20 Amendments of Martin HOJSÍK related to 2022/0219(COD)
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 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 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 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 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 135 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) As specific safeguards are provided for the purpose of the appreciation of the control or the restriction of a product by a non- associated third country or a non- associated third country entity, compliance with the foreign direct investments screening mechanism established by Regulation (EU) 2019/452 is insufficient to derogate from the principle of non-control of use.
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 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 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 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 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 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 250 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, aA 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 not participate as contractor and subcontractor involved in the common procurement ounly ifess, and by way of derogation from paragraph 4, it provides guarantees approved by the Member State or associated third country in which the contractor is established.
Amendment 270 #
9. Common procurement procedures and contracts shall also include a requirement forspecifying that the defence product to cannot be subject to a restriction by a non- associated third country or a non- associated third country entity.
Amendment 276 #
Proposal for a regulation
Article 8 – paragraph 10 – introductory part
Article 8 – paragraph 10 – introductory part
10. For the purposes of this Article, ‘subcontractors involved in the common procurement’ means allny of the following:
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 10 % of the work share is allocated or owning the intellectual property of essential components of the system;
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 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.