BETA

58 Amendments of Christophe GRUDLER related to 2022/0219(COD)

Amendment 52 #
Proposal for a regulation
Recital 2 a (new)
(2a) The Russian invasion of Ukraine is a wake-up call for the European Union, which still has Soviet-era military equipment, barely functioning or no longer relevant in the context of technological developments. The defence budget has been neglected critically in many Member States, while both our partners and other third countries have invested massively in modernizing their military capabilities. Ramping up our military R&D, our defence industry, and our military capabilities would make the EU a relevant global player, which is both adequate and necessary for the current geopolitical landscape.
2023/02/13
Committee: AFETITRE
Amendment 60 #
Proposal for a regulation
Recital 4
(4) A dedicated short-term instrument, designed in a spirit of solidarity, was indicated as a tool to incentivise Member States, on a voluntary basis, to pursue common procurement to fill the most urgent and critical gaps, especiallyincluding those created by the response to the current Russia’s aggression, in a collaborative way.
2023/02/13
Committee: AFETITRE
Amendment 65 #
Proposal for a regulation
Recital 5
(5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing, to strengthen and improve EU defence industrial capabilities.
2023/02/13
Committee: AFETITRE
Amendment 66 #
Proposal for a regulation
Recital 5 a (new)
(5a) This instrument should be viewed as a first step towards more coordination in the field of security and defence, and, together with future measures, paves the way towards a European defence single market and a European Defence Union. European unity and interoperability are key for the future of the European security architecture.
2023/02/13
Committee: AFETITRE
Amendment 82 #
Proposal for a regulation
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, and in accordance with Article 173 of the Treaty on the Functioning of the European Union where the Union and the Member States aim at ensuring that the competitiveness of the Union’s industry exist, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
2023/02/13
Committee: AFETITRE
Amendment 84 #
Proposal for a regulation
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, and in accordance with Article 173 of the Treaty on the Functioning of the European Union, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
2023/02/13
Committee: AFETITRE
Amendment 90 #
Proposal for a regulation
Recital 11
(11) Common investment and defence procurement should in particular be incentivised, as such collaborative actions would ensure that the necessary changes in the EU industrial base takes place in a collaborative manner, avoiding further fragmentation of the industry, and increasing interoperability.
2023/02/13
Committee: AFETITRE
Amendment 101 #
Proposal for a regulation
Recital 13 a (new)
(13a) This instrument should be used as a jumpstart to replace old soviet-era military equipment and to stimulate investment in cutting edge technology in defence through support for joint R&D.
2023/02/13
Committee: AFETITRE
Amendment 102 #
Proposal for a regulation
Recital 13 b (new)
(13b) This instrument should be effective, seamless, and de- bureaucratised, in order to encourage SME participation, to stimulate innovation in defence products, and to open up the defence market to new European companies from across the EU.
2023/02/13
Committee: AFETITRE
Amendment 105 #
Proposal for a regulation
Recital 14
(14) This Instrument will build on and take into account the work of the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish, strengthen and increase stocks, notably in light of the support provided to Ukraine and in view to perpetuate it.
2023/02/13
Committee: AFETITRE
Amendment 120 #
Proposal for a regulation
Recital 15 b (new)
(15b) To make sure that all these initiatives are coherent, the Commission should prepare an overview of all instruments that can facilitate the joint procurement process and facilitate dialogue with Member States and their governments.
2023/02/13
Committee: AFETITRE
Amendment 123 #
(16) As the instrument aims to enhance the competitiveness and, efficiency and independence of the Union’s defence industry, to benefit from the instrument in accordance with the legal basis, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. 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 of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country.
2023/02/13
Committee: AFETITRE
Amendment 126 #
Proposal for a regulation
Recital 16 a (new)
(16a) Considering the very nature of this instrument, based on its legal basis, which aims at strengthening the European defence industry, any possible derogation shall be kept to a strict minimum.
2023/02/13
Committee: AFETITRE
Amendment 129 #
Proposal for a regulation
Recital 17
(17) In certainstrictly framed exceptional circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non -associated third- country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
2023/02/13
Committee: AFETITRE
Amendment 133 #
Proposal for a regulation
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity that limits Member States’ ability to use, maintain, modify or transfer it.
2023/02/13
Committee: AFETITRE
Amendment 135 #
Proposal for a regulation
Recital 18 a (new)
(18a) As specific safeguards are provided for the purpose of the appreciation of the control or the restriction of a product by a non- associated third country or a non- associated third country entity, compliance with the foreign direct investments screening mechanism established by Regulation (EU) 2019/452 is insufficient to derogate from the principle of non-control of use.
2023/02/13
Committee: AFETITRE
Amendment 147 #
Proposal for a regulation
Recital 21
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry, and (c) the number of participating Member States or associated countries or the inclusion of additional Member States or associated countries to existing cooperations, and (d) the development of the action supported as part of the European Defence Fund.
