Activities of Malte GALLÉE related to 2022/0219(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council of the European Parliament and of the Council on establishing the European defence industry reinforcement through common procurement act
Amendments (20)
Amendment 23 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the iInstrument 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 arecontractors and subcontractors 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 beas the ability to exercise a decisive influence on a legal entitycontractor or subcontractor 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 32 #
Proposal for a regulation
Recital 17
Recital 17
(17) IRegardless of the country in which the contracted party is established, increasing the common procurement of defence capabilities in the short-run and inducing cooperation, contributes to create favourable market conditions, such as structuring of the demand side in the EU, and hence contributes to the reinforcement of the EDTIB. Consequently, in certain strict 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 entitycontractor or a subcontractor 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 andor 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 39 #
Proposal for a regulation
Recital 18
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to any form of control or restriction by a non-associated third country or a non-associated third country entity.
Amendment 51 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation among public authorities of Member States and of associated countries for common procurement ofaddressing the most urgent and critical defence products between eligible entitieneeds implementing the objectives referred to in Article 3;
Amendment 62 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Additional fundingeligibility conditions
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States or associated third countries 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 StatesMember States and the associated countries participating in the common procurement.
Amendment 71 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The agreement shall specify, inter alia, the details of the procedure and the reason of its choice, the assessment of the tenders and the award of the contract.
Amendment 76 #
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 or in associated countries. They shall not be subject to any form of control by a non- associated third country or by a non- associated third country entity.
Amendment 81 #
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 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 guarantees approved by the Member State or associated third country in which the contractor is established.
Amendment 88 #
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 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.
Amendment 97 #
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 by a non- associated third country or a non- associated third country entity.
Amendment 98 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. The requirement for the defence product referred to in paragraph 9 does not apply when all the following conditions are met: (a) Common procurement procedures and contracts refer to urgent and critical defence products that are needed to replenish stocks that has been reduced as a result of the response to the Russian military aggression against Ukraine;and (b) the capacity of the EDTIB to fill the most urgent and critical gaps in the stocks of the Member States is not sufficient or is not able to provide the defence products in an adequate timeframe;and (c) Member States or associated countries participating in the common procurement have carefully assessed the feasibility of replacing the components that cause the restriction by an alternative restriction- free component of EU origin;and (d) the procured products were in use prior to 24 February 2022 within the armed forces of all the Member States participating in the common procurement.
Amendment 115 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) public contracting authorities or contracting entities as defined in Directives 2014/24/EU9 and 2014/25/EU10 of the European Parliament and of the Council; _________________ 9 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 10 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).f Member States;
Amendment 116 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) public authorities of associated third countries.
Amendment 120 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
1. The cdemonstribuation of the action's contribution to strengthening, modernising and developing the Union defence industrial baseEDTIB to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply;
Amendment 122 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1 a (new)
Article 10 – paragraph 1 – point 1 a (new)
1 a. the demonstration of the action’s contribution to the replenishment of stockpiles, including those that have been depleted as a result of the response to the military aggression against Ukraine, as well as the replacement and reinforcement of capabilities as referred to in Article 3;
Amendment 124 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
2. the contribution of the action to competitiveness and adaptation of the EDTIB, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, security of supply and overall modernization;
Amendment 126 #
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
3. the contribution of the action to strengthening cooperation among Member States or associated countries and interoperability ofrdination, cooperation and interoperability of products among Member States or associated countries in particular the proportional sharing of technical financial risks and opportunities to address, in particular the most urgent and critical defence products; needs;
Amendment 130 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4 a (new)
Article 10 – paragraph 1 – point 4 a (new)
4 a. the estimated value of the common procurement;
Amendment 136 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7 a. the extent of the action's contribution to diversify supply chains through the involvement of SMEs and mid-caps;