31 Amendments of Karen MELCHIOR related to 2022/0219(COD)
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 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 101 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This instrument should be used as a jumpstart to replace old soviet-era military equipment and to stimulate investment in cutting edge technology in defence through support for joint R&D.
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 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 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 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 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 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 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 193 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point ii (new)
Article 3 – paragraph 1 – point b – point ii (new)
ii) to reduce dependencies on non- democratic countries for critical defence technologies and components.
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 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 211 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1 (new)
Article 4 – paragraph 1 – indent 1 (new)
Amendment 218 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 227 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. 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 2022 and have not been completed 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 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 257 #
Proposal for a regulation
Article 8 – paragraph 7 – point a
Article 8 – paragraph 7 – point a
(a) control over the contractor or subcontractor involved in the common procurement is not exercised in a manner that restrains or restricts its ability to carry out the order and to deliver results in accordance with the terms of the procurement contract and;
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 299 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
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.