24 Amendments of Dominique RIQUET related to 2017/0125(COD)
Amendment 56 #
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, 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, as, beyond the results in the defence sector, positive effects can also be expected in the civilian sector. 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 68 #
Proposal for a regulation
Recital 3
Recital 3
(3) To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies, thereby promoting the standardisation of military systems while improving their interoperability.
Amendment 79 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Programme should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council6. Funding may take in particular the form of grants. Financial instruments or public procurement may be used where appropriate, and blending mechanisms could be of interest, in which case it would be appropriate to consider adapting the Statute of the European Investment Bank (EIB). __________________ 6 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Amendment 83 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission may entrust part of the implementation of the programme to entities referred to in Article 58(1) (c) of Regulation (EU, Euratom) N°966/2012. In view of its expertise, the Commission may entrust the European Defence Agency with such a role.
Amendment 98 #
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support 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 upgradeupgrading the interoperability of existing defence products and technologies.
Amendment 127 #
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry and consolidating the Union’s strategic and technological defence autonomy, only entities established in the Union and more than 50%-owned or 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.
Amendment 134 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to assess effective European control of an undertaking it is necessary to assess fairly whether Member States or their nationals have a decisive influence over the management of the undertaking concerned. It is important to determine where and how strategic commercial decisions are taken. This requires an analysis of the governance of the undertaking with regard to its overall functioning. Other aspects which are likely to influence decision-making on strategic issues, such as shareholder rights, financial ties and commercial cooperation between the undertaking and any shareholders in third countries, should also be examined.
Amendment 150 #
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. The European Council of 19 and 20 December 2013 stressed the importance of delivering key capabilities and addressing critical shortfalls through tangible projects in areas such as remotely-piloted aircraft, air-to-air refuelling, satellite telecommunications and cyberspace. In addition, in its Communication of 30 November 2016 entitled ‘European Defence Action Plan’, the Commission emphasised the need to maximise civil/military synergies, including in areas such as space policy, cyber security, cyber defence and maritime security. 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 initiativ, such as that to which 23 Member States, such as in the NATO context, and serving the Union security and defence interest, may also be taken into accountigned up on 13 November 2017.
Amendment 174 #
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 CommissUnion 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.
Amendment 177 #
Proposal for a regulation
Recital 21
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)power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect to the adoption of a multiannual work programme in line with the objectives of the Programme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In light of the Union policy on Small and Medium- sized Enterprises (SMEs) and mid- capitalisation companies (mid-caps) 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 such cross-border participation of SMEs and mid-caps and that therefore a proportion of the overall budget will benefit such action.
Amendment 206 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) In the context of the negotiations on the multiannual financial framework of the European Union post-2020, a stable framework should be provided for such actions, including through the establishment of a separate budget line and tailored implementing measures.
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) to promote the standardisation of military systems and their interoperability, allowing the Member States to benefit from substantial economies of scale;
Amendment 245 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Union's financial assistance may be provided through the types of financing envisaged by Regulation (EU, Euratom) No 966/2012, in particular grants, public procurement and, in particular:appropriate cases, financial instruments, including through blending mechanism.
Amendment 250 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 251 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 254 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 299 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
The Commission must therefore assess fairly whether Member States or their nationals have a decisive influence over the management of the undertaking concerned. It is important to determine where and how strategic commercial decisions are taken. This requires an analysis of the governance of the undertaking with regard to its overall functioning. Other aspects which are likely to influence decision-making on strategic issues, such as shareholder rights, financial ties and commercial cooperation between the undertaking and any shareholders in third countries, should also be examined.
Amendment 301 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When it relates to actions defined under points (b) to (f) of the first paragraph, the action must be based on common technical specifications, thereby strengthening the standardisation and interoperability of systems.
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries and their first-tier subcontractors 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, whether directly or indirectly through one or more intermediate undertakings. Where this criterion cannot be precisely applied, beneficiary undertakings and their first- tier subcontractors must be effectively control itled, within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakingby Member States and/or Member State nationals. In addition, all infrastructure, facilities, assets and resources used by the participants, including other 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.
Amendment 361 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the excellence of the project and the technological capability of the candidate;
Amendment 409 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
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.
Amendment 411 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
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.
Amendment 416 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The CommissUnion shall not own the products or technologies resulting from the action nor shall it have any IPR claim pertaining to the action.
Amendment 422 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing delegated act, shall adopt a multiannual a work programme for the duration of the Programme. This implementing act shall be adopted in accordance with the examination procedure referred to in in Article 16(2). Thisat work programme shall be in line with the objectives set out in Article 2;.