Activities of Nils TORVALDS related to 2022/0219(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing the European defence industry Reinforcement through common procurement act
Amendments (11)
Amendment 13 #
Proposal for a regulation
Recital 5
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing through sufficient funding, however without cuts from other Union programmes, to strengthen the EU defence industrial capabilities and cooperation in procurement operations.
Amendment 22 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certain circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third-country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled and that the participation doesn´t endanger the strategic autonomy of the Union and its Member States.
Amendment 23 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity in order to hinder any kind of interference through the defence product.
Amendment 25 #
Proposal for a regulation
Recital 19
Recital 19
(19) Grants under the Instrument may take the form of financing not linked to cost based on the achievement of results by clearly defined reference to work packages, milestones or targets of the common procurement process, in order to create the necessary incentive effect.
Amendment 27 #
Proposal for a regulation
Recital 23
Recital 23
(23) In accordance with Article 193(2) of the Financial Regulation, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, financial contribution should not cover a period prior to the date of submission of the grant application, except in duly justified exceptional cases. In order to avoid any disruption in Union support which could be prejudicial to the interests of the Union, it should exceptionally be possible to provide in the financing decision for financial contributions to actions that cover a period fromwithin the scope of this programme that cover a period from the beginning of the unjustified Russian invasion of Ukraine that started on the 24 February 2022, even if they have started before the grant application was submitted.
Amendment 28 #
Proposal for a regulation
Recital 24
Recital 24
(24) Regulation (EU, Euratom) No 2018/1046 (the ‘Financial Regulation’) applies to this Programme. It lays down clearly definied rules on the implementation of the Union budget, including the rules on grants.
Amendment 32 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation and increasing the effectiveness of public spending in the Union and its Member States.
Amendment 33 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 million in current prices, from unallocated funds without cuts from ongoing programmes.
Amendment 35 #
2. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Instrument, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems, without exceeding 25% of the estimated value of the procurement contract.
Amendment 40 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Grants implemented under direct management shall be awarded and thoroughly managed in accordance with Title VIII of the Financial Regulation.
Amendment 42 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established, evaluated and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity.