84 Amendments of Nathalie LOISEAU related to 2022/0219(COD)
Amendment 22 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and, efficiency and the independence of the Union’s defence industry, to benefit from the instrument, according to the legal basis, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. 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 of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country.
Amendment 34 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certain exceptional circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third- country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
Amendment 40 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Instrument shall be implemented in direct management in accordance with the Financial Regulation. Grants shall take the form of financing not linked to costs referred to in Article 180(3) of the Financial Regulation.
Amendment 41 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. WBy way of derogation to Article 193 of the Financial Regulation, and where necessary for the implementation of an action, financial contributions may cover a perioctions started prior to the date of the request for financial contributions for that action, provided that these actions hasve not started prior to the 24 February 2022. 18 May 2022 and have not been completed before the signature of the grant agreement. Retroactively eligible actions must comply with all eligibility criteria provided for in Articles 7 and 8.
Amendment 46 #
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR). The instrument should be without prejudice to the rules laid down in particular by the Directive 2009/81/EC on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security. Additional eligibility requirements as set out in article 8 in this regulation should be part of the tender documents and prevail over conflicting laws of the Member State in which the procurement agent is established.
Amendment 49 #
Proposal for a regulation
Recital 2
Recital 2
(2) The unjustified invasion of Ukraine by the Russian Federation on 24 February 2022 and the ongoing armed conflict in Ukraine has made it clear that it is critical to act nowurgently to address the existing shortfalls It has led to the return of high- intensity warfare and territorial conflict in Europe,. It requiringes a significant increase in the capacity of Member States to fill the most urgent and critical gaps, especially those exacerbated by the transfer of defence products to Ukraine, in particular in the Member States in its close neighbourhood.
Amendment 52 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Russian invasion of Ukraine is a wake-up call for the European Union, which still has Soviet-era military equipment, barely functioning or no longer relevant in the context of technological developments. The defence budget has been neglected critically in many Member States, while both our partners and other third countries have invested massively in modernizing their military capabilities. Ramping up our military R&D, our defence industry, and our military capabilities would make the EU a relevant global player, which is both adequate and necessary for the current geopolitical landscape.
Amendment 60 #
Proposal for a regulation
Recital 4
Recital 4
(4) A dedicated short-term instrument, designed in a spirit of solidarity, was indicated as a tool to incentivise Member States, on a voluntary basis, to pursue common procurement to fill the most urgent and critical gaps, especiallyincluding those created by the response to the current Russia’s aggression, in a collaborative way.
Amendment 61 #
Proposal for a regulation
Recital 4
Recital 4
(4) A dedicated short-term instrument, designed in a spirit of solidarity, was indicated as a tool to incentivise Member States, on a voluntary basis, to pursue common procurement to fill the most urgent and critical gaps, especially those created by the response to the current Russia’s aggression, in a collaborative way.
Amendment 65 #
Proposal for a regulation
Recital 5
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing, to strengthen and improve EU defence industrial capabilities.
Amendment 66 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This instrument should be viewed as a first step towards more coordination in the field of security and defence, and, together with future measures, paves the way towards a European defence single market and a European Defence Union. European unity and interoperability are key for the future of the European security architecture.
Amendment 82 #
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, and in accordance with Article 173 of the Treaty on the Functioning of the European Union where the Union and the Member States aim at ensuring that the competitiveness of the Union’s industry exist, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
Amendment 83 #
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps, while also thinking critically ahead about securing all necessary components needed in the EU defence supply chain.
Amendment 84 #
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, and in accordance with Article 173 of the Treaty on the Functioning of the European Union, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
Amendment 87 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutesthere are no readily available substitutes in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 90 #
Proposal for a regulation
Recital 11
Recital 11
(11) Common investment and defence procurement should in particular be incentivised, as such collaborative actions would ensure that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry, and increasing interoperability.
Amendment 96 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction to use, maintain, modify or transfer it by a non- associated third country or a non- associated third country entity.
