Sittings · Document
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 124
Ingeborg Ter Laak, Liesbet Sommen
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 and proportionate in relation to the protection of the environment and public health.; |
Or. en
Amendment 125
Radan Kanev
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. Any such exemptions shall be limited to uses exclusively in the interests of defence; |
Or. en
Amendment 126
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EU) No 528/2012
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 the labelling provisions of this Regulation for substances mixtures, and articles referred to in section 2.1 of Annex I, where necessary for defence-specific applications; |
Or. en
Justification
The COM proposal does not justify the need to modify the CLP Regulation other than by coherence with the change proposed for REACH. The COM Staff Working Document does not provide any evidence at all about the CLP Regulation being an obstacle for the defence sector. While defence is of course of paramount importance, mere evocation of the word does not replace the need to come with proper arguments for the changes proposed. That said, it could be acceptable to broaden the scope of possible national exemptions, provided that it remains limited to the labelling of defence-specific applications. Classification and packaging should continue to apply in any case. The limitation of the exemption to defence-specific applications avoids undue application to dual-use substances, which could have undesirable consequences with regard to the protection against harmful substances in civilian applications.
Amendment 127
Antonio Decaro, Tiemo Wölken
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, 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 CLP 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 128
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
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 justified 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.; |
Or. en
Amendment 129
Lynn Boylan
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, where necessary in the interests of national self-defence.; |
Or. en
Amendment 130
Lynn Boylan, Jussi Saramo
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 in specific cases for certain substances mixtures, where necessary in the interests of defence.; |
Or. en
Amendment 131
Radan Kanev
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. In Article 1, the following paragraph is added: | |
| Where substances mixtures, and articles referred to in section 2.1 of Annex I, are 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 132
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
| 4a. In Article 1, the following paragraph is added: | |
| Exemptions referred to in paragraph 4 shall not apply where such products may be exported outside the territory of the Member State concerned. |
Or. en
Amendment 133
Radan Kanev
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
| 4b. In Article 1, the following paragraph is added: | |
| 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
Amendment 134
Radan Kanev
Proposal for a regulation
Article 2 – paragraph 1
Regulation (EC) No 1272/2008
Article 1 – paragraph 4 c (new)
| Text proposed by the Commission | Amendment |
| 4c. In Article 1, the following paragraph is added: | |
| 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, within 6 months of the entry into force of this Regulation, practical, risk-proportionate guidelines on the coherent application of paragraphs 4 and 4a, in a manner consistent with any Commission guidance on Article 2(3) of Regulation (EC) No 1907/2006 (REACH). |
Or. en
Justification
Necessary amendment to keep the consistency with the introduction of the mandate to the Commission to produce guidelines in REACH.
Amendment 135
Angelika Niebler
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Regulation (EC) No 1272/2008
Article 2 – paragraph 37 a (new)
| Text proposed by the Commission | Amendment |
| In Article 2, the following paragraph is added: | |
| ‘37a. ‘interest of defence’ means 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 136
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 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence. Member States shall ensure that biocidal products identified as critical for defence and security purposes, including those used in the preservation, maintenance, or operation of military systems and munitions, remain available for production and use within the territory of the Union. |
Or. en
Justification
This amendment guarantees the availability of biocidal products that are indispensable for the maintenance and operational integrity of military systems. It prevents regulatory constraints from limiting access to such products, thereby supporting uninterrupted defence and security readiness and aligning biocidal regulation with strategic defence and security priorities.
Amendment 137
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 3 – paragraph 1
Regulation (EU) 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence. | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence, including outside times of crisis. These exemptions shall extend to dual-use products. |
Or. fr
Amendment 138
Alice Teodorescu Måwe
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence, including civilian dual use products that are actively contributing to defence interest. |
Or. en
Amendment 139
Ingeborg Ter Laak, Liesbet Sommen
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence and proportionate in relation to the protection of the environment and public health.; |
Or. en
Amendment 140
Radan Kanev
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated 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 141
Lynn Boylan
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for time-limited exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of national self-defence.; |
Or. en
Amendment 142
Lynn Boylan, Jussi Saramo
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation in specific cases for certain biocidal products, on their own or in a treated article, where necessary in the interests of defence.; |
Or. en
Amendment 143
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated 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 Biocidal Products 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 144
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 (8)
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for justified exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; |
Or. en
Amendment 145
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) 2019/1021
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
| 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary in the interests of defence.; | 8. Member States may allow for exemptions from this Regulation for biocidal products, on their own or in a treated article, where necessary for defence-specific applications; |
Or. en
Justification
The COM proposal does not provide any specific justification for the need to modify the Biocides Regulation at all. The COM Staff Working Document does not provide any evidence at all about the Biocides Regulation being an obstacle for the defence sector. Nor are any problems raised in this regard in the summary of the stakeholder consultation. The only argument the COM provides is coherence with the change proposed for REACH. While defence is of course of paramount importance, mere evocation of that term does not replace the need to come with proper arguments for changes proposed. That said, it could be acceptable to broaden the scope of possible national exemptions, provided that it remains limited to defence-specific applications. The limitation of the exemption to defence-specific applications avoids undue application to dual-use biocides, which could have undesirable consequences with regard to the protection against harmful substances in civilian applications.
Amendment 146
Radan Kanev
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. In Article 2, the following paragraph is added: | |
| Where biocidal products, on their own or in a treated article, are 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
Justification
See corresponding recitals 4a and 4b
Amendment 147
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| 8a. In Article 2, the following paragraph is added: | |
| Exemptions referred to in paragraph 8 shall not apply where such products may be exported outside the territory of the Member State concerned. |
Or. en
Amendment 148
Radan Kanev
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8 b (new)
| Text proposed by the Commission | Amendment |
| 8b. In Article 2, the following paragraph is added: | |
| 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
Amendment 149
Radan Kanev
Proposal for a regulation
Article 3 – paragraph 1
Regulation (EU) No 528/2012
Article 2 – paragraph 8 c (new)
| Text proposed by the Commission | Amendment |
| 8c. In Article 2, the following paragraph is added: | |
| 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, within 6 months of the entry into force of this Regulation, practical, risk-proportionate guidelines on the coherent application of paragraphs 8 and 8a, in a manner consistent with any Commission guidance on Article 2(3) of Regulation (EC) No 1907/2006 (REACH). |
Or. en
Amendment 150
Jorge Buxadé Villalba
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Regulation (EU) No 528/2012
Article 2 – paragraph 8 a (new)
| Text proposed by the Commission | Amendment |
| In Article 2, the following paragraph is added: | |
| Member States may establish specific clauses to protect the national defence industry, including measures to prevent unfair competition, to prioritise investment in national companies, and to facilitate administrative coordination in defence projects. |
Or. en
Amendment 151
Jorge Buxadé Villalba
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Regulation (EU) No 528/2012
Article 2 – paragraph 9
| Present text | Amendment |
| In Article 2 of Regulation (EU) No 528/2012, paragraph 9 is replaced by the following: | |
| 9. The disposal of active substances and biocidal products shall be carried out in accordance with the Union and national waste legislation in force. | ‘Member States may adapt the assessment and authorisation procedures provided for in this Regulation to ensure effective coordination among the participating administrations, avoiding duplication and delays.’ |
Or. en
(32012R0528)
Amendment 152
Angelika Niebler
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Regulation (EU) No 528/2012
Article 3 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
| In Article 3 paragraph 2, the following point f is added: | |
| ‘(f) ‘interest of defence’. |
Or. en
Amendment 153
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) 2019/1021
Article 2 – paragraph 14
| Text proposed by the Commission | Amendment |
| ‘defence readiness’ means the state of preparedness of a Member State or several Member States to respond to a crisis defined in Article 1, point (10), of Directive 2009/81/EC of the European Parliament and of the Council\*, which relates to defence’; | deleted |
Or. en
(Linked to the amendment by the same author to Article 3, paragraph 4a of Regulation (EU) No 2019/1021)
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. There is therefore no need for this definition.
