16 Amendments of Andreas SCHWAB related to 2022/0219(COD)
Amendment 36 #
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-assoa use restriction by a non-associated third country or a non-associated third country entity. In urgent cases, this requirement should not apply if the procured products were in use prior to 24 February 2022 within the armed forces of at least one of the member states participating in the common procurement. Where the derogation applies, countries participated third country or a non-associated third country entitying in the common procurement should study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries and submit their findings to the Commission. The Commission should provide a non-confidential summary of all such findings in the report referred to in article 12 to help identify technological gaps in the European Defence Technological and Industrial Base .
Amendment 47 #
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) or the NATO Support and Procurement Agency (NSPA).
Amendment 52 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation between eligible entities as referred to in Article 9 for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
Amendment 61 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Third countries that are candidates for accession to the European Union may also be associated to the eligible actions under paragraph 1 of this article, provided that the Member States participating in the common procurement unanimously agree to it.
Amendment 67 #
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 countries participating Member Statesin the common procurement.
Amendment 70 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The member states participating in the agreement may unanimously authorise the procurement agent to invite and enter into an agreement with third countries that are candidates for accession to the European Union to procure additional quantities of the procured product.
Amendment 75 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or have undergone a screening within the meaning of Regulation (EU) 2019/452 and where necessary, have taken mitigation measures.
Amendment 82 #
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 verified and approved by the Member State or associated third country in which the contractor or subcontractor is established.
Amendment 83 #
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
Article 8 – paragraph 7 – introductory part
7. The guarantees shall be based on a standardised template adopted by the Commission by means of an implementing act in accordance with Article 14 by [1 month after entry into force of this regulation]. The guarantees and the template shall be part of the tender specification. The guarantees shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 91 #
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. that limits member states' ability to use the defence product. By way of derogation from the previous sentence, in urgent cases, the requirement shall not apply if the procured products were already in use prior to 24 February 2022 within the armed forces of at least one member state participating in the common procurement. Where the derogation applies, countries participating in the common procurement shall study the feasibility of replacing the components causing the restriction by restriction-free components from the Union or associated third countries, and submit their findings to the Commission. The Commission shall provide a non- confidential summary of all such findings in the report referred to in article 12.
Amendment 103 #
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
Amendment 105 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractorentities to which at least 10 % of the work sharper cent of the contract value is allocated;
Amendment 109 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 30 per cent of the value of the procured end product.
Amendment 117 #
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) procurement agents referred to in Article 2(5)
Amendment 129 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
4. the number of Member States or associated countries or third countries that are candidates for accession to the European Union participating in the common procurement;
Amendment 138 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. the participation of SMEs as contractors or subcontractors;