18 Amendments of Patrizia TOIA related to 2022/0219(COD)
Amendment 40 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 56 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions involving new cooperation, including within an existing framework, or an extension of existing cooperation shall be carried out by a consortium of at least threfive Member States;
Amendment 67 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) This new instrument will be an important step towards to the creation of the EU Defence Union and shall contribute to enhance the Union’s open strategic autonomy, to strengthen its ability to protect its citizens and to reinforce the EU’s global position in the context of increasing security threats at the international level.
Amendment 68 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The Instrument should also contribute to drive transformational change in the European Defence Technological and Industrial Base, simultaneous to improving security in the European Union. These changes include building more resilient supply chains, growing the advanced manufacturing sector and exports, and enhancing technological innovation.
Amendment 72 #
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 an associated third country or transatlantic partnership countries. They shall not be subject to control by a non- associated third country or by a non- associated third country entity, or alternatively shall have been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, mitigation measures, taking into account the objectives referred to in Article 3.
Amendment 93 #
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 directly or indirectly through one or more intermediary legal entities, that limits Member States’ ability to use it.
Amendment 98 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Short Term Instrument should offset the complexity and risks associated with such joint actions, including common procurement, while allowing economies of scale in the actions undertaken by Member States to reinforce and modernise the European Technological and Industrial Base, increasing thereby the Union’s capacity resilience and security of supply. Incentivizing common procurement would also result into diminished costs in terms of administrative burdens, exploitation, maintenance and withdrawal of the systems.
Amendment 128 #
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 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 due diligence framework to identify, prevent, mitigate environmental and social risks, 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 141 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
the participation of SMEs, start-ups and mid-caps;
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
the impact on the defence sector R&D and the innovation capability.
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the short-term instrument for the European Defence Industry Reinforcement through common Procurement Act (the ‘Instrument’).
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) to replenish stocks, in particular the most urgent and critical defence products needs by the Union, mainly those created by the disruption caused by the urgent transfer of defence products to Ukraine, taking into account the work of the Defence Joint Procurement Task Force.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 2
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, increasing the strategic autonomy of the Union and strengthen its ability to protect its citizens.
Amendment 239 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions shall be carried out by a consortium of at least threfive Member States;
Amendment 245 #
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 country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or, alternatively, shall have been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, mitigation measures, taking into account the objectives referred to in Article 3.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 6
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 fulfil strict conditions relating to the due diligence framework to identify, prevent, mitigate environmental and social risks and 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.
Amendment 267 #
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 directly, or indirectly through one or more intermediary legal entities, that limits Member States’ ability to use it.
Amendment 284 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10a. Products and services that guarantee cybersecurity and ensure that the communications of the digital elements of goods acquired under this Regulation are secure must originate wholly within the EU unless it is not possible to find industrial solutions within the EU that will guarantee cybersecurity and the security of communications by the goods. In order to identify the entities authorised to supply the products and services referred to in this paragraph pursuant to this Regulation, it is understood that, solely in respect of companies that produce such products and services, they must meet the conditions set out in paragraph 4 and must own the intellectual property of the products and software designed for cybersecurity and information and their source codes, and that these must be deposited in data centres located inside the EU, or the companies must be controlled by entities that meet the requirements set out in paragraph 4.