35 Amendments of Carlos ZORRINHO related to 2018/0254(COD)
Amendment 111 #
Proposal for a regulation
Recital 3
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Fund should be established. The Fund should aim at enhancing the competitiveness, innovation, efficiency and, environmental performance and technological and industrial autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. To achieve more innovative solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps).
Amendment 119 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure that the Union's and its Member States' international obligations are respected in the implementation of this Regulation, actions relating to products or technologies the use, development or production of which are prohibited by international law should not receive funding under the Fund. In this respect, the eligibility of actions related to new defence products or technologies, such asin particular those that are specifically designed to carry out lethal strikes without any human control over the engagement decisions, should also be subject to developments in international law. not be allowed until the adoption of an international, binding convention for their prohibition. All actions, may they relate to new or more traditional defence products or technologies, should be ethically screened by a mixed, gender-balanced group of experts. Additional ethical screening in the course of any action could be activated by MEPs.
Amendment 122 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Regarding exports of products which would be the result of research or development actions of the Programme, particular attention should be paid to article 7 of the Arms Trade Treaty which provides that even if the export is not prohibited, exporting State Parties shall, in an objective and non-discriminatory manner and taking into account relevant factors, assess the potential that the conventional arms or items: (a) would contribute to or undermine peace and security;(b) could be used to: (i) commit or facilitate a serious violation of international humanitarian law;(ii) commit or facilitate a serious violation of international human rights law;(iii) commit or facilitate an act constituting an offense under international conventions or protocols relating to terrorism to which the exporting State is a Party; or(iv) commit or facilitate an act constituting an offense under international conventions or protocols relating to transnational organized crime to which the exporting State is a Party.
Amendment 124 #
Proposal for a regulation
Recital 9
Recital 9
(9) As the objective of the Fund is to support the competitiveness and innovation, innovation and industrial autonomy of the Union defence industry by leveraging and complementing collaborative defence research and technology activities and de- risking the development phase of cooperative projects, actions related to the research and development of a defence product or technology should be eligible to benefit from it. This will also apply to the upgrade, including the interoperability thereof, of existing defence products and technologies.
Amendment 139 #
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessarycritical for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non-associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non- associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. The participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action, and demonstrate that their input could not be brought by European entities.
Amendment 158 #
Proposal for a regulation
Recital 31
Recital 31
(31) The Commission should establish annual or multiannual work programmes in line with the objectives of the Fund. The Commission should be assisted in the establishment of the work programme by a committee of Member States. In order to benefit from its expertise in the defence sector, the European Defence Agency will be given the status of an observer in the committee. Given the specificities of the defence area, the European External Action Service should also assist in the committee of Member States. The European Parliament may send representatives to the committee.
Amendment 168 #
Proposal for a regulation
Recital 41
Recital 41
(41) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives by including the environmental impact reduction as a goal and award criteria for the Fund. . Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of its mid- term evaluation.
Amendment 176 #
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The Fund should support industry best practice in corporate governance and procurement practices. This should include the possibility for anonymous and confidential whistleblowing, through hotlines operated by third parties and with procedures in place to prevent retaliation. The award procedure should reflect these corporate governance standards with the goal of raising corporate accountability standards in the European defence sector.
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) support collaborative research projects that could significantly boost the performance of future European capabilities, aiming at maximising innovation and introducing new defence products and technologies, including disruptive ones;
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy and in particular in the context of the CDP of the Common Security and Defence Policy, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead to greater interoperability between Member States' capabilities and the acquisition of European equipment by Member States.
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the European Defence Fund for the period 2021 – 2027 shall be EUR 13 0001 453 000 000 in current priceonstant prices. This financial envelope shall be additional to pre-existing MFF headings.
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment. Ethics screenings and assessments shall be carried out by the Commission with the support of experts on defence ethics. The Commission shall ensure the transparency of the ethics procedures as much as possible, selected on a gender-balanced basis, whose list is public and updated regularly. These experts shall represent a diversity of opinions in the military, technology and civil protection fields (including medical staff). The Commission shall ensure the transparency of the ethics procedures and the experts shall collectively publish an annual report on the ethical issues they had to debate and assess.
Amendment 237 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. An Ethics conformity certificate shall be published by the Commission for each project.
