24 Amendments of René REPASI related to 2022/0219(COD)
Amendment 14 #
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, and allow and incentivise further military assistance to Ukraine.
Amendment 15 #
Proposal for a regulation
Recital 5
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement, in particular, achieving the 35% aim of total defence equipment spending for procurement in cooperation with other Member States and, through the associated Union financing, to strengthen EU defence industrial capabilities in a cost-efficient manner that utilises economies of scale.
Amendment 24 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entitiecontractors or subcontractors 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 entitycontractors or subcontractors 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 33 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certain 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 entitycontractor or subcontractor 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 andor 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 37 #
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 controls or restrictions by a non-associated third country or a non-associated third country entity, in particular those that contravene the security and defence interests of the Union and its Member States and limit Member States’ ability to use it.
Amendment 40 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 43 #
(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.
Amendment 45 #
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)institutions, bodies and agencies or international organisations.
Amendment 53 #
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, as referred to in Article 9, implementing the objectives referred to in Article 3 paragraph 2;
Amendment 66 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries 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 and associated third countries.
Amendment 80 #
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 or subcontractor is established.
Amendment 85 #
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 substitutes are readilyrelevant infrastructure, facilities, assets and resources are available 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 93 #
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 directly or indirectly through one or more intermediary legal entities, that limits Member States’ ability to use it.
Amendment 101 #
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 all of the following:ny entity which provides critical inputs that possess unique attributes essential for the functioning of a product and is allocated at least 20% of the value of the contract.
Amendment 102 #
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
Amendment 104 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 10 – point c
Article 8 – paragraph 10 – point c
Amendment 112 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. 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 114 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) public contracting authorities or contracting entities as defined in Directives 2014/24/EU9 and 2014/25/EU10 of the European Parliament and of the Council; _________________ 9 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 10 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).f Member States recognised as such by national law;
Amendment 119 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
Amendment 132 #
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
5. the estimated sizvalue of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products;
Amendment 134 #
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 procurementthe action’s contribution to the creation of new cross-border cooperation between contractors and subcontractors and the enhancement of existing as well as the creation of new durable supply chains throughout the Union;
Amendment 141 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
the participation of SMEs, start-ups and mid-caps;
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
the impact on the defence sector R&D and the innovation capability.