17 Amendments of Olle LUDVIGSSON related to 2018/0254(COD)
Amendment 134 #
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non-associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non-associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. The participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action.
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The Fund shall be open to the European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement or equivalent agreements or arrangements.
Amendment 222 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall award funding for support to, but not limited to, disruptive technologies for defence through open and public consultations on the areas of intervention defined in the work programmes.
Amendment 267 #
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 in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity mayshall be eligible for funding if this is necessary for achieving the objectives of the action 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 ofprovided that guarantees approved by the Member State in which it is established in accordance with its national procedure are made available to the Commission. Those guarantees may refer to the undertaking’s executive managements structure established in the Union. If deemed appropriate by the Member State in which the undertaking is established, those guarantees may also refer to specific governmental rights in the control over the undertaking. The guarantees shall provide assurances that the involvement in an action of such an undertaking would not contravene the security and defence interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notably as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the TEU, or the objectives set out in Article 3. The guarantees shall in particular substantiate that, for the purpose of the action, measures are in place to ensure that:
Amendment 279 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the control over the applicant will is not be exercised in a manner that restricts in any way its ability to perform and complete the action;
Amendment 281 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the access by non-associated third countries or by non-associated third country entities to classified and non- classified sensitive information relating to the action will beis prevented; and the persons involved in the action will have national security clearance issued by a Member State or associated country, where appropriate;
Amendment 287 #
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. 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 293 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3 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 achievshould no competitive substitutes are readily available ing the objectives of an action andUnion provided that this will not put at risk the security of the Union and its Member States. Under the same conditionsFurthermore, when performing an eligible action, beneficiaries and their subcontractors may cooperate with an entity established in a non- associated third country. Such cooperation shall be consistent with the objectives set out in Article 3. 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 297 #
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 shallmay specify further conditions. 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 298 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 299 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Applications which require the verifications under paragraph 2 or paragraph 4 may only be submitted with the agreementgranted funds with the approval or verification of the Member State or associated country in which the applicant is established.
Amendment 300 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the event of a change during the implementation of an action which might question the fulfilment of those criteria and conditions, the beneficiary shall inform the Commission, which shall assessk the Member state, where the beneficiary is established, to verify whether those criteria and conditions are still met and address the potential impact on the funding of the action.
Amendment 383 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 392 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, the Commission shall set the requisite eligibility conditions applicable to the procurement or prizes financed by the Fund. Particular regard shall be had, for that purpose, to the need for recipients to be established in the Union or in associated countries, to commit to carry out any relevant activities inside the Union and not to be effectively controlled by non-associated third countries or non-associated third country' entities. Those conditions shall be included in the documents relating to the procurement or prize, as applicable, and shall apply to the full life cycle of the resulting contract.
Amendment 406 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. Specific provisions regarding ownership, access rights and licensing shall be laid down in the grant agreements and contracts regarding pre-commercial procurement to ensure maximum uptake of the results and to avoid any unfair advantage. The contracting authorities shall enjoy at least royalty-free access rights to the results for their own use and the right to grant, or require the recipients to grant, non-exclusive licences to third parties to exploit the results under fair and reasonable conditions without any right to sub-license, upon their explicit request. All Member States and associated countries shall have royalty-free access to the special report, upon their explicit request. If a contractor fails to commercially exploit the results within a given period after the pre- commercial procurement as identified in the contract, it shall transfer any ownership of the results to the contracting authorities.
Amendment 409 #
Proposal for a regulation
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) at least two Member States and/or associated countries intend to procure the final product or use the technology in a coordinated way, this may includinge joint procurement;
Amendment 411 #
(b) the action is based on commonharmonised technical specifications jointly agreed by the Member States and/or associated countries which co-finance the action.