14 Amendments of Bendt BENDTSEN related to 2017/0125(COD)
Amendment 57 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, thereby contributing to EU strategic autonomy through the development of joint capabilities and strategic partnerships, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry. By supporting the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 TFEU and it does not cover the production of defence products and technologies.
Amendment 86 #
Proposal for a regulation
Recital 7
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 basis, Member States identify and consolidate militarysecurity and defence 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.
Amendment 123 #
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry by promoting the development of joint capabilities and strategic partnerships with third countries in Europe, only entities established in the Union and effectively controlled by Member States or their nationals, through control mechanisms put in place by the Member State concerned, and which are not effectively controlled to a decisive extent by a third country 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.
Amendment 133 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of the actions funded under the Programme, the beneficiaries and their subcontractors should not be subject to control by non- EU States or by non-EU entities. The control should be defined as the ability to exercise a decisive influence on an undertaking. In order to determine the control of an undertaking, it is necessary to establish where and how strategic commercial decisions are taken. This requires an analysis of the governance of the undertaking, which should be carried out on the basis of an overview of how it operates, including its commercial relations and principle markets, and the control mechanisms that the concerned Member States has in place. Other aspects which are likely to influence decision- making on strategic economic issues, such as composition of the board and executive management, shareholder rights, financial ties and commercial cooperation between the undertaking and any shareholders in third countries, should also be examined.
Amendment 154 #
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, and serving the Union security and defence interest, and which do not prevent any Member State from participating, may also be taken into account.
Amendment 171 #
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, the Commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually by the beneficiaries. Furthermore, the results of actions funded under the Programme should not be subject to any restriction by a third country or a non-EU entity.
Amendment 204 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation report at the end of the Programme, examining the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross border participation of SMEs and strategic partners in projects under the Programme as well as their participation of SMEand contributions to the global value chain.
Amendment 209 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and innovation capacity of the Union defence industry by supporting actionsand to enhance capabilities and the Union's strategic autonomy and its ability to act with partners, by supporting actions carried out in the Union in their development phase;
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to support and leverage the cooperation between undertakings, including small and medium-sized enterprises, and between undertakings and strategic non-EU partners, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 265 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Programme shall provide support for actions by beneficiaries in the development phase covering both new and the upgrade of existing products and technologies, in relation to developed in the Union by Member States and, where appropriate, in cooperation with strategic partners. An eligible action may relate to one or more of the following items:
Amendment 279 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other. IPR generated in relation to the action shall be retained by the Union.
Amendment 293 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. An action undertaken by entities established in more than two different Member States shall benefit from an increase in the funding rate of five percentage points.
Amendment 315 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it and a principal supplier to a Member State. They shall be effectively controlled by a Member State within the meaning of Article 6(3), either as owner of the undertaking, whether directly or indirectly through one or more intermediate undertakings, or through a state licensing mechanism which regulates, inter alia, the transfer of technology. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action. The use of such infrastructure, facilities, assets and resources shall not be subject to any control or restriction by a third country.
Amendment 331 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. In the event of a change in the effective control of the undertaking within the meaning of Article 6(3), the undertaking shall inform the Commission and the Member State in which it is located. The Commission may advice Member States in their decision of the necessary protection measures which may be applied.