Amendment 154
Lynn Boylan
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) 2019/1021
Article 2 – point 14
| Text proposed by the Commission | Amendment |
| ‘defence readiness’ means the state of preparedness of a Member State or several Member States to respond to a crisis defined in Article 1, point (10), of Directive 2009/81/EC of the European Parliament and of the Council\*, which relates to defence’; | ‘defence readiness’ means the state of preparedness of a Member State to engage in measures to ensure national self-defence; |
Or. en
Amendment 155
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 4 – paragraph 1 – point b
Regulation 2019/1021
Article 2 – point 14
| Text proposed by the Commission | Amendment |
| ‘defence readiness’ means the state of preparedness of a Member State or several Member States to respond to a crisis defined in Article 1, point (10), of Directive 2009/81/EC of the European Parliament and of the Council*, which relates to defence’; | ‘defence readiness’ means the state of preparedness of a Member State or several Member States to respond to a crisis defined in Article 1, point (10), of Directive 2009/81/EC of the European Parliament and of the Council*, which relates to defence, irrespective of how imminent that crisis may be’; |
Or. fr
Amendment 156
Angelika Niebler
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Regulation (EU) 2019/1021
Article 2 – point 14 a (new)
| Text proposed by the Commission | Amendment |
| (14a) In Article 2, the following point is added: | |
| ‘interest of defence’ means 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 157
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Regulation (EU) 2019/1021
Article 3 – paragraph 4 a
| Text proposed by the Commission | Amendment |
| 4a. When collecting, assessing and submitting information for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account defence readiness and specificities of the defence sector, including impacts on defence production supply chains; | 4a. When collecting, assessing and submitting information related to socio-economic considerations pursuant to Annex F of the Convention for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account the specificities of the defence sector, including impacts on defence production supply chains; |
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. It should be clarified that the specificities of the defence sector should be taken into account in the context of the socio-economic considerations foreseen pursuant to Annex F.
Amendment 158
Jussi Saramo
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Regulation (EU) 2019/1021
Article 3 – paragraph 4 a
| Text proposed by the Commission | Amendment |
| 4a. When collecting, assessing and submitting information for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account defence readiness and specificities of the defence sector, including impacts on defence production supply chains; | 4a. When collecting, assessing and submitting information for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account human health and the environment, defence readiness and specificities of the defence sector, including impacts on defence production supply chains; |
Or. en
Amendment 159
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Regulation (EU) 2019/1021
Article 3 – paragraph 4 a
| Text proposed by the Commission | Amendment |
| 4a. When collecting, assessing and submitting information for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account defence readiness and specificities of the defence sector, including impacts on defence production supply chains; | 4a. When collecting, assessing and submitting information for the purpose of the risk management evaluation referred to in Article 8(7) and Article 8(8) of the Convention, the Commission and Member States shall duly take into account the need to protect human and animal health and the environment, the impacts on affected communities and international law; |
Or. en
Amendment 160
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2021/697
Article 13 (1)
| Text proposed by the Commission | Amendment |
| (3) in Article 13(1) the following second subparagraph is added: | deleted |
| ‘Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention .’ |
Or. en
Amendment 161
Jussi Saramo
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Art. 13 (1)
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. | Where necessary, Member States may make limited exemptions from this article on grounds of protection of national and or Union defence and security interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. |
Or. en
Amendment 162
Lynn Boylan
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Article 13 (1)
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. | Where necessary and for a period of not more than one year, Member States may make exemptions from this article on grounds of national self-defence, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. |
Or. en
Amendment 163
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Article 13 (1)
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. | Where necessary, Member States may make justified exemptions from this article on grounds of protection of national and union defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. |
Or. en
Justification
Adding consistency on wording and clarifying the necessity of defence-related exemptions. Also, in the case of specific reporting exemptions, justification should be given to the Commission to ensure consistency and proportional evaluation of the implementation.
Amendment 164
Lucia Yar, Marjan Šarec
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Article 13 (1)
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention . | Where necessary, Member States may make exemptions from this article on grounds of protection of national and Union defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention . |
Or. en
Justification
Corrects mistake by the Commission that omitted the adjective ‘Union’ that was supposed to clarify that derogation can be granted for national defense as well as Union defense. The EC text would have serious consequences on uniform application of different legislations as it would create non-defined and undefinable concept (open to interpretation) in one sectoral chemical legislation, but also on common security and defense as it would ultimately undermine share of military-relevant information between MSs and EC.
Amendment 165
Kai Tegethoff
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Article 13 – first paragraph – new second subparagraph
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. | Where necessary, Member States may make exemptions from this article on grounds of protection of national or Union defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. |
Or. en
Justification
As clarified during a technical briefing, the Commission never intended to refer to national interests alone. They intended to refer to national security interests. However, 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 only be introduced for defence interests, but not for national security interests.
Amendment 166
Antonio Decaro, Tiemo Wölken
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2019/1021
Article 13 – paragraph 1 – second subparagraph (new)
| Text proposed by the Commission | Amendment |
| Where necessary, Member States may make exemptions from this article on grounds of protection of national and defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. | Where necessary, Member States may make exemptions from this article on grounds of protection of national or Union defence interests, for the purpose of protecting sensitive information provided that such exemptions do not undermine the Union or Member States compliance, where relevant, with their reporting obligations under the Convention. |
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 defence interests. This Omnibus tackles the subject of facilitating defence readiness, and does not deal with a broader context of national interests, be it economic, financial, cultural, social, etc. It is therefore necessary to amend this paragraph to make clear that the exemption applies only to national defence interests. Moreover a reference to Union defence interests is added to align with the wording proposed in Recital 6.
Amendment 167
Martin Hojsík, Stine Bosse, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Article 4 a (new)
| Text proposed by the Commission | Amendment |
| Article4a | |
| In Article 4, the following paragraph is added: | |
| In light of the widened 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 the Commission should adopt clear implementation criteria in the form of guidelines to ensure harmonised interpretation by Member States in support of the internal market and to ensure that exemptions are clearly limited to defence readiness objectives. Finally, specific exemptions which have been applied by member states, shall be time-limited and followed by proportional control and evaluation mechanisms. |
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 168
Bart Groothuis, Jeannette Baljeu, Hilde Vautmans, Engin Eroglu, Marjan Šarec, João Cotrim De Figueiredo, Petras Auštrevičius, Morten Løkkegaard, Michał Kobosko, Christophe Grudler
Proposal for a regulation
Article 4 a (new)
Regulation (EU) 1013/2006
Article 1– paragraph 3 – point g
| Text proposed by the Commission | Amendment |
| Article4a | |
| In Article 1 - paragraph 3, point (g) is replaced by the following: | |
| '(g) imports into the Community of waste generated by armed forces or relief organisations in the run-up to a crisis, during situations of crisis or in peace-making or peace-keeping operations where such waste is shipped, by the armed forces or relief organisations concerned or on their behalf, directly or indirectly to the country of destination. In such cases, any competent authority of destination of the Community shall be informed in advance concerning the shipment and its destination; |
Or. en
Justification
The text ‘in a run-up to a crisis’ is added to existing language of Article 1(3)(g) of EU 1013/2006 on shipments of waste. So far, there is no exception for the readiness of armed forces in the run-up to a crisis, only during a crisis.
Amendment 169
Stine Bosse, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis, Martin Hojsík
Proposal for a regulation
Article 4 b (new)
| Text proposed by the Commission | Amendment |
| Article 4b | |
| In Article 4, the following paragraph is added: | |
| 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 170
Bart Groothuis, Jeannette Baljeu, Hilde Vautmans, Engin Eroglu, Marjan Šarec, João Cotrim De Figueiredo, Petras Auštrevičius, Morten Løkkegaard, Michał Kobosko
Proposal for a regulation
Article 4 b (new)
Regulation (EU) 2024/1991
Article 4 – paragraph 16
| Text proposed by the Commission | Amendment |
| Article 4b | |
| Amendment to Regulation (EU) 2024/1991 | |
| The following point (d) is inserted in Article 4 (16): | |
| '(d) Projects of Overriding Public Interest, including defence and security objectives.' |
Or. en
Justification
This amendment adds that projects serving defence and security objectives may qualify as Projects of Overriding Public Interest under the Nature Restoration Law.
