31 Amendments of Iris HOFFMANN related to 2018/0254(COD)
Amendment 16 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence technological and industrial capabilities to respond to security challenges, as well as to foster a competitive,n innovative and efficient European defence industry. It proposed in particular to launch a European Defence Fund (the 'Fund') to support investments in joint research and the joint development of defence products and technologies, thus fostering synergies and cost-effectiveness, and to promote the Member States’ joint purchase and maintenance of defence equipment. This Fund would complement national funding already used for this purpose and should act as an incentive for Member States to cooperate and invest more ion defence. The Fund would support cooperation during the whole cycle of defence products and technologies. Additional spending at European level should be offset by savings in national defence budgets.
Amendment 19 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) On 14 March and 30 May 2018, the European Parliament stressed in its resolution on the 2021-2027 Multiannual Financial Framework(MFF) the importance of horizontal principles that should underpin the MFF2021-2027 and all related EU policies; the parliament reaffirmed, in this context, its position that the EU must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplored the lack of a clear and visible commitment to that end in the MFF proposals; therefore, the Parliament requested the mainstreaming of the SDGs into all EU policies and initiatives of the next MFF; it further emphasised that the elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe; therefore asked for gender mainstreaming and gender equality commitments in all EU policies and initiatives of the next MFF; underlined in its position that, following the Paris Agreement, climate-related horizontal spending should be significantly increased in comparison with the current MFF and reach 30 % as soon as possible and at the latest by 2027.
Amendment 21 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Fund would contribute to the establishment of a strong, comopetirative 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. _________________ 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 24 #
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 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 25 #
Proposal for a regulation
Recital 4
Recital 4
(4) The research phase is a crucial element as it conditions the capacity of the European industry and the autonomy of the European industry to develop products and the independence of Member States as defence end-users. The research phase linked to the development of defence capabilities may include significant risks, in particular related to the low level of maturity and the disruption of technologies. The development phase, which follows the research and technology phase, also entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness and innovation ofin the Union's defence industry.
Amendment 27 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure that the Union's and its Member States' international obligations are respected in the implementation of this Regulation, actions relating to products or technologies the use, development or production of which are prohibited by international law. or which are categorised by the European Parliament as ethically questionable, should not receive funding under the Fund. In this respect, the eligibility of actions related to new defence products or technologies, such as those that are specifically designed to carry out lethal strikes without any human control over the engagement decisions, should also be subject to developments in international law.
Amendment 29 #
Proposal for a regulation
Recital 9
Recital 9
(9) As the objective of the Fund is to support the comopetitivenessration and innovation ofwithin the Union defence industry by leveraging and complementing collaborative defence research and technology activities and de- risking the development phase of cooperative projects, actions related to the research and development of a defence product or technology should be eligible to benefit from it. This will also apply to the upgrade, including the interoperability thereof, of existing defence products and technologies.
Amendment 30 #
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, efficiency and autonomy of the Union's defence industry, only entities established in the Union or associated countries and not subject to control by non-associated third countries or non-associated third country entities should in principle be eligible for support. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the recipients and their subcontractors in actions supported by the Fund should not be located on the territory of non- associated third countries.
Amendment 31 #
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, efficiency and autonomy of the Union's defence industry, only entities established in the Union or associated countries and not subject to control by non-associated third countries or non-associated third country entities should in principle be eligible for support. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the registered offices, the infrastructure, facilities, assets and resources used by the recipients and their subcontractors in actions supported by the Fund should not be located on the territory of non-associated third countries.
Amendment 32 #
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 fromNo derogation should be granted to 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 cannot 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 actionfor funding under this programme.
Amendment 34 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the funded actions will contribute to the competitiveness and efficiency of the European defence industry, it is important that Member States already intend to jointly procure the final product or use the technology, notably through joint cross- border procurement, where Member States jointly organise their procurement procedures in particular with the use of a central purchasing body.
Amendment 37 #
Proposal for a regulation
Recital 31
Recital 31
(31) The Commission should establish annual or multiannual work programmes in line with the objectives of the Fund. The Commission should be assisted in the establishment of the work programme by a committee of Member States. In order to benefit from its expertise in the defence sector, the European Defence Agency will be given the status of an observer in the committee. Given the specificities of the defence area, the European External Action Service should also assist in the committee of Member States. One representative from the European Parliament, in charge of defence policy and having no political status, shall also participate as an observer in the committee.
Amendment 38 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Commission should endeavour to maintain dialogue with the European Parliament, Member States and industry to ensure the success of the Fund.
Amendment 39 #
Proposal for a regulation
Recital 41
Recital 41
(41) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 2530 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of its mid-term evaluation.
Amendment 41 #
Proposal for a regulation
Recital 42
Recital 42
Amendment 42 #
Proposal for a regulation
Recital 43
Recital 43
Amendment 45 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Fund is to foster the competitiveness,strengthen European cohesion through closer cooperation and integration in the defence sector. EU Member States should be adequately equipped for their peacekeeping and peace-making missions. Through resolute pooling and sharing plus targeted support in areas in which national savings have to be offset in order to achieve clear added value, the Fund should foster the efficiency and innovation capacity of the European defence industry, by supporting collaborative actions and cross-border cooperation between legal entities throughout the Union, 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's strategic autonomy. The Fund should also contribute to the freedom of action of the Union and its autonomy, in particular in technological and industrial terms.
Amendment 47 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support 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 and to savings in the defence sector.
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 56 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The reference amount specified in the present legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the regulation on the Multiannual Financial Framework.
Amendment 63 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 65 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All registered offices, 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 66 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3When performing an eligible action, beneficiaries and their subcontractors involved in may cooperate withe action may use their assets, infrastructure, facilities and resources located or n entity establisheld on the territory ofin a non- associated third country, if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security of the Union and its Member States. 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.
Amendment 69 #
Amendment 73 #
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 74 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The grant agreement shall, if justified, lay down the right of the Commission to be notified of and object to the transfer of ownership to results or to the granting of a license regarding results to a non-associated third country or a non- associated third country entity. Such transfers shall not contravene the defence and security interests of the Union and its Member States or the objectives of this Regulation as set out in Article 3.
Amendment 75 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The beneficiaries shall grant access rights to their results on a royalty-free basis to the Union institutions, bodies or agencies, for duly justified purpose of developing, implementing and monitoring Union policies or programmes. Such access rights shall be limited to non- commercial and non-competitive use.
Amendment 77 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. With regard to results generated by recipients, the Commission shall be notified of any transfer of ownership or grant of a licence to non- associated third countries. Such transfer of ownership or granting of a licence shall not contravene the defence and security interests of the Union and its Member States or the objectives this Regulation as set out in Article 3, otherwise it will necessitate reimbursement of the funding provided under the Fund.
Amendment 78 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall be assisted by a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency shall be invited as an observer to provide its views and expertise. The European External Action Service shall also be invited to assist. One representative from the European Parliament, in charge of defence policy and having no political role, shall also participate as an observer in the committee.
Amendment 79 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Independent experts shall be chosen on the basis of their skills, experience and knowledge appropriate to carry out the tasks assigned to them. The selection process shall also take gender balance into account.
Amendment 81 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Where a thirn associated country participates in the Fund by a decision under an international agreement or by virtue of any other legal instrument, the third country, the country concerned shall grant the necessary rights and access required for the authorising officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the- spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).