Amendment 241 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If appropriate, eEthics checks shall be carried out by the Commission during the implementation of the action. For serious or complex ethics issues, th, at the Commission's discretion or upon request of the European Parliament. Those checks shall be carried out by the Commission with the support of experts on defence ethics.
Amendment 243 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Actions which are not ethically acceptable may be rejected or terminated at any time. The termination of an action shall request a majority vote of the European Parliament.
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Fund may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurementthe forms of grants, prizes and procurement as laid down in the Financial Regulation. It may also provide financing in the form of financial instruments within blending operations by providing the non- repayable forms of support to blending operations.
Amendment 277 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may be eligible for funding if this is necessarycritical for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notably that:
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the non-associated third country or third country entity provides a technological and/or industrial input which could not be supplied by a European entity.
Amendment 316 #
Proposal for a regulation
Article 11 – paragraph 3 – point i
Article 11 – paragraph 3 – point i
(i) the development of technologies or assets increasing efficiency and reducing the environmental impact across the life cycle of defence products and technologies;
Amendment 336 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Actions for the development of products and technologies the use, development or, production or trade of which is prohibited by applicable international law shall not be eligible.
Amendment 338 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Actions for the development of products and technologies which could serve the following purposes shall not be eligible: (i) commit or facilitate a serious violation of international humanitarian law; (ii) commit or facilitate a serious violation of international human rights law; (iii) commit or facilitate an act constituting an offense under international conventions or protocols relating to terrorism ; (iv) commit or facilitate an act constituting an offense under international conventions or protocols relating to transnational organized crime.
Amendment 341 #
Proposal for a regulation
Article 11 – paragraph 6 b (new)
Article 11 – paragraph 6 b (new)
6b. Conversely, actions for the development of products and technologies aiming at the prevention, annulation or mitigation of the effects on human victims of military conducts contrary to international law, shall be encouraged.
Amendment 347 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the award of funding for development actions, the Commission shall act by means of implementing acts adopted in accordance with the procedure referred to in Article 28 paragraph 2delegated acts.
Amendment 349 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) contribution to the industrial autonomy of the European defence industry by enhancing defence technologies or products in line with defence capability priorities agreed by Member States within the framework of the Common Foreign and Security Policy;
Amendment 351 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) contribution to the security and defence interests of the Union in line with the priorities referred to in Article 3 paragraph 2 and, where appropriate, regional and international cooperative agreements, provided that they serve the Union’s security and defence interests and do not exclude the participation of any Member State;
Amendment 357 #
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea) contribution to reducing the environmental impact of defence products, providing innovative solutions enabling the phase out of environmentally harmful substances where possible;
Amendment 361 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) appropriate transparency and accountability provisions among contractors and sub-contractors shall be considered one of the criteria.
Amendment 394 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Blending operations decided under this Fund shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation. The amount of expenditure from this programme to be blended with a financial instrument shall be non-refundable.
Amendment 408 #
Proposal for a regulation
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) at least two Member States and/or associated countries iprovide guarantendes to procure the final product or use the technology in a coordinated way, including joint procurement;
Amendment 420 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Fund shall be implemented by annual or multi annual work programmes established in accordance with Article [110] of the Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. The European Parliament may select a representative group of Members to assist the committee.
Amendment 423 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission shall adopt the work programmes by means of implementing acts in accordance with the procedure referred to in Article 28 paragraph 2delegated acts.
Amendment 424 #
2a. Based on the work programmes' elaboration process and in close cooperation with the Committee, the Commission shall carry out an upfront assessment of possible duplication cases with existing capabilities or already funded research or development projects within the EU. Where such duplication cases may occur, no award decision shall be taken on the action in question unless there is an agreement to phase-out the pre-existing technology or equipment, assorted with proper industrial and social transition tools.
Amendment 425 #
Proposal for a regulation
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2b. The work programmes shall set out the categories of projects to be funded under the Programme, in line with the defence priorities referred to in Article 3.
Amendment 435 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, universities, non-governmental organisations, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] of the Financial Regulation, this list shall not be made public that is gender balanced.
Amendment 456 #
Proposal for a regulation
Annex I – part 2 – paragraph 2 a (new)
Annex I – part 2 – paragraph 2 a (new)
Indicator 5: Europeanisation of military equipment: Measured by: financial share and geographical spread of Programme- funded projects in terms of European public procurement or potential acquisitions