Activities of Georgios EPITIDEIOS related to 2018/0254(COD)
Plenary speeches (1)
Establishing the European Defence Fund (debate) EL
Amendments (28)
Amendment 38 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least two different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre-commercial procurement .
Amendment 39 #
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, efficiency and autonomy of the Union's defence industry, only entities established in the Union or associated countries and not subject to control by non-associated third countries or non-associated third country entities should in principle be eligible for support. Additionally, iIn order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the recipients and their subcontractors in actions supported by the Fund should not be located on the territory of non-associated third countries.
Amendment 43 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 50 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specificities of the defence industry where demand comes almost exclusively from Member States and associated countries, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence sector is unique and does not follow the conventional rules and business models that govern more traditional markets. Industry therefore cannot undertake substantial self-funded defence Research and Development (R&D) projects and Member States and associated countries normally fully fund all R&D cost. By way of derogation from this rule, Member States facing external threats from third parties or third countries will, on a case-by-case basis, receive funding amounts that will not cause them budgetary problems. To achieve the objectives of the Fund, notably to incentivise cooperation between companies from different Member States and associated countries, and taking into account the specifics of the defence sector, up to totality of the eligible costs should be covered for actions that take place ahead of the development of prototypes phase.
Amendment 52 #
Proposal for a regulation
Recital 19
Recital 19
(19) The prototype phase is a crucial phase where Member States or associated countries usually decide on their consolidated investment and start the acquisition process of their future defence products or technologies. This is the reason why, at this specific stage, Member States and associated countries agree on the necessary commitments including cost- sharing and ownership of the project. To ensure the credibility of their commitment, the financial assistance of the Union under the Fund should normally not exceed 20 % of the eligible costs.
Amendment 62 #
Proposal for a regulation
Recital 23
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, account may also be taken of regional and international priorities, including those in the North Atlantic Treaty Organisation context, may also be taken into accountand elsewhere if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account thatfrom participating, taking care also to avoid unnecessary duplication should be avoided.
Amendment 76 #
Proposal for a regulation
Recital 39
Recital 39
Amendment 82 #
Proposal for a regulation
Recital 42
Recital 42
(42) As the Fund supports only the research and development phases of defence products and technologies, in principle the Union should not have ownership or intellectual property rights (IPRs) over the products or technologies resulting from the funded actions unless the Union assistance is provided through procurement. However, for research actions, interested Member States and associated countries should habe given the possibilopportunity to use the results of funded actions and participate in follow- up cooperative development , which meands thereforeat derogations to that principle should be allowed.
Amendment 118 #
Proposal for a regulation
Article 5
Article 5
Associated countries 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.rticle 5 deleted
Amendment 141 #
Proposal for a regulation
Article 10 – paragraph 1
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, have their executive management structures in the Union or in an associated country and are not controlled by a non-associated third country or by a non-associated third country entity.
Amendment 146 #
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 necessary 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 149 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall only cooperate only with legal entities established in the Union or in an associated country and not controlled by non-associated third countries or non- associated third country entities.
Amendment 152 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Applications which require the verifications under paragraph 2 or paragraph 4 may only be submitted with the agreement of the Member State or associated country in which the applicant is established.
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For grants awarded to actions referred to Article 11(3)(e) and other actions where Member States and/or associated countries finance the major part of the budget, the Commission may use:
Amendment 202 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) a single lump sum referred to in Article [182] of the Financial Regulation and based on the provisional budget of the action already endorsed by the national authorities of the co-financing Member States and associated countries.
Amendment 207 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If justified the grant agreement may require that the results of actions receiving support from the Fund shall not be subject to any control or restriction, directly or indirectly through one or more intermediate legal entities, including in terms of technology transfer by a non- associated third country or by a non- associated third country entitthird country.
Amendment 210 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The national authorities of Member States and associated countries shall enjoy access rights to the special report ofregarding a project that has received Union funding. Such access rights shall be granted on a royalty-free basis and transferred by the Commission to the Member States and associated countries after ensuring that appropriate confidentiality obligations are in place.
Amendment 212 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The national authorities of Member States and associated countries shall use the special report solely for purposes related to the use by or for their armed forces, or security or intelligence forces, including within the framework of their cooperative programmes. Such usage shall include, but not be limited to, the study, evaluation, assessment, research, design, development, manufacture, improvement, modification, maintenance, repair, refurbishment, and product acceptance and certification, operation, training, disposal and other design services and product deployment, as well as the assessment and drafting of technical requirements for procurement.
Amendment 214 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Where applicable, the consortium shall demonstrate that the remaining costs of an eligible action which are not covered by the Union support will be covered by other means of financing such as Member States' and/or associated countries’ contributions or co-financing from legal entities.
Amendment 215 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. When it relates to actions referred to in point d) of Article 11 paragraph 3, the action shall be based on harmonised capability requirements jointly agreed by the relevant Member States and/or associated countries.
Amendment 216 #
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 intend to procure the final product or use the technology in a coordinated way, including joint procurement;
Amendment 219 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 221 #
3. With regard to results generated by recipients, the Commission shall be notified of any transfer of ownership or grant of a licence to non-associated third countries. Such transfer of ownership or granting of a licence shall not contravene the defence and security interests of the Union and its Member States or the objectives this Regulation as set out in Article 3, otherwise it will necessitate reimbursement of the funding provided under the Fund.
Amendment 222 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. By derogation from paragraph 1, where the Union assistance is provided in the form of public procurement, the Union shall own the results and Member States and/or associated countries shall have the right, free of charge, to a non-exclusive licence for the use of the results upon their written request.
Amendment 223 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
In case a project manager is appointed by Member States and associated countries, the Commission shall execute the payment to the recipients after informing the project manager.
Amendment 244 #
Proposal for a regulation
Article 30 – paragraph 1 – point α
Article 30 – paragraph 1 – point α
(a) each Member State or associated country shall ensure that its national security regulations offer a degree of protection of European Union classified information equivalent to that provided by the rules on security as set out in Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information21 and by the security rules of the Council set out in the Annexes to Decision 2013/488/EU22 ; _________________ 21 2221 OJ L 72, 17.3.2015, p. 53–88. OJ L 72, 17.3.2015, p. 53–88. 22 OJ L 274, 15.10.2013, p. 1–50. OJ L 274, 15.10.2013, p. 1–50.
Amendment 245 #
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) Member States and associated countries shall without delay inform the Commission of the national security regulations referred to in point (a);
Amendment 246 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) natural persons resident in and legal persons established in non-associated third countries may deal with EU classified information regarding the Fund only where they are subject, in those countries, to security regulations ensuring a degree of protection at least equivalent to that provided by the Commission's rules on security set out in Commission Decision (EU, Euratom) 2015/444 and by the security rules of the Council set out in the Annexes to Decision 2013/488/EU. The equivalence of the security regulations applied in a third country or international organisation shall be defined in a security of information agreement, including industrial security matters if relevant, concluded between the Union and that third country or international organisation in accordance with the procedure provided for in Article 218 TFEU and taking into account Article 13 of Decision 2013/488/EU;