25 Amendments of Frédérique RIES related to 2022/0219(COD)
Amendment 82 #
Proposal for a regulation
Recital 10
Recital 10
(10) In the light of the above challenges and the related structural changes in the EU Defence industry, and in accordance with Article 173 of the Treaty on the Functioning of the European Union where the Union and the Member States aim at ensuring that the competitiveness of the Union’s industry exist, it appears necessary to speed up the adjustment of the European Defence Technological and Industrial Base, enhance its competitiveness and efficiency, and thereby contribute to strengthening and reforming Member States’ defence industrial capabilities. Addressing industrial shortfalls should include promptly tackling the most urgent gaps.
Amendment 133 #
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 control or restriction by a non-associated third country or a non-associated third country entity that limits Member States’ ability to use, maintain, modify or transfer it.
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘procurement agent’ means a contracting authority as defined in Directive 2009/81/EC, established in a Member State or an associated country, or the European Defence Agency or an international organisation such as OCCAR, designated by at least three Member States to conduct a common procurement on their behalf, including Union bodies or international organisations; ;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘defence products’ means products and services within the scope of Article 2 of Directive 2009/81/EC.
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘classified information’ means information or material, in any form, the unauthorised disclosure of which could cause varying degrees of prejudice to the interests of the Union, or of one or more of the Member States, and which bears an EU classification marking or a corresponding classification marking, as established in the Agreement between the Member States of the European Union, meeting within the Council, regarding the protection of classified information exchanged in the interests of the European Union;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 c (new)
Article 2 – paragraph 1 – point 6 c (new)
(6c) ‘sensitive information’ means information and data, including classified information, that is to be protected from unauthorised access or disclosure because of obligations laid down in Union or national law or in order to safeguard the privacy or security of a natural or legal person;
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to foster the competitiveness and efficiency of the European Defence Technological and Industrial Base (EDTIB), including SMEs and mid- capitalisation companies (mid-caps), for a more resilient Union, in particular by speeding up, in a collaborative manner, the adjustment of industry to structural changes, including the creation and ramp- up of its manufacturing capacities, in accordance with the legal basis of the instrument, in order to provide the most critical and urgent defence products needed by Member States;
Amendment 197 #
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 and the capability gaps identified in the Joint Communication of the Commission and the High-Representative on Defence investment gaps analysis. This can be achieved through the replenishment of stockpiles, including with the equipment in the EDTIB, as well as through the replacement of obsolete ones, especially post-Soviet equipment, and the reinforcement of overall defence capabilities.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Nothing in this Instrument shall be interpreted as constraining the Member States arms export policies, in particular shipments to Ukraine.
Amendment 210 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period from the entry into force of this Regulation to 31 December 2024 shall be EUR 500 m1.5 billion in current prices.
Amendment 226 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. WBy way of derogation to Article 193 of the Financial Regulation, and where necessary for the implementation of an action, financial contributions may cover a period prior to the date of the request for financial contributions for that action, provided that the action has not started prior to the 24 February 202218 May 2022 and the common procurement has not been tendered before the signature of the Grant Agreement.
Amendment 235 #
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 248 #
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 are made available to the Commission by the procurement agent or if it demonstrates that it has been subject to a screening within the meaning of Regulation (EU) 2019/452 and, where necessary, to mitigating measures equivalent to the conditions of paragraph 7.
Amendment 254 #
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 or the equivalent measures 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, the equivalent measures and related provisions in the procurement contract shall be made available to the Commission upon request. The guarantees and equivalent measures shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement 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 of this Regulation.
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 7 – introductory part
Article 8 – paragraph 7 – introductory part
7. The guarantees and equivalent measures shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
Amendment 269 #
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 that limits Member States’ ability to use, maintain, modify or transfer it.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. By way of derogation from paragraph 9, and in regard of the urgency of the situation and the short-term nature of the Instrument, a defence product subject to a restriction by a non- associated third country or a non- associated third country entity shall be eligible for common procurement only if the Member States or associated countries participating in the common procurement request to waive this requirement. The request shall in particular substantiate that the following conditions are cumulatively met: (a) The waiver shall only concern 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. (b) The waiver shall only concern defence products the stocks of which need to be replenished due to the new security environment in Europe, and (c) The waiver shall only concern defence products the non-availability of which, due to an absence of waiver, would put at risk the requesting Member States’ immediate ability to defend themselves’.
Amendment 275 #
Proposal for a regulation
Article 8 – paragraph 10 – introductory part
Article 8 – paragraph 10 – introductory part
10. For the purposes of this Article, and in view of criticality and urgency to procure to fulfil the objectives of this regulation, ‘subcontractors involved in the common procurement’ means all of the followingre only the ones:
Amendment 278 #
Proposal for a regulation
Article 8 – paragraph 10 – point a
Article 8 – paragraph 10 – point a
(a) subcontractors with a direct contractual relationship to a contractor;
Amendment 281 #
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 283 #
Proposal for a regulation
Article 8 – paragraph 10 – point c
Article 8 – paragraph 10 – point c
(c) subcontractors which may require access to classified informaproviding critical inputs that possess unique attributes essential for the function ing order to carry out the common procuremenf a product.
Amendment 285 #
10a. The proportion of the equipment originating from non-associated third countries shall not exceed 20 per cent 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 297 #
Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
Article 10 – paragraph 1 – point 7 a (new)
7a. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process.
Amendment 330 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Application of the rules on classified information 1. Member States and associated countries participating in a common procurement shall determine among themselves the arrangements applicable to the protection of classified information for the purposes of the common procurement, in accordance with national laws and regulations