Amendment 171
Bart Groothuis, Jeannette Baljeu, Hilde Vautmans, Engin Eroglu, Marjan Šarec, João Cotrim De Figueiredo, Petras Auštrevičius, Morten Løkkegaard, Michał Kobosko
Proposal for a regulation
Article 4 c (new)
Directive 2008/98/EC
Article 2 – paragraph 1– point e
| Text proposed by the Commission | Amendment |
| Article 4c | |
| Article 2 (1) point (e) is replaced by the following: | |
| '(e) waste from defence equipment, including decommissioned explosives, military vehicles, aircraft, naval vessels, ammunition, ballistic and propulsion materials.' |
Or. en
Justification
This amendment excludes defense equipment from the scope Directive 2008/98 on waste. So far, only decommissioned explosives are excluded.
Amendment 172
Elena Donazzan, Alberico Gambino, Alexandr Vondra
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/697
Article 2 – point 6 a
| Text proposed by the Commission | Amendment |
| (6a) ‘cross-border SMEs’ means SMEs which are established in Member States or associated countries other than those where the legal entities cooperating within a consortium which are not SMEs or mid-caps are established;; | (6a) ‘cross-border SMEs’ means SMEs which are established in Member States or associated countries other than those in which recipients that are not SMEs are established and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain; |
Or. en
Amendment 173
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/697
Article 2 – point 6 a
| Text proposed by the Commission | Amendment |
| (6a) ‘cross-border SMEs’ means SMEs which are established in Member States or associated countries other than those where the legal entities cooperating within a consortium which are not SMEs or mid-caps are established;; | (6a) ‘cross-border SMEs’ means SMEs which participate in the activity as recipients, subcontractors or other legal entities in the supply chain, but are established in Member States or associated countries other than those participating within the consortium; |
Or. en
Amendment 174
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/697
Article 2 – point 6 a (new)
| Text proposed by the Commission | Amendment |
| 6a. ‘cross-border SMEs’ means SMEs which are established in Member States or associated countries other than those where the legal entities cooperating within a consortium which are not SMEs or mid-caps are established; | 6a. ‘cross-border SMEs’ means SMEs which are established in Member States or associated countries, as a priority in the Member States, other than those where the legal entities cooperating within a consortium which are not SMEs or mid-caps are established; |
Or. ro
Amendment 175
Jorge Buxadé Villalba
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) the following point is inserted: | |
| Priority shall be given to the support and financing of national SMEs in the defence sector, ensuring that the increase in funding also specifically addresses the strengthening of the national supply chain and local technological development. |
Or. en
Amendment 176
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2021/697
Article 2 – point 18 a
| Text proposed by the Commission | Amendment |
| (ba) In Article 2, the following point is added: | |
| (18a) ‘ex aequo proposals’ means two or more proposals that have obtained the same evaluation score following a call for proposals |
Or. en
Amendment 177
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b
Regulation (EU) 2021/697
Article 2 – point 17
| Text proposed by the Commission | Amendment |
| (17) ‘pre-commercial procurement’ means the procurement of research and development services involving risk-benefit sharing under market conditions where there is a clear separation of the research and development services procured from the deployment of commercial volumes of end-products;; | deleted |
Or. en
Justification
Defense companies are among the most profitable in the world according to SIPRI and do not need de-risking.
Amendment 178
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b
Regulation (EU) 2021/697
Article 2 – point 17
| Text proposed by the Commission | Amendment |
| 17. ‘pre-commercial procurement’ means the procurement of research and development services involving risk-benefit sharing under market conditions where there is a clear separation of the research and development services procured from the deployment of commercial volumes of end-products; | 17. ‘pre-commercial procurement’ means the procurement of research and development, services involving risk-benefit sharing, among the Member States, under market conditions where there is a clear separation of the research and development services procured from the deployment of commercial volumes of end-products, at Member State level; |
Or. ro
Amendment 179
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2021/697
Article 2 – paragraph b a (new) – point 24 a (new)
| Text proposed by the Commission | Amendment |
| (ba) the following point (25) is inserted: | |
| ‘(25) ‘interest of defence’ means 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 180
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Regulation (EU) 2021/697
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments.; | 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments. When applying such multiannual commitments, the Commission shall ensure that equal access for new applicants is maintained and that the participation of projects at earlier stages of development is not prejudiced; |
Or. en
Amendment 181
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Regulation (EU) 2021/697
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments.; | 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments. When applying such multiannual commitments, the Commission shall ensure that equal access for new applicants is maintained and that the participation of projects at earlier stages of development is not prejudiced.’; |
Or. en
Amendment 182
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 5 – paragraph 1 – point 2
Regulation (EU) 2021/697
Article 4 – paragraph 6
| Text proposed by the Commission | Amendment |
| 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments. | 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments. Those commitments, including when broken down, shall be established at the beginning of the programme. |
Or. fr
Amendment 183
Lynn Boylan
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Regulation (EU) 2021/697
Article 4
| Text proposed by the Commission | Amendment |
| 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments.; | 6. The budgetary commitments relating to the Programme and which cover activities extending over more than one financial year may be broken down over several years into annual instalments, excluding where such instalments would be paid beyond 31 December 2027.; |
Or. en
Amendment 184
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/697
Article 5
| Text proposed by the Commission | Amendment |
| (2a) Article 5 is replaced by the following: | |
| ‘The Fund shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries) and to the participation of Ukraine.’; |
Or. en
Amendment 185
Christine Singer, Olivier Chastel
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
| Text proposed by the Commission | Amendment |
| (2a) The Commission can grant financial aid directly and without a call for proposals in the interest of defense readiness or in urgent security policy situations, provided that the measure demonstrably contributes to strengthening the European technological and industrial base. |
Or. en
Justification
The addition provides the Commission with the flexibility to allocate funding directly in cases of urgent defence or security needs. This allows faster implementation of strategic projects while maintaining transparency and accountability within the European Defence Fund.
Amendment 186
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/697
Article 5
| Present text | Amendment |
| (2a) Article 5 is replaced by the following: | |
| The Fund shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries). | 'The Fund shall be open to the participation of members of the European Free Trade Association which are members of the EEA, in accordance with the conditions laid down in the Agreement on the European Economic Area (associated countries), and to Ukraine.'; |
Or. en
(2021/697)
Amendment 187
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 5 – paragraph 1 – point 3
| Text proposed by the Commission | Amendment |
| (3) in Article 8(2) the second sentence is deleted. | deleted |
Or. en
Amendment 188
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| (4) in Article 9(2) the following second sub-paragraph is inserted: | deleted |
| ‘By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.;’ |
Or. en
Amendment 189
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| (4) in Article 9(2) the following second sub-paragraph is inserted: | deleted |
| ‘By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.;’ |
Or. en
Amendment 190
Nathalie Loiseau, Marjan Šarec
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located in Ukraine; |
Or. en
(See wording of Article 9, paragraph 2 of Regulation (EU) 2021/697.)
Justification
Stricter rewording to avoid any weakening of the eligibility criteria.
Amendment 191
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2 – subparagraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held in Ukraine. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23. |
Or. en
Amendment 192
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held in Ukraine. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Amendment 193
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held in Ukraine, or in associated countries or in countries having a security partnership with the Union or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Amendment 194
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | ‘By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, after priority has been offered to EU countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.’; |
Or. ro
Amendment 195
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held in Ukraine, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Amendment 196
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held on the Ukrainian territory, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Amendment 197
György Hölvényi, András Gyürk, Viktória Ferenc
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) shall be located or held within the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Amendment 198
Petra Steger
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union or its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; |
Or. en
Justification
The defence interests of the Union are not necessarily equal to those of the member states. Since defense is inherently a question of national sovereignty, the wording of the paragraph should be amended accordingly.
