21 Amendments of Christian EHLER related to 2017/0125(COD)

Proposal for a regulation
Recital 7

(7) In view of the specificities of the sector, in practice no collaborative project between undertakings will be launched if the Member States have not first agreed to support such projects. After having defined common defence capability priorities at Union-level and also taking into account where appropriate collaborative initiatives on a regional basisAfter having defined common defence capability priorities at Union level through the Capability Development Plan, also taking into account the Coordinated Annual Review on Defence, and with a view to fulfilling the EU's Level of Ambition as agreed by the Council in its conclusions of 14 November 2016 and endorsed by the European Council on 15 December 2016, Member States identify and consolidate military requirements and define the technical specifications of the project. They may also appoint a project manager in charge of leading the work related to the development of a collaborative project.

2017/11/24
Committee: AFET

Proposal for a regulation
Recital 10

(10) As the objective of the Programme is to support the progressive framing of a common defence policy and the competitiveness of the Union defence industry by de-risking the development phase of cooperative projects, actions related to the development of a defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.

2017/11/24
Committee: AFET

Proposal for a regulation
Recital 14

(14) Eligible actions developed in the context of Permanent Structured Cooperation in the institutional framework of the Union would ensure enhanced cooperation between undertakings in the different Member States on a continuous basis and thus directly contribute to the aims of the Programme. Such projects should thus be eligible for an increased funding rate after an appropriate authorization by the European Parliament and the Council.

2017/11/24
Committee: AFET

Christian EHLER, Michael GAHLER, Norbert LINS, Sven SCHULZE

Proposal for a regulation
Recital 13

(13) As the Programme aims at the progressive framing of a common defence policy and enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States. However, for particular cases where undertakings located in the EU are controlled by non- EU States or by non-EU entities, such undertakings can be eligible if the Member State in which they are located provides sufficient assurances that this would not contravene the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU, including in terms of strengthening the European Defence Technological and Industrial Base (EDTIB).

2017/12/05
Committee: ITRE

Proposal for a regulation
Recital 13 a (new)

(13a) The beneficiaries and their subcontractors should in principle not be subject to control by third countries or third country entities. However, for particular cases where undertakings located in the Union are controlled by a third country or a third country entity, such undertakings can be eligible if the Member State in which they are located provides sufficient assurances that this would not contravene the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the Treaty on European Union, including in terms of strengthening the European Defence Technological and Industrial Base. For the purpose of this Regulation only, a third country entity should mean a legal entity established outside the Union or having its executive management structures outside the Union or a legal entity which is under the control of a third country, a national of a third country or of another such third country entity. The control should be defined as the ability to exercise a decisive influence on an undertaking. Beneficiaries should provide before the signature of the funding agreement all relevant information about elements and infrastructure to be used in the action. Member States' concerns regarding security of supply should also be taken into account.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) in an effort to progressivly framing the common defence policy in accordance with Artile 2.4 TFEU to foster the competitiveness and innovation capacity of the Union defence industry by supporting actions in their development phase;

2017/11/24
Committee: AFET

Proposal for a regulation
Recital 21

(21) The Commission should establish a multiannual work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of Member States (hereinafter referred to as Programme Committee). In light of the Union policy on Small and Medium Enterprises (SMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans-national collaboration, it is of importance that the work programme will reflect and enable open, non-discriminatory and transparent such cross-border participation of SMEs and that therefore a ~~proportion~~t least 10% of the overall budget will benefit such action, which will allow SMEs to be included in the value chains of the envisaged projects.

2017/12/05
Committee: ITRE

Proposal for a regulation
Recital 21 a (new)

(21a) All actions under the Programme involve entities from at least two Member States. The use of a system of general transfer licenses for the purposes of the Programme would significantly reduce the administrative overhead arising from transfers among the participants. The Member States should therefore publish general transfer licenses relating to this Programme. Where necessary for the performance of the Programme, Union institutions, bodies and agencies as well as the project managers should be included in such licenses.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) To foster better exploitation of the results of defence research and contribute to ~~closing the gaps between research and development.~~ development after the research phase and thus to support the progressive framing of a European defence policy, the competitiveness of the European defence industry on the internal market and the global marketplace, including by consolidation where appropriate.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3 – point a

(a) the right to use all or part of the assets of an undertaking in the EU;

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3 – point a a (new)

(aa) the ownership or resulting know- how and IPR is retained in the EU without any control from third countries;

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3 – point a b (new)

(ab) beneficiaries of this action have to provide sufficient assurances that non-EU control may occur;

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 3 – point b

(b) rights or contracts which confer a decisive influence on the composition, voting or decisions of the bodies of an undertaking or otherwise confer a decisive influence on the running of the business of the undertaking.deleted

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. For the purposes of the actions funded under the Programme, the beneficiaries and their subcontractors shall not be subject to exclusive control by third countries or by third country entities.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. By way of derogation from article 7 paragraph [1 a new], an undertaking controlled by third countries or by third country entities shall be eligible as a beneficiary or a subcontractor if the Member State it is located in provides sufficient assurances, in accordance with its national procedures, that this would not contravene the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the Treaty on European Union.

2017/12/05
Committee: ITRE

Lieve WIERINCK, Christian EHLER, Gerben-Jan GERBRANDY, Caroline NAGTEGAAL, Dominique RIQUET

Proposal for a regulation
Article 7 – paragraph 2 b (new)

2b. If there are no competitive substitutes readily available in the Union, and if this usage would not contravene the security and defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries. When performing an eligible action, beneficiaries and their subcontractors may also cooperate with undertakings established outside the territory of Member States or exclusively controlled by third countries or third country entities if this would not contravene the security and defence interests of the Union and its Member States. The costs related to these activities shall not be eligible for funding under the Programme.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2a. Indirect eligible costs shall be determined by applying a flat rate of 25% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.

2017/12/05
Committee: ITRE

Lieve WIERINCK, Christian EHLER, Gerben-Jan GERBRANDY, Caroline NAGTEGAAL, Dominique RIQUET

Proposal for a regulation
Article 11 – paragraph 2 b (new)

2b. By way of derogation from paragraph 2a, indirect costs may be declared in the form of a lump sum or unit costs when provided for in the work programme or work plan.

2017/12/05
Committee: ITRE

Proposal for a regulation
Article 12 a (new)

Article 12a General transfer licences 1. For the purposes of this Programme, Article 5 of Directive 2009/43/EC shall apply. 2. Without prejudice to Article 12 of this Regulation, paragraph 1 of this Article shall apply to Union institutions, bodies and agencies as well as to the project managers referred to in Article 4 (4) of this Regulation by analogy.

2017/12/05
Committee: ITRE