12 Amendments of François-Xavier BELLAMY 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 63 #
(5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing, to strengthen EU defence industrial capabilities. It is critical for the security of Europe to rely on a strong and autonomous European defence industry pillar.
Amendment 69 #
Proposal for a regulation
Recital 6
Recital 6
(6) Reinforcing the European Defence Technological and Industrial Base shouldmust 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. However, the equipment needs of the European armed forces in the short term can be efficiently met by the know-how and skills of the EDTIB. The Short Term Instrument allows the ramp-up of the quantities produced, and mobilises the strong potential of European companies through the support of joint procurements.
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 96 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Short Term Instrument should offset the complexity and risks associated with such joint actions while allowing economies of scale in the actions undertaken by Member States to reinforce and modernise the European Technological and Industrial Base, increasing thereby the Union’s capacity resilience and security of supply. In that context, the content of the defence product originating from the EU, for all its components, shall represent at least 80% of the value of the defence product commonly procured. Incentivizing common procurement would also result into diminished costs in terms of exploitation, maintenance and withdrawal of the systems.
Amendment 132 #
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 with unrestricted ability for Member States to use, maintain, modernize and transfer it.
Amendment 145 #
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, as well as replacement of stockpiles of Soviet-era legacy defence systems with European solutions, developed under an EU design authority and with unrestricted ability for Member States to use, maintain and modernize them, 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.
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 196 #
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. This can be achieved with unrestricted ability for Member States to use, maintain, modernise and transfer the defence products. The content of the defence products originating from the European Union, for all its components, shall represent at least 80% of the value of the defence products commonly procured. 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 311 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In order to increase the strategic autonomy of the European Union, Member States will identify and provide the Commission with the list of non- European origin components for which no alternative exists in the European Union, and take appropriate measures to ensure their development in the Union, including through research and development, and in particular, through the European Defence Fund.
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.