Amendment 199
Jussi Saramo
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held outside the territory of the Member States or of the associated countries, as established by the work programme. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.; | ‘By way of derogation from the first subparagraph, infrastructures, facilities, assets and resources used by recipients and subcontractors involved in the action for testing of a defence product, tangible or intangible component or technology, as referred to in Article 10(3), point (f) may be located or held in Ukraine. Testing activities in other third countries shall not be eligible for funding. This shall not contravene the security and defence interests of the Union and its Member States and, shall be consistent with the objectives set out in Article 3 and shall comply with Articles 20 and 23.’; |
Or. en
Amendment 200
Yannis Maniatis
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
| In such cases, appropriate measures shall be taken to ensure effective control, monitoring, and protection of sensitive information, intellectual property, and classified data, including the requirement for security assessments and prior authorisation by the Commission, in consultation with the relevant Member States, before the use of such non-EU infrastructures or resources is approved. |
Or. en
Amendment 201
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 4
Regulation (EU) 2021/697
Article 9 – paragraph 2 – subparagraph 2 a (new)
| Text proposed by the Commission | Amendment |
| The costs related to the establishment or operation of energy infrastructure based on low-carbon sources, including nuclear energy, that directly enhance the resilience, autonomy or operational sustainability of defence production facilities shall be considered eligible. |
Or. en
Justification
Clarifies that EDF funding can include costs for energy infrastructure essential to industrial and operational resilience.
Amendment 202
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Article 5 – paragraph 1 – point 4 a (new)
| Text proposed by the Commission | Amendment |
| (4a) Tests in third countries, particularly in partner states, may be considered for funding, provided they serve the testing or certification of defense technologies under real operational conditions and ensure a rapid return of the results to the European value chain. |
Or. en
Justification
This amendment clarifies that testing activities carried out in partner countries may be eligible for funding if they are necessary to validate defence technologies under realistic conditions. It ensures that test results remain integrated into the EU industrial value chain.
Amendment 203
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 4 a (new)
Regulation (EU) 2021/697
Article 10 – paragraph 3
| Present text | Amendment |
| (4a) Article 10 is amended as follows: | |
| (i) the development of technologies or assets increasing efficiency across the life cycle of defence products and technologies. | (a) in paragraph 3, the following sub-paragraph (j) is inserted: |
| (j) activities that aim to contribute to the deployment of an EDPCI as identified in accordance with Article 21i(4) of Regulation XXX [EDIP].’ |
Or. en
(Regulation 2021/697)
Amendment 204
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 4 b (new)
Regulation (EU) 2021/697
Article 10 – paragraph 3a (new)
| Text proposed by the Commission | Amendment |
| (4b) In Article 11, the following paragraph 3a is added: | |
| 3a. Where the Council activates the measures in Article 52 of Regulation XXX [EDIP], activities that aim at significantly accelerating the research and development of defence products or components shall also be eligible for funding.’; |
Or. en
Amendment 205
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| (5) in Article 11(1) the second sub-paragraph is replaced by the following: | deleted |
| ‘In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | |
| ________ | |
| * Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).;’ |
Or. en
Amendment 206
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 5 – paragraph 1 – point b
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| (5) in Article 11(1) the second sub-paragraph is replaced by the following: | deleted |
| ‘In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article. | |
| ________ | |
| * Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).’ |
Or. fr
Amendment 207
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | deleted |
Or. en
Justification
Calls for proposals and tender calls guarantee transparency and fair processes. They should not be removed from the process.
Amendment 208
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11, paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | Union funding may be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; for a research and development action that has previously received Member State or Union funding following competitive calls; |
Or. en
Amendment 209
Lynn Boylan
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198(a) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*’; |
Or. en
Amendment 210
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | ‘In certain duly substantiated, appropriately justified and well-reasoned circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; |
Or. ro
Amendment 211
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 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article. | In certain duly substantiated and exceptional circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article. |
Or. fr
Amendment 212
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1 – subparagraph 2
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | In certain duly substantiated and exceptional circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; |
Or. en
Amendment 213
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | In certain duly substantiated and exceptional circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; |
Or. en
Amendment 214
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | In certain duly substantiated and exceptional circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article. |
Or. en
Amendment 215
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 5
Regulation (EU) 2021/697
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
| In certain duly substantiated circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council*, including in cases provided for in the first subparagraph, point (e), of that Article.’; | In certain duly substantiated and exceptional circumstances, Union funding may also be granted without a call for proposals in accordance with Article 198 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council* first subparagraph, point (e).’; |
Or. en
Amendment 216
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/697
Article 11 – paragraph 2 – subparagraph 1 a (new)
| Text proposed by the Commission | Amendment |
| (5a) In Article 11, paragraph 2, the following subparagraph is added: | |
| The Commission shall, by means of implementing acts, award the funding referred to in the first subparagraph of paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).The Council shall, by means of implementing acts, award the funding referred to in the second subparagraph of paragraph 1 of this Article. |
Or. en
Amendment 217
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/697
Article 11 – paragraph 2
| Present text | Amendment |
| (5a) Article 11(2) is replaced by the following: | |
| 2. The Commission shall, by means of implementing acts, award the funding referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2). | 2. The Commission shall award the funding referred to in paragraph 1 of this Article. |
Or. en
(02021R0697)
Amendment 218
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 (–a) new
| Text proposed by the Commission | Amendment |
| 1(-a). In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of the following criteria: | |
| (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies; | |
| (b) its quality and efficiency of the implementation of the action; |
Or. en
Justification
Each proposal should be assessed on the basis of its contribution to excellence in the defence domain and on the basis of quality. These should not be voluntary award criteria.
Amendment 219
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of the following criteria, as set out in the work programme: |
| (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies; | |
| (b) its quality and efficiency of the implementation of the action; | |
| One or more of the following criteria, as set out in the work programme: |
Or. en
Amendment 220
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 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 201 and Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme. Proposals that demonstrate a direct contribution to strengthening the European Defence Technological and Industrial Base through the use of existing manufacturing capacities located within the Union shall be positively weighted. |
Or. en
Justification
This amendment introduces a positive weighting mechanism for proposals that leverage existing EU-based industrial capacities in strategic defence sectors. It incentivizes the use of proven, scalable, and secure production assets, and aligns EDF funding with the EU’s strategic autonomy and industrial resilience objectives.
Amendment 221
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall contribute to the objectives specified in Article 3 of this Regulation and shall be assessed on the basis of its quality and efficiency of the implementation of the corresponding action, and one or more of the following criteria as set out in the work programme: |
Or. en
Amendment 222
Yannis Maniatis
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on its consistency with the objectives set out in Article 3 and on the basis of at least 2 of the following criteria as set out in the work programme: |
Or. en
Amendment 223
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of the following criteria: |
Or. fr
Amendment 224
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme, on a call-by-call basis: |
Or. en
Amendment 225
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In addition to the criteria mentioned in paragraph 1, each proposal shall additionally be assessed on the basis of one or more of the following criteria, as set out in the work programme: |
Or. en
Justification
Each proposal should be assessed on the basis of its contribution to excellence in the defence domain and on the basis of quality. These should not be voluntary award criteria.
Amendment 226
Aurelijus Veryga
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of three or more of the following criteria as set out in the work programme: |
Or. en
Amendment 227
Rasa Juknevičienė
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or more of the following criteria as set out in the work programme: | 1. In accordance with Article 203 of Regulation (EU, Euratom) 2024/2509, each proposal shall be assessed on the basis of one or three of the following criteria as set out in the work programme: |
Or. en
Amendment 228
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies; | deleted |
Or. en
Justification
Each proposal should be assessed on the basis of excellence, this should not be a voluntary award criteria.
Amendment 229
Aura Salla, Sven Mikser
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies; | (a) deletion |
Or. en
Justification
Each proposal should be assessed on the basis of excellence, this should not be a voluntary award criteria.
