–
| Proposal for rejection | |
| The European Parliament rejects [the Commission proposal]. |
Or. en
Amendment 3
Lynn Boylan, Marc Botenga
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | deleted |
Or. en
Amendment 4
Matej Tonin, Alice Teodorescu Måwe
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. Whereas the proposal represents an initial step towards simplifying the regulatory framework and facilitating defence investments, while the measures currently proposed do not sufficiently address the practical challenges faced by defence industries, particularly small and medium-sized enterprises, and further adjustments are essential to ensure that simplification objectives translate into tangible benefits for industry, enhance competitiveness and innovation, and strengthen the Union’s strategic autonomy and defence preparedness by 2030. |
Or. en
Amendment 5
Engin Eroglu
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | (1) In order to facilitate investments by Member States in defence, it is necessary to comprehensively reduce administrative burdens associated with defence readiness. This targeted deregulation is intended to stimulate industrial output straight away, thereby ensuring Member States’ defence readiness by 2030 in the face of the acute threat posed by Russian aggression and hybrid attacks. |
Or. de
Amendment 6
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | (1) To facilitate member states' investments in defense, it is necessary to remove administrative burden for defense readiness and to expedite approval and authorization procedures. This simplification will support the growth of the defense industry over time, particularly for small and medium-sized enterprises, and contribute to the defense readiness of the member states. |
Or. en
Justification
This amendment emphasises the need to remove administrative burdens and accelerate authorisation procedures related to defence readiness. A more efficient regulatory environment supports timely industrial responses and ensures that the European defence industry can react quickly to security challenges.
Amendment 7
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness, under well-regulated conditions and for a clearly-defined period. This facilitation will support the growth, as a priority, of the European defence industry over time, and contribute to support the defence readiness of Member States. |
Or. ro
Amendment 8
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Antonín Staněk, Jana Nagyová, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
| (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for defence readiness. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. | (1) In order to facilitate investments by Member States in defence, it is necessary to remove regulatory burdens for stakeholders in the industrial and technological base of the European defence sector. This facilitation will support the defence industry’s growth over time and contribute to support the defence readiness of Member States. |
Or. fr
Amendment 9
Lynn Boylan, Marc Botenga
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) The climate and biodiversity crisis is the greatest existential threat to human and planetary security and global military emissions account for approximately 5.5% of global greenhouse gas emissions. |
Or. en
Amendment 10
Matej Tonin, Alice Teodorescu Måwe, Michał Szczerba
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate the ramp-up of the defence industry, often national legislation and implementation hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 where necessary in the interest of defence, including for defence readiness. | (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate the ramp-up of the defence industry, often national legislation and implementation hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 where necessary in the interest of defence, including for defence readiness. Where a substance is exempted for defence purposes, Member States shall extend such an exemption to civil applications in cases where the substance or process serves both defence and civil purposes (“dual-use applications”). Any such extension shall be implemented in a manner that ensures the continued availability of the substance on the market, while maintaining appropriate safeguards for health, safety, and the environment. |
| _________________ | _________________ |
| 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). | 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). |
Or. en
Amendment 11
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate the ramp-up of the defence industry, often national legislation and implementation hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 where necessary in the interest of defence, including for defence readiness. | (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate cross-border cooperation between EU Member States and the ramp-up of the European defence industry, often national legislation and implementation hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 – which respects the principle of national sovereignty, security and loyalty to one’s country – where necessary in the interest of defence, including for defence readiness, and if exemptions are to exist, they will need to. |
| _________________ | _________________ |
| 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). | 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). |
Or. ro
Amendment 12
Engin Eroglu
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
| (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate the ramp-up of the defence industry, often national legislation and implementation hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 where necessary in the interest of defence, including for defence readiness. | (2) While several instruments of Union legislation provide the necessary flexibility for Member States to take actions to facilitate the ramp-up of the defence industry, often national legislation and implementation, as well as widespread regulatory and legal uncertainty in the industry regarding the implementation of given standards, hamper defence readiness. This is for example the case with the possibility for Member States to use exemptions from Regulation (EC) No 1907/2006 of the European Parliament and of the Council1 where necessary in the interest of defence, including for defence readiness. |
| _________________ | _________________ |
| 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). | 1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–849, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). |
Or. de
Amendment 13
Krzysztof Hetman, Adam Jarubas
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. While defence-related production itself has only a marginal impact on overall greenhouse gas emissions, the input materials it relies on, such as steel, cement and chemicals, are covered by the EU Emissions Trading System (EU ETS), and that the emmission alowances increase the cost of defence-related production at a time when its capacity must be reinforced. Therefore a legislative proposal to reform the ETS Directive in a way that ensures that production destined for defence purposes is exempt from emission trading system cost is essential; |
Or. en
Amendment 14
Matej Tonin
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. While addressing environmental and health concerns remains a priority, any future regulatory action should be proportionate, risk-based and take into account the lack of viable alternatives for critical applications in the defence sector. It is necessary to ensure that the future restriction does not compromise the Union’s strategic autonomy and industrial resilience. |
Or. en
Amendment 15
Elena Donazzan, Alberico Gambino
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. The revision of Regulation (EC) No 1907/2006 should aim to reconcile the need for specific exemptions with the overarching objective of maintaining a well-functioning internal market. Achieving this balance is essential for the development of an innovative and competitive industrial base in the defence sector. |
Or. en
Amendment 16
Jussi Saramo
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. Therefore, the Commission should ensure that the existing framework is applied consistently and effectively across the Union. The current Regulation already provides sufficient flexibility for national defence exemptions; however, varying national approaches have limited its uniform application. The Commission should therefore review and, where necessary, clarify its guidance and other interpretative tools, such as the Code of Conduct on REACH defence exemptions, to guarantee a coherent and proportionate application throughout the Union, while ensuring that, whenever possible, defence and security needs are balanced with the protection of human health and the environment. |
Or. en
Amendment 17
Lynn Boylan, Marc Botenga
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. It is also fundamental to recognise that defence and security policy are a competence of Member States and no Union policy should be pursued where it would compromise such competences, in particular for those countries who are neutral. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. |
Or. en
Amendment 18
Engin Eroglu
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility, greater swiftness and regulatory clarity and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that the flexibility provided for in Regulation (EC) No 1907/2006 is not being fully utilised in some Member States or is not being used owing to legal uncertainty and a lack of information about the existing room for manoeuvre. The current defence exemption should therefore be substantially extended and clarified in order to ensure legal certainty, remove unnecessary barriers and enable faster and more decisive action to be taken. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. |
Or. de
Amendment 19
Massimiliano Salini, Letizia Moratti
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. It is important that the revision of Regulation EC n. 1907/2006 reconciles these exemptions with the internal market´s functioning, in the interest of a thriving industrial policy in the sector of defence. |
Or. en
Amendment 20
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of European defence readiness. Flexibility, agility and cross-border cooperation between Member States are required to safeguard national and Union security interests, reflecting the imperilled international context and the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter, and clearly established and defined actions. It is therefore appropriate to broaden the scope of existing national European defence exemptions for Member States within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. |
Or. ro
Amendment 21
Jana Nagyová
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, taking into account the deteriorating geopolitical situation and the energy policies of the Member States, which acknowledge the specific requirements of defence production. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. |
Or. en
Amendment 22
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 was designed under peacetime conditions and should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain an ambitious and high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and defence-related security needs with the core principle of high health and environmental protection. |
Or. en
Amendment 23
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of specific defence interests. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions for defence-specific applications as necessary, while maintaining the fundamental responsibility to achieve a high level of protection for human health and the environment. |
Or. en
Justification
The COM proposal makes no reference to "defence readiness" in the operative part of the amendment to REACH. It therefore does not make sense to refer to this broad concept in the recitals with regard to REACH. The current REACH text already provides for flexibility for Member States to grant exemptions in specific cases for certain substances. It is bad practice to propose changing the law just because some MS do not fully take into account existing flexibility. That said, it could be acceptable to broaden the scope of national exemptions, provided that it remains limited to defence-specific applications. That avoids undue use of exemptions for dual-use substances, which could have undesirable consequences with regard to the protection against harmful substances in civilian applications.
