10 Amendments of Sandro GOZI related to 2022/0219(COD)
Amendment 22 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the instrument aims to enhance the competitiveness and, efficiency and the independence of the Union’s defence industry, to benefit from the instrument, according to 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.
Amendment 34 #
Proposal for a regulation
Recital 17
Recital 17
(17) In certain 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.
Amendment 46 #
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). The instrument should be without prejudice to the rules laid down in particular by the Directive 2009/81/EC 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. Additional eligibility requirements as set out in article 8 in this regulation should be part of the tender documents and prevail over conflicting laws of the Member State in which the procurement agent is established.
Amendment 87 #
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 a Member State or of an associated third country. Where no competitive substitutesthere are no readily available substitutes 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.
Amendment 96 #
Proposal for a regulation
Article 8 – paragraph 9
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 to use, maintain, modify or transfer it by a non- associated third country or a non- associated third country entity.
Amendment 100 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. In regard of the urgency of the situation, a defence product subject to a restriction to transfer by a non-associated third country or a non-associated third country entity may be declared eligible by the Commission where the Member States or associated countries participating in the common procurement have demonstrated that this derogation only concerns defence products being in use prior to 24 February 2022 within the Armed Forces of all Member States or associated countries participating in the common procurement.
Amendment 106 #
Proposal for a regulation
Article 8 – paragraph 10 – point b
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 105 % of the work share is allocated;
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The proportion of the equipment originating from non-associated third countries shall not exceed 25% of the value of the end product. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 137 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. The interplay of the action within the framework of the European Defence Fund.
Amendment 140 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 b (new)
Article 10 – paragraph 1 – point 7 b (new)
7 b. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process in the manufacturing process.