Amendment 100 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. In regard of the urgency of the situation, a defence product subject to a restriction to transfer by a non-associated third country or a non-associated third country entity may be declared eligible by the Commission where the Member States or associated countries participating in the common procurement have demonstrated that this derogation only concerns defence products being in use prior to 24 February 2022 within the Armed Forces of all Member States or associated countries participating in the common procurement.
Amendment 102 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) This instrument should be effective, seamless, and de- bureaucratised, in order to encourage SME participation, to stimulate innovation in defence products, and to open up the defence market to new European companies from across the EU.
Amendment 105 #
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, strengthen and increase stocks, notably in light of the support provided to Ukraine and in view to perpetuate it.
Amendment 106 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 105 % of the work share is allocated;
Amendment 108 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The ‘Defence Investment Gaps Analysis and Way Forward’, should become an annual report to ensure that EU military landscape is monitored and stocks are prepared, interoperable, and ready for deployment.
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The proportion of the equipment originating from non-associated third countries shall not exceed 25% of the value of the end product. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 115 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States participating in the common procurement of defence products under this Instrument should have a right to invite Ukraine and Moldova to participate in the action. To do this they should authorise a procurement agent to enter into an agreement for procuring additional quantities of the defence product with these countries. Such an agreement would benefit the EDTIB as these countries' participation would provide for a better economy of scale and scope, higher demand and interoperability at the technical level, common training, cross-servicing and maintenance which would provide a foundation for the later inclusion of their defence industries in the EDTIB. It would also strengthen the two countries' defence capabilities in light of Russia's aggression and threat. The possibility to participate on the invitation of the Member States in the procurement agreement should be open to Georgia as soon as the European Council grants it the status of candidate country once the priorities specified in the Commission’s opinion on Georgia’s membership application have been addressed.
Amendment 120 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) To make sure that all these initiatives are coherent, the Commission should prepare an overview of all instruments that can facilitate the joint procurement process and facilitate dialogue with Member States and their governments.
Amendment 121 #
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) The Commission together with the EEAS should hold regular briefings and training programs with Member States to ensure they are ready to absorb funds and can make full use of this instrument. Regular info sessions should also be made available for the defence industry, including for SMEs.
Amendment 123 #
(16) As the instrument aims to enhance the competitiveness and, efficiency and independence of the Union’s defence industry, to benefit from the instrument in accordance with the legal basis, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. 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 of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country.
Amendment 126 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Considering the very nature of this instrument, based on its legal basis, which aims at strengthening the European defence industry, any possible derogation shall be kept to a strict minimum.
Amendment 129 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certainstrictly framed exceptional circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non -associated third- country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
Amendment 133 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity that limits Member States’ ability to use, maintain, modify or transfer it.
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. The interplay of the action within the framework of the European Defence Fund.
Amendment 140 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 b (new)
Article 10 – paragraph 1 – point 7 b (new)
7 b. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process in the manufacturing process.
Amendment 144 #
Proposal for a regulation
Recital 20
Recital 20
(20) Where the Union grant takes the form of financing not linked to costs, the Commission should determine in the work programme the funding conditions for each action, in particular (a) a description of action involving cooperation for common procurement with a view to addressing the most urgent and critical capacity needs, (b) the milestones for the implementation of the action, (c) the rough order of magnitude expected from the common procurement and (d) the maximum Union contribution available.
Amendment 147 #
Proposal for a regulation
Recital 21
Recital 21
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry, and (c) the number of participating Member States or associated countries or the inclusion of additional Member States or associated countries to existing cooperations, and (d) the development of the action supported as part of the European Defence Fund.
Amendment 154 #
Proposal for a regulation
Recital 23
Recital 23
(23) In accordance with Article 193(2) of the Financial Regulation, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, financial contribution should not cover a period prior to the date of submission of the grant application, except in duly justified exceptional cases, such as equipment replacement sent to Ukraine. In order to avoid any disruption in Union support which could be prejudicial to the interests of the Union, it should be possible to provide in the financing decision for financial contributions to actions that cover a period from the 24 February 2022, even if they have started before the grant application was submitted.