Amendment 230
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
| (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies; | (a) its contribution to excellence in the defence domain, in particular by showing that the expected results of the proposed action present significant advantages over existing defence products or technologies and are capable of significantly improving the cost-efficiency and resilience of Union defence capabilities in the context of modern, low-cost and asymmetric threats; |
Or. en
Amendment 231
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 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
| (b) its contribution to the innovation or potential of disruption of the European defence industry, in particular by showing that the proposed action includes ground-breaking or novel concepts and approaches previously not applied in defence sector; | (b) its contribution to the innovation or potential of disruption of the European defence industry, in particular by showing that the proposed action includes ground-breaking or novel concepts and approaches previously not applied in defence sector, including solutions to speed up production and application of existing technologies; |
Or. en
Amendment 232
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) its contribution to the competitiveness of the European Defence Technological and Industrial Base by creating new market opportunities across the Union and beyond and accelerating the growth of companies throughout the Union; | (c) its contribution to the competitiveness of the European Defence Technological and Industrial Base by developing and using substitutes for scarce or critical materials and for substances of concern, in particular substitutes for critical raw materials and for substances of very high concern or that are subject to restriction under EU law, and by improving resource and energy efficiency, in particular of fossil fuels and other resources that are highly tactical or vital in operations; |
Or. en
Amendment 233
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
| (c) its contribution to the competitiveness of the European Defence Technological and Industrial Base by creating new market opportunities across the Union and beyond and accelerating the growth of companies throughout the Union; | (c) its contribution to the competitiveness of the European Defence Technological and Industrial Base by creating new market opportunities across the Union and beyond, awarding priority to the Member States, and accelerating the growth of companies throughout the Union; |
Or. ro
Amendment 234
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 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) its contribution to reducing dependency on non-Union sources and strengthening security of supply; | (d) its contribution to reducing dependency on non-Union sources and strengthening security of supply, including through bringing all elements of critical defence production supply chains to the EU territory, particularly when it comes to key materials and substances such as rare earths and energetic materials; |
Or. en
Amendment 235
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point d
| Text proposed by the Commission | Amendment |
| (d) its contribution to reducing dependency on non-Union sources and strengthening security of supply; | (d) its contribution to reducing dependency on non-Union sources and strengthening security of supply throughout the Union in response to identified risks, including in particular high exposure to the risk of materialisation of conventional military threats; |
Or. en
Amendment 236
Virginijus Sinkevičius, Mārtiņš Staķis
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) its contribution to cross-border cooperation between legal entities established in Member States or associated countries, in particular with SMEs and mid-caps that bring substantial added-value to the action, as recipients, subcontractors involved in the action or as other legal entities in the supply chain; | (e) its contribution to cross-border cooperation between legal entities established in Member States or associated countries, notably with common geographical proximity, in particular with SMEs and mid-caps that bring substantial added-value to the action, as recipients, subcontractors involved in the action or as other legal entities in the supply chain; |
Or. en
Amendment 237
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
| (e) its contribution to cross-border cooperation between legal entities established in Member States or associated countries, in particular with SMEs and mid-caps that bring substantial added-value to the action, as recipients, subcontractors involved in the action or as other legal entities in the supply chain; | (e) its contribution to cross-border cooperation between legal entities established in Member States, as a priority, or associated countries, in particular with SMEs and mid-caps that bring substantial added-value to the action, as recipients, subcontractors involved in the action or as other European legal entities in the supply chain; |
Or. ro
Amendment 238
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) its quality and efficiency of the implementation of the action; | deleted |
Or. en
Justification
Each proposal should be assessed on the basis of quality, this should not be a voluntary award criteria.
Amendment 239
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) its quality and efficiency of the implementation of the action; | deleted |
Or. en
Amendment 240
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) its quality and efficiency of the implementation of the action; | deleted |
Or. en
Justification
Each proposal should be assessed on the basis of quality, this should not be a voluntary award criteria.
Amendment 241
Alexandr Vondra, Veronika Vrecionová, Ondřej Krutílek, Cristian Terheş, Georgiana Teodorescu, Geadis Geadi, Rihards Kols, Claudiu-Richard Târziu, Aurelijus Veryga, Jana Nagyová, Ondřej Knotek, Adrian-George Axinia, Elena Donazzan, Alberico Gambino
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point f
| Text proposed by the Commission | Amendment |
| (f) its quality and efficiency of the implementation of the action; | (f) its quality, speed, and efficiency of the implementation of the action; |
Or. en
Amendment 242
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point g
| Text proposed by the Commission | Amendment |
| (g) its contribution to increasing efficiency across the life cycle of defence products and technologies, including cost-effectiveness and the potential for synergies in the procurement, maintenance and disposal processes; | (g) its contribution to increasing efficiency, including appropriate transparency and accountability provisions among contractors and sub-contractors, across the life cycle of defence products and technologies, including cost-effectiveness and the potential for synergies in the procurement, maintenance and disposal processes; |
Or. en
Amendment 243
Lynn Boylan, Marc Botenga, Jussi Saramo
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point g a (new)
| Text proposed by the Commission | Amendment |
| (ga) its environmental impact and the carbon emission resulting from the research on and deployment of the relevant defence technology; |
Or. en
Amendment 244
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h
| Text proposed by the Commission | Amendment |
| (h) its contribution to the further integration of the European defence industry throughout the Union, in particular regarding joint use, ownership or maintenance of the final product or technology. | (h) its contribution to the further cooperation of the European defence industry throughout the Union, in particular regarding joint use, ownership and maintenance of the final product or technology. |
Or. fr
Amendment 245
Ivars Ijabs, Engin Eroglu, Bart Groothuis, Sophie Wilmès, Katri Kulmuni, Michał Kobosko
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) the contribution to ensuring availability and security of supply throughout the Union in response to identified risks, including in particular high exposure to the risk of materialisation of conventional military threats; |
Or. en
Amendment 246
Rihards Kols
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) the contribution to ensuring availability and security of supply throughout the Union in response to identified risks, including in particular high exposure to the risk of materialisation of conventional military threats; |
Or. en
Amendment 247
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) Its contribution to the interoperability and interchangeability of final defence products and technologies, and to the reduction of the variety of products fulfilling similar operational needs; |
Or. en
Amendment 248
Eszter Lakos, Eva Maydell, Michał Szczerba, Radan Kanev, Kamila Gasiuk-Pihowicz, Rasa Juknevičienė
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) the participation of Member States or entities located in Member States with highest exposure to the risk of materialisation of conventional military threats; | |
| (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) |
Or. en
Amendment 249
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) the participation of Member States with highest exposure to the risk of materialisation of conventional military threats. |
Or. en
Amendment 250
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) The participation of Member States with highest exposure to the risk of materialisation of conventional military threats; |
Or. en
Amendment 251
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) the participation of Member States most exposed to conventional military threats. |
Or. en
Amendment 252
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 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 – point h a (new)
| Text proposed by the Commission | Amendment |
| (ha) its contribution to the geographical distribution throughout the Union |
Or. en
Amendment 253
Lynn Boylan, Marc Botenga, Jussi Saramo
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. Notwithstanding paragraph 1, no proposal shall be awarded funding where there is a reasonable expectation that Union funds could be used in contravention of the Convention on Cluster Munitions or the Anti-Personnel Landmines Convention. |
Or. en
Amendment 254
Jana Nagyová, Ondřej Knotek, Alexandr Vondra, Ondřej Krutílek, Antonín Staněk, Jorge Buxadé Villalba
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| 1a. The evaluation shall award priority to projects integrating dual-use applications or civil-defence research synergies contributing to the security of supply and technological autonomy. |
Or. en
Justification
Encourages cross-sectoral innovation and easier cooperation between civil R&D and defence actors.
