Recitals
- Recital (1)The return of high-intensity warfare brought about by Russia’s unprovoked and unjustified war of aggression against Ukraine has a negative…
- Recital (2)The Heads of State or Government of the Union, meeting in Versailles on 11 March 2022, committed to bolster European defence capabilities.…
- Recital (3)The Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) presented a Joint…
- Recital (4)In its conclusions of 14 and 15 December 2023, the European Council, having considered work carried out to implement the Versailles…
- Recital (5)On 20 July 2023, the European Parliament and the Council adopted Regulation (EU) 2023/1525, aimed at urgently supporting the ramp-up of…
- Recital (6)Regulations (EU) 2023/1525 and (EU) 2023/2418 were designed as emergency response and short-term programmes, expiring on 30 June 2025 and…
- Recital (7)This Regulation should build on Regulations (EU) 2023/1525 and (EU) 2023/2418 and extend their logic in a more long-term and structured…
- Recital (8)On 23 June 2022, the European Council decided to grant the status of candidate country to Ukraine, which expressed a strong will to link…
- Recital (9)The damage caused by Russia’s war of aggression to the Ukrainian economy, society and infrastructure, and in particular damage caused to…
- Recital (10)Actions supporting the reinforcement of the Ukrainian DTIB should be financially supported by the Union. In particular, the Ukraine Support…
- Recital (11)Russia must be held fully accountable and pay for the massive damage caused by its war of aggression against Ukraine, which constitutes a…
- Recital (12)Following the strong commitment of the G7 leaders to helping Ukraine meet its urgent short-term financing needs and to supporting its…
- Recital (13)A financing agreement within the meaning of Article 114(2) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and the Council…
- Recital (14)To fund the actions that aim to strengthen the competitiveness and readiness of the EDTIB based on Article 173 of the Treaty on the…
- Recital (15)The Programme should be consistent with the defence capability priorities commonly agreed by Member States within the framework of the…
- Recital (16)This Regulation should lay down a financial envelope for the period 2025 to 2027 which is to constitute the prime reference amount, within…
- Recital (17)The European Council, in its conclusions of July 2020, stated that the duration of the Multiannual Financial Framework (MFF) sectoral…
- Recital (18)The possibilities provided for in Article 73(4) of Regulation (EU) 2021/1060 of the European Parliament and of the Council could be applied…
- Recital (19)In view of the need to invest better and together in the competitiveness, responsiveness and ability of the EDTIB to ensure the timely…
- Recital (20)Member States should be able to use the flexibility in the implementation of their shared management allocations offered by Regulation (EU)…
- Recital (21)The objectives pursued under the Programme to increase the competitiveness and readiness of the EDTIB by initiating and accelerating the…
- Recital (22)Third countries which are members of the European Economic Area should be able to participate in the Programme as associated countries in…
- Recital (23)As this Regulation aims to enhance the competitiveness and efficiency of the Union’s and Ukraine’s defence industries, and in order to…
- Recital (24)Eligibility criteria should take into account existing supply chains and the industrial cooperation with non-associated third countries…
- Recital (25)In certain circumstances, it should be possible to derogate from the principle that legal entities involved in an action supported by the…
- Recital (26)Legal entities established in the Union or in an associated country and controlled by a non-associated third country or a non-associated…
- Recital (27)In order to increase the competitiveness of the EDTIB, foster the recovery, reconstruction and modernisation of the Ukrainian DTIB and…
- Recital (28)Considering the need to safeguard the operational capacity of Member States’ armed forces and to ensure their ability to use the defence…
- Recital (29)In order to ensure that, in the implementation of this Regulation, the international obligations of the Union and its Member States are…
- Recital (30)The Programme and the Ukraine Support Instrument should provide financial support in accordance with the Financial Regulation to actions…
- Recital (31)In view of the current geopolitical context, and in particular Russia’s war of aggression against Ukraine, the protection of the Union’s…
- Recital (32)As it is important to mitigate any distortion of the market, the Commission should be able to recover profit generated by successful…
- Recital (33)The functioning of the defence industry sector does not follow the conventional rules and business models that govern more traditional…
- Recital (34)As the different types of actions are complementary and necessary for offsetting the complexity of cooperation and de-risking industrial…
- Recital (35)For actions under the Ukraine Support Instrument, Union support for industry reinforcement and supporting activities involving legal…
- Recital (36)Common procurement actions should be funded under this Regulation by way of grants taking the form of financing not linked to cost based on…
- Recital (37)The Union financial contribution under the Programme for common procurement actions, intended as an incentive for cooperation, should not…
- Recital (38)Upon fulfilment of specific conditions linked to the objectives of the Programme, the cap for the Union financial contribution to common…
- Recital (39)In accordance with Article 196(2) of the Financial Regulation, a grant may be awarded for an action which has already begun, provided that…