Amendment 156 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The EPPO and OLAF should closely monitor this instrument and its implementation in order to proactively prevent any risk of corruption.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘procurement agent’ means a contracting authority as defined in Directive 2009/81/EC, established in a Member State or an associated country, or the European Defence Agency or an international organisation such as OCCAR, designated by at least three Member States to conduct a common procurement on their behalf, including Union bodies or international organisations; ;
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘classified information’ means information or material, in any form, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, and which bears an EU classification marking or a corresponding classification marking, as established in the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘defence products’ means products and services within the scope of Article 2 of Directive 2009/81/EC.
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘classified information’ means information or material, in any form, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, and which bears an EU classification marking or a corresponding classification marking, as established in the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union;
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘sensitive information’ means information and data, including classified information, that is to be protected from unauthorised access or disclosure because of obligations laid down in Union or national law or in order to safeguard the privacy or security of a natural or legal person;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 c (new)
Article 2 – paragraph 1 – point 6 c (new)
(6c) ‘sensitive information’ means information and data, including classified information, that is to be protected from unauthorised access or disclosure because of obligations laid down in Union or national law or in order to safeguard the privacy or security of a natural or legal person;
Amendment 176 #
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 the creation and ramp- up of its manufacturing capacities, in accordance with the legal basis of the instrument, in order to provide the most critical and urgent defence products needed by Member States;
Amendment 179 #
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 and technological changes, including ramp-up of its manufacturing capacities and increase in the resilience of its supply chains;
Amendment 187 #
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 and, increasing the effectiveness of public spending, and encouraging the harmonisation of defence procurement legislation across Member States.
Amendment 190 #
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 and, increasing the effectiveness of public spending, and fostering the emergence of European standards in the field of defence.
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i (new)
Article 3 – paragraph 1 – point b – point i (new)
i) to stimulate the uptake of new technologies in the EDTIB and to support the development of a defence technological and industrial base in more Union Member States.
Amendment 197 #
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 capability gaps identified in the Joint Communication of the Commission and the High-Representative on Defence investment gaps analysis. This can be achieved through the replenishment of stockpiles, including with the equipment in the EDTIB, as well as through the replacement of obsolete ones, especially post-Soviet equipment, and the reinforcement of overall defence capabilities.
Amendment 204 #
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 in accordance with the legal basis of the instrument 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.
Amendment 205 #
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, modernising, and expanding 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.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Nothing in this Instrument shall be interpreted as constraining the Member States arms export policies, in particular shipments to Ukraine.
Amendment 209 #
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1 (new)
Article 4 – paragraph 1 – indent 1 (new)
Amendment 225 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The EU funding shall incentivize the cooperation between Member States 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 226 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. WBy way of derogation to Article 193 of the Financial Regulation, and where necessary for the implementation of an action, financial contributions may cover a period prior to the date of the request for financial contributions for that action, provided that the action has not started prior to the 24 February 202218 May 2022 and the common procurement has not been tendered before the signature of the Grant Agreement.
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
Amendment 236 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least onew Member States or associated countriesy;
Amendment 244 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries in accordance with Article 5 shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States.
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor is established are made available to the Commission by the procurement agent or if it demonstrates that it has been subject to a screening within the meaning of Regulation (EU) 2019/452 and, where necessary, to mitigating measures equivalent to the conditions of paragraph 7.
Amendment 249 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides adequate guarantees approved by the Member State or associated third country in which the contractor is established, pursuant to Article 7.
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The participating Member States shall provide to the Commission a notification from the procurement agent on the guarantees or the equivalent measures provided by a contractor or subcontractor involved in the common procurement that is established in the Union or an associated third country and controlled by a non- associated third country or a non- associated third country entity. The guarantees, the equivalent measures and related provisions in the procurement contract shall be made available to the Commission upon request. The guarantees and equivalent measures shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3 of this Regulation.
