What changed between the plenary report and the adopted text

Removed:1a. In order to enter into purchase agreements with economic operators, representatives of the Commission, or experts nominated by the Commission, may carry out on-site visits in cooperation with relevant national authorities at the locations of production facilities of relevant defence products.

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

Removed:2. The system referred to in paragraph 1 shall allow interested Member States, associated countries and, where relevant, Ukraine to make bids indicating:

Removed:(a) the volume and quality of defence products they intend to purchase;

Removed:(b) the intended price or price range;

Removed:(c) the intended duration of the off-take agreement.

Removed:3. The system referred to in paragraph 1 shall allow manufacturers of defence products which comply with conditions laid out in Article 10 to make offers indicating:

Removed:(a) the volume and quality of defence products for which they are seeking to conclude off-take agreements;

Removed:(b) the intended price or price range at which they are willing to sell;

Removed:(c) the intended duration of the off-take agreement.

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

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

Removed:6. The financial envelope referred to in Article 5(1) may cover the parts of the contract on non-recurrent costs and/or the reservation of manufacturing capacities.

Removed:Article 38 Acceleration of the permit-granting process for the timely availability and supply of relevant defence products

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

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

Removed:1. Member States shall adopt a list of national certification authorities for defence purposes and notify it to the Commission, which shall make it available to Member States.

Removed:2. The Commission shall, by the mean of implementing acts, draw and keep updated an official list of national certification authorities for defence purposes as identified by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).

Removed:3. A certification authority from one Member State may request from the certification authority of another Member State basic information about the scope of the certification of a certain defence product.

Removed:3a. Member States shall ensure a swift cooperation among the different national certification authorities referred to in paragraph 1. The Defence Industrial Readiness Board shall serve as a coordination and mediation platform, whenever necessary, in order to facilitate an efficient and effective movement of defence products in the internal market.

Removed:Supply chain surveillance and monitoring

Removed:1. The Commission, together with the Member States and the European Defence Agency in the framework of the Defence Industrial Readiness Board, shall carry out a mapping of the Union’s defence supply-chains, with the aim of building knowledge and capacity for future industrial policy measures and assessing the Union’s position in the global defence value chain.

Removed:1a. Member States shall map EDTIB’s supply chain in their territory and relay the relevant findings to the Commission and the European Defence Agency. The Defence Industrial Readiness Board shall issue guidance to further specify the information to be gathered and define the technical specifications and formats in which the information should be communicated. Member States may request the Commission and the European Defence Agency to assist them with collecting information from relevant undertakings on their territory.

Removed:1b. Based on the mapping referred to in paragraph 1, Member States shall, in close cooperation with the identified undertakings, continuously monitor their production capacity and their supply chains and assess their overall ability to respond to the expected evolution of the market demand.

Removed:1c. Without prejudice to their national security interests, Member States shall provide the Commission with information arising from paragraphs 1a and 1b that is needed to achieve the objectives of this Chapter.

Removed:1d. The Commission shall regularly update the mapping.

Removed:3. The Commission, together with the European Defence Agency and consulting the Defence Industrial Readiness Board, shall develop a framework and methodology for the identification of crisis-relevant products, with an emphasis on identifying bottlenecks, as well as their related manufacturing capacities in the Union.

Removed:4. The mapping referred to in paragraph 1 and identification referred to in paragraph 6 of this Article shall provide an analysis of the Union’s supply chains of crisis-relevant products and shall inform the programming of the Programme established under Chapter II.

Removed:5. To complement the data provided by Member States, the Commission shall use, inter alia, publicly and commercially available data and relevant non-confidential information from undertakings, the result of similar analysis performed, including in the context of Union law on raw materials and renewable energy, as well as the evaluations carried out pursuant to Article 66(1). Where this is not enough to identify the crisis-relevant products, the Commission may issue information requests to Member States so that they gather information from relevant actors involved in the concerned value chains and based in the Union, after consulting the Defence Industrial Readiness Board. Member States may refuse such requests on the basis of national security interests or decide to classify the information transmitted to the Commission.

Removed:6. The Commission shall, by means of implementing act, draw up and regularly update a list of crisis-relevant products based on the outcome of the exercise in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(3).

Removed:7. The Commission shall inform the Defence Industrial Readiness Board of the aggregate results of the activities carried out pursuant to this Article on a regular basis. Those results shall constitute classified information.

