26 Amendments of Virginie ROZIÈRE related to 2018/0254(COD)
Amendment 47 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Fund would contribute to the establishment of a strong, competitive and innovative defence industrial and technological base and go hand in hand with the Union's initiatives towards a more integrated European Defence Market and in particular, the two Directives6 on procurement and on EU transfers in the defence sector adopted in 2009. In all cases, the requirements of Directive 2009/81/EC of the European Parliament and of the Council1a should be respected in full, including the transparency and non-discrimination principles, and exceptions should be allowed only within the strict framework of that Directive. _________________ 6 Directive 2009/43/EC of the European Parliament and of the Council, simplifying terms and conditions of transfers of defence-related products within the Community, OJ L 146, 10.6.2009, p. 1; Directive 2009/81/EC of the European Parliament and of the Council on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, OJ L 216, 20.8.2009, p. 76.
Amendment 51 #
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, environmental performance 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 54 #
Proposal for a regulation
Recital 8
Recital 8
(8) The difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross- border collaboration between Member States and between legal entities based in different Member States. The absence of such requirements, specifications and standards has led to increased fragmentation of the defence sector, technical complexity, delays and inflated costs as well as decreased interoperability. The agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness. Activities of Member States leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the Fund, in order to reinforce a more integrated internal market and efficiency in the defence industry.
Amendment 64 #
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 and demonstrate that their input could not be brought by European entities.
Amendment 67 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Fund should support industry best practice in corporate governance and procurement practices. This should include the possibility for confidential whistleblowing in accordance with European standards and with procedures in place to prevent retaliation. The award procedure should reflect these corporate governance standards with the goal of raising corporate accountability standards in the European defence sector.
Amendment 78 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to support an open internal market, participation of cross-border SMEs and mid-caps, either as members of consortia or as subcontractors, should be encouraged. is of crucial importance
Amendment 84 #
Proposal for a regulation
Recital 42
Recital 42
(42) As the Fund supports only the research and development phases of defence products and technologies, in principle the Union should not have ownership or intellectual property rights (IPRs) over the products or technologies resulting from the funded actions unless the Union assistance is provided through procurement. However, for research actions, interested Member States and associated countries should have the possibility to use the results of funded actions and participate in follow-up cooperative development and therefore derogations to that principle should be allowed. Technological products developed or manufactured with the help of this European fund may not be the subject of a transfer of technology or any intellectual property right for the benefit of a third State outside the European Union that is not an associated country, or for the benefit of any economic actor that is not controlled by a Member State.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) support collaborative research projects that could significantly boost the performance of future European capabilities, aiming at maximising innovation and introducing new defence products and technologies, including disruptive ones;
Amendment 93 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the European Defence Fund for the period 2021 – 2027 shall be EUR 13 0001 453 000 000 in curreonstant prices.
Amendment 95 #
(a) up to EUR 4 100 03 612 100 000 for research actions (constant prices);
Amendment 97 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) up to EUR 8 907 840 0900 000 for development actions (constant prices).
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Fund, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems. This amount shall not exceed 5% of the value of the financial envelope referred in paragraph 1.
Amendment 108 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Actions carried out under the Fund shall comply with ethical principles and relevant national, Union and international legislation, notably the Arms Trade Treaty which was ratified by all the EU Member- States.
Amendment 110 #
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 independent representative experts on defence ethics. The Commission shall ensure the transparency of the ethics procedures as much as possible.
Amendment 112 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If appropriate, eEthics checks shall be carried out by the Commission during the implementation of the action. For serious or complex ethics issues, th, at the Commission's discretion or upon request of the European Parliament. Those checks shall be carried out by the Commission with the support of experts on defence ethics.
Amendment 113 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Actions which are not ethically acceptable mayshall not be eligible. In case of an ethical incompatibility is detected, the action shall be rejected or terminated at any time.
Amendment 118 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Fund may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement, in full respect of the requirements of Directive 2009/81/EC on defence and security procurement. It may also provide financing in the form of financial instruments within blending operations.
Amendment 120 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors 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. They shall demonstrate to the Commission that they have robust corporate governance standards including whistleblowing channels operated in accordance with the European standard and European law.
Amendment 131 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(c a) the non-associated third country or third country entity provides a technological and/or industrial input which could not be supplied by a European entity.
Amendment 135 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3 and where appropriate 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 strictly 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 as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU. 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. Technological products developed or manufactured with the help of this European fund may not be the subject of a transfer of technology or any intellectual property right for the benefit of a third State outside the European Union, or for the benefit of any economic actor that is not controlled by a Member State.
Amendment 143 #
Proposal for a regulation
Article 11 – paragraph 3 – point i
Article 11 – paragraph 3 – point i
(i) the development of technologies or assets increasing efficiency and reducing the environmental impact across the life cycle of defence products and technologies;
Amendment 149 #
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, tThe 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.
Amendment 155 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
Amendment 159 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) contribution to the competitiveness of the European defence industry as well as contribution to the reinforcing of the single market for defence, in particular by creating new market opportunities and accelerating the growth of companies throughout the Union;
Amendment 160 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(c a) contribution to the industrial autonomy of the European defence industry 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 187 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, non- governmental organisations, universities, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] of the Financial Regulation, this list shall not be made public.