Article 42 — Applications for the establishment of a SEAP

1. Applications for the establishment of a SEAP shall be submitted to the Commission. The application shall contain the following: (a) a request to the Commission to establish the SEAP; (b) the proposed statutes of the SEAP referred to in Article 45, signed and adopted in due form by all the members of the proposed SEAP; (c) an outline description of the defence products to be developed, procured or managed by the SEAP, addressing in particular the requirements set out in Article 41(1), points (a) and (b); (d) a declaration by the Member State on the territory of which the SEAP is foreseen to have its statutory seat, recognising the SEAP as an international body within the meaning of Article 143(1), point (g), and Article 151(1), point (b), of Directive 2006/112/EC and as an international organisation within the meaning of Article 11(1) of Directive (EU) 2020/262, as of its establishment; (e) where an associated country or Ukraine is to be a member of the SEAP, a declaration of the recognition of the most extensive legal capacity of the SEAP in accordance with Article 44(2). For the purposes of point (d) of the first subparagraph of this paragraph, the limits and conditions of the exemptions provided for in Article 143(1), point (g), and Article 151(1), point (b), of Directive 2006/112/EC and in Article 11(2) of Directive (EU) 2020/262 shall be laid down in an agreement between the members of the SEAP. 2. The Commission shall, without undue delay after receipt of the complete application as referred to in paragraph 1, assess that application in accordance with the requirements laid down in this Regulation and may, for that purpose, invite the EDA to provide its expertise. The result of that assessment shall be communicated to the applicants who shall, if necessary, be invited to complete or amend the application. 3. The Commission, by means of an implementing act taking into account the results of the assessment referred to in paragraph 2, shall: (a) establish the SEAP after it has concluded that the requirements laid down in this Regulation are met; or (b) reject the application if it concludes that the requirements laid down in this Regulation are not met, including in the absence of the declaration referred to in paragraph 1, point (d), after providing an opportunity to the applicants to complete or amend the application. 4. The decision on the application shall be notified to the applicants. In the case of a rejection, the decision shall be explained in clear and precise terms to the applicants. 5. The implementing act establishing the SEAP referred to in paragraph 3, point (a), of this Article shall be adopted in accordance with the examination procedure referred to in Article 77(4) and shall be published in the Official Journal of the European Union.