Activities of Isabelle THOMAS related to 2017/0125(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry
Amendments (31)
Amendment 15 #
Proposal for a regulation
Citation 5 a (new)
Citation 5 a (new)
Having regard to the Chemical Weapons Convention (CWC) of 3 September 1992,
Amendment 16 #
Proposal for a regulation
Citation 5 b (new)
Citation 5 b (new)
Having regard to the Biological Weapons Convention (BWC) of 19 April 1972,
Amendment 17 #
Proposal for a regulation
Citation 5 c (new)
Citation 5 c (new)
Having regard to Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment,
Amendment 18 #
Proposal for a regulation
Citation 5 d (new)
Citation 5 d (new)
Having regard to the Council's Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment,
Amendment 20 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing and acquiring appropriate and sufficient defence capabilities, enabling it to respond to security challenges, as well as to foster a competitive, transparent, effective and innovative European defence industry – ensuring a sustainable supply chain – and to contribute to the strategic autonomy and technological and industrial independence of the Union. It proposed in particular to launch a European Defence Fund, enhancing synergies and budgetary efficiency, to support investment in joint research and the joint development of defence equipment and technologies. The Fund would support cooperation during the whole cycle of defence product and technology development.
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Programme should cover a two year period from 1 January 2019 to 31 December 2020 whereas the amount for the implementation of the Programme should be determined for this period. In the framework of the current multiannual financial framework, the Programme should be exclusively funded from unallocated margins and flexibility instruments (flexibility instrument, global margin for commitments and the global margin for payments). Any redeployment shall be ruled out.
Amendment 33 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Programme should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council6. Funding may take in particular the form of grants. Financial instruments or public procurement may be used where appropriate. In the event that the Programme is continued, since the market is one that is capable of profitability, the Commission should look into the possibility of developing alternative forms of funding to grants (financial instruments and public contracts) so that they may play a central role among the forms of funding for the Programme. _________________ 6 Regulation (EU, Euratom ) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Amendment 41 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Union financial support should must not affect the export of products, equipment or technologies, and it should not affect the discretion of Member States regarding policy on the export of defence related products. The Union financial support shouldmust not affect Member States' export policies on defence -related products which are framed by Decision 2008/944/CFSP.
Amendment 44 #
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitiveness of the Union defence industry by de-risking the development phase of cooperative projects, actions related to the development of a defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies developed in the Union by Member States.
Amendment 54 #
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, a financial instrument or a public contract, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission.
Amendment 56 #
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should allow the maintenance and development of the skills and know-how of the Union's defence industry and contribute to strengthening its technological and industrial autonomy. It should also take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, and serving the Union security and defence interest, may also be taken into account.
Amendment 60 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the funded actions will contribute to the competitiveness of the European defence industry, they should be market-oriented and demand driven, including for dual-use technologies. Therefore, the fact that Member States have already committed to jointly produce and procure the final product or technology, possibly in a coordinated way, should be taken into account in the award criteria.
Amendment 70 #
(22a) Observer status should be accorded to the European Parliament in the committee of Member States.
Amendment 76 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) If any extension of the Programme occurs, it should be subject to the outcome of the Commission's implementation report. This report should thus be completed before the adoption of the new legal basis and published in May 2020 at the latest.
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the technological and industrial autonomy of the Union and the competitiveness and innovation capacity of the Unionits defence industry by supporting actions in their development phase;
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to support and leverage the cooperation between EU Member States and between undertakings, including smallSMEs and medium-sized enterprisid-cap companies, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Unionby promoting compatibility, interoperability and standardisation, in particular through the definition of common technical specifications relating thereto;
Amendment 89 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500 million in current prices. In the framework of the current multiannual financial framework, this envelope shall come exclusively from unallocated margins and flexibility instruments (flexibility instrument, global margin for commitments and the global margin for payments). Any redeployment shall be ruled out.
Amendment 112 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries and their subcontractors shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member Statesthe Union during the entire duration of the action. The use of such infrastructure, facilities, assets and resources shall not be subject to any control or restriction by a third country or a non-EU entity.
Amendment 117 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Union’s financial assistance is provided through a grant, the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator, which shall be identified in the grant agreement. The coordinator shall be the principal point of contact between the members of the consortium in relations with the Commission or the relevant funding body, unless specified otherwise in the grant agreement or in the event of non- compliance with its obligations under the grant agreement. The Union’s financial assistance may also take the form of a financial instrument or a public contract.
Amendment 122 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
Actions proposed for funding under the Programme shall be evaluated with regard to the objectives laid down in Article 2 and on the basis of the following cumulative criteria:
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) technological and industrial excellence;
Amendment 127 #
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) the number of Member States involved in the project;
Amendment 129 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) contribution to the security and defence interests of the Union by enhancing defence technologies which contribute to the implementation of the defence capability priorities commonly agreed by Member States within the Union; and,, as part of the capacity development plan or coordinated annual defence review, and;
Amendment 131 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as Member States’ contributions; and the dual use of the developed technologies;
Amendment 139 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Intellectual property rights resulting from the Programme shall not be transferable to actors outside the EU for a period of 10 years; similarly, licensed production by third parties outside Europe shall be prohibited.
Amendment 148 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The work programme shall ensure that a credible proportiont least 20% of the overall budget will benefit actions enabling the cross-border participation of SMEcooperation between SMEs from several Member States.
Amendment 151 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by independent expertsEU national experts validated by the Article 16 Committee, on the basis of the award criteria of Article 10.
Amendment 153 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall be assisted by a cCommittee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency and the European Union shall be invited as observers.
Amendment 161 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospective evaluation report and send it to the European Parliament and to the Council. The report - building on relevant consultations of Member States and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 2. It shall also analyse cross border participation of SMEs in projects implemented under the pProgramme as well as the participation of SMEs to the global value chain. Moreover, it evaluates the impact on arms exports which benefit from the Programme.
Amendment 164 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 168 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The Programme finances bodies that comply with applicable EU legislation and agreed international and EU standards and, therefore, shall not support projects under this Regulation that contribute to money laundering, terrorism financing, tax avoidance, tax fraud and tax evasion.