32 Amendments of Pilar DEL CASTILLO VERA related to 2018/0254(COD)
Amendment 113 #
Proposal for a regulation
Recital 3
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Fund should be established. The Fund should aim at enhancing the competitiveness, innovation, efficiency and technological and industrial autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. To achieve more innovative solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps).
Amendment 183 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Fund is to foster the competitiveness, efficiency and innovation capacity of the European defence industry, by supporting collaborative actions and cross-border cooperation between legal entities throughout the Union, including SMEs and mid-caps as well as fostering the better exploitation of the industrial potential of innovation, research and technological development, at each stage of the industrial life cycle, thus contributing to the Union strategic autonomy. The Fund should alsoall contribute to the freedom of action of the Union and its autonomy, in particular in technological and industrial terms.
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Up toAt least 5 % of the financial envelope referred to in paragraph 1 shall be devoted to support disruptive technologies for defence.
Amendment 216 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment. Ethics screenings and assessments shall be carried out by the Commission with the support of experts on defence ethics. All experts shall be required to be validated by the Member States that has issued their security clearance. The appropriate security clearance shall be required before appointment. The Commission shall ensure the transparency of the ethics procedures as much as possible.
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 245 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Actions which are not ethically acceptable may be rejected or terminated at any timshall not be eligible.
Amendment 255 #
Proposal for a regulation
Title 1 – chapter 3 – title
Title 1 – chapter 3 – title
ELIGIBILITY AND GRANTS
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors involved in the action shall be eligible for funding provided that they are established in the Union or in an associated country, have their executive management structures in the Union or in an associated country and are not controlled by a non- associated third country or by a non- associated third country entity.
Amendment 269 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established and having its executive management structure in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the actionprogramme and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notablycommit to implement measures before the beginning of the action ensuring that:
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non- associated third countries or other non- associated third country entities during the action and for a specified perioand cannot be exported or given access outside the Union without the approval of the Member State in which the undertaking is established in, during the action and after its completion;
Amendment 288 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries and shall not be subject to any control or restriction by a non-associated third country or by a non-associated third country entity. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall cooperate only with legal entities established in the Union or in an associated country and not controlled by non-associated third countries or non- associated third country entities.
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3, if there are no competitive substitutes readily available in the Union, beneficiaries and subcontractors involved in the action may use their assets, infrastructure, facilities and resources located or held on the territory of a non- associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at riskcontravene the security and defence interests of the Union and its Member States and the objectives of the programme. Under the same conditions, when performing an eligible action, beneficiaries and their subcontractors may cooperate with an entity established in a non- associated third country. The costs related to the use of such infrastructure, facilities, assets or resources and to such cooperation shall not be eligible under the Fund.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals or grant agreement shall specify further conditions, in addition to those mentioned in Article 10. These conditions shall relate, in particular to the provisions on ownership of results of the action and access to classified and non-classified sensitive information and to guarantees on security of supply.
Amendment 309 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) studies, such as feasibility studies to explore the feasibility of a new or improved technology, product, process, service, solution or statistics on the defence industry and projects to pilot the collection of data;
Amendment 321 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other. If the cooperation includes at least one legal entity from an associated country, at least two legal entities from two different Member States shall participate.
Amendment 350 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) contribution to the industrial and technological autonomy of the Union by enhancing defence technologies or products in line with defence capability priorities agreed by Member States within the framework of the Common Foreign and Security Policy;
Amendment 352 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) contribution to the security and defence interests of the Union in line with the priorities referred to in Article 3 paragraph 2 and, where appropriate, regional and international cooperative agreements;
Amendment 356 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) contribution to the creation of new cross-border cooperation between legal entities, in particular for SMEs which are established in Member States and/or associated countries other than those where the entities in the consortium which are not SMEs are established;
Amendment 365 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 370 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. FThe funding rate for development actions the funding rateenhancing Member State and cross-border cooperation shall be increased in the following cases:
Amendment 378 #
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) the overall increase in the funding rate of an action shall not exceed 305 percentage points.
Amendment 382 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs, exincluding direct eligible costs for subcontracting, but excluding financial support to third parties and any unit costs or lump sums which include indirect costs.
Amendment 385 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriatAs an alternative, indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary's usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission.
Amendment 393 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 396 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The results of the actions shall be owned by the beneficiaries generating them. Where legal entities jointly generate results, and where their respective contribution cannot be ascertained, or where it is not possible to separate such joint results, the legal entities shall have joint ownership of the results. The joint owners will establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 400 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If justified the grant agreement may require that tThe results of actions receiving support from the Fund shall not be subject to any control or restriction, directly or indirectly through one or more intermediate legal entities, including in terms of technology transfer by a non- associated third country or by a non- associated third country entity.
Amendment 404 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 405 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. Any two or more Member States or associated countries that, multilaterally or within the frame of an EU organisation, jointly have concluded one or several contracts with one or more participants to further develop together results obtained within the frame of a specific action that has received funding under a grant agreement for a research action on defence, shall enjoy access rights to the results of the action that are owned by such participant(s) and are necessary for the execution of the contract(s). Such access rights shall be granted on a royalty-free basis and under specific conditions aimed at ensuring that those rights will be used only for the purpose of the contract(s) and that appropriate confidentiality obligations will be in place
Amendment 413 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the level of cooperation between Members States in the eligible actionquality of the industrial set-up and governance of programme management.
Amendment 415 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The results of the actions shall be owned by the beneficiaries generating them. Where legal entities jointly generate results, and where their respective contribution cannot be ascertained, or where it is not possible to separate such joint results, the legal entities shall have joint ownership of the results. The joint owners will establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 452 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The Commission shall implement information and communication actions relating to the Fund, and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3, and may be used for projects on statistics on the defence industry and projects to pilot the collection of data.