21 Amendments of Tomas TOBÉ related to 2022/0219(COD)
Amendment 43 #
Proposal for a regulation
Recital 1
Recital 1
(1) The EU Heads of State or Government, meeting in Versailles on 11 March, committed to “bolster European defence capabilities” in light of the Russian military aggression against Ukraine. They agreed to increase defence expenditures, step up cooperation through joint projects, and common procurement of defence capabilities, close shortfalls, boost innovation and strengthen and develop the EU defence industry, including small and medium-sized enterprises (SMEs).
Amendment 72 #
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base through proper functioning of the European Single Market should therefore be at the core of those efforts. Indeed difficulties and gaps still exist and the European defence industrial base remains highly fragmented, lacking sufficient collaborative action and inter- operability of products.
Amendment 76 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In addition, given that the EDTIB requires favourable long-term conditions, it is of utmost importance that access to finance for defence companies is assured, as laid out in the Strategic Compass. Lacking an explicit classification of being sustainable within the EU's taxonomy, EU defence companies are faced with substantial difficulties to secure financing and thus to increase their production capacity rendering relocation of production outside of the EU's common market more attractive to defence companies. By not defining all defence companies as sustainable, EU is actively undermining an industry that is vital to protect our societies and in the long run, this approach could pose a threat to sustainable development. Furthermore, the EU Member States should take a first step in that regard and send a positive signal to European defence companies and the financial sector by adapting the statute of the European Investment Bank in order to allow for financing of defence investments.
Amendment 104 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Instrument will build on and take into account the work of the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine with urgently needed and rapidly deployable equipment, notably in light of the support provided to Ukraine, in particular by the Member States in its close neighbourhood.
Amendment 112 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Instrument is coherent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The instrument shall complement the existing Defence and Security Procurement Directive (2009/81/EC). The Instrument is fully coherent with the ambition of the Strategic Compass.
Amendment 117 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Cooperation with the United States of America and the United Kingdom is vital for European defence and security. In light of surging protectionist tendencies in the United States, epitomised by the Inflation Reduction Act, it is important to pursue an amicable transatlantic relationship and strengthen its ties, while striving for a level playing field.
Amendment 148 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Russia’s brutal and unprovoked war of aggression against Ukraine became a turning point for European security, and in particular for Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Sweden and Finland that are bordering Russia and Ukraine or have their territorial waters or Exclusive Economic Zones adjacent to those of Ukraine or Russia. Those Member States have become the target of threatening rhetoric and hostile actions by Russia, supported by Belarus. Despite facing fundamental threats to their own security, they continue to support Ukraine in providing assistance, including military assistance, thus significantly depleting their own stockpiles. The Instrument should therefore provide incentives for the participation of those Member States by granting higher Union contribution to actions where at least two such Member States participate. In addition, such a higher Union contribution should also apply for actions in which Member States decide to authorise the procurement agent to procure additional quantities of the respective defence product for Ukraine and Moldova. Given that those countries are partially occupied by Russia or its proxies, and are the targets of Russia’s military aggression or are under threat of a direct Russian military intervention, further support for Ukraine and Moldova, which are Union candidate countries, would substantially contribute to European security, while strengthening the EDTIB and fostering cooperation in defence procurement.
Amendment 155 #
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council3 , Council Regulation (Euratom, EC) No 2988/954 , Council Regulation (Euratom, EC) No 2185/965 and Council Regulation (EU) 2017/19396 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. It is of the essence to counteract corruption and uphold the rule of law. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council7 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 3 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1. 4 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1). 5 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292,15.11.96 , , p.2). 6 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p.1). 7 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘defence products’ mean products awarded in the fields of defence and security, within the meaning of Article 2 of Directive 2009/81/EC, as well as medical supplies and medical support equipment in order to replenish, and, if considered to be necessary in light of the changed security situation, to expand stockpiles depleted as a result of the response to the Russian military aggression against Ukraine. ‘Defence products’ include equipment, services, works and supplies;
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps), for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities, while safeguarding cost efficiency;
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB) for a more resilient Union without distorting the functioning of the European Single Market, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including ramp-up of its manufacturing capacities;
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation, meet the increased demand and increasing the effectiveness of public spending.
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) incentivise a decrease in disparate national standards and requirements in the context of procurement of defence products.
Amendment 203 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force and the strategic needs of European defence industry ahead.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 2 – point 1 (new)
Article 3 – paragraph 2 – point 1 (new)
(1) While fragmentation of the EDTIB is to be counteracted, there also exists necessary and valuable diversification with positive ramifications, not least from a security perspective.
Amendment 223 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The EU funding shall incentivize the cooperation between Member States and participating parties referred to in Article 5, to fulfil the objectives referred to in Article 3. The financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation.
Amendment 230 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Union financial contribution to each action shall not exceed 15 % of the amount referred to in Article 4(1) and shall be capped at 20 % of the estimated value of the common procurement contract per consortium of Member States and associated countries. By way of derogation from the first subparagraph, the Union financial contribution to each action shall not be lower than 20 % of the amount referred to in Article 4(1) and shall be capped at 25 % of the estimated value of the common procurements contract, where one or both of the following conditions is met: (a) at least two members of a consortium of Member States and associated countries have a common border with Russia or with countries aggressed by Russia, or have their territorial waters or exclusive economic zones adjacent to those of Russia or the countries aggressed by Russia; (b) one of the third countries referred to in Article 5(1a) is a recipient of additional quantities in the procurement action in accordance with that paragraph.
Amendment 258 #
Proposal for a regulation
Article 8 – paragraph 7 – point b
Article 8 – paragraph 7 – point b
(b) access by a non-associated third country or by a non-associated third- country entity to sensitiveclassified information is prevented and the employees or other persons involved in the common procurement have national security clearance issued by a Member State.
Amendment 312 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In line with Article 8 (9), the Commission, assisted by the European Defence Agency, shall endeavour to identify components of non-EU origin for which no alternative exists in the Union and take appropriate measures to foster their development in the Union, including through research and development, and in particular, through the European Defence Fund.
Amendment 325 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. In addition and in line with Article 8 (9), the report shall identify, based on considerations of the Union's essential defence capability needs, the most critical components of non-EU origin, including an assessment of the possibilities for the development of alternative components within the Union.
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The report shall evaluate potential bottlenecks in the functioning of this instrument.