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Council Decision (CFSP) 2020/1639Show full title

Council Decision (CFSP) 2020/1639 of 5 November 2020 establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects

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Article 7U.K.Relation to the common set of governance rules for PESCO projects

1.The conditions and procedures under which entities may be involved in the implementation of PESCO projects are not governed by this Decision save as set out in this Article. Decision (CFSP) 2018/909 shall be reviewed by 31 December 2020, in accordance with the first paragraph of Article 9 thereof, in particular with regard to such conditions and procedures.

2.Subject to any conditions and procedures regulating the involvement of entities in PESCO projects which may be established pursuant to the review of Decision (CFSP) 2018/909 as referred to in paragraph 1 of this Article:

(a)entities may only be involved in the implementation of PESCO projects after 31 December 2025 on the basis of contracts concluded or procurement procedures launched before that date;

(b)entities established in, controlled by or having their executive management structures in a third State which has not been invited pursuant to Article 2(5) to participate in a PESCO project before 31 December 2021 may only become involved in the implementation of PESCO projects after that date if the Council so decides in accordance with Article 46(6) TEU.

3.Decision (CFSP) 2018/909 shall be applied consistently with this Decision.

4.When the project members decide on the selection of entities, in accordance with Article 7(1) of Decision (CFSP) 2018/909, they shall take due account of the security and defence interests of the Union and its Member States.

5.Project members shall ensure full transparency vis-à-vis all participating Member States with regard to the involvement of entities in that project, via the common electronic workspace referred to in Article 2(2) of Decision (CFSP) 2018/909.

6.If a Member State considers that its or the Union’s security and defence interests may be threatened by the involvement of an entity in the implementation of a PESCO project, it may refer the matter to the Council which may request additional information from the project members, with a view to assessing the situation.

7.Decision (CFSP) 2018/909 shall be adapted, in accordance with the second paragraph of Article 9 thereof, in order to take account of the general conditions for participation of third States in individual PESCO projects as provided for in this Decision.

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