Amendment 24
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions for specific uses in defence applications only as necessary, while maintaining a high level of protection for human health and the environment and providing for the highest safety and traceability standards possible. |
Or. en
Amendment 25
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Antonín Staněk, Jana Nagyová, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
| (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader exemptions as necessary, while maintaining the fundamental responsibility to balance defence and security needs with health and environmental protection. | (3) The legal framework established by Regulation (EC) No 1907/2006 should be adapted to the objective of defence readiness. Flexibility and agility are required to safeguard national and Union security interests, reflecting the worsened geopolitical situation. At the same time, it is fundamental to maintain a high level of protection for human health and the environment. There are indications that national implementations of Regulation (EC) No 1907/2006 in some Member States do not fully take into account the flexibility provided by that Regulation. The current defence exemption can be improved to ensure legal certainty and allow for swifter actions. It is therefore appropriate to broaden the scope of existing national defence exemptions within Regulation (EC) No 1907/2006, providing Member States with the possibility to authorise broader and long-term exemptions for defence and security needs, while taking account of health and environmental protection. |
Or. fr
Amendment 26
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) In addition, the direct and indirect impacts of restrictions on the manufacturing and supply chains of essential products for defense purposes must be significantly more considered within the framework of the socioeconomic assessment. In particular, the availability from European sources, the speed of capacity expansion, and the avoidance of dependencies on non-European sources should be adequately weighted. Overall, there is a need to prioritize measures that eliminate obstacles to increasing production in the defense sector. |
Or. en
Justification
The amendment broadens the scope of defence-related exemptions under REACH to ensure that national authorities can respond swiftly to operational and industrial defence needs. It preserves safety provisions while allowing flexibility in exceptional circumstances linked to defence requirements.
Amendment 27
Jana Nagyová
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) The continued use of PFAS under Regulation (EC) No 1907/2006 in certain industrial applications remains indispensable for critical uses, in particular in the health, defence, semiconductor and other strategic sectors, where no adequate alternatives ensuring an equivalent level of performance and safety are currently available; it is therefore appropriate to permit such uses under strictly controlled conditions and for a limited period of time, until suitable substitutes have been developed and become available. |
Or. en
Amendment 28
Lynn Boylan, Marc Botenga, Jussi Saramo
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 and Regulation (EU) No 528/2012 of the European Parliament and of the Council3 to ensure a coherent regulatory environment for defence readiness. | deleted |
| _________________ | |
| 2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/1272/oj). | |
| 3 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj). |
Or. en
Amendment 29
Matej Tonin, Alice Teodorescu Måwe, Michał Szczerba
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 and Regulation (EU) No 528/2012 of the European Parliament and of the Council3 to ensure a coherent regulatory environment for defence readiness. | (4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 and Regulation (EU) No 528/2012 of the European Parliament and of the Council3 to ensure a coherent regulatory environment for defence readiness, whereas, defence exemptions and related chemical legislation shall be harmonised to provide consistent wording and scope, allowing Member States to grant exemptions without restrictive conditions in the defence industry, while ensuring legal clarity across all acts, and similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption. |
| _________________ | _________________ |
| 2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/1272/oj). | 2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/1272/oj). |
| 3 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj). | 3 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj). |
Or. en
Amendment 30
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Recital 4
| Text proposed by the Commission | Amendment |
| (4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 and Regulation (EU) No 528/2012 of the European Parliament and of the Council3 to ensure a coherent regulatory environment for defence readiness. | (4) Similar changes should be made to other legal acts related to chemicals providing for an equivalent national exemption, namely Regulation (EC) No 1272/2008 of the European Parliament and of the Council2 and Regulation (EU) No 528/2012 of the European Parliament and of the Council3 to ensure a coherent regulatory environment for defence readiness. To ensure a harmonised and solely defence readiness focussed implementation of the extended exemptions across Member States, the Commission should adopt clear implementation criteria in the form of specific guidelines. Member States with a code of conduct on how to handle defence exemptions already in place should update their code in line with these criteria. |
| _________________ | _________________ |
| 2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/1272/oj). | 2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1, ELI: http://data.europa.eu/eli/reg/2008/1272/oj). |
| 3 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj). | 3 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj). |
Or. en
Justification
Ensuring harmonised and correct implementation is crucial in the interest of the single market, and also given the fact that restrictive national interpretations of existing exemptions is cited as one of the main obstacles hindering defence readiness. It is essential that the Commission establishes clear criteria to support aligned interpretations of the widened exemptions in support of the internal market and our defence readiness. Further, a lack of clear criteria could lead to potential misinterpretations of what constitutes actions in the interest of defence, extending the scope of implementation to broader actions such as, for example, IT infrastructure. Finally, specific exemptions which have been applied by MS should continuously be time-limited, evaluated, followed up by proportional control and clearly linked to defence readiness objectives.
Amendment 31
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) Member States retain the competence to grant exemptions for the use of substances in defence applications pursuant to Article 2(3) of Regulation (EC) No 1907/2006 and comparable provisions in sector-specific legislation. Such exemptions should not compromise the Union’s commitment to ensuring a high level of protection of human health and the environment and must be applied stringently and consistently, in accordance with the precautionary principle laid down in Article 191 TFEU. Moreover, robust safeguards that guarantee effective monitoring and mitigation measures throughout the lifecycle of exempted substances must accompany these exemptions. Member States should also ensure that workers handling exempted substances, including military personnel, civilian defence workers, and contractors, benefit from adequate protective measures equivalent to those afforded in civilian applications, taking into account the specific operational requirements of defence activities. Furthermore, environmental monitoring programmes should be established to assess and mitigate any adverse impacts resulting from the use of exempted substances, particularly regarding soil and water contamination, air quality, and ecosystem integrity in the vicinity of defence installations and training areas. |
Or. en
Amendment 32
Radan Kanev
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) Where manufacturing facilities are used for both civil and defence production, the defence exemptions should attach only to operations and output serving exclusively the interests of defence, and not to civil manufacturing carried out on the same site. Where defence needs require a production line ordinarily dedicated to civil use to be temporarily repurposed for defence manufacturing, the exemption should apply for as long as the line is designated for defence production, within the period and scope notified to the competent authority. |
Or. en
Amendment 33
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) While the widening of existing defence exemptions in Article 2 (3) of Regulation (EC) No 1907/2006, Article 1 (4) of Regulation (EC) No 1272/2008 and Article 2 (8) of Regulation (EU) No 528/2012 is needed and justified in light of the worsening geopolitical situation, the Commission should in five-year intervals, reassess whether this justification is still applicable. |
Or. en
Amendment 34
Radan Kanev
Proposal for a regulation
Recital 4 b (new)
| Text proposed by the Commission | Amendment |
| (4b) The Commission’s Staff Working Document accompanying the Defence Industrial Strategy (SWD(2024) 515) notes that the European defence industrial base remains fragmented and specialised, and that shifting civilian capacity into defence is constrained by certification, security and quality requirements, meaning that civilian production lines cannot simply be converted to defence use overnight. This reflects that defence manufacturing generally operates on dedicated and controlled lines and supply chains, distinct from civilian production; even where facilities serve both markets, activities are usually contractually and operationally segregated, though temporary repurposing of civil lines for defence production may occur when required by defence needs. In this context, Articles 3a and 3b of this Regulation should ensure that the omnibus exemptions are calibrated to this defence-line reality, while recognising the contribution that dual-use technologies and shared industrial capacities can make to strengthening Europe’s defence readiness. |
Or. en
Amendment 35
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Recital 4 b (new)
| Text proposed by the Commission | Amendment |
| (4b) Exemptions should be followed up by incentives and support for industrial development and implementation of alternatives with a lower risk profile. |
Or. en
Amendment 36