Amendment 255
Eero Heinäluoma, Sofie Eriksson
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals.; | 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals.; Priority shall be given to criteria a) contribution to excellence and b) quality and efficiency. The weighting and scoring thresholds applied to these criteria shall be transparent and clear and reflect their priority, ensuring alignment with the objectives of this provision and the Union’s strategic autonomy goals.; |
Or. en
Amendment 256
Yannis Maniatis
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 697/2021
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals.; | 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1 by ensuring transparency in the scoring, weighting, and thresholds applicable to each award criterion. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals.; |
Or. en
Amendment 257
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals.; | 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, and scoring thresholds, taking into consideration the objectives of the call for proposals.; |
| In the case of ex aequo proposals, the award decision will be taken by lot. |
Or. en
Amendment 258
Aleksandar Nikolic, Julie Rechagneux, Christophe Bay, Pascale Piera, Mathilde Androuët, Matthieu Valet, Marie-Luce Brasier-Clain, Pierre-Romain Thionnet
Proposal for a regulation
Article 5 – paragraph 1 – point 6
Regulation (EU) 2021/697
Article 12 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. The work programme shall lay down details concerning the selection procedures, and the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals. | 2. The work programme shall lay down details concerning the application of the award criteria listed in paragraph 1. This shall include any weighting of the criteria, scoring thresholds and, where relevant, rules for dealing with ex aequo proposals, taking into consideration the objectives of the call for proposals. |
Or. fr
Amendment 259
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 6 a (new)
Regulation (EU) 2021/697
Article 12 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
| (6a) In Article 12, a new paragraph is added: | |
| This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. | |
| Member States shall endeavour to use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. | |
| Following the adoption of a work programme, the European Commissions shall publish, at the same time as the work programme, a list of the member states that have informed the European Commissions that they use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council for the purpose of responding to the calls for proposals. | |
| * Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj). |
Or. en
Amendment 260
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a
Regulation (EU) 2021/697
Article 13 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. By way of derogation from paragraph 1 of this Article, support from the Fund shall not exceed 20 % of the eligible costs for activities referred to in Article 10(3), point (e), without prejudice to higher funding rates which may apply in accordance with paragraph 3 of this Article.; | 2. By way of derogation from paragraph 1 of this Article, support from the Fund shall not be granted for activities referred to in Article 10(3), point (e), without prejudice to funding rates which may apply in accordance with paragraph 3 of this Article.; |
Or. en
Amendment 261
Aura Salla, Sven Mikser
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a a (new)
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point a
| Present text | Amendment |
| (aa) In Article 13, paragraph 3, point (a) is replaced by the following: | |
| (a) an action developed in the context of a project of PESCO, as established by Council Decision (CFSP) 2017/2315 ( 4 ), may benefit from a funding rate increased by an additional 10 percentage points; | (a) an action developed in the context of a project of PESCO, as established by Council Decision (CFSP) 2017/2315 ( 4 ), may benefit from a funding rate increased by an additional 10 percentage points; |
Or. en
(02021R0697)
Amendment 262
Rihards Kols
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) Member States, European Union institutions, bodies and agencies, third countries, international organisations, international financial institutions or other third parties, may provide additional financial contributions to the Fund. | |
| Additional financial contributions of the Member State to the Fund shall be used for the benefit of the Member State concerned, such as co-financing of development actions. Such financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a), (d), or (e) or Article 21(5) of the Financial Regulation. |
Or. en
Amendment 263
Davor Ivo Stier
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. | (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. For SMEs participating as recipients, administrative requirements shall be proportionate to their size and role. The Commission may establish simplified reporting templates and reduced documentation requirements for SMEs. In addition, sector-specific regulatory exceptions—particularly concerning environmental regulations, energy and utility infrastructure, and spatial planning – may apply to activities under this funding for SMEs participating as recipients, provided that strict oversight mechanisms and conditional reviews are put in place to prevent misuse. |
Or. en
Amendment 264
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. | (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. For SMEs participating as recipients, administrative requirements shall be proportionate to their size and role. The Commission may establish simplified reporting templates and reduced documentation requirements for SMEs |
Or. en
Amendment 265
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. | (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the – clearly defined and established – total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. |
Or. ro
Amendment 266
Alexandr Vondra, Veronika Vrecionová, Ondřej Krutílek, Cristian Terheş, Georgiana Teodorescu, Geadis Geadi, Rihards Kols, Claudiu-Richard Târziu, Aurelijus Veryga, Jana Nagyová, Ondřej Knotek, Adrian-George Axinia, Elena Donazzan, Alberico Gambino
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 10 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. | (b) an activity may benefit from an increased funding rate, as referred to in this point, where at least 20 % of the total eligible costs of the activity are allocated to SMEs established in Member States or in associated countries and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain. |
Or. en
Amendment 267
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| The funding rate may be increased by percentage points equivalent to the percentage of the total eligible costs of the activity allocated to SMEs established in Member States or in associated countries in which recipients that are not SMEs or mid-caps are established and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain, up to an additional 5 percentage points. | The funding rate may be increased by percentage points equivalent to the percentage of the total eligible costs of the activity allocated to SMEs established in Member States – awarding these priority – or in associated countries in which recipients that are not SMEs or mid-caps are established and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain, up to an additional 5 percentage points. |
Or. ro
Amendment 268
Alexandr Vondra, Veronika Vrecionová, Ondřej Krutílek, Cristian Terheş, Georgiana Teodorescu, Rihards Kols, Claudiu-Richard Târziu, Aurelijus Veryga, Jana Nagyová, Ondřej Knotek, Adrian-George Axinia, Elena Donazzan, Alberico Gambino
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| The funding rate may be increased by percentage points equivalent to the percentage of the total eligible costs of the activity allocated to SMEs established in Member States or in associated countries in which recipients that are not SMEs or mid-caps are established and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain, up to an additional 5 percentage points. | The funding rate may be increased by percentage points equivalent to the percentage of the total eligible costs of the activity allocated to SMEs established in Member States or in associated countries in which recipients that are not SMEs or mid-caps are established and which participate in the activity as recipients, subcontractors or other legal entities in the supply chain, up to an additional 10 percentage points. |
Or. en
Amendment 269
Elena Donazzan, Alberico Gambino, Alexandr Vondra
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| The funding rate may be increased by percentage points equivalent to twice the percentage of the total eligible costs of the activity allocated to cross-border SMEs as defined in Article 2, point (6a), which participate in the activity as recipients, subcontractors or other legal entities in the supply chain; | The funding rate may be increased by percentage points equivalent to twice the percentage of the total eligible costs of the activity allocated to cross-border SMEs as defined in Article 2, point (6a); |
Or. en
Amendment 270
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point b
| Text proposed by the Commission | Amendment |
| The funding rate may be increased by percentage points equivalent to twice the percentage of the total eligible costs of the activity allocated to cross-border SMEs as defined in Article 2, point (6a), which participate in the activity as recipients, subcontractors or other legal entities in the supply chain;; | The funding rate may be increased by percentage points equivalent to twice the percentage of the total eligible costs of the activity allocated to cross-border SMEs as defined in Article 2, point (6a); |
Or. en
Amendment 271
Rihards Kols
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b
Regulation (EU) 2021/697
Article 13 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| In Article 13, the following paragraph is added: | |
| (4) In duly justified cases, EDF support may cover costs for external consultancy services related to the preparation of funding applications by applicants located in Member States most exposed to conventional threats, provided these costs are compatible with the de minimis thresholds and proportional to the action scope. |
Or. en
Amendment 272
Virgil-Daniel Popescu
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point b a (new)
| Text proposed by the Commission | Amendment |
| (ba) activities involving SMEs developing dual-use energy, propulsion, storage or nuclear safety technologies relevant to defence applications shall benefit from additional points in the funding rate. |
Or. en
Justification
Supports SMEs active in dual-use technologies (energy, propulsion, storage, nuclear) with direct impact on defence autonomy.
