Definitions
Article 2
For the purposes of this Regulation, the following definitions apply: (1) ‘legal entity’ means: (a) a legal person created and recognised as such under Union, national or international law, including Structures for European Armament Programmes (SEAPs) established in accordance with Regulation (EU) 2025/2643 of the European Parliament and of the Council ( 20 ) , which has legal personality and the capacity to act in its own name, exercise rights and be subject to obligations; or (b) an entity which does not have legal personality as referred to in Article 200(2), point (c), of Regulation (EU, Euratom) 2024/2509; (2) ‘control’ means the ability to exercise decisive influence over a legal entity directly, or indirectly through one or more intermediate legal entities; (3) ‘defence product’ means any defence-related product as referred to in the Annex to Directive 2009/43/EC of the European Parliament and of the Council ( 21 ) , as well as works, supplies and services directly related to those products for any and all elements of their life cycle within the meaning of Article 2, point (c), of Directive 2009/81/EC; (4) ‘emerging and disruptive defence product’ means an enhanced or completely new defence product that: (a) brings about a radical transformation, including a paradigm shift in the concept and conduct of defence affairs, including by replacing existing defence technologies or rendering them less effective or obsolete; and (b) is expected to be fully exploitable by the end of an action supported by the Programme; (5) ‘executive management structure’ means a body of a legal entity, appointed in accordance with national law and, where applicable, reporting to the chief executive officer of that entity, which is empowered to establish the legal entity’s strategy, objectives and overall direction, and which oversees and monitors the legal entity’s management decision-making; (6) ‘results’ means any tangible or intangible effect of an action supported by the Programme, such as data, know-how or information, whatever its form or nature and whether or not it can be protected, as well as any rights attached to that effect, including intellectual property rights; (7) ‘small and medium-sized enterprises’ (‘SMEs’) means small and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC ( 22 ) ; (8) ‘background information’ means any information necessary for, or useful to, the implementation of the Programme, generated before or outside the framework of an action supported by the Programme and provided to and used for the purposes of that action; (9) ‘foreground information’ means data, know-how or information generated in the implementation of the Programme, whatever its form or nature; (10) ‘non-associated third-country entity’ means: (a) a legal entity established in a non-associated third country; or (b) a legal entity established in the Union or in an associated third country, which has its executive management structures located in a non-associated third country.