Article 45 — Statutes of a SEAP

1. The statutes of a SEAP shall contain at least the following: (a) a list of members of the SEAP, observers and, where applicable, legal entities representing members, and the conditions of, and the procedure for changes in, membership and representation in compliance with Article 44; (b) the specific objectives, tasks and activities of the SEAP, in compliance with Articles 40 and 41, including an outline description of the defence products to be developed, procured or managed by the SEAP; (c) a list of the defence products which are to be owned by the SEAP, if any, and which are eligible for an exemption from VAT or excise duties; (d) the statutory seat of the SEAP in compliance with Article 43(3); (e) the identification of the national law of the Member State that determines the competent jurisdiction for the resolution of disputes among SEAP members in relation to the SEAP, between SEAP members and the SEAP, and between a SEAP and third parties, in compliance with Article 49(2); (f) the name of the SEAP; (g) the duration and the procedure for the winding-up of the SEAP in compliance with Article 50; (h) a description of the main criteria that the SEAP is to apply when procuring defence products to ensure compliance with the objective set out in Article 40(1); (i) the liability regime, including the possibility to issue securities, if so decided, in compliance with Article 48; (j) the rights and obligations of the members of the SEAP, including the obligation to make contributions to a balanced budget and voting rights; (k) the governing bodies of the SEAP, their roles and responsibilities and the manner in which they are constituted, and the decision-making process within the SEAP, including the applicable voting rules, in particular on the amendment of the statutes in compliance with Article 46; (l) the identification of the working language or languages of the SEAP; (m) references to the rules implementing the statutes of the SEAP; (n) rules on the protection of classified information; (o) the identification of the Union and national rules applicable to the handling of the defence products to be developed, procured or managed by the SEAP, and the administrative capacities foreseen to ensure compliance with those rules. For the purposes of point (k) of the first subparagraph of this paragraph, the voting rules applicable to amendments relating to the approach to the export of defence products, if included in the statutes, and to the financial liability regime shall comply with paragraph 4 of this Article and Article 48(5) respectively. 2. Where the members of a SEAP decide to establish a defence industrial readiness pool, the statutes shall include the rules governing the management of that defence industrial readiness pool. 3. The statutes, signed and adopted unanimously by all the members of a SEAP in accordance with Article 42(1), point (b), may contain an approach to the export of defence products. 4. Any change to the approach to the export of defence products referred to in paragraph 3 shall be decided unanimously by the members of a SEAP.