21 Amendments of Adam BIELAN related to 2022/0219(COD)
Amendment 20 #
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 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. Taking into account the short-term need to replenish and expand defence stocks, especially those exacerbated by the transfer of defence products to Ukraine, this restriction should not apply to subcontractors. At the same time, the cost of components originating in non- associated third countries should not exceed 20 percent of the value of the end product. This limit should be increased to 50 percent of the value of the end product for the components originating in non- associated third countries that are members of NATO. Components should not be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including the respect for the principle of good neighbourly relations.
Amendment 35 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 50 #
1. Only actions fulfilling all of the following criteria shall be eligible for funding under the Instrument:
Amendment 54 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3;
Amendment 55 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
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;
Amendment 63 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Additional fundingeligibility conditions
Amendment 64 #
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 States and associated third countries participating in the common procurement.
Amendment 77 #
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 an associated third country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity.
Amendment 79 #
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 involved in the procurement process is established.
Amendment 86 #
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 89 #
Proposal for a regulation
Article 8 – paragraph 8 a (new)
Article 8 – paragraph 8 a (new)
8 a. By the way of derogation from paragraph 8, taking into account the short-term need to replenish and expand defence stocks, including to compensate for the military assistance to Ukraine, the restriction as referred to in paragraph 8 of this Article shall not apply to subcontractors involved in the common procurement, provided that this 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 90 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 111 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. The cost of components originating in non-associated third countries shall not exceed 20 percent 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, in particular Russia.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 10 b (new)
Article 8 – paragraph 10 b (new)
Amendment 118 #
Proposal for a regulation
Article 10 – paragraph 1 – point 1
Article 10 – paragraph 1 – point 1
1. The contribution of the action to strengthening and developing the Union defence industrial base 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; (a) the contribution to the creation of new cross-border cooperation between the Member States or associated third countries; (b) the demonstration of the action’s contribution to the replenishment of stockpiles that have been depleted as a result of the response to the Russian military aggression against Ukraine; (c) the demonstration of the action’s contribution to the replacement of stockpiles of Soviet-era legacy defence systems with European solutions; (d) the contribution of the action to strengthening and developing the Union defence industrial base 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 and replacement of stocks with European solutions, availability and supply; (e) the contribution of the action to competitiveness and adaptation of the EDTIB throughout the Union, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, and overall modernization; (f) the contribution of the action to strengthening cooperation among Member States or associated third countries and interoperability of products; (g) the participation of contractors and subcontractors established in Member States that have a common border with Russia or with countries aggressed by Russia, or that have their territorial waters or Exclusive Economic Zones adjacent to those of the countries aggressed by Russia; (h) the estimated size of the common procurement and any declaration by the participants that they will jointly use, stockpile, own or maintain the procured defence products; (i) catalytic effect of Union financial support through demonstration of how the Union contribution can overcome obstacles to common procurement; (j) quality and efficiency of the plans for carrying out of the action. The weighting of the award criteria shall be determined by the Commission, assisted by the Committee as referred to in Article 14.
Amendment 123 #
Proposal for a regulation
Article 10 – paragraph 1 – point 2
Article 10 – paragraph 1 – point 2
Amendment 125 #
Proposal for a regulation
Article 10 – paragraph 1 – point 3
Article 10 – paragraph 1 – point 3
Amendment 127 #
Proposal for a regulation
Article 10 – paragraph 1 – point 4
Article 10 – paragraph 1 – point 4
Amendment 131 #
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Amendment 133 #
Proposal for a regulation
Article 10 – paragraph 1 – point 6
Article 10 – paragraph 1 – point 6
Amendment 135 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7
Article 10 – paragraph 1 – point 7