48 Amendments of Fabio Massimo CASTALDO related to 2018/0254(COD)
Amendment 36 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least twohree different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre- commercial procurement .
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation and competitiveness between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least two different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre- commercial procurement .
Amendment 45 #
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, based on the guarantees given by the Member States themselves. 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 58 #
Proposal for a regulation
Recital 23
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union and the Member States. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, regional and international priorities, including those in the North Atlantic Treaty Organisation context, may also be taken into account if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account that unnecessary duplication should be avoided.
Amendment 66 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission will take into account the other activities financed under the Horizon Europe Framework programme in order to avoid unnecessary duplication and ensure the cross- fertilisation and cooperation between civil and defence research.
Amendment 72 #
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, following the example of the EDIDP by providing specific SME funding, especially in the context of cross- border cooperation.
Amendment 73 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should endeavour to maintain dialogue with Member States and industry to ensure the success of the Fund, consulting the military on technical aspects, and with industry to ensure the success of the Fund, thereby ensuring that the final products are of real benefit to the end users.
Amendment 93 #
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, inclusiveness and innovation capacity of the European defence industry, by supporting collaborative actions and cross- border cooperation between legal entities throughout the UnionEurope, 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 thanks to the development of more advanced military capacity. The Fund should also contribute to the freedom of action of the Union and its autonomy, in particular in technological and, industrial and defence terms.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support in a European context collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead to greater interoperability between Member States' capabilities.
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) Encourage European cooperation in the research and defence sectors involving three or more Member States and three or more companies, as specified in Article 11(4).
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission may, on a case by case basis, find the most appropriate form of funding to finance innovative solutiondisruptive technologies.
Amendment 126 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation and competitiveness between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least two different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre- commercial procurement .
Amendment 127 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given that the Fund aims particularly at enhancing cooperation between legal entities and Member States across Europe, an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different Member States and/or associated countries. At least three of these legal eligible entities established in at least twohree different Member States and/or associated countries should not be effectively controlled, directly or indirectly, by the same entity or should not control each other. In order to boost the cooperation between Member States the Fund may support joint pre- commercial procurement .
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Fund shall be implemented in direct management in accordance with the Financialby the Commission as provided for by Regulation (EU, Euratom) No 966/2012 in direct or indirect management entrusting budget implementation tasks to the entities listed in point (c) of Article 58(1) of that Regulation.
Amendment 140 #
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, based on the guarantees provided by the Member States themselves. 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 143 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant or a subcontractor involved in the action established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may beconstitute an eligible entity 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 and defence interests of the Union and its Member States, or the objective set out in Article 3. 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 demonstror guarantees approved by the Member State, in which the applicant is located, substantiating notably that:
Amendment 150 #
Proposal for a regulation
Recital 23
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union and of the Member States. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, regional and international priorities, including those in the North Atlantic Treaty Organisation context, may also be taken into account if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account that unnecessary duplication should be avoided.
Amendment 154 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission will take into account the other activities financed under the Horizon Europe Framework programme in order to avoid unnecessary duplication and ensure the cross- fertilisation and synergies between civil and defence research.
Amendment 161 #
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, by providing – as already done in the EDIDP – for specific funding for SMEs, especially if they are involved in cross-border cooperation.
Amendment 162 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should endeavour to maintain dialogue with Member States and industry to ensure the success of the Fund, with the military component as regards technical aspects, and with industry to ensure the success of the Fund, ensuring that the final products developed are of concrete benefit to end-users.
Amendment 164 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Financial Regulation applies to the Fund, unless otherwise specified. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, financial assistance, financial instruments and budgetary guarantees.
Amendment 166 #
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 actionActions as referred to in paragraph 3 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 twohree 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 175 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Grants may be awarded without a call for proposals to legal entities identified in the work programme in accordance with Article [195(e)] of the Financial RegulationIn the implementation of the Programme, Union funding shall be granted following competitive calls issued in accordance with Regulation (EU, Euratom) No 966/2012 and Delegated Regulation (EU) No1268/2012.
Amendment 181 #
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, inclusivity and innovation capacity of the European defence industry, by supporting collaborative actions and cross-border cooperation between legal entities throughout the UnionEurope, 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 thanks to the development of more advanced military capabilities. The Fund should also contribute to the freedom of action of the Union and its autonomy, in particular in technological and, industrial and defence terms.