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Antonín Staněk, Jana Nagyová, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. | (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs, notably the smooth running of the defence industry and all of its value chains, should be addressed, including outside crisis situations, in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. In this regard, it is important to emphasise the need for broader exemptions for the defence sector. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. |
| _________________ | _________________ |
| 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). | 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). |
Or. fr
Amendment 37
Matej Tonin, Alice Teodorescu Måwe
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. | (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. Particular consideration should be given to defence and security interests to ensure that measures under the Convention do not compromise the Union’s strategic autonomy or the operational effectiveness of the defence sector. |
| _________________ | _________________ |
| 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). | 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). |
Or. en
Amendment 38
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. | (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union, between the Member States, before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance, while also prioritising EU states in all respects. |
| _________________ | _________________ |
| 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). | 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). |
Or. ro
Amendment 39
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
| (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus, defence readiness needs should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. | (5) Regulation (EU) 2019/1021 of the European Parliament and of the Council4 implements the Stockholm Convention on Persistent Organic Pollutants and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants. A party cannot grant exemptions once a decision has been adopted under the Convention to list a chemical in Annex A, B or C to the Convention beyond those granted under the Convention, unless the Party does not accept that listing; thus the specificities of the defence sector should be addressed in preparatory stages in the Union before prohibitions or restrictions are established at the international level in the Convention. For this reason, it is important that relevant information is collected, assessed and submitted for the purpose of the risk management evaluation stage within the process of listing a substance within the Convention, as it is at that stage where the Persistent Organic Pollutants Review Committee may consider potential exemptions from possible control measures for that substance. |
| _________________ | _________________ |
| 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). | 4 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45 ELI: http://data.europa.eu/eli/reg/2019/1021/oj). |
Or. en
Justification
Defence readiness is too broad a concept to be used when collecting, assessing and submitting information related to the risk management evaluation of persistent organic pollutants. This could have undue effects with regard to the risk management of dual-use persistent organic pollutants. Instead, it is more appropriate to clarify that the specificities of the defence sector should be taken into account in the context of risk management evaluation.
Amendment 40
Lynn Boylan, Marc Botenga, Jussi Saramo
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | deleted |
Or. en
Amendment 41
Jussi Saramo
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. Such exemptions should be limited in scope and applied only in duly justified and exceptional cases where disclosure would seriously compromise national or Union defence and security interests. They should be restricted to the specific information concerned and should not affect other reporting obligations. Where an exemption is used, the Member State should inform the Commission thereof and provide the reasons for its application. The exemptions should not affect the collection, assessment or submission of other information necessary for fulfilling Union and Member State obligations under international conventions, nor undermine the objectives of Regulation (EU) 2019/1021. |
Or. en
Amendment 42
Matej Tonin
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. Whereas areas relating to defence interests require a clear and consistent understanding; whereas the concept of “interests of defence” remains broad and insufficiently defined, and providing a clear definition is essential to ensure consistency, transparency, and legal certainty in the application of exemptions, to prevent misuse, and to maintain an appropriate balance that prioritises defence needs while taking into account public health and environmental protection. |
Or. en
Amendment 43
Lynn Boylan
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, in a manner consistent with international and Union law, in particular the United Nations Economic Commission for Europe Convention and Regulation (EC) No 1367/2006, be allowed to make temporary exemptions, with such exemptions expiring after a period of one year, from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. |
Or. en
Amendment 44
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information, strictly respecting the sovereignty and independence of the Member States without imperilling the democratic principles of the Union. |
Or. ro
Amendment 45
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and defence-related security interests, for the purpose of protecting sensitive information. |
Or. en
Amendment 46
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence interests, for the purpose of protecting sensitive information. |
Or. en
Justification
Member States should have a right not to disclose certain information pertaining to the implementation of the POPs Regulation on the grounds of national and Union defence interests. This Omnibus tackles the subject of facilitating defence readiness, and does not deal with a broader context of national or security interests, be it economic, financial, cultural, social etc. It is therefore necessary to amend this recital to make clear that the exemption applies only to defence interests.
Amendment 47
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
| (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence and security interests, for the purpose of protecting sensitive information. | (6) It cannot be excluded that information on the use of chemical substances contains sensitive information that needs to be protected. Member States should therefore, with due regard to international law, be allowed to make exemptions from the reporting requirements provided for in article 13(1) of Regulation (EU) 2019/1021 on grounds of protection of national or Union defence interests, for the purpose of protecting sensitive information. |
Or. en
Justification
National security goes way beyond defence. National security is therefore out of scope of the defence omnibus. As such, in the context of the defence omnibus, exemptions on reporting in the context of the POPs Regulation may be introduced for defence interests, but not for national security interests.
Amendment 48
Radan Kanev
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6a) To avoid too divergent national interpretations of the broadened defence exemption, to prevent market fragmentation in defence procurement and to preserve a high level of protection of human health and the environment, Commission should issue guidance on the consistent application of Article 2(3) of Regulation (EC) No 1907/2006, of Article 1(4) of Regulation (EC) No 1272/2008 and of Article 2(8) of Regulation (EU) No 528/2013 in close cooperation with Member States and stakeholders. Those should help ensure a uniform approach among competent authorities for all economic operators, including non-EU companies placing substances, mixtures or articles on the Union market, and help prevent market fragmentation, notably in the context of cooperative and joint procurement programmes. The guidance should be simple and proportionate and promote uniform practice. Without prejudice to Council Decision 2011/411/CFSP establishing the European Defence Agency, the Council is invited, within its remit, to ensure that cooperative frameworks in the defence field, including the principles reflected in the European Defence Agency’s Code of Conduct on REACH defence exemptions, are kept under review so as to support coherent and transparent practices across the Union. |
Or. en
Amendment 49
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6a) The Defence Readiness Roadmap 2030, the Drone Defence Initiative and the Eastern Flank Watch together with the European Air Shield and European Space Shield constitute urgent flagship actions essential to strengthening Europe’s defence capabilities to effectively adress a broad spectrum of threats, including hybrid operations, Russia’s shadow fleet and the risk of armed aggression. The European Defence Fund should contribute to the implementation and achievement of the objectives set out in these urgent flagship actions, thereby reinforcing the Union’s strategic autonomy and resilience in the face of evolving security challenges; |
Or. en
Amendment 50
Virgil-Daniel Popescu
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6a) Defence readiness also relies on secure, affordable and resilient access to energy. Energy infrastructure, including nuclear energy where compliant with the highest safety standards, is a key enabler of industrial and operational resilience. The European Defence Technological and Industrial Base (EDTIB) should therefore be reinforced by ensuring reliable access to energy, diversification of supply sources, and deployment of clean and efficient technologies, including advanced nuclear and small modular reactors (SMRs), to enhance the self-sufficiency of defence-related facilities. |
Or. en
Justification
Introduces the energy and nuclear dimension of defence readiness, stressing that resilience depends on secure and autonomous energy systems.
Amendment 51
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Recital 6 a (new)
| Text proposed by the Commission | Amendment |
| (6a) The European defense industry is largely characterized by medium-sized enterprises. To ensure their competitiveness and innovative strength, the procedures and programs of Union law should be designed in such a way that SMEs have easy and prioritized access to funding and contracts, without being hindered by excessive regulatory requirements. |
Or. en
Justification
This recital highlights the structural importance of small and medium-sized enterprises (SMEs) within the European defence sector. Simplified access to EU programmes and funding would strengthen the participation of innovative SMEs, enhance supply chain resilience, and contribute to the competitiveness of the European defence industrial base.