- Recital (40)When assessing proposals submitted by applicants, the Commission should pay particular attention to the contribution of those proposals to…
- Recital (41)Developing defence manufacturing capacities throughout the Union, taking into account the risks associated with the increased deterioration…
- Recital (42)In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council…
- Recital (43)A specific provision should be introduced in this Regulation requiring the associated countries participating in the Programme to grant the…
- Recital (44)Pursuant to Article 85 of Council Decision (EU) 2021/1764, natural persons and bodies and institutions established in overseas countries…
- Recital (45)The Union should identify European Defence Projects of Common Interest (EDPCIs) on which to focus efforts and resources, which should…
- Recital (46)In the context of Russia’s war of aggression against Ukraine, Ukraine and the Ukrainian DTIB have developed specific expertise on defence…
- Recital (47)Given the potentially significant impact of the EDPCIs for the competitiveness and the industrial readiness of the EDTIB, the Programme…
- Recital (48)The ability of the EDTIB to ensure the availability of defence products in time and in volume is essential to its competitiveness,…
- Recital (49)Member States, associated countries and Ukraine, or a SEAP, should be able to establish, manage and maintain defence industrial readiness…
- Recital (50)To improve Member States’ awareness of the availability of EDTIB and Ukrainian DTIB products, the Programme should be able to support the…
- Recital (51)Building inter alia on the experience of the Defence Equity Facility, established in the context of the European Defence Fund as an…
- Recital (52)FAST should achieve a satisfactory multiplier effect in line with the debt and equity mix and contribute to attracting both public and…
- Recital (53)Increasing the number and magnitude of common procurement of defence products from the EDTIB and the Ukrainian DTIB is necessary to achieve…
- Recital (54)In the cases covered by this Regulation, the immediate award and performance of a contract prior to its signature resulting from…
- Recital (55)Cooperative armament programmes in the Union face significant challenges, being mostly set up on an ad hoc basis and being plagued by…
- Recital (56)Within the SEAPs, Member States should benefit from standardised procedures that might be provided by the Commission for initiating and…
- Recital (57)If their members unanimously wish to do so, SEAPs should be able to issue securities in accordance with the law of the Member State where…
- Recital (58)To achieve its objectives, a SEAP should be able to entrust, through a delegation agreement, one or more of the entities eligible for…
- Recital (59)In order to allow for an efficient procedure for the establishment of a SEAP, it is necessary for the Member States, associated countries…
- Recital (60)For reasons of transparency, the implementing acts establishing SEAPs, and the notices of the decisions to wind up a SEAP and of their…
- Recital (61)In order to carry out its tasks in the most efficient way, a SEAP should have legal personality as from the day on which the implementing…
- Recital (62)Member States, associated countries and Ukraine may be members of a SEAP. Membership of a SEAP should comprise at least three countries, of…
- Recital (63)For the implementation of the SEAP, more detailed provisions should be laid down in its statutes, on the basis of which the Commission…
- Recital (64)It is necessary to ensure that, on the one hand, a SEAP has the necessary flexibility to amend its statutes and, on the other hand, that…
- Recital (65)A SEAP should be able to procure defence products on its own behalf or in the name of, or on behalf of, its members. For those purposes,…
- Recital (66)Member States participating in a SEAP should ensure that the procurement policy of the SEAP complies with the objectives of fostering the…
- Recital (67)In order to carry out its tasks in the most efficient way and as a logical consequence of its legal personality, a SEAP should be liable…
- Recital (68)In order to ensure sufficient control of compliance with this Regulation, a SEAP should transmit to the Commission its annual report and…
- Recital (69)Following Russia’s unprovoked and unjustified war of aggression against Ukraine, security of supply has become an increasingly important…
- Recital (70)Upon the adoption of Regulation (EU) 2023/1525, the European Parliament and the Council called on the Commission to consider putting…
- Recital (71)Recent crises, such as the COVID-19 pandemic and the sharp increase in demand for certain defence products, in particular ammunition, have…
- Recital (72)The constant degradation of the security context, characterised by rising long-term threats, acceleration in the development of defence…
- Recital (73)Moreover, the rapidly evolving security environment could contribute to other crises taking a variety of forms, such as cyber-attacks on…
- Recital (74)As illustrated by the lessons learned from the work of the Defence Joint Procurement Task Force on coordinating very short-term defence…
- Recital (75)There is a concrete risk that security of supply measures adopted at national level are not sufficient to tackle effectively challenges in…
- Recital (76)In light of those challenges, it appears necessary and appropriate to establish a Union-wide security of supply regime aimed at increasing…
- Recital (77)Directive 2009/81/EC concerns, amongst other things, the establishment of an appropriate legislative framework, which is a prerequisite for…
- Recital (78)In accordance with the case law of the Court of Justice of the European Union, modifications to a public contract are to be strictly…