Amendment 182 #
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) number of countries and companies involved;
Amendment 185 #
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea) Research spin-offs for civilian purposes, subject of course to confidentiality requirements;
Amendment 187 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) Environmental sustainability and environmental impact;
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support, from a European standpoint, collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead to greater interoperability between Member States' capabilities.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) encourage European cooperation on research and the defence industry by involving three or more Member States and three or more companies, as specified in Article 11(4).
Amendment 196 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. At least 10% of the overall budget of the development actions shall benefit the crossborder participation of SMEs.
Amendment 197 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. IWhere appropriate indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs,on a case by case basis excluding direct eligible costs for subcontracting, financial support to third parties and any unit costs or lump sums which include indirect costs.
Amendment 198 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate,n an ad-hoc evaluation of the indirect eligible costs beyondcannot be made the flat rate of 25 % may be determinapplied 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 225 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Fund shall be implemented by annual or multi annual work programmes established in accordance with Article [110] of the Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations as well as for the crossborder participation of SMEs.
Amendment 225 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission may, on a case by case basis, find the most appropriate form of funding to finance innovative solutiondisruptive technologies.
Amendment 246 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Fund shall be implemented in direct management in accordance with the Financialby the Commission as provided for by Regulation (EU, Euratom)No 966/2012 in direct or indirect management entrusting budget implementation tasks to the entities listed in point (c) of Article 58(1) of that Regulation.
Amendment 254 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The interim evaluation of the Fund shall be performed once there is sufficient information available about the implementation of the Fund, but no later than four years after the start of the Fund implementation. The interim evaluation report will include notably, an assessment of the governance of the Fund, the number of countries involved in individual projects, implementation rates, project award results including SMEs and mid- caps involvement and the degree of their cross-border participation, and funding granted in accordance with Article [195] of the Financial Regulation by 31 July 2024. The Commission may submit proposals for any appropriate amendments to the present regulation.
Amendment 268 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant or a subcontractor involved in the action established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may beconstitute an eligible entity 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 and defence interests of the Union and its Member States, or the objective set out in Article 3. 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 demonstror guarantees approved by the Member State, in which the applicant is located, substantiating notably that:
Amendment 330 #
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 actionActions as referred to in paragraph 3 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 twohree 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 345 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Grants may be awarded without a call for proposals to legal entities identified in the work programme in accordance with Article [195(e)] of the Financial RegulationIn the implementation of the Programme, Union funding shall be granted following competitive calls issued in accordance with Regulation (EU, Euratom) No 966/2012 and Delegated Regulation (EU) No1268/2012.
Amendment 354 #
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) number of countries and companies involved;
Amendment 363 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) environmental sustainability and environmental impact. (This amendment should be letter g))
Amendment 364 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
research spin-offs in the civilian sector, subject of course to confidentiality requirements. (It should be letter h))
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. At least 10% of the overall budget of the development actions shall benefit the crossborder participation of SMEs.
Amendment 380 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. IWhere appropriate 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, financial support to third parties and any unit costs or lump sums which include indirect costs.
Amendment 381 #
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 costson a case by case basis , excluding direct eligible costs for subcontracting, financial support to third parties and any unit costs or lump sums which include indirect costs.
Amendment 388 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate,n an ad-hoc evaluation of the indirect eligible costs beyondcannot be made the flat rate of 25 % may be determinapplied 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 421 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Fund shall be implemented by annual or multi annual work programmes established in accordance with Article [110] of the Financial Regulation. Work programmes shall set out, where applicable, the overall amount reserved for blending operations as well as for the crossborder participation of SMEs.
Amendment 447 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The interim evaluation of the Fund shall be performed once there is sufficient information available about the implementation of the Fund, but no later than four years after the start of the Fund implementation. The interim evaluation report will include notably, an assessment of the governance of the Fund, the number of countries involved in individual projects, implementation rates, project award results including SMEs and mid- caps involvement and the degree of their cross-border participation, and funding granted in accordance with Article [195] of the Financial Regulation by 31 July 2024. The Commission may submit proposals for any appropriate amendments to the present regulation.