Amendment 52
Virgil-Daniel Popescu
Proposal for a regulation
Recital 6 b (new)
| Text proposed by the Commission | Amendment |
| (6b) Strengthening defence readiness also requires reducing dependencies on external suppliers for critical raw materials, including all equipment related to renewable energy, and nuclear fuels. The Union should promote secure and diversified nuclear fuel cycles, including the development of European enrichment and reprocessing capabilities and the recycling of critical materials used in advanced defence and energy technologies. |
Or. en
Justification
Justification: Highlights autonomy in critical raw materials and nuclear fuel as a condition for defence and industrial resilience.
Amendment 53
Davor Ivo Stier
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. | (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. To ensure a genuinely competitive and inclusive European defence industrial base, the participation of small and medium-sized enterprises (SMEs) and small mid-caps (SMCs) across all Member States should be facilitated and promoted. The administrative burden linked to participation in the European Defence Fund should be further reduced, and procedures should be simplified in practice. Specific attention should be given to cross-border SMEs and SMCs to ensure fair and equitable access to calls for proposals throughout the Union. Furthermore, a joint EU policy framework should be established to allow for the accelerated launch of strategic defence investments, thereby reducing fragmentation across Member States. Additionally, sector-specific regulatory exceptions for defence investments—particularly in the areas of environmental regulations, energy and utility infrastructure, and spatial planning—should be introduced for the SMEs , while ensuring strict oversight and conditional reviews to prevent misuse. |
| _________________ | _________________ |
| 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). | 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). |
Or. en
Amendment 54
Angelika Niebler
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. | (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. To ensure a genuinely competitive and inclusive European defence industrial base, the participation of small and medium-sized enterprises (SMEs) and small mid-caps (SMCs) across all Member States should be facilitated and promoted. The administrative burden linked to participation in the European Defence Fund should be further reduced, and procedures should be simplified in practice. Specific attention should be given to cross-border SMEs and SMCs to ensure fair and equitable access to calls for proposals throughout the Union. |
| _________________ | _________________ |
| 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). | 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). |
Or. en
Amendment 55
Sven Mikser, Aura Salla
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. | (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5 , has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. To ensure a genuinely competitive and inclusive European defence industrial base, the participation of small and medium-sized enterprises (SMEs) and small mid-caps (SMCs) across all Member States should be facilitated and promoted. The administrative burden linked to participation in the European Defence Fund should be further reduced, and procedures should be simplified in practice. Specific attention should be given to cross-border SMEs and SMCs to ensure fair and equitable access to calls for proposals throughout the Union. |
| _________________ | _________________ |
| 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). | 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). |
Or. en
Amendment 56
Engin Eroglu
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5, has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. | (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5, has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Considerable access difficulties for SMEs also persist, alongside unclear and overly complicated award and eligibility criteria, a lack of planning security due to excessively short project durations, excessive complexity in the area of co-financing requirements, and ambiguities regarding the implementation of the Directive on intra-European shipments, which limits efficiency. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. |
| _________________ | _________________ |
| 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). | 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). |
Or. de
Amendment 57
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 7
| Text proposed by the Commission | Amendment |
| (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council5, has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF. | (7) The report on the interim evaluation of the European Defence Fund (EDF), established by Regulation (EU) 2021/697 of the European Parliament and of the Council, has confirmed its overall effectiveness and relevance, while highlighting the need to further streamline procedures and reduce administrative burdens where possible and introduce clarification, simplification and flexibility in that Regulation in order to facilitate the implementation of the EDF, at EU Member State level. Regulation (EU) 2021/697 should therefore be amended, taking into account the experience gained since 2021 and the feedback received during the consultations carried out in the context of the interim evaluation of the EDF, prioritising, within the framework of any amendments, the EU Member States. |
| _________________ | _________________ |
| 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). | 5 Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149, ELI: http://data.europa.eu/eli/reg/2021/697/oj). |
Or. ro
Amendment 58
Engin Eroglu
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) The current legal framework for the EDF implementation limits the use of indirect management to exceptional cases. However, to facilitate faster and leaner innovation cycles, enabling the EDF to respond more effectively to emerging defence needs and technological advancements and for a more cost-efficient implementation of the EDF, a more flexible use of indirect management may be necessary. Therefore, it is necessary to introduce the possibility to use indirect management in a more flexible manner, while ensuring that the principles of sound financial management, transparency and accountability are maintained, and that the use of indirect management is subject to rigorous monitoring and evaluation to guarantee the optimal use of Union funds. | (8) The current legal framework for the EDF implementation limits the use of indirect management to exceptional cases. However, to facilitate faster and leaner innovation cycles, enabling the EDF to respond more effectively to emerging defence needs and technological advancements and for a more cost-efficient implementation of the EDF, a more flexible use of indirect management may be necessary. Therefore, it is necessary to introduce the possibility to use indirect management in a more flexible manner, while ensuring that the principles of sound financial management, transparency and accountability are maintained, and that the use of indirect management is subject to rigorous monitoring and evaluation to guarantee the optimal use of Union funds. To that end, Article 8.2 of EU Regulation 2021/697 on the European Defence Fund needs to be amended to remove the exclusion from selection and award procedures to bring in greater flexibility in indirect management and thus optimise cost efficiency in the implementation of specific measures. |
Or. de
Amendment 59
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
| (8) The current legal framework for the EDF implementation limits the use of indirect management to exceptional cases. However, to facilitate faster and leaner innovation cycles, enabling the EDF to respond more effectively to emerging defence needs and technological advancements and for a more cost-efficient implementation of the EDF, a more flexible use of indirect management may be necessary. Therefore, it is necessary to introduce the possibility to use indirect management in a more flexible manner, while ensuring that the principles of sound financial management, transparency and accountability are maintained, and that the use of indirect management is subject to rigorous monitoring and evaluation to guarantee the optimal use of Union funds. | (8) The current legal framework for the EDF implementation limits the use of indirect management to exceptional cases. However, to facilitate faster and leaner, well defined and clearly established innovation cycles, enabling the EDF to respond more effectively to emerging defence needs and technological advancements and for a more cost-efficient implementation of the EDF, a more flexible use of indirect management may be necessary. Therefore, it is necessary to introduce the possibility to use indirect management in a more flexible manner, while still well defined and clearly established, while ensuring that the principles of sound financial management, transparency and accountability are maintained, and that the use of indirect management is subject to rigorous monitoring and evaluation to guarantee the optimal use of Union funds, in connection with, in respect of, and for the Member States. |
Or. ro
Amendment 60
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | deleted |
Or. en
Amendment 61
Lynn Boylan, Marc Botenga
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | deleted |
Or. en
Amendment 62
György Hölvényi, András Gyürk, Viktória Ferenc
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | deleted |
Or. en
Justification
Allowing EDF-funded testing in third countries poses serious security and legal risks, especially in the context of the ongoing war in Ukraine. Such activities could be perceived as EU involvement in external hostilities and may expose Union personnel or assets to danger. Moreover, financing the transfer or testing of weapons outside the EU raises legal uncertainty about export control, end-use monitoring and compliance with Union financial rules.
Amendment 63
Lynn Boylan, Marc Botenga
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding ensures that appropriate safeguards and monitoring is in place. Proposals that EDF funding could be used to fund testing activities in third countries would represent a lessening of oversight and regulation of how Union money is spent when it comes to defence activities. Furthermore, suggestions that the Union should fund testing on battlefields creates serious ethical and legal challenges and under no circumstances should Union funding be provided to projects engaged in testing on battlefields in conflict zones. |
Or. en
Amendment 64
Petra Steger
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries to be eligible for EDF funding. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. |
Or. en
Justification
Mentioning Ukraine specifically falls short of the realities faced by the defence industry which has for a long time relied on testing outside of the Union and its associated territories. Facilities such as Overberg Test Range in South Africa are vital for the defence sector in the EU. Specifically mentioning Ukraine increases the risk of political contamination of an otherwise sensible intention since EDF funding might be used to fund Ukrainian armed forces.