- Recital (79)Over recent years, Member States have increasingly engaged in defence cooperation, in particular with a view to making their military…
- Recital (80)Given the security context and the existing and foreseeable tensions and bottlenecks in the internal market for defence products and its…
- Recital (81)The ability of the Union to anticipate and address crises in the supply of defence products affecting the proper functioning of the…
- Recital (82)For the purposes of mapping, the Commission should identify and regularly update a list of crisis-relevant products, focusing on possible…
- Recital (83)The Commission should provide for a framework and a methodology to identify crisis-relevant products. In order to ensure the efficiency of…
- Recital (84)As part of the mapping, the Commission should also identify and develop a list of early-warning indicators aimed at identifying factors…
- Recital (85)In order to minimise the burden for undertakings responding to the monitoring and to ensure that the acquired information can be compiled…
- Recital (86)On the basis of the list of crisis-relevant products identified by the Commission, Member States should identify on their territory the…
- Recital (87)As part of the crisis preparedness framework, the Commission should carry out and coordinate stress tests and simulations, building in…
- Recital (88)The lack of transparency on the identity of certification authorities and certification procedures of defence products within the Union…
- Recital (89)In order to reduce the risk of shortages in the supply of crisis-relevant products, it is necessary to accelerate the ramp-up of production…
- Recital (90)To enable the Union to mitigate the risk of a supply crisis breaking out, competent authorities of Member States should alert the Board…
- Recital (91)This Regulation should also provide for instruments to address, in an efficient and coordinated manner, a supply crisis that is imminent or…
- Recital (92)The supply-crisis state should be activated on the basis of concrete and reliable evidence in the event of serious disruptions or an…
- Recital (93)The security-related supply-crisis state should be activated in the event of serious disruptions or an imminent risk of such disruptions in…
- Recital (94)Due to the sensitive nature of the decision to activate the supply-crisis state or the security-related supply-crisis state, stemming in…
- Recital (95)In order to enable precise and near real time assessments of the nature and severity of the supply crisis and of whether the deployment of…
- Recital (96)In cases of severe and persistent shortages of, or an exceptionally high demand for, crisis-relevant products carrying an imminent risk of…
- Recital (97)Priority-rated requests should consist of requests by the Commission, upon an initiative of a Member State, to relevant economic operators…
- Recital (98)In light of the increased deterioration in the Union’s security context, linked to Russia’s persistent and intensified threat in the…
- Recital (99)A priority-rated order or a priority-rated request should be taken based on objective, factual, measurable and substantiated data. It…
- Recital (100)Where the economic operator has expressly accepted a priority-rated request and the Commission has adopted an implementing act following…
- Recital (101)Under the exceptional circumstance that an economic operator established in the Union is subject to a measure entailing a priority-rated…
- Recital (102)The request or obligation to prioritise the production or supply of certain products does not disproportionately affect the freedom to…
- Recital (103)Where the security-related supply-crisis state is activated, the measures available under the supply-crisis state should also be available…
- Recital (104)Intra-EU transfers of defence products are regulated by Directive 2009/43/EC of the European Parliament and of the Council, which aims to…
- Recital (105)As the certification of defence products is key to ensuring the proper functioning of the internal market for defence products, in…
- Recital (106)In addition to other measures provided for by this Regulation for the purpose of addressing a security-related supply-crisis state, Member…
- Recital (107)Compliance with the obligations imposed under this Regulation should be enforceable by means of fines and periodic penalty payments. To…
- Recital (108)One of the challenges identified during the COVID-19 crisis was the lack of a network for ensuring preparedness, as well as insufficient…
- Recital (109)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission…
- Recital (110)It should be possible to invite representatives of Ukraine to meetings of the committee where their input is necessary in connection with…
- Recital (111)This Regulation should apply without prejudice to Union competition rules, in particular Articles 101 to 109 TFEU and the legal acts that…
- Recital (112)Union funding under this Regulation should only cover the costs necessary for pursuing the objectives of the Programme and the Ukraine…
- Recital (113)In accordance with Article 241 TFEU, the Council is able to request the Commission to undertake any studies the Council considers desirable…
- Recital (114)This Regulation should apply without prejudice to the specific character of the security and defence policy of certain Member States.
- Recital (115)This Regulation is without prejudice to existing Union and national rules on the export of defence products and to the obligations provided…
- Recital (116)Since the objectives of this Regulation, namely to enhance the technological leadership, innovation, readiness, long-term competitiveness,…
- Recital (117)In order to allow for the implementation of this Regulation to start as soon as possible, with a view to reaching its objectives, it should…
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