Activities of Ana GOMES related to 2015/2037(INI)
Reports (1)
REPORT on the impact of developments in European defence markets on the security and defence capabilities in Europe PDF (200 KB) DOC (121 KB)
Amendments (17)
Amendment 13 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the 'Defence Package' launched by the European Commission aims to support the competitiveness of the European defence sector and one of its goals is to limit the problems due to the fragmentation of the European defence market, some protectionist attitudes in the award of defence contracts and the lack of coordination between different Member States control on regimes transfers of defence-related products;
Amendment 27 #
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to step up its efforts to achieve a level playing field in European defence markets, limiting the use of justified exclusions to a strict minimum; calls on the Commission to inform the Parliament of effects of the already published seven Guidance Notes (Field of Applications, Exclusions, R&D, Security of Supply, Security of Information, Subcontracting, Offsets) and notes that it plans to release two more in 2015; believes that these notes thus constitute the perfect opportunity for the Commission to establish a dialogue with Member States on subjects that have never been addressed in a structured and open manner and requests information on the outcome of such dialogue with Member States;
Amendment 28 #
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to step up its efforts to achieve a level playing field in European defence markets, limiting the use of justified exclusions to a strict minimum; is of the view that in its current wording and state practice, Article 346 of the TFEU still offers Member States a large room of discretion for resorting to its application and thereby derogate from applying EU defence procurement laws in defence contracts; calls, therefore, on Member States to effectively and correctly apply Article 346 of the TFEU in a manner that is consistent with the requirements set forth by EU rules, the Internal Market Directives and defence procurement rules; reminds that, according to settled case-law of the CJEU, measures under Article 346 should be limited to exceptional and clearly defined cases, and must not go beyond the limits of such cases; warns that incorrectly resorting to the derogation from Single Market rules actively impairs EU competition, curtails transparency, facilitates corruption and thus damages the establishment of a EU defence market, is detrimental to a functioning EDTIB and the development of credible military capabilities;
Amendment 31 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that the major defence equipment contracts are still made under Article 346, outside the scope of EU procurement laws; given the lack of visible monitoring on the part of the Commission on the use of Article 346 by Member States, invites the Commission to study ways where this could become a practice by designing a system whereby Member States must, as a matter of obligation, provide the Commission with a written justification to invoke Article 346 1, a) and b), which could, in turn, prevent the continuation of the opaque practices of the past in the field of defence procurement;
Amendment 35 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the full phase-out of offsets is indispensable for ensurAs Directives 2009/81/EC and 2009/43/EC do not explicitly address offsets, calls on the Commission to propose binding legislation clarifying the procedures and admissibility of the use of offsets by Member States ing the smooth functioning offramework of Article 346 1 b), so as to prevent discriminatory and opaque practices, which distort the Sinternal markegle Market; calls on Member States to rely on EDA's Code of Conduct ion the European defence sectorOffsets to phase out the use of offsets and carefully comply with the Commission's Guidance Note on Offsets;
Amendment 37 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is worried, therefore, by the slow-paced and inconsistent implementation by the Member States of the 2009 Defence Package directives and highlights the importance of the monitoring role that the Commission should exercise; recognises that the introduction of new legislation is a lengthy process, but warns that incorrect and diffuse application risks generating bad standards of practice, in so doing jeopardising the accomplishment of the objectives set forth in the directives and, thus, compromising the establishment of the European market for defence equipment and weakening the development of an EDTIB; underlines that the Defence Package should also contribute to incentivise defence cooperation in Europe and encourages the Commission and EDA to closely cooperate in that regard;
Amendment 37 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the full phase-out of offsets, unless duly justified on the basis of article 346. of the Treaty, is indispensable for ensuring the smooth functioning of the internal market in the European defence sector;
Amendment 47 #
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the uptake by industry of the main instruments of the Defence Transfer Directive, specifically general licences and the certification of defence firms, remains very limited; urges the Commission and the Member States to ensure the effective use of these instruments in practice; and, therefore, welcomes the initiative of the Commission to establish a Working Group with Member States on the harmonisation of the intra-EU transfers directive;
Amendment 57 #
Draft opinion
Paragraph 10
Paragraph 10
10. Notes thatInvites the Commission has yet to publishto consider publishing as soon as possible its Green Paper on the control of assets, initially scheduled for the end of 2014, in accordance with its 2014 Roadmap;
Amendment 59 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the European Council to draw the necessary lessons and take concrete measures towards overcoming the defragmentation of the European defence market in order to guarantee the availability of the defence capabilities needed to ensure European security and fulfil the objectives of the CSDP;
Amendment 75 #
Draft opinion
Paragraph 14
Paragraph 14
14. Draws attention to the new ‘innovation partnership’ procedure and calls for it to be introduced in defence procurement, allowing contracting authorities to establish this procedure for the development and subsequent purchase of new, innovative products, services or works, providing the necessary market incentives and supporting the development of an innovative solutions without foreclosing the market.
Amendment 77 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the need for greater convergence between national defence planning processes and welcomes, in this context, the adoption by the Council of the Policy Framework for Systematic and Long-Term Defence Cooperation; finds regrettable, however, its non-binding nature and the fact that it has not introduced a clear and structured process; underlines that this document should be welcomed by the European Council in order to become a key driver; encourages Member States to request the support of the European Defence Agency in their national defence reviews and to share information on national investment plans and priorities inside the EU Military Committee;
Amendment 82 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. DemandSuggests that cooperation and the pooling and sharing of initiatives be given priority and that incentives – in particular non-market distorting tax incentives – be created to this end; notes the decision of Belgium to grant VAT exemption to EDA's ad hoc projects and considers that this exemption should be generalised to all EDA's collaborative activities; welcomes the work of the European Defence Agency (EDA) on a pooled procurement mechanism and expects it to contain measures to incentivise the cooperative acquisition of and support for defence equipment;
Amendment 108 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Commission communication on the review of export control policy of dual-use items and highlights the importance of upgraded strategic export controls for the EU's security and for a competitive, innovative and broad-based EDTIB in the context of the blurring line between civilian and military technology and industrial bases; stresses, in this context, the necessity to ensure control modalities that do not hinder the free flow of goods and technology within the internal market and prevent diverging interpretations of EU rules;
Amendment 118 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is of the view that the current budgetary constraints in EU Member States should represent an opportunity for more and better cooperation in the field of defence equipment acquisitions, to ensure better value for taxpayers' money and ensure adequate military capabilities across the EU and a sustainable security of supply system; calls on the Commission to set up a reporting mechanism designed to compile all Member States' defence budget options, commitments and allocations, to the furthest possible extent, to better identify existing gaps, redundancies and areas of inconsistency with CFSP/CSDP goals and objectives; considers that Member States face a choice between cooperating effectively to face common challenges or loosing strategic capabilities and not defending national and European citizens and interests;
Amendment 123 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the SoS regime should comprise an effective EU-wide monitoring system in order to identify existing and potential vulnerabilities in terms of foreign control of strategic assets and supply from third countries, as much as they undermine EU strategic defence interests; urges the Commission to map existing structures and strategic capabilities in the possession of the Member States, with a view to assessing its role in ensuring the security of the EU and that of its neighbourhood and beyond, within the framework of the Common Foreign and Security Policy (CFSP) and the CSDP, including as regards the maritime, space and cyber dimensions thereof;
Amendment 129 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers mutual assurances of SoS between the Member States to be a fundamental element in the construction of an integrated European defence market; welcomes the EDA’s updated framework arrangement on SoS as an instrument which strengthens mutual confidence, but notes that it does not create any legal obligations; takes the view that the EU- wide SoS regime needs to be based on the implementation of existing legislation, and in particular on the full implementation of the directive on intra- EU transfers in order to remove barriers to the movement of defence products inside the EU;