Amendment 273
Ivars Ijabs, Engin Eroglu, Bart Groothuis, Sophie Wilmès, Katri Kulmuni, Michał Kobosko
Proposal for a regulation
Article 5 – paragraph 1 – point 7 a (new)
Regulation (EU) 2021/697
Article 13 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| (7a) In Article 13, a new paragraph is added: | |
| 3a. Member States, European Union institutions, bodies and agencies, third countries, international organisations, international financial institutions or other third parties, may provide additional financial contributions to the Fund. Additional financial contributions of the Member State to the Fund shall be used for the benefit of the Member State concerned, such as co-financing of development actions. Such financial contributions shall constitute external assigned revenue within the meaning of Article 21(2), points (a), (d), or (e) or Article 21(5) of the Financial Regulation. |
Or. en
Amendment 274
Jana Nagyová, Ondřej Knotek, Pascale Piera, Alexandr Vondra, Ondřej Krutílek, Antonín Staněk, Aleksandar Nikolic, Jorge Buxadé Villalba
Proposal for a regulation
Article 5 – paragraph 1 – point 7 a (new)
Regulation (EU) 2021/697
Article 13 – paragraph 3 a (new)
| Present text | Amendment |
| (7a) In Article 13a new paragraph is added: | |
| - | 3a. At least 20 % of the annual EDF financial envelope shall be dedicated to projects led by SMEs, mid-caps or innovative start-ups established in Member States or associated countries. Consortia including two entities from at least two Member States shall be eligible for SME-specific calls. |
Or. en
(02021R0697)
Justification
This amendment ensures a meaningful share of EDF resources benefits smaller innovative actors that form the backbone of Europe’s defence supply chain. By dedicating 20 % of the EDF to SME- and start‑up‑led projects and lowering the consortium threshold, it enhances cross‑border cooperation, competition, and innovation while broadening participation across Member States.
Amendment 275
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Article 5 – paragraph 1 – point 7 a (new)
Regulation (EU) 2021/697
Article 13 – paragraph 3 – point c a (new)
| Text proposed by the Commission | Amendment |
| (7a) In Article 13, a new point is added: | |
| (ca) The financing rate can be increased by up to 10 percentage points if more than 20 % of the eligible costs are awarded to SMEs or midcap companies established in the Union. This increase can amount to up to 15 percentage points if the participating companies establish significant production or development activities within the Union. |
Or. en
Justification
The amendment introduces stronger incentives for projects involving a significant share of SMEs and mid-cap companies. By increasing co-financing rates in such cases, it promotes broader industrial participation and encourages investment and manufacturing within the EU.
Amendment 276
Diana Iovanovici Şoşoacă
Proposal for a regulation
Article 5 – paragraph 1 – point 9
Regulation (EU) 2021/697
Article 17 - paragraph 2 - point b
| Text proposed by the Commission | Amendment |
| (b) may authorise, in specific cases, the award of multiple contracts within the same procedure (multiple sourcing); | (b) may authorise, in specific cases, justified by operational, security or emergency requirements, the award of multiple contracts within the same procedure (multiple sourcing); |
Or. ro
Amendment 277
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 9
Regulation (EU) 2021/697
Article 17 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
| (b) may authorise, in specific cases, the award of multiple contracts within the same procedure (multiple sourcing); | (b) may authorise, the award of multiple contracts within the same procedure (multiple sourcing); to more than one contracting authority or contracting entity; |
Or. en
Amendment 278
Lynn Boylan, Marc Botenga
Proposal for a regulation
Article 5 – paragraph 1 – point 10
Regulation (EU) 2021/697
Article 22
| Text proposed by the Commission | Amendment |
| (10) Article 22 is deleted; | deleted |
Or. en
Amendment 279
Yannis Maniatis
Proposal for a regulation
Article 5 – paragraph 1 – point 10
Regulation (EU) 2021/697
Article 22
| Text proposed by the Commission | Amendment |
| (10) Article 22 is deleted; | (10) Article 22 is amended as follows: |
| The work programme shall ensure that, for development actions, the potential for integration of the final product or technology through joint use, ownership, or maintenance by multiple Member States or associated countries is duly considered as a key element of Union added value. To this end, proposals shall outline any commitments already made or steps to be taken to establish such arrangements. |
Or. en
Amendment 280
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall endeavour to use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. | deleted |
Or. en
Amendment 281
Mārtiņš Staķis, Virginijus Sinkevičius
on behalf of the Verts/ALE Group
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall endeavour to use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. | 3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. |
Or. en
Amendment 282
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall endeavour to use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. | 3. This Regulation shall not affect the Member States’ discretion as regards their policy on the transfer and export of defence-related products. As regards transfers, Member States shall use general transfer licences as referred to in Article 5 of Directive (EC) 2009/43 of the European Parliament and of the Council* and avoid disproportionate administrative pre-conditions to ensure the smooth implementation of the actions. |
Or. en
Amendment 283
Marc Botenga, Lynn Boylan
on behalf of The Left Group
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 4
| Text proposed by the Commission | Amendment |
| With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3 years after the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed.’; | With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3 years after the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed. The European Union should ensure that a non-EU parent company cannot access sensitive information, and that results and intellectual property rights remain with the EU entity. The European Commission shall make the safeguards public and guarantee non-EU companies signed off and respect those safeguards. |
Or. en
Amendment 284
Stine Bosse, Martin Hojsík, Gerben-Jan Gerbrandy, Michal Wiezik, Sigrid Friis
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 4
| Text proposed by the Commission | Amendment |
| With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3 years after the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed.’; | With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3 years after the final payment of the action. If such a transfer of ownership in any respect contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed.’; |
Or. en
Amendment 285
Sophie Wilmès, Christophe Grudler
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 3
| Text proposed by the Commission | Amendment |
| With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 3 years after the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed. | With regard to results generated by recipients through development actions supported by the Fund, and without prejudice to paragraph 3 of this Article, the Commission shall be notified prior to any transfer of ownership to a non-associated third country or to a non-associated third-country entity, which takes place within 5 years after the final payment of the action. If such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3, the support provided from the Fund shall be reimbursed. |
Or. fr
Justification
The introduction of a limit of 3 years before the property of results obtained with financing from the European Defence Fund can be transferred to non-partner countries and this, against the interest of the Union, is too short. This amendment changes that limit to 5 years instead of 3 years.
Amendment 286
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a
Regulation (EU) 2021/697
Article 23 – paragraph 3
| Text proposed by the Commission | Amendment |
| * Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1, ELI: http://data.europa.eu/eli/dir/2009/43/oj).; | deleted |
Or. en
Amendment 287
Jorge Buxadé Villalba
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point a a (new)
| Text proposed by the Commission | Amendment |
| (aa) the following paragraph 5 is added: | |
| The conditions shall be reinforced to ensure that the transfer of technology and results to non-associated third countries does not compromise the strategic and security interests of the Member States, while respecting the sovereignty of each Member State and promoting voluntary cooperation within the Union framework. |
Or. en
Amendment 288
Angelika Niebler
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23
| Text proposed by the Commission | Amendment |
| (b) the following paragraph 6 is added: | deleted |
| ‘6. | |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | |
| Terms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.;’ |
Or. en
Amendment 289
Sven Mikser, Aura Salla
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| (b) the following paragraph 6 is added: | deleted |
| ‘6. | |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | |
| Terms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.;’ |
Or. en
Amendment 290
Niclas Herbst
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | deleted |
Or. en
Justification
The proposed Article 23(6) fundamentally changes the EDF Regulation’s rights balance. Instead of simplifying, it undermines IPR, discourages innovation, and risks delaying adoption. It should therefore be deleted.
Amendment 291
Alice Teodorescu Måwe
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 5 – paragraph 1 – point 11 – point b
| Text proposed by the Commission | Amendment |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | deleted |
Or. en
Amendment 292
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. For defence-related development activities, such access is essential to strengthen the Union’s overall defence readiness and to achieve Defence 2030 objectives. |
Or. en
Amendment 293
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
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| Access rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. | User rights to the results of development actions shall be granted to the national authorities co-financing the action under fair and reasonable conditions to be agreed upon with the recipients generating those results. |
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 refer 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 294
Niclas Herbst
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| Terms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.; | deleted |
Or. en
Justification
The proposed Article 23(6) fundamentally changes the EDF Regulation’s rights balance. Instead of simplifying, it undermines IPR, discourages innovation, and risks delaying adoption. It should therefore be deleted.
