27 Amendments of Massimiliano SALINI related to 2018/0254(COD)
Amendment 113 #
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 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 133 #
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, in 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 135 #
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary 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. TGiven the sensitive and strategic nature of the defence sector, Member States should implement measures at the national level that serve to guarantee a uniform degree of oversight over the functioning of beneficiaries operating in this field, whether they are controlled by an entity established within the European Union or in a third country. In all cases, 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.
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Fund is to foster the competitiveness, efficiency and innovation capacity of the European defence industry, by supporting collaborative actions and cross-border cooperation between legal entities throughout the Union, including SMEs and mid-caps as well as fostering the better exploitation of the industrial potential of innovation, research and technological development, at each stage of the industrial life cycle, thus contributing to the Union strategic autonomy. The Fund should alsoall contribute to the freedom of action of the Union and its autonomy, in particular in technological and industrial terms.
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Up toAt least 5 % of the financial envelope referred to in paragraph 1 shall be devoted to support disruptive technologies for defence.
Amendment 231 #
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. All experts shall be required to be validated by the Member States that has issued their security clearance. The appropriate security clearance shall be required before appointment. The Commission shall ensure the transparency of the ethics procedures as much as possible.
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 245 #
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 timshall not be eligible.
Amendment 255 #
Proposal for a regulation
Title 1 – chapter 3 – title
Title 1 – chapter 3 – title
ELIGIBILITY AND GRANTS
Amendment 262 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors involved in the action 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 264 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. All beneficiaries shall be subject to appropriate measures codified at the national level, which serve to best guarantee a uniform degree of control over the functioning of the beneficiaries themselves, so as to ensure the safeguard of the Union's security interests. This shall apply to beneficiaries controlled both by an entity established in the European Union as well as to those controlled by an entity established in a third country.
Amendment 274 #
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 291 #
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 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 309 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) studies, such as feasibility studies to explore the feasibility of a new or improved technology, product, process, service, solution or statistics on the defence industry and projects to pilot the collection of data;
Amendment 321 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, 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. If the cooperation includes at least one legal entity from an associated country, at least two legal entities from two different Member States shall participate.
Amendment 327 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, tThe 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.
Amendment 331 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 356 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) contribution to the creation of new cross-border cooperation between legal entities, in particular for SMEs which are established in Member States and/or associated countries other than those where the entities in the consortium which are not SMEs are established;
Amendment 365 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 367 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Fund mayshall finance up to 100% of the eligible costs of an action without prejudice to the co-financing principle.
Amendment 377 #
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) the overall increase in the funding rate of an action shall not exceed 320 percentage points.
Amendment 389 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate, iIndirect eligible costs beyond the flat rate of 25 % mayshall be determined in accordance with the beneficiary's usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission.
Amendment 390 #
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 (new)
Article 16 – paragraph 2 – subparagraph 1 (new)
Should the beneficiary not be able to calculate indirect eligible costs on the basis of cost accounting practices referred to in Article 16(1), indirect eligible costs may be determined by applying a flat rate of 25 % of the total direct eligible costs, excluding direct eligible costs for subcontracting, financial support to third parties and any unit costs or lump sums which include indirect costs. This will be allowed when the beneficiary is an SME or in the absence of accepted practices at national level.
Amendment 396 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The results of the actions shall be owned by the beneficiaries generating them. Where legal entities jointly generate results, and where their respective contribution cannot be ascertained, or where it is not possible to separate such joint results, the legal entities shall have joint ownership of the results. The joint owners will establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 400 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If justified the grant agreement may require that tThe 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 entity.
Amendment 415 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The results of the actions shall be owned by the beneficiaries generating them. Where legal entities jointly generate results, and where their respective contribution cannot be ascertained, or where it is not possible to separate such joint results, the legal entities shall have joint ownership of the results. The joint owners will establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 452 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Commission shall implement information and communication actions relating to the Fund, and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3, and may be used for projects on statistics on the defence industry and projects to pilot the collection of data.