32025R2643#art_10Regulation (EU) 2025/2643 of the European Parliament and of the Council

Article 10 — Eligible actions

1. Actions eligible for funding under the Programme shall implement the objectives set out in Article 4 and may take one of the following forms, or a combination thereof: (a) common procurement actions as referred to in Article 11, including for the purpose of establishing, managing or maintaining defence industrial readiness pools; (b) industrial reinforcement actions as referred to in Article 12; (c) supporting actions as referred to in Article 13; (d) deployment of EDPCIs as referred to in Article 35. 2. The following actions shall not be eligible for funding under the Programme: (a) actions related to defence products that are prohibited by applicable international law; (b) actions related to lethal autonomous systems that operate outside a responsible chain of human command and control or that cannot be used in compliance with international humanitarian law; (c) actions related to cluster munitions; (d) actions, or parts thereof, that are already fully financed from other public or private sources. 3. For procurement carried out pursuant to Articles 11, 13 and 35 which is supported by Union funding, the cost of components originating outside the Union and associated countries shall not be higher than 35 % of the estimated cost of the components of the end product. No component shall be sourced from third countries that contravene the security and defence interests of the Union and its Member States. 4. For actions carried out pursuant to Article 12 and activities carried out pursuant to Article 35 other than procurement activities, the cost of components originating outside the Union and associated countries shall not be higher than 35 % of the estimated cost of the components of the product the increase in production capacity of which is supported by Union funding. No component of the product the increase in production capacity of which is supported by Union funding shall be sourced from third countries that contravene the security and defence interests of the Union and its Member States. 5. Recipients of Union funding or, where relevant, contractors, shall have the ability to decide, without restrictions imposed by non-associated third countries or by non-associated third-country entities, on the definition, adaptation and evolution of the design of the defence products concerned, including the legal authority to substitute or remove components that are subject to restrictions imposed by non-associated third countries or by non-associated third-country entities. 6. Without prejudice to Article 5 of Directive 2009/43/EC, Member States may publish general transfer licences for transfer to other Member States of products related to actions supported by the Programme.

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