23 Amendments of Traian BĂSESCU related to 2022/0219(COD)
Amendment 37 #
Draft legislative resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Joint Declaration on EU-NATO Cooperation, signed in Warsaw on 8 July 2016 by the Presidents of the European Council and the European Commission, and the Secretary-General of NATO,
Amendment 38 #
Draft legislative resolution
Citation 4 b (new)
Citation 4 b (new)
— having regard to the Joint Declaration on EU-NATO Cooperation, signed in Brussels on 10 July 2018 by the Presidents of the European Council and the European Commission, and the Secretary-General of NATO,
Amendment 59 #
Proposal for a regulation
Recital 4
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, especially those created by the response to the current Russia’s aggression against Ukraine, in a collaborative way.
Amendment 93 #
Proposal for a regulation
Recital 12
Recital 12
(12) To that end a Short Term Instrument for increasing the collaboration of the Member States in the defence procurement phase (the ‘Instrument’) should be established. It will incentivise Member States to pursue collaborative actions and in particular, when they procure in order to fill these gaps, to do so jointly, increasing the level of interoperability, including with NATO, and strengthening and reforming their defence industrial capabilities.
Amendment 103 #
Proposal for a regulation
Recital 14
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 common procurement to replenish stocks, notably in light of the support provided to with high- technology, easily deployable defence capabilities, giving priority to states in the vicinity of Ukraine, which have considerably reduced their stocks in the context of Russia’s aggression against Ukraine.
Amendment 111 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Instrument is coherent with existing collaborative EU defence-related initiatives such as in the European Defence Fund as well as the Permanent Structured Cooperation (PESCO), and generates synergies with other EU programmes. The Instrument is fully coherent with the ambition of the Strategic Compass. and the goals and priorities of the North Atlantic Treaty Organisation (NATO), which remains the foundation of the collective defence of its allies and is essential for Euro-Atlantic security.
Amendment 124 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in countries associated countrieswith it and are not subject to control by non-associatedother 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 an EU Member State or of an associated third country associated with the EU or a NATO member state.
Amendment 130 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certain 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 associated with the EU or in NATO member states 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.
Amendment 131 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 150 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The war of aggression started by Russia against Ukraine has highlighted the need to strengthen and increase the effectiveness of the stance of deterrence and defence of the EU’s and NATO’s eastern frontier and the strategic importance of the Black Sea region for Euro-Atlantic security. The tool should strengthen the deterrence capacity of states on the EU’s and NATO’s eastern frontier by creating procurement programmes that fulfil the aims of this Regulation.
Amendment 152 #
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR) or the NATO Support and Procurement Agency (NSPA).
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘control by a non-associated third country or by a non-associated third -country entity’ means the ability to exercise a decisive influence on a legal entity directly or indirectly through one or more intermediate legal entities;
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘non-associated third-country entity’ means a legal entity that is established in a non-associated third country or, where it is established in the Union or, in an country associated countrywith the EU or in a NATO member state, that has its executive management structures in a non-associated third country;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘third country’ means a country that is not a member of the Union or associated with it or that is not a member of the North Atlantic Treaty Organisation.
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) to foster cooperation in defence procurement process between participating Member States contributing to solidarity, interoperability, including with NATO, prevention of crowding- out effects, avoiding fragmentation, bridging gaps between defence industries at EU level and increasing the effectiveness of public spending.
Amendment 212 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The maximum amount that can be allocated to a joint public procurement project is 10% of the amount mentioned in paragraph (1).
Amendment 242 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) actions for common procurement of lethal autonomous weapons without the possibility for meaningful human control over selection and engagement decisions when carrying out strikes against humans or nuclear weapons.
Amendment 247 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union, in a country associated with it or in NATO member states. They shall not be subject to control by a non- associated third country or by a non- associated third- country entity.
Amendment 251 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third countryEU or NATO member states or in a third country associated with the EU 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 guarantees approved by the Member State or associated third country in which the contractor is established.
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 7 – point b
Article 8 – paragraph 7 – point b
(b) access by a non-associated third country or by a non-associated third- country entity to sensitive information is prevented and the employees or other persons involved in the common procurement have national security clearance issued by a Member State.
Amendment 262 #
Proposal for a regulation
Article 8 – paragraph 8
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 an EU or NATO Member State or of an associated third country associated with the EU. 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 theEU or NATO Member States or of the associated third countriesird countries associated with the EU 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.
Amendment 265 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9