1. To strengthen the competitiveness of the EDTIB as well as, where relevant, of the Ukrainian DTIB, in particular by increasing the ability of the EDTIB to ensure the availability of defence products in time and in volume, a European Military Sales Mechanism is hereby established.
2. The European Military Sales Mechanism shall consist of the following:
(a)
establishing a European Military Sales Catalogue;
(b)
the possibility of establishing, managing and maintaining defence industrial readiness pools; and
(c)
measures contributing to the facilitation of procedures for the common procurement of defence products.
1. The Commission, having consulted the EDA, shall establish and keep up-to-date a single, centralised catalogue of defence products developed by the EDTIB and the Ukrainian DTIB (the ‘catalogue’). The Commission shall consult the EDA and take into account its views in drawing up the technical specifications for the catalogue and, where appropriate, procure the corporate IT platform required to establish it. Member States, Ukraine and economic operators shall be invited to populate the catalogue on a voluntary basis.
2. The defence products present in the catalogue shall be manufactured by economic operators respecting the eligibility criteria set out in Article 9(1), (3) and (4) or Article 26(1), (3) and (4). In addition, the catalogue shall indicate whether the economic operator has 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 product, 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. The support received under the Programme, the Ukraine Support Instrument or Regulation (EU) 2018/1092 of the European Parliament and of the Council ( 44 ) , Regulation (EU) 2021/697 of the European Parliament and of the Council ( 45 ) or Regulation (EU) 2023/1525 or (EU) 2023/2418 may also be indicated in the catalogue.
1. A consortium of Member States, associated countries or Ukraine or a SEAP may establish, manage and maintain defence industrial readiness pools, and may, for that purpose, invite the EDA to provide its expertise.
For the purposes of the first subparagraph, a consortium of Member States, associated countries or Ukraine shall consist of at least three of those countries, of which at least two shall be Member States.
2. Member States that establish a defence industrial readiness pool shall ensure that the establishment, management and maintenance of that pool comply with the objectives set out in Article 36(1), as well as with the objectives set out in Article 4 and, where relevant, Article 22.
3. Member States, associated countries, Ukraine and SEAPs that establish a defence industrial readiness pool shall grant all Member States, associated countries and Ukraine an immediate and preferential purchase, use or lease option for defence products that are part of that defence industrial readiness pool.
4. Where a defence industrial readiness pool is established in the context of a SEAP, the Programme or the Ukraine Support Instrument may financially support the following:
(a)
the common procurement of additional quantities of defence products through common procurement actions carried out by the SEAP in accordance with Article 11;
(b)
the establishment and the functioning of the SEAP for the purpose of managing and maintaining a defence industrial readiness pool in accordance with Article 13(1), point (g).
5. For the purpose of Member States or, where applicable, associated countries buying from the defence industrial readiness pool established, managed and maintained by a SEAP, the procurement shall be considered as a contract awarded by a government to another government as referred to in Article 13, point (f), of Directive 2009/81/EC.
Facilitation of procedures for the common procurement of defence products
Where Member States enter into an agreement to commonly procure defence products, they may apply the rules and procedures provided for in Article 11(9) and (10), Article 52 and Article 53, subject to the conditions set out therein.