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
Article 8 – paragraph 7 – introductory part
7. The guarantees and equivalent measures shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity that limits Member States’ ability to use, maintain, modify or transfer it.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. By way of derogation from paragraph 9, and in regard of the urgency of the situation and the short-term nature of the Instrument, a defence product subject to a restriction by a non- associated third country or a non- associated third country entity shall be eligible for common procurement only if the Member States or associated countries participating in the common procurement request to waive this requirement. The request shall in particular substantiate that the following conditions are cumulatively met: (a) The waiver shall only concern defence products being in use prior to 24 February 2022 within the Armed Forces of all Member States or associated countries participating in the common procurement. (b) The waiver shall only concern defence products the stocks of which need to be replenished due to the new security environment in Europe, and (c) The waiver shall only concern defence products the non-availability of which, due to an absence of waiver, would put at risk the requesting Member States’ immediate ability to defend themselves’.
Amendment 275 #
Proposal for a regulation
Article 8 – paragraph 10 – introductory part
Article 8 – paragraph 10 – introductory part
10. For the purposes of this Article, and in view of criticality and urgency to procure to fulfil the objectives of this regulation, ‘subcontractors involved in the common procurement’ means all of the followingre only the ones:
Amendment 278 #
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
(a) subcontractors with a direct contractual relationship to a contractor;
Amendment 281 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 105 % of the work share is allocated;
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 10 – point c
Article 8 – paragraph 10 – point c
(c) subcontractors which may require access to classified informaproviding critical inputs that possess unique attributes essential for the function ing order to carry out the common procuremenf a product.
Amendment 285 #
10a. The proportion of the equipment originating from non-associated third countries shall not exceed 20 per cent of the value of the end product. No components shall be sourced from non- associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 291 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply;
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
2. the contribution of the action to competitiveness and adaptation of the EDTIB, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernizsation including increased military interoperability between Member States and with NATO;
Amendment 293 #
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
3. the contribution of the action to strengthening cooperation among Member States or associated countries and interoperability of products, Ukraine and the Republic of Moldova, and any declaration by the participants to strengthen their defence cooperation beyond the joint procurement;
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 1 – point 3 a (new)
Article 10 – paragraph 1 – point 3 a (new)
3a. 3a. the extent to which the procurement stimulates the expansion of the EDTIB to more Member States, the modernization of Member States military capabilities, and the uptake of cutting- edge technologies and equipment;
Amendment 295 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4 a (new)
Article 10 – paragraph 1 – point 4 a (new)
4a. whether the participants include Member States on the Eastern Flank, Ukraine, or the Republic of Moldova;
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
6. catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement and contribute to the goal of moving towards a European Defence Union;
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7a. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process.
Amendment 298 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7a. The articulation of the action in the framework of the European Defence Fund.
Amendment 307 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The work programme shall set out the minimum financial size of the joint procurement actions and determine the indicative amount of financial support for actions carried out by the minimum number of Member States as referred to in point c) of Article 7 paragraph 1 as well as incentives for procurement of higher value and inclusion of additional Member States or associated countries or countries referred to in Article 5, subparagraph 2.
Amendment 310 #
Proposal for a regulation
Article 11 – paragraph 4 – point 1 (new)
Article 11 – paragraph 4 – point 1 (new)
(1) The Commission, assisted by the European Defence Agency, shall endeavour to identify those 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 313 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Application of the rules on classified and sensitive information 1. Within the scope of this Regulation : (a) each Member State shall ensure that it offers a degree of protection of EU classified information equivalent to that provided by the security rules of the Council set out in Council Decision 2013/488/EU (28); (b) the Commission shall protect classified information in accordance with the security rules set out in Decision (EU, Euratom) 2015/444; 2. The use and disclosure of sensitive information should be governed by relevant Union and national law and subjected to authorizition of the Member States.
Amendment 330 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Application of the rules on classified information 1. Member States and associated countries participating in a common procurement shall determine among themselves the arrangements applicable to the protection of classified information for the purposes of the common procurement, in accordance with national laws and regulations. 2. The Commission shall protect EU classified information received in relation to the Instrument in accordance with the security rules set out in Decision (EU, Euratom) 2015/444. 3. The Commission shall set up a secured exchange system in order to facilitate the exchange of sensitive and classified information between the Commission and the Member States and associated countries and, where appropriate, with the applicants and the recipients. That system shall take into account the Member States’ national security regulations.