Activities of Edouard MARTIN related to 2018/0254(COD)

Edouard MARTIN, Martina WERNER, Carlos ZORRINHO

Proposal for a regulation
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 as~~in 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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Miroslav POCHE, Carlos ZORRINHO, Răzvan POPA

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Martina WERNER, Carlos ZORRINHO

Proposal for a regulation
Recital 13

(13) In certain circumstances, if this is ~~necessary~~critical 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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Martina WERNER, Carlos ZORRINHO, Răzvan POPA

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Carlos ZORRINHO

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Miroslav POCHE, Carlos ZORRINHO, Răzvan POPA

(43) The Union financial support should not affect the transfer of defence-related products within the Union in accordance with Directive 2009/43/CE of the European Parliament and the Council15 ~~, nor the export of products, equipment or technologies~~. _________________ 15 Directive 2009/43/EC of the European Parliament and the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1).

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Răzvan POPA, Eugen FREUND

Proposal for a regulation
Recital 43 a (new)

(43a) Entities which have been found guilty in a court of law of a criminal offence such as, but not limited to, bribing official or breaching EU restrictive measures, should not be eligible for funding. The Commission may decide that any such entity, or an entity where senior executives have been found guilty, shall be barred from applying for funding for a period of no less than 36 months following conviction. The Commission shall maintain a publicly accessible database of all barred undertakings. Where an entity is under a credible and relevant investigation for a criminal offence, the Commission should reserve the right to await the outcome of the investigation before awarding funding.

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Carlos ZORRINHO, Eugen FREUND

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Edouard MARTIN, Miroslav POCHE, Carlos ZORRINHO

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 1

1. The financial envelope for the implementation of the European Defence Fund for the period 2021 – 2027 shall be EUR 1~~3 000~~1 453 000 000 in c~~urrent price~~onstant prices. This financial envelope shall be additional to pre-existing MFF headings.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) ~~up to EUR 4 100 0~~EUR 3 612 100 000 for research actions (constant prices);

2018/09/14
Committee: ITRE

Edouard MARTIN, Martina WERNER

Proposal for a regulation
Article 4 – paragraph 2 – point b

(b) ~~up to EUR 8 90~~EUR 7 840 0900 000 for development actions (constant prices).

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. In order to respond to unforeseen circumstances or to new developments and needs, the Commission may, within the annual budgetary procedure, deviate from the amounts referred to in paragraph 2 by a maximum of 10%.

2018/09/14
Committee: ITRE

Edouard MARTIN, Martina WERNER

Proposal for a regulation
Article 4 – paragraph 3

3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Fund, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems. This amount shall not exceed 5% of the value of the financial envelope referred in paragraph 1.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 5

5. Resources allocated to Member States under shared management may, at their request, be transferred to the Fund. The Commission shall implement those resources directly in accordance with Article [62(1)(a)] of the Financial Regulation. Where possible those resources shall be used for the benefit of the Member State concerned.deleted

2018/09/14
Committee: ITRE

Edouard MARTIN, Eugen FREUND

Proposal for a regulation
Article 5 – paragraph 1

The Fund shall be open to the European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement. Any financial contribution to the programme based on this article shall constitute assigned revenue in accordance with Article [21(5)] of the Financial Regulation.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1

1. Actions carried out under the Fund shall comply with ethical principles and relevant national, Union and international legislation. , notably the Arms Trade Treaty which was ratified by all the EU Member- States.

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Eugen FREUND

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 3 a (new)

3a. Entities participating in the action shall demonstrate to the Commission that they have robust corporate governance standards including anonymised whistleblowing channels operated by a third party. Entities, or their senior executives, which have been found guilty of a criminal offence in a court of law may be barred from applying to the Fund fora period of no less than 36 months starting on the date of criminal conviction.

2018/09/14
Committee: ITRE

Edouard MARTIN, Carlos ZORRINHO, Eugen FREUND

Proposal for a regulation
Article 7 – paragraph 3 b (new)

3b. An Ethics conformity certificate shall be published by the Commission for each project.

2018/09/14
Committee: ITRE

Edouard MARTIN, Carlos ZORRINHO, Eugen FREUND

Proposal for a regulation
Article 7 – paragraph 4

4. ~~If appropriate, e~~Ethics 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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Carlos ZORRINHO, Eugen FREUND

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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 procurement~~the 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.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 1

1. Applicants and their subcontractors shall be eligible for funding provided that they are established in the Union or in an associated country as laid down in Article 5, have their executive management structures in the Union or in an associated country under Article 5, and are not controlled by a non-associated third country or by a non-associated third country entity.

2018/09/14
Committee: ITRE

Proposal for a regulation
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 ~~necessary~~critical 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:

2018/09/14
Committee: ITRE

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Carlos ZORRINHO, Răzvan POPA, Eugen FREUND

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 3 a (new)

3a. Where an action covers research and development activities, Title III shall apply for the action.

2018/09/14
Committee: ITRE

Edouard MARTIN, Martina WERNER, Carlos ZORRINHO

Proposal for a regulation
Article 11 – paragraph 4

4. ~~Unless otherwise provided for in the work programme referred to in Article 27, t~~The action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other.

2018/09/14
Committee: ITRE

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Miroslav POCHE, Carlos ZORRINHO, Răzvan POPA

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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 2~~delegated acts.

2018/09/14
Committee: ITRE

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Martina WERNER, Carlos ZORRINHO

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Carlos ZORRINHO

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Miroslav POCHE, Carlos ZORRINHO, Răzvan POPA

Proposal for a regulation
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;

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Carlos ZORRINHO, Răzvan POPA

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
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 2~~delegated acts.

2018/09/14
Committee: ITRE

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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Clare MOODY, Eugen FREUND

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Edouard MARTIN, Carlos ZORRINHO, Răzvan POPA, Eugen FREUND

Proposal for a regulation
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.

2018/09/14
Committee: ITRE

Proposal for a regulation
Article 34 – paragraph 1 a (new)

Where a Member State or undertaking invokes national security as a reason for withholding information from OLAF where there is a risk of fraud or other unlawful activity, the national security concerns shall be interpreted strictly.

2018/09/14
Committee: ITRE