2023/02/13
Committee: AFETITRE
Amendment 154 #
Proposal for a regulation
Recital 23
(23) In accordance with Article 193(2) of the Financial Regulation, a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, financial contribution should not cover a period prior to the date of submission of the grant application, except in duly justified exceptional cases, such as equipment replacement sent to Ukraine. In order to avoid any disruption in Union support which could be prejudicial to the interests of the Union, it should be possible to provide in the financing decision for financial contributions to actions that cover a period from the 24 February 2022, even if they have started before the grant application was submitted.
2023/02/13
Committee: AFETITRE
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
(5) ‘procurement agent’ means a contracting authority as defined in Directive 2009/81/EC, established in a Member State or an associated country, or the European Defence Agency or an international organisation such as OCCAR, designated by at least three Member States to conduct a common procurement on their behalf, including Union bodies or international organisations; ;
2023/02/13
Committee: AFETITRE
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘classified information’ means information or material, in any form, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, and which bears an EU classification marking or a corresponding classification marking, as established in the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union;
2023/02/13
Committee: AFETITRE
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘defence products’ means products and services within the scope of Article 2 of Directive 2009/81/EC.
2023/02/13
Committee: AFETITRE
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘classified information’ means information or material, in any form, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, and which bears an EU classification marking or a corresponding classification marking, as established in the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union;
2023/02/13
Committee: AFETITRE
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘sensitive information’ means information and data, including classified information, that is to be protected from unauthorised access or disclosure because of obligations laid down in Union or national law or in order to safeguard the privacy or security of a natural or legal person;
2023/02/13
Committee: AFETITRE
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 c (new)
(6c) ‘sensitive information’ means information and data, including classified information, that is to be protected from unauthorised access or disclosure because of obligations laid down in Union or national law or in order to safeguard the privacy or security of a natural or legal person;
2023/02/13
Committee: AFETITRE
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps), for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including the creation and ramp- up of its manufacturing capacities, in accordance with the legal basis of the instrument, in order to provide the most critical and urgent defence products needed by Member States;
2023/02/13
Committee: AFETITRE
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps) for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural and technological changes, including ramp-up of its manufacturing capacities and increase in the resilience of its supply chains;
2023/02/13
Committee: AFETITRE
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation and, increasing the effectiveness of public spending, and encouraging the harmonisation of defence procurement legislation across Member States.
2023/02/13
Committee: AFETITRE
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, prevention of crowding- out effects, avoiding fragmentation and, increasing the effectiveness of public spending, and fostering the emergence of European standards in the field of defence.
2023/02/13
Committee: AFETITRE
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i (new)
i) to stimulate the uptake of new technologies in the EDTIB and to support the development of a defence technological and industrial base in more Union Member States.
2023/02/13
Committee: AFETITRE
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force and the capability gaps identified in the Joint Communication of the Commission and the High-Representative on Defence investment gaps analysis. This can be achieved through the replenishment of stockpiles, including with the equipment in the EDTIB, as well as through the replacement of obsolete ones, especially post-Soviet equipment, and the reinforcement of overall defence capabilities.
2023/02/13
Committee: AFETITRE
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and developing the Union defence industrial base in accordance with the legal basis of the instrument to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
2023/02/13
Committee: AFETITRE
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 2
2. The objectives shall be pursued with an emphasis on strengthening and, developing, modernising, and expanding the Union defence industrial base to allow it to address in particular the most urgent and critical defence products needs, especially those revealed or exacerbated by the response to the Russian aggression against Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
2023/02/13
Committee: AFETITRE
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. Nothing in this Instrument shall be interpreted as constraining the Member States arms export policies, in particular shipments to Ukraine.
2023/02/13
Committee: AFETITRE
Amendment 209 #
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
2023/02/13
Committee: AFETITRE
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
2023/02/13
Committee: AFETITRE
Amendment 225 #
Proposal for a regulation
Article 6 – paragraph 2
2. The EU funding shall incentivize the cooperation between Member States to fulfil the objectives referred to in Article 3. The financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation.
2023/02/13
Committee: AFETITRE
Amendment 226 #
Proposal for a regulation
Article 6 – paragraph 3
3. WBy way of derogation to Article 193 of the Financial Regulation, and where necessary for the implementation of an action, financial contributions may cover a period prior to the date of the request for financial contributions for that action, provided that the action has not started prior to the 24 February 202218 May 2022 and the common procurement has not been tendered before the signature of the Grant Agreement.
2023/02/13
Committee: AFETITRE
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
2023/02/13
Committee: AFETITRE
Amendment 236 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the actions shall involve new cooperation or an extension of existing cooperation to at least onew Member States or associated countriesy;
2023/02/13
Committee: AFETITRE
Amendment 244 #
Proposal for a regulation
Article 8 – paragraph 1
1. Member States or associated third countries in accordance with Article 5 shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States.
