Activities of Ilan DE BASSO related to 2022/0039(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Union Secure Connectivity Programme for the period 2023-2027
Amendments (22)
Amendment 31 #
Proposal for a regulation
Recital 25
Recital 25
(25) This Regulation lays down a financial envelope, which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources22 , for the European Parliament and the Council during the annual budgetary procedure. The Secure Connectivity programme is a new initiative and should not undermine the implementation of other Union programmes and the achievement of their objectives. _________________ 22 OJ L 433 I, 22.12.2020, p. 28.
Amendment 33 #
Proposal for a regulation
Recital 27
Recital 27
(27) The Horizon Europe Programme will allocate a dedicated share of its Cluster 4 components to R&I activities related to development and validation of the secure connectivity system, including for the potential technologies that would be developed under New Space. The Neighbourhood, Development and International Cooperation Instrument (NDICI) will allocate a dedicated share of its Global Europe funds for activities related to the operation of the system and the worldwide provision of services that will allow to offer an array of services to international partners. The Union Space Programme will allocate a dedicated share of its GOVSATCOM component for the activities related to the development of the GOVSATCOM Hub which will form part of the ground infrastructure of the Secure Connectivity system. The funding stemming from these programmes should be implemented in accordance with the rules of these programmes. Since those rules may differ significantly from the rules under this Regulation, the need to achieve effectively the intended policy objectives should be taken into account when deciding to finance actions from both the allocated funds from Horizon Europe and NDICI and from the Union Secure Connectivity Programme.
Amendment 35 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The programme will be funded partly by contributions from the Member states and the private sector, in addition to the Union budget. The successful implementation of the programme depends on sufficient such contributions. Member States’ contributions should be made in accordance with their needs and demand for services made available through the programme.
Amendment 38 #
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28 b) To maximise the efficiency of the financial resources and promote synergies between national initiatives and Union programmes, Member States should ensure complementarity of their recovery and resilience plans with the Programme.
Amendment 39 #
Proposal for a regulation
Recital 33
Recital 33
(33) Procurement contracts concluded under the Programme for activities financed by the Programme should comply with Union rules and the specific principles outlined in Article 17 of this Regulation. In that context, the Union should also be responsible for defining the objectives to be pursued as regards public procurement. The Union should promote wide geographic participation among economic actors in all Member States in procurement procedures. The contracting agency should favour technical solutions that are feasible in the long term.
Amendment 41 #
Proposal for a regulation
Recital 39
Recital 39
(39) The implementation model could take the form of a concession contract or other contractual arrangements, in line with Union rules. Regardless of the implementation model, several key principles complementing the rules included in the Financial Regulation and specific to this programme should be put in place. The contract should establish a clear distribution of tasks and responsibilities between the public and private partners. Thus, it should avoid any overcompensation of the private partner for the provision of governmental services, allow the provision of commercial services to be established by the private sector and ensure an appropriate prioritisation of governmental user needs. The Commission should be able to assess and approve such services to ensure that the Union’s essential interests and Programme’s objectives are preserved and adequate safeguards are put in place to prevent potential distortions of competition stemming from the provision of commercial services; such safeguards could include separation of accounts between governmental and commercial services, open, fair and non-discriminatory access to infrastructure necessary for the provision of commercial services. The public-private partnership should foster the participation of start-ups and SMEs along the whole value chain of the concession and across Member States, hereby incentivising the development of innovative and disruptive technologies
Amendment 42 #
Proposal for a regulation
Recital 41
Recital 41
(41) Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They are therefore able to make a major contribution to the Programme, especially in its implementation. They mightshould, to the extent of their available resources, cooperate with the Union to promote the Programme’s services and applications and ensure coherence between the relevant national initiatives and the Programme. The Commission mightshould be able to mobilise the means at Member States’ disposal, benefit from their assistance and, subject to mutually agreed conditions, entrust the Member States with non- regulatory tasks in the implementation of the Programme. Moreover, the Member States concerned should take all necessary measures to ensure the protection of the ground infrastructure established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and protected at the adequate level to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council35 . _________________ 35 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 43 #
Proposal for a regulation
Recital 42
Recital 42
(42) In accordance with Article 17 of the Treaty on European Union (‘TEU’) and as a promoter of the Union’s general interest, it is the Commission’s responsibility to implement the Programme, assume overall responsibility and promote its use. In order to optimise the resources and competences of the various stakeholders, the Commission should be able to entrust certain tasks to other entities under justifiable circumstances. Having the overall responsibility for the Programme, the Commission should determine the main technical and operational requirements necessary to implement systems and services evolution. It should do so after having consulted Member States’ experts, users and other relevant stakeholders. Finally, in accordance with Article 4(3) TFEU, the exercise of competence by the Union does not result in Member States being prevented from exercising their competences. However, to make good use of the Union funds, it is appropriate that the Commission ensures, as far as possible, the coherence of activities performed in the context of the Programme, with those of the Member States, including those funded under their recovery and resilience plans.