Amendment 295
Alice Teodorescu Måwe
Proposal for a regulation
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 5 – paragraph 1 – point 11 – point b
| Text proposed by the Commission | Amendment |
| Terms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.; | deleted |
Or. en
Amendment 296
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
Article 5 – paragraph 1 – point 11 – point b
Regulation (EU) 2021/697
Article 23 – paragraph 6
| Text proposed by the Commission | Amendment |
| Terms and conditions for the exercise of such access rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.; | Terms and conditions for the exercise of such user rights shall be defined in the contractual relationship between the recipients and the national authorities co-financing the action.; |
Or. en
Justification
This amendment replaces the term ‘access rights’ with ‘rights to us’ in Article 23. While Article 20 of Regulation (EU) 2021/697 and the Commission proposal still refer 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 297
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 12
Regulation (EU) 2021/697
Article 24 – paragraph 1
| Text proposed by the Commission | Amendment |
| 1. The Fund shall be implemented by means of annual or multiannual work programmes as referred to in Article 110(2) of the Regulation (EU, Euratom) 2024/2509. Work programmes shall set out, where applicable, the overall amount reserved for blending operations.. | 1. The Fund shall be implemented by means of annual work programmes or a multiannual work programme for 2026 and 2027 as referred to in Article 110(2) of the Regulation (EU, Euratom) 2024/2509. Work programmes shall set out, where applicable, the overall amount reserved for blending operations.. |
Or. en
Amendment 298
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 12 a (new)
Regulation (EU) 2021/697
Article 24 – paragraph 3
| Present text | Amendment |
| The work programmes shall set out in detail the research topics and the categories of actions to be supported by the Fund. Those categories shall be in line with the defence priorities referred to in Article 3. | The work programmes shall set out in detail the research topics and the categories of actions to be supported by the Fund. Those categories shall be in line with the defence priorities referred to in Article 3. |
| With the exception of the part of the work programme dedicated to disruptive technologies for defence, the research topics and categories of actions referred to in the first subparagraph shall cover defence products and technologies in the fields of: | With the exception of the part of the work programme dedicated to disruptive technologies for defence, the research topics and categories of actions referred to in the first subparagraph shall cover defence products and technologies in the fields of: |
| (a) preparation, protection, deployment and sustainability; | (a) preparation, protection, deployment and sustainability; |
| (b) information management and superiority, and command, control, communication, computers, intelligence, surveillance and reconnaissance (C4ISR), cyber defence and cybersecurity; and | (b) information management and superiority, and command, control, communication, computers, intelligence, surveillance and reconnaissance (C4ISR), cyber defence and cybersecurity; and |
| (c) engagement and effectors | (c) engagement and effectors, or |
| By derogation from paragraph 3 of this Article, the multiannual work programme for 2026 and 2027 shall exclusively cover defence products and technologies addressing the critical capability gaps referred to in the White Paper for European Defence – Readiness 2030 and Preserving Peace – Defence Readiness Roadmap 2030, or cover cases where the second subparagraph of paragraph 2 of Article 11 applies. |
Or. en
(Regulation (EU) 2021/697)
Amendment 299
Jana Nagyová, Ondřej Knotek, Alexandr Vondra, Ondřej Krutílek, Antonín Staněk, András Gyürk
Proposal for a regulation
Article 5 – paragraph 1 – point 12 a (new)
Regulation (EU) 2021/697
Article 24 – paragraph 4 a (new)
| Present text | Amendment |
| (12a) in Article 24, paragraph 4 a (new) is added: | |
| - | The Commission shall ensure balanced geographic participation across Member States in the implementation of EDF work programmes, avoiding structural concentration of funds in specific regions. |
Or. en
(02021R0697)
Justification
This amendment guarantees that the European Defence Fund benefits all Member States, not only those with established defence industries. By ensuring balanced geographic participation, it promotes cohesion, prevents structural concentration of resources in larger economies, and supports innovation and industrial capacity building across the entire Union, strengthening the resilience of the European Defence Technological and Industrial Base
Amendment 300
Christine Singer, Olivier Chastel
Proposal for a regulation
Article 5 – paragraph 1 – point 12 a (new)
| Text proposed by the Commission | Amendment |
| (12a) Multiannual work programs should be the norm to provide companies, especially SMEs, with planning security and a continuous innovation pipeline. |
Or. en
Justification
The amendment makes multi-annual work programmes the standard for the European Defence Fund. This provides greater predictability for industry actors and facilitates long-term research and development planning.
Amendment 301
Christine Singer, Olivier Chastel, Katri Kulmuni
Proposal for a regulation
Article 5 – paragraph 1 – point 12 b (new)
| Text proposed by the Commission | Amendment |
| (12b) The Commission shall submit an annual brief report to the European Parliament and the Council on the application of the exceptions and acceleration measures provided for in this Regulation, focusing on their impact, the involvement of SMEs, and their contribution to the Union's defense capabilities. The report must not contain any confidential or security-related data. |
Or. en
Justification
This amendment ensures transparency and parliamentary oversight by requiring a short annual report on the use and impact of exemptions and acceleration measures. It allows monitoring of SME participation and defence capability improvements without adding administrative burden or disclosing confidential or security-sensitive information.
Amendment 302
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 – point 12 b (new)
Regulation (EU) 2021/697
Article 24 – paragraph 5
| Text proposed by the Commission | Amendment |
| (12b) The work programme shall contain a statement that any Union payment will be subject to the presentation, by the beneficiaries, of all licenses referred to in Directive (EC) 2009/43 of the European Parliament and of the Council that are deemed necessary for the smooth implementation of an action. |
Or. en
Amendment 303
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Regulation (EU) 2021/697
Article 3 – paragraph 2
| Present text | Amendment |
| Such collaboration shall be consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP) and in particular in the context of the CDP. | Such collaboration shall be consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy (CFSP) and in particular in the context of the CDP, or addressing the critical capability gaps referred to in the White Paper for European Defence – Readiness 2030, and Preserving Peace – Defence Readiness Roadmap 2030 |
Or. en
(Regulation (EU) 2021/697)
Amendment 304
Matej Tonin
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Regulation (EU) 2021/697
Article 34 – paragraph 1
| Present text | Amendment |
| The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. | The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
| The European Defence Agency shall be invited to provide its views and expertise to the committee as an observer. The European External Action Service shall also be invited to assist in the committee. | The European Defence Agency shall be invited to provide its views and expertise to the committee as an observer. The European External Action Service shall also be invited to assist in the committee. |
| The committee shall also meet in special configurations, including in order to discuss defence and security aspects relating to actions carried out under the Fund. | For each proposal for which an award is envisaged based on the multiannual work programme 2026 and 2027, the European Defence Agency shall provide a detailed assessment of the proposal's contribution to addressing the critical capability gaps referred to in the White Paper for European Defence – Readiness 2030 and Preserving Peace – Defence Readiness Roadmap 2030. |
| The committee shall also meet in special configurations, including in order to discuss defence and security aspects relating to actions carried out under the Fund. |
Or. en
(Regulation (EU) 2021/697)
Amendment 305
Yannis Maniatis
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| Article 9(2) second subparagraph and Article 13 of the Regulation (EU) 2021/697, as amended by the present Regulation, shall apply from 1 January 2025. | Article 9(2) second subparagraph and Article 13 of the Regulation (EU) 2021/697, as amended by the present Regulation, shall apply from 1 January 2025. Contracts concluded under Regulation (EU) 2021/697 before the publication of this Regulation shall not be unilaterally modified to the detriment of the beneficiaries. |
Or. en
Amendment 306
György Hölvényi, András Gyürk, Viktória Ferenc
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
| Article 9(2) second subparagraph and Article 13 of the Regulation (EU) 2021/697, as amended by the present Regulation, shall apply from 1 January 2025. | Article 13 of the Regulation (EU) 2021/697, as amended by the present Regulation, shall apply from 1 January 2025. |
Or. en