Amendment 65
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding, although only after the Member States have been assessed in this regard, as a priority. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried on outside the Union territory - only where Member States have first been awarded priority for this - to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union’s defence capabilities, through the involvement and capability of the Member States as a priority, over that of third countries. |
Or. ro
Amendment 66
Jussi Saramo
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is appropriate to allow for the costs of carrying out testing activities in Ukraine to be eligible for EDF funding, given its unique operational context and cooperation with the Union in the field of defence. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried out in Ukraine to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. Testing activities in any other third country should not be eligible for EDF funding. |
Or. en
Amendment 67
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, namely Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. |
Or. en
Amendment 68
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
| (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in third countries, such as Ukraine, to be eligible for EDF funding. Testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. | (9) The requirement that all infrastructure, facilities, assets and resources used for the implementation of EDF funded projects be located within the Union and associated countries territory to be eligible for funding limits the potential for the European Defence Technological and Industrial Base to benefit from testing opportunities that offer unique advantages. To address this limitation, it is necessary to allow for the costs of carrying out testing activities in Ukraine, to be eligible for EDF funding. Indeed, testing in Ukraine provides possibilities that are not readily available within the Union, such as rapidly available results, 24-hour testing and testing on the battlefield, which can significantly enhance the development and validation of defence technologies and products. In addition, testing in Ukraine can facilitate the incorporation of live experience on modern warfare into the further development of defence technologies and products, thereby ensuring a technical and strategic advantage for the European Defence Technological and Industrial Base. By allowing costs of testing activities carried outside the Union territory to be eligible for funding, the EDF would be able to support the development of more effective and innovative defence solutions, ultimately contributing to the enhancement of the Union's defence capabilities. |
Or. en
Amendment 69
Marjan Šarec, Petras Auštrevičius, Bart Groothuis, Engin Eroglu, Lucia Yar, Marie-Agnes Strack-Zimmermann
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) To strengthen the European Defence Technological and Industrial Base and ensure the Union’s strategic autonomy, particular attention should be given to reinforcing resilient and sustainable supply chains within the Union. The European Defence Fund should therefore promote deeper cross-border cooperation among Union undertakings, including small and medium-sized enterprises and mid-caps, to reduce dependencies on non-EU suppliers and foster a more integrated and competitive European defence market. Supporting the development of strong intra-EU industrial partnerships will contribute to technological innovation, security of supply and the overall resilience of the European defence ecosystem. |
Or. en
Justification
This amendment emphasises the need to strengthen supply chains located within the European Union and to promote cooperation between EU-based undertakings. This will enhance the resilience and competitiveness of the European defence industry, reduce dependencies on third countries, and contribute to the Union’s strategic autonomy in defence production and technology.
Amendment 70
Petra Steger
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) While ensuring the defense interests of the Member States of the European Union, the Union must ensure that, in any military and defense cooperation with third countries, the Union remains a project of peace and does everything in its power to resolve conflicts that pose a risk of armed conflict or military escalation through diplomatic means. Accordingly, testing in third countries and the examination of the results must not lead to direct interference in the combat activities of third countries. |
Or. en
Amendment 71
Virgil-Daniel Popescu
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
| (9a) The energy efficiency, security of supply and sustainability of defence production sites are essential elements of European defence readiness. Member States and beneficiaries of Union funding should be encouraged to integrate energy efficiency, storage, and alternative or nuclear energy sources in their defence industrial facilities to increase resilience and autonomy. |
Or. en
Justification
Links operational readiness with energy resilience and sustainability of defence production chains.
Amendment 72
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. At the same time, given the evolving security environment and the expected massive surge in defence spending in the context of ReArm Europe and subsequent increase of the share of industrial activities related to military activities among all industrial activities in the Union, it is appropriate to further accelerate research and innovation effort towards the substitution of certain materials and chemical compounds in the process of manufacturing defence products and technologies, in order to avoid dependence on hazardous substances and materials already or expected to be subject to restriction or prohibition within the Union. |
Or. en
Amendment 73
Sven Mikser, Aura Salla
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. In line with an excellence-based approach to defence research and development, proposals should be selected primarily on the basis of scientific and technical excellence and potential with regard to innovation, with due consideration of operational relevance and added value to the Union. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. In order to facilitate the preparation of applications, the use of subsets of criteria and their respective weight should be specified clearly and transparently in each call. |
Or. en
Amendment 74
Angelika Niebler
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. In line with an excellence-based approach to defence research and development, proposals should be selected primarily on scientific and technical excellence and innovation potential, with due consideration of operational relevance and European added value. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. In order to facilitate the preparation of applications, the possible use of subsets of criteria and their respective weight should be specified clearly and transparently in each call. |
Or. en
Amendment 75
Eero Heinäluoma, Sofie Eriksson, Giorgio Gori
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. Priority should be given to criteria reflecting the contribution to excellence in the defence domain and its quality and efficiency. Moreover, the possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. Where applicable, the further integration of the European defence industry across the Union, including joint use, ownership, or maintenance of the final product or technology should be prioritised as an award criteria; |
Or. en
Amendment 76
Engin Eroglu
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, making it more difficult for SMEs to access funding, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. In particular, the conditions for direct contract awards, pre-commercial procurement and access rights of co-financing Member States to the results of research projects, as well as intellectual property rights, need to be clarified. |
Or. de
Amendment 77
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application among Member States, in order to make the evaluation more efficient, transparent, and effective for the Member States. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation and thus for a better alignment with the priorities and objectives of the EDF, in favour of the EU states, while at the same time prioritising the Member States over third countries. |
Or. ro
Amendment 78
Petra Steger
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
| (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. | (10) The interim evaluation of the EDF has shown that the current award criteria for the evaluation of proposals under that Fund are overly complex, unclear, and difficult to apply in practice. This has resulted in unnecessary administrative burdens and uncertainties for the Commission and the applicants, ultimately hindering the efficient implementation of the EDF. It is necessary to simplify the award criteria especially with regard to SMEs and introduce more flexibility in their application in order to make the evaluation more efficient, transparent, and effective. The possibility to select a relevant subset of award criteria according to specific objectives of the calls for proposals would allow for a tailored and focused evaluation thus for a better alignment with the priorities and objectives of the EDF. |
Or. en
Justification
Allowing SME easier access to EDF funding by cutting red tape is especially relevant with regards to defense companies operating in the relatively new sector of drone technology and ai.
Amendment 79
Marjan Šarec, Petras Auštrevičius, Bart Groothuis, Engin Eroglu, Lucia Yar, Marie-Agnes Strack-Zimmermann
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
| (10a) The European Defence Fund should place particular emphasis on fostering industrial cooperation among Union undertakings, with a strong focus on cross-border participation of small and medium-sized enterprises (SMEs) and mid-caps. Strengthening the role of SMEs in collaborative defence projects is crucial to boost innovation, diversify supply chains, and ensure a fair and competitive internal market. The Fund should therefore prioritise projects that effectively integrate SMEs into multinational consortia and facilitate their access to research and development activities, thereby contributing to a balanced and inclusive European defence ecosystem. |
Or. en
Justification
SMEs are key drivers of innovation, flexibility, and competitiveness in the European defence sector. Ensuring their active participation in cross-border projects funded by the EDF will contribute to strengthening the European defence industrial base and to achieving the Union’s objectives of resilience, technological leadership, and strategic autonomy.