Amendment 44 #
Proposal for a regulation
Recital 45
Recital 45
(45) In order to ensure the operation of the governmental infrastructure and facilitate the provision of the governmental services, the Agency should be allowed to entrust, by means of contribution agreements, specific activities to other entities, in areas of their respective competence, under the conditions of indirect management applying to the Commission and set out in the Financial Regulation.
Amendment 46 #
Proposal for a regulation
Recital 64
Recital 64
(64) In principle, the governmental services should be provided free of charge to users of the governmental services. If, after analysiHowever, supply of those services could become limited. If, after thorough analysis and consultation with relevant stakeholders, the Commission concludes that there is a shortage of capacities, it should be permitted to develop a pricing policy as part of those detailed rules on the service provision in order to avoid a distortion of the market. The Commission should be conferred with implementing powers to adopt such pricing policy. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 49 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) establish criteria for the award of the contracts referred to in Article 15 ensuring the participation of start-ups and small and medium-sized enterprises (SMEs) from across the UnMember States and their regions, and along the whole relevant value chain;
Amendment 50 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) require that the contractor referred to in Article 15(2) provides a plan on the integration of start-ups and SMEs from across the UnMember States and their regions in the activities under the contracts referred to in Article 15;
Amendment 51 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The provision of commercial services shall be financed by the contractor referred to in Article 15(2). The terms and conditions for the provision of commercial services shall be determined in the contracts referred to in Article 15. They shall in particular specify how the Commission willis to assess and approve the provision of commercial services to ensure that the Union’s essential interests and the Programme’s general and specific objectives referred to in Article 3 are preserved. They shall also include adequate safeguards to prevent distortions of competition in the provision of commercial services, to avoid any conflict of interest, undue discrimination and any other hidden indirect advantages to the contractor referred to in Article 15(2). Such safeguards may include the obligation of accounting separation between the provision of governmental services and the provision of commercial services, including the setting up of a structurally and legally separate entity from the vertically integrated operator for the provision of governmental services, and the provision of open, fair and non- discriminatory access to infrastructure necessary for the provision of commercial services.
Amendment 53 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
By way of derogation from paragraph 3, the Commission may, in duly justified cases and, on an exceptional basis and after thorough analysis and consultations with relevant stakeholders, determine, by means of implementing acts, a pricing policy.
Amendment 55 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Programme shall be complemented by funding implemented under the Horizon Europe Programme, the Union Space Programme and the Neighbourhood, Development and International Cooperation Instrument (NDICI) for a maximum indicative amount of EUR 0,430 billion, EUR 0,220 billion and EUR 0,15220 billion respectively. This funding shall be implemented in accordance with Regulation (EU) No 2021/695, Regulation (EU) No 2021/696 and Regulation (EU) No. 2021/947 respectively.
Amendment 59 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) to ensure effective competition in the tendering process, while taking into account the objectives of technological independence and, continuity of services and long-term technological feasibility;
Amendment 60 #
Proposal for a regulation
Article 17 – paragraph 2 – point h
Article 17 – paragraph 2 – point h
(h) to satisfy environmental and social sustainability criteria;
Amendment 63 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Monitoring and Evaluation
Amendment 64 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Commission shall carry out continuous monitoring and periodic evaluations of the Programme in a timely manner to feed into the decision-making process and ensure the highest impact, as well as the most effective and efficient use of resources .
Amendment 65 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – introductory part
Article 39 – paragraph 2 – subparagraph 1 – introductory part
By [DATE 32 YEARS AFTER THE ENTRY INTO FORCE], and every four years thereafter, the Commission shall evaluate the implementation of the Programme. The evaluation shall take into account the views of relevant stakeholders, at both Union and national levels. It shall assess:
Amendment 68 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
Article 39 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) the effectiveness, efficiency, relevance, coherence, and Union added value of the Programme’s activities;
Amendment 69 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1 – point b b (new)
Article 39 – paragraph 2 – subparagraph 1 – point b b (new)
(b b) the synergy and complementarity of the Programme with relevant Union, national and, where relevant, regional initiatives.