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

Removed:9. Any information obtained pursuant to this Article shall be treated in compliance with the confidentiality obligations set out in Article 61.

Removed:10. This Article shall be without prejudice to the protection of Member States’ essential security interests, as referred to in Article 346 TFEU (1) (a).

Removed:1. The Commission, together with the Member States and the European Defence Agency in the framework of the Defence Industrial Readiness Board, shall carry out regular monitoring of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products, identified in accordance with Article 40(6) with a view to identifying factors that may disrupt, compromise or negatively affect the supply of the crisis-relevant products they contribute to provide. The monitoring shall consist of the following activities:

Removed:(a) monitoring by Member States of early warning indicators at national level identified pursuant to Article 40(8);

Removed:(b) monitoring by Member States of the integrity of activities carried out by the key market actors referred to in Article 42 and reporting by Member States to the Defence Industrial Readiness Board on major events that may hinder the regular operations of such activities;

Removed:(ba) monitoring by key market actors referred to in Article 42 of their global value chains and reporting to the Defence Industrial Readiness Board on possible disruptions of supply which may affect their activities;

Removed:(c) identifying best practices for preventive risk mitigation and increased transparency of the Union’s manufacturing capacities necessary for the supply of crisis-relevant products.

Removed:The Commission, after consulting the Defence Industrial Readiness Board, shall establish the frequency of the monitoring.

Removed:2. Member States shall pay particular attention to SMEs to minimise administrative burden resulting from the information collection and may, in exceptionally burdensome cases, provide dedicated assistance.

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

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

Removed:5. For the purposes of paragraph 3, national competent authorities shall establish and maintain a list of contacts of all relevant undertakings contributing effectively or potentially to the supply of the crisis-relevant products, which are established in their territory. The Commission shall provide for a standardised format for the list of contacts with a view to ensuring interoperability.

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

Removed:7. On the basis of the information collected through the activities under this Article, the Commission shall provide a report of the aggregated findings to the Member States and the European Defence Agency in the form of regular updates. This analysis and those results shall constitute classified information. The Defence Industrial Readiness Board shall meet to assess the results of the monitoring. Where relevant, the chair of the Defence Industrial Readiness Board may invite national defence industrial associations, key market actors, and experts from academia and civil society to such meetings.

Removed:8. This Article shall be without prejudice to the protection of Member States’ essential security interests as referred to in Article 346(1), point (a) TFEU .

Removed:1. Member States shall, in cooperation with the Commission and the European Defence Agency, identify key market actors involved in the supply of crisis-relevant products established in their territory, taking into account the following elements:

Removed:(a) the Union or global market share of the key market actor in the market for that product;

Removed:(b) the importance of a market actor in maintaining a sufficient level of supply of a product in the Union, taking into account the availability in the Union of alternative means for the provision of that product;

Removed:(c) the impact that a disruption of supply of the product provided by the market actor could have on the supply of crisis-relevant products.

Removed:2. Member States shall report on major events that may hinder the regular operations of the activities as referred to in paragraph 1.

Removed:Stress tests

Removed:1. The Commission, upon consultation of the Defence Industrial Readiness Board, shall identify relevant topics for the conduct of stress tests.

Removed:2. The Commission, taking into consideration the results of paragraph 1, shall conduct and coordinate stress tests on a regular basis, including simulations that aim to anticipate and prepare for a supply crisis as referred to in Article 44. In particular, the Commission shall:

Removed:(a) develop scenarios and parameters that capture the particular risks associated with a supply crisis, in order to assess the potential impact on the provision of crisis-relevant products and the proper functioning of the internal market;

Removed:(b) facilitate and encourage the development of strategies for emergency preparedness;

Removed:(c) identify, in cooperation with the Defence Industrial Readiness Board, risk mitigation measures after the completion of the stress tests.

Removed:3. The Commission shall invite representatives of all Member States to participate in stress tests. Upon consultation of the Defence Industrial Readiness Board, the Commission may also invite representatives of the High Representative, the European Defence Agency or other relevant actors to participate in the tests referred to in paragraph 2.

Removed:4. The Commission shall present to the Defence Industrial Readiness Board a report with recommendations based on the outcome of the stress tests. The results of the stress tests shall constitute classified information.