2023/02/13
Committee: AFETITRE
Amendment 249 #
Proposal for a regulation
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides adequate guarantees approved by the Member State or associated third country in which the contractor is established, pursuant to Article 7.
2023/02/13
Committee: AFETITRE
Amendment 250 #
Proposal for a regulation
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, aA legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may not participate as contractor and subcontractor involved in the common procurement ounly ifess, and by way of derogation from paragraph 4, it provides guarantees approved by the Member State or associated third country in which the contractor is established.
2023/02/13
Committee: AFETITRE
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 6
6. The participating Member States shall provide to the Commission a notification from the procurement agent on the guarantees provided by a contractor or subcontractor involved in the common procurement that is established in the Union or an associated third country and controlled by a non- associated third country or a non- associated third country entity. The guarantees and related provisions in the procurement contract shall be made available to the Commission upon request. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
2023/02/13
Committee: AFETITRE
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 6
6. The participating Member States shall provide to the Commission a notification from the procurement agent on the guarantees or the equivalent measures provided by a contractor or subcontractor involved in the common procurement that is established in the Union or an associated third country and controlled by a non- associated third country or a non- associated third country entity. The guarantees, the equivalent measures and related provisions in the procurement contract shall be made available to the Commission upon request. The guarantees and equivalent measures shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not contravene the security and defence interests of the Union and its Member States as established in the framework of the CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3 of this Regulation.
2023/02/13
Committee: AFETITRE
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
7. The guarantees and equivalent measures shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
2023/02/13
Committee: AFETITRE
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
7a. The Commission shall inform the committee referred to in article 14 of any legal entity to be eligible in accordance with paragraph 5.
2023/02/13
Committee: AFETITRE
Amendment 261 #
Proposal for a regulation
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutes are readily available in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
2023/02/13
Committee: AFETITRE
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity that limits Member States’ ability to use, maintain, modify or transfer it.
2023/02/13
Committee: AFETITRE
Amendment 270 #
9. Common procurement procedures and contracts shall also include a requirement forspecifying that the defence product to cannot be subject to a restriction by a non- associated third country or a non- associated third country entity.
2023/02/13
Committee: AFETITRE
Amendment 276 #
Proposal for a regulation
Article 8 – paragraph 10 – introductory part
10. For the purposes of this Article, ‘subcontractors involved in the common procurement’ means allny of the following:
2023/02/13
Committee: AFETITRE
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 10 % of the work share is allocated or owning the intellectual property of essential components of the system;
2023/02/13
Committee: AFETITRE
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
10a. The cost of components originating in non-associated third countries shall not exceed 10 per cent of the value of the end product.
2023/02/13
Committee: AFETITRE
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 1 – point 6
6. catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement and contribute to the goal of moving towards a European Defence Union;
2023/02/13
Committee: AFETITRE
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
7a. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process.
2023/02/13
Committee: AFETITRE
Amendment 298 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
7a. The articulation of the action in the framework of the European Defence Fund.
2023/02/13
Committee: AFETITRE
Amendment 310 #
Proposal for a regulation
Article 11 – paragraph 4 – point 1 (new)
(1) The Commission, assisted by the European Defence Agency, shall endeavour to identify those components of non EU origin for which no alternative exists in the Union and take appropriate measures to foster their development in the Union, including through research and development, and in particular, through the European Defence Fund.
2023/02/13
Committee: AFETITRE
Amendment 313 #
Proposal for a regulation
Article 11 a (new)
Article 11 a Application of the rules on classified and sensitive information 1. Within the scope of this Regulation : (a) each Member State shall ensure that it offers a degree of protection of EU classified information equivalent to that provided by the security rules of the Council set out in Council Decision 2013/488/EU (28); (b) the Commission shall protect classified information in accordance with the security rules set out in Decision (EU, Euratom) 2015/444; 2. The use and disclosure of sensitive information should be governed by relevant Union and national law and subjected to authorizition of the Member States.
2023/02/13
Committee: AFETITRE
Amendment 330 #
Proposal for a regulation
Article 12 a (new)
Article 12 a Application of the rules on classified information 1. Member States and associated countries participating in a common procurement shall determine among themselves the arrangements applicable to the protection of classified information for the purposes of the common procurement, in accordance with national laws and regulations. 2. The Commission shall protect EU classified information received in relation to the Instrument in accordance with the security rules set out in Decision (EU, Euratom) 2015/444. 3. The Commission shall set up a secured exchange system in order to facilitate the exchange of sensitive and classified information between the Commission and the Member States and associated countries and, where appropriate, with the applicants and the recipients. That system shall take into account the Member States’ national security regulations.
2023/02/13
Committee: AFETITRE