P-003301/2021
Answer given by Mr Breton
on behalf of the European Commission (26.8.2021)
The European Defence Fund (EDF) (EU) Regulation 2021/697 does not affect the discretion of Member States as regards their policy on export of defence-related products. These policies are the sole competence of the Member States, which exercise it in accordance with Council Common Position 2008/9441. The Commission has no powers in this area.
The provisions concerning ownerships of results of actions can be found in Articles 20 and 23 of the EDF Regulation. Without prejudice to the competence of the Member State as regards export policy, the Commission shall be notified prior to any transfer of ownership of results of actions funded by the EDF (or the granting of an exclusive license for research actions) to a non-associated third country or to a non-associated third country entity. Where such a transfer of ownership contravenes the security and defence interests of the Union and its Member States or the objectives set out in Article 3 of the EDF Regulation, the Commission will demand reimbursement of the support provided from the Fund. Respective obligations will be defined in all EDF grant agreements concluded between the Commission and grant recipients.
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1 COUNCIL COMMON POSITION 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment.
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