Amendment 80
Marjan Šarec, Petras Auštrevičius, Bart Groothuis, Engin Eroglu, Lucia Yar, Marie-Agnes Strack-Zimmermann
Proposal for a regulation
Recital 10 b (new)
| Text proposed by the Commission | Amendment |
| (10b) In order to ensure that the Union’s defence industrial base can respond effectively to evolving security challenges, the European Defence Fund should support projects that enhance the capacity of the Union’s industry to rapidly adapt or convert its production for defence purposes. Such projects may include the development of flexible manufacturing technologies, dual-use infrastructures, and scalable supply chains capable of responding to urgent defence needs. Supporting industrial readiness and conversion capabilities will increase the Union’s overall resilience and reduce response times in the event of crises or armed aggression. |
Or. en
Justification
The European defence industry must be able to swiftly adjust to crises and surges in demand. Funding projects that enable rapid industrial conversion and flexible manufacturing will strengthen the Union’s preparedness, ensure security of supply, and enhance the adaptability of both defence and civilian industries in times of need.
Amendment 81
Marjan Šarec, Petras Auštrevičius, Bart Groothuis, Engin Eroglu, Lucia Yar, Marie-Agnes Strack-Zimmermann
Proposal for a regulation
Recital 10 c (new)
| Text proposed by the Commission | Amendment |
| (10c) Artificial intelligence (AI) and advanced data analytics are key enablers for the competitiveness, innovation and strategic autonomy of the European defence industry. The European Defence Fund should therefore support research and development activities aimed at fostering trustworthy, human-centred and secure AI applications for defence purposes, in line with Union law and ethical principles. Enhancing the role of AI within the Union’s defence industrial base will contribute to more efficient decision-making, improved interoperability and strengthened technological leadership. |
Or. en
Justification
This amendment highlights the importance of supporting the development of AI technologies within the European Defence Fund, while ensuring that all applications respect EU ethical standards and legal frameworks. AI is crucial for innovation, efficiency and resilience in modern defence capabilities.
Amendment 82
Eszter Lakos, Eva Maydell, Michał Szczerba, Radan Kanev, Kamila Gasiuk-Pihowicz, Rasa Juknevičienė
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. | (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. Due to the changed geopolitical landscape, particular attention should be paid to actions involving entities from those Member States with highest exposure to the risk of materialisation of conventional military threats |
Or. en
Amendment 83
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. | (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes among EU states. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives from within the Union. By allowing multi-annual work programmes, the Fund would be able to better support long-term (clearly established and well defined) research and development projects, foster collaboration among stakeholders – and as a priority among Member States, and ultimately contribute to the enhancement of the Union’s defence capabilities among, by, in respect of, and through the intermediary of, the Member States. |
Or. ro
Amendment 84
Sven Mikser, Aura Salla
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. | (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. Particular attention should be paid to actions involving entities from the Member States with the highest exposure to conventional military threats. |
Or. en
Amendment 85
Angelika Niebler
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. | (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. Particular attention should be paid to actions involving entities from those Member States with highest exposure to conventional military threats. |
Or. en
Amendment 86
Virgil-Daniel Popescu
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
| (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. | (11) The implementation of the EDF has been hindered by the requirement to adopt annual work programmes, resulting in complex procedures, making it challenging to ensure predictability and continuity of the actions supported by the EDF. To address that issue and provide more flexibility in the management of the EDF, it is necessary to introduce the possibility to implement the EDF through annual or multi-annual work programmes. This would enable the Commission to better plan and coordinate the support for defence research and development activities, while also allowing for more efficient use of resources and improved synergies between different projects and initiatives. By allowing multi-annual work programmes, the Fund would be able to better support long-term research and development projects, foster collaboration among stakeholders, and ultimately contribute to the enhancement of the Union's defence capabilities. Priority should be given to activities involving entities from Member States most exposed to conventional military threats. |
Or. en
Amendment 87
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. | (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, it is appropriate that the Commission becomes entrusted with the award decisions for all types of activities falling into the scope of the EDF. |
Or. en
Amendment 88
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. | (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility – without jeopardising democratic values and the principles of international law – to manage the programme in a way that optimises the use of resources at EU level and minimises administrative burdens, while prioritising the Member States in all these measures. To that end, the conditions under which the Commission may have recourse to direct awards, among the EU Member States, should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment, among the Member States. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders – namely the EU countries – should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and European defence capabilities of the Member States. |
Or. ro
Amendment 89
Bart Groothuis, Jeannette Baljeu, Hilde Vautmans, Engin Eroglu, Ivars Ijabs, Marjan Šarec, João Cotrim De Figueiredo, Petras Auštrevičius, Morten Løkkegaard, Michał Kobosko, Marie-Agnes Strack-Zimmermann, Christophe Grudler
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. | (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. Given the rapid pace of innovation in defence technologies, projects should, however, benegotiated on a case-by-case basis, taking into account, amongst others, the strategic importance of the weapon system or the size of the budget. |
Or. en
Justification
Given the rapid pace of innovation in defence technologies, this amendment provides the necessary flexibility to negotiate projects on a case-by-case basis, as new needs can quickly emerge.
Amendment 90
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. | (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of excellence, transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. |
Or. en
Amendment 91
Engin Eroglu
Proposal for a regulation
Recital 12
| Text proposed by the Commission | Amendment |
| (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. | (12) In order to further improve the efficiency and effectiveness of the EDF, it is essential to provide the Commission with the necessary flexibility to manage the programme in a way that optimises the use of resources and minimises administrative burdens. To that end, the conditions under which the Commission may have recourse to direct awards should be clarified and simplified, allowing for a more streamlined and expedited procedure in certain circumstances. Continuity of efforts and efficient implementation of defence research and development projects should be facilitated, while respecting the principles of transparency, fairness, and equal treatment. The Commission should be enabled to better respond to the evolving needs of the defence sector, the cooperation between stakeholders should be fostered and the development of innovative and effective defence solutions should be improved, thereby enhancing the security of the Union and defence capabilities of the Member States. |
Or. de
Amendment 92
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) The EDF has the potential to boost the development of innovative defence technologies and solutions through pre-commercial procurement. However, the current legal framework is overly complex and lacks clarity on the conditions for pre-commercial procurement under the EDF, thus hindering its effective use. The conditions for pre-commercial procurement need to be simplified and clarified, as the current provisions promote the award of multiple contracts within the same procedure (multiple sourcing), which is not always suitable for the defence sector. Removing this restriction will provide for a clearer and more effective pre-commercial procurement framework, enabling the EDF to better support the development of innovative solutions, bridge the gap between research and market deployment, and provide a strong incentive for Member States to invest in defence research and development. | deleted |
Or. en
Amendment 93
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) The EDF has the potential to boost the development of innovative defence technologies and solutions through pre-commercial procurement. However, the current legal framework is overly complex and lacks clarity on the conditions for pre-commercial procurement under the EDF, thus hindering its effective use. The conditions for pre-commercial procurement need to be simplified and clarified, as the current provisions promote the award of multiple contracts within the same procedure (multiple sourcing), which is not always suitable for the defence sector. Removing this restriction will provide for a clearer and more effective pre-commercial procurement framework, enabling the EDF to better support the development of innovative solutions, bridge the gap between research and market deployment, and provide a strong incentive for Member States to invest in defence research and development. | (13) The EDF shall not be used for de-risking processes such as pre-commercial procurement. The arms industry is among the most profitable in the world. |
Or. en
Amendment 94
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
| (13) The EDF has the potential to boost the development of innovative defence technologies and solutions through pre-commercial procurement. However, the current legal framework is overly complex and lacks clarity on the conditions for pre-commercial procurement under the EDF, thus hindering its effective use. The conditions for pre-commercial procurement need to be simplified and clarified, as the current provisions promote the award of multiple contracts within the same procedure (multiple sourcing), which is not always suitable for the defence sector. Removing this restriction will provide for a clearer and more effective pre-commercial procurement framework, enabling the EDF to better support the development of innovative solutions, bridge the gap between research and market deployment, and provide a strong incentive for Member States to invest in defence research and development. | (13) The EDF has the potential to boost the development of innovative defence technologies and solutions, at EU country level, through pre-commercial procurement. However, the current legal framework is overly complex and lacks clarity on the conditions for pre-commercial procurement within the Member States under the EDF, thus hindering its effective use. The conditions for pre-commercial procurement at Union level need to be simplified and clarified, as the current provisions promote the award of multiple contracts within the same procedure (multiple sourcing), which is not always suitable among Member States for the European defence sector. Removing this restriction will provide for a clearer and more effective pre-commercial procurement framework at Union level, enabling the EDF to better support the development of innovative European solutions, bridge the gap between research and market deployment, and provide a strong incentive for Member States to invest, at Union level, in defence research and development. |
Or. ro
Amendment 95
Rasa Juknevičienė
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. In addition, where Member States or EDF associated countries have confirmed co-financing to some legal entities of a consortium, all legal entities of the selected consortium are expected to provide such Member States or EDF associated countries with rights to use or have used the results generated during the action, for their defence purposes, to be agreed upon between the Member States or EDF associated countries and the legal entities of the selected consortium. The conditions for the exercise of such rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will improve transparency and ease the negotiation process between the Member States and industry and facilitate the decision making process, thereby accelerating the implementation of co-financed development projects. As a result, this will promote a more streamlined collaboration in defence research and development. |
Or. en
Amendment 96
Aurelijus Veryga
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. In addition, where member States of EDF associated countries have confirmed co- financing to some legal entities of a consortium, all legal entities of the selected consortium are expected to provide such Member States or EDF associated countries with rights to use or have used the results generated during action, for their defence purposes, to be agreed upon between the Member States or EDF associated countries and the legal entities of the selected consortium. The conditions for the exercise of such rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will improve transparency and ease the negotiation process between the Member States and industry and facilitate the decision- making process, thereby accelerating the implementation of co-financed development projects. As a result, this will promote a more streamlined collaboration in defence research and development. |
Or. en
Amendment 97
Angelika Niebler
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF does not foresee specific conditioins regarding has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. |
Or. en
Amendment 98
Bart Groothuis, Jeannette Baljeu, Hilde Vautmans, Engin Eroglu, Ivars Ijabs, Marjan Šarec, João Cotrim De Figueiredo, Petras Auštrevičius, Morten Løkkegaard, Michał Kobosko, Marie-Agnes Strack-Zimmermann, Christophe Grudler
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF has not provided sufficient rights to use to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to use the results of development projects on fair terms. Where Member States or associated countries have confirmed co-financing to at least one legal entity of a consortium, all legal entities of the selected consortium are expected to provide such Member States or associated countries with rights to use the results generated during the action for their defence purposes. The conditions for the exercise of such user rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. |
Or. en
Justification
This amendment replaces the term “access rights” with “rights to use” in Article 23. While Article 20 of Regulation (EU) 2021/697 and the Commission proposal still refers to “access rights,” the term “rights to use” better reflects the purpose of EDF development projects. It ensures that co-financing Member States and associated countries can not only view the results of such projects, but also actively use and further develop them based on operational experience. This strengthens the practical utility of publicly co-financed outcomes while safeguarding the IP rights of participating entities.
Amendment 99
Virgil-Daniel Popescu
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. In addition, the consortium is expected to provide the co-financing Member States or EDF associated countries with rights to use or have used the results generated during the action, for their defence purposes. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry to swiftly finalise the capability development process, thereby promoting more streamlined collaboration in defence research and development. |
Or. en
Amendment 100
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
| (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, thereby promoting more streamlined collaboration in defence research and development. | (14) The current legal framework for the EDF has not provided sufficient access rights to the results of development projects to Member States, in particular for those co-financing such projects. To ease that concern and promote a more collaborative and cooperative approach among Member States to defence research and development, it is necessary to grant to the co-financing Member States the right to access the results of development projects on fair terms. The conditions for the exercise of such access rights should be defined in the contractual relationship between the recipients, prioritising recipients from EU countries, and the national authorities co-financing the action. This will simplify the negotiation process between the Member States and industry and reduce time to grant, with priority being awarded to Member States, thereby promoting more streamlined collaboration in defence research and development within the Union. |
Or. ro
Amendment 101
Virgil-Daniel Popescu
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) Coordination with trusted partners, including NATO allies and the Euratom Community, on nuclear safety standards, fuel diversification and waste management can strengthen the Union’s strategic autonomy and defence resilience, while fully respecting Union law and the restrictions on participation of third-country entities in EU-funded projects. |
Or. en
Justification
Maintains the principle of cooperation on safety and diversification, without modifying participation rules or base regulations.
Amendment 102
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) The strengthening of the European defense industry significantly contributes to the technological sovereignty and strategic autonomy of the Union. The Union should therefore create a reliable, predictable, and unbureaucratic support environment in the long term, which favors innovations and private investments. |
Or. en
Justification
This new recital underlines that strengthening the European defence industry contributes to technological sovereignty and strategic autonomy. It highlights the need for a stable, investment-friendly regulatory framework that encourages innovation and private sector participation.
Amendment 103
György Hölvényi, András Gyürk, Viktória Ferenc
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) To maximise the benefits of the changes to Regulation (EU) 2021/697, the amendments to that Regulation should apply retroactively. While some provisions, such as those relating to the award criteria cannot be applied retroactively due to their very nature, others, such as those relating to funding rates or testing outside of the territory of the Union, can improve the efficiency and efficacy of the projects funded under the EDF. To ensure that Union funds are spent in the most effective way possible, these provisions should be applicable as of 1 January 2025. | (15) To maximise the benefits of the changes to Regulation (EU) 2021/697, some amendments to that Regulation may apply retroactively. While some provisions, such as those relating to the award criteria cannot be applied retroactively due to their very nature, others, such as those relating to funding rates can improve the efficiency and efficacy of the projects funded under the EDF to ensure that Union funds are spent in the most effective way possible. |
Or. en
Justification
Retroactive application from 1 January 2025 undermines legal certainty and may create unforeseen obligations for Member States and contractors. There is a practical and legal likelihood that defence products are already stored or deployed in third countries, which could lead to legal and financial ambiguity under the new rules.
Amendment 104
Diana Iovanovici Şoşoacă
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
| (15) To maximise the benefits of the changes to Regulation (EU) 2021/697, the amendments to that Regulation should apply retroactively. While some provisions, such as those relating to the award criteria cannot be applied retroactively due to their very nature, others, such as those relating to funding rates or testing outside of the territory of the Union, can improve the efficiency and efficacy of the projects funded under the EDF. To ensure that Union funds are spent in the most effective way possible, these provisions should be applicable as of 1 January 2025. | (15) To maximise and harness the benefits of the changes to Regulation (EU) 2021/697, the amendments to that Regulation should apply retroactively. While some provisions, such as those relating to the award criteria cannot be applied retroactively due to their very nature, others, such as those relating to project selection procedures and funding rates or testing outside of the territory of the Union, can improve the efficiency and efficacy of the projects funded under the EDF. To ensure that Union funds are spent in the most effective way possible, these provisions should be applicable as of 1 January 2025. |
Or. ro
Amendment 105
Radan Kanev
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Regulation (EC) No 1907/2006
Article 2 – Paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| In Article 2, the following paragraph is added: | |
| 3a. Where substances, on their own, in a mixture or in an article, is used for both in the interest of defence and for non-defence purposes, any exemption granted under this article shall cover only the uses serving exclusively in the interests of defence, without prejudice to the application of this Regulation to other uses. |
Or. en
Amendment 106
Radan Kanev
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Regulation (EC) No 1907/2006
Article 2 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
| In Article 2, the following paragraph is added: | |
| 3b. Where defence needs require a production line ordinarily dedicated to civil use to be temporarily repurposed for defence manufacturing, the exemption referred to in this article shall apply for as long as the line is designated for defence production, within the period and scope notified to the competent authority. |
Or. en
Justification
See recital 4a and 4b
Amendment 107
Radan Kanev
Proposal for a regulation
Article 1 – paragraph 1 c (new)
Regulation (EC) No 1907/2006
Article 2 – paragraph 3 c (new)
| Text proposed by the Commission | Amendment |
| In Article 2, the following paragraph is added: | |
| 3c. In order to prevent an uneven playing field across defence procurement and to avoid fragmentation of the internal market, including in the context of cooperative and joint procurement programmes, the Commission shall, after consulting Member States and relevant stakeholders, issue guidelines within 6 months of the entry into force of this Regulation on the coherent application of paragraphs 3 and 3a. | |
| Those guidelines shall: | |
| (a) provide risk-proportionate, standardised templates for exemption decisions, with requirements calibrated to risk and scale to minimise red tape; | |
| (b) address the treatment of dual-use substances | |
| (c) where relevant, provide practical guidance for exceptional cases in which production lines cannot practicably be differentiated, including how the exemption should be temporarily applied in such cases in a simple, risk-proportionate manner; | |
| (d) take into account existing best practices and cooperative frameworks among Member States, without prejudice to Council Decision 2011/411/CFSP1a | |
| _________________ | |
| 1a Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP |
Or. en
Amendment 108
Alexandr Vondra, Veronika Vrecionová, Ondřej Krutílek, Cristian Terheş, Georgiana Teodorescu, Geadis Geadi, Rihards Kols, Claudiu-Richard Târziu, Jana Nagyová, Ondřej Knotek, Adrian-George Axinia, Emmanouil Fragkos, Elena Donazzan, Alberico Gambino
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence and security.The European Commission and the Member States shall ensure that the production of substances identified as critical for defence and security purposes, including energetic materials and precursors used in propellants and explosives, is maintained within the territory of the Union. |
Or. en
Justification
This amendment ensures that the production of defence/security-critical substances is not jeopardized by regulatory restrictions targeting their civilian use, such as in agriculture. By mandating continued production within the EU, it safeguards strategic autonomy and the operational readiness of the European defence industry, preventing supply chain disruptions that could arise from market withdrawal due to non-defence bans.
Amendment 109
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow exceptions to this regulation for substances as such, in mixtures, or in products if this is necessary in the interest of defense or readiness for defense. These exceptions may extend to substances, mixtures, products, and their use throughout the entire manufacturing and supply chain, provided that the competent authorities ensure that appropriate safety measures are in place. |
Or. en
Justification
This amendment provides Member States with greater flexibility to respond to urgent defence or readiness needs by allowing targeted exemptions across the full supply chain. It ensures that such exemptions remain subject to appropriate safety controls, balancing defence requirements with health and environmental protection.
Amendment 110
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Antonín Staněk, Jana Nagyová, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence, including outside crisis situations. These exemptions extend to dual-use products. |
Or. fr
Amendment 111
Alice Teodorescu Måwe
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence, including civilian dual use products that are actively contributing to the defence interest. |
Or. en
Amendment 112
Ingeborg Ter Laak, Liesbet Sommen
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence and proportionate in relation to the protection of the environment and public health.. |
Or. en
Amendment 113
Radan Kanev
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence. Any such exemptions shall be limited to uses exclusively in the interest of defence; |
Or. en
Amendment 114
Lynn Boylan
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for time-limited exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of national self-defence.. |
Or. en
Amendment 115
Lynn Boylan, Jussi Saramo
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation in specific cases for certain substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. |
Or. en
Amendment 116
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for justified exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. |
Or. en
Justification
In accordance with the objective of the proposal to allow for wider defence readiness related exemptions.
Amendment 117
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Article 1 – paragraph 1
Regulation 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary, for specific uses in defence applications only. |
Or. en
Justification
While there may be a need for greater flexibility for Member States to grant exemptions from REACH Regulation, it has to be made clear that the exemption does not equal a blanket derogation for a given substance and therefore does not apply to all uses of dual-use substances (substances used in both, civilian and military applications) under the pretence of defence interest. The amendment clarifies that the exemption applies only to specific uses in the defence applications and not in civilian applications.
Amendment 118
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 1 – paragraph 1
Regulation (EC) No 1907/2006
Article 2 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary in the interests of defence.. | 3. Member States may allow for exemptions from this Regulation for substances, on their own, in a mixture or in an article, where necessary for defence-specific applications. |
Or. en
Justification
The COM proposal is poorly justified with regard to REACH. It refers to alleged stakeholder comments in that regard, yet the summary of the stakeholder consultation does not contain a single question concerning chemicals. It refers to possible savings by the defence industry in case of lighter reporting requirements pursuant to Article 33 of REACH without providing any detail what this could mean. The current REACH text already provides for flexibility for Member States to grant exemptions in specific cases for certain substances. It is bad practice to propose changing the law just because some MS do not fully take into account the existing flexibility (see Recital 3 of COM proposal). That said, given the importance of defence, it could be acceptable to broaden the scope of possible national exemptions, provided that it remains limited to defence-specific applications. That avoids undue use of exemptions for dual-use substances, which could have undesirable consequences with regard to the protection against harmful substances in civilian applications.
Amendment 119
Angelika Niebler
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Regulation (EC) No 1907/2006
Article 3 – point 41 a (new)
| Text proposed by the Commission | Amendment |
| In Article 3, the following point 42 is added: | |
| ‘(42) Interest of defence: all activities and products used or in connection with military and security activities, either from one Member State or the Union, including but not limited to such products which are not intended as primary use, defence or security purposes.’ |
Or. en
Amendment 120
Vasile Dîncu
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence.; | 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence, provided that: |
| (a) appropriate occupational health and safety measures are implemented to protect workers handling such substances; | |
| (b) regular health monitoring is provided to exposed workers; | |
| (c) Member States report annually to the Commission on the use of such exemptions and their impact on worker health and environmental safety. |
Or. en
Justification
It should be prioritized worker safety and transparency. Defence readiness should not compromise the health of defence industry workers.
Amendment 121
Alexandr Vondra, Veronika Vrecionová, Ondřej Krutílek, Cristian Terheş, Georgiana Teodorescu, Rihards Kols, Claudiu-Richard Târziu, Jana Nagyová, Ondřej Knotek, Adrian-George Axinia, Emmanouil Fragkos, Elena Donazzan, Alberico Gambino
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence.; | 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence. Member States shall ensure that classification and labelling requirements do not hinder the continued production of substances identified as critical for defence and security purposes within the territory of the Union. |
Or. en
Justification
The amendment prevents classification and labelling obligations from unintentionally obstructing the production of substances essential to defence. It reinforces the coherence of chemical legislation with defence needs and ensures that regulatory compliance does not un-dermine the EU’s ability to sustain its defence manufacturing base. Defence and security industry to be completely excluded from all EU’s labelling obligations and requirements.
Amendment 122
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Antonín Staněk, Jana Nagyová, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) 1272/2008
Article 1 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence. | 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence, including outside crisis situations. These exemptions extend to dual-use products. |
Or. fr
Amendment 123
Alice Teodorescu Måwe
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4
| Text proposed by the Commission | Amendment |
| 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence.; | 4. Member States may allow for exemptions from this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary in the interests of defence, including civilian dual use products that are actively contributing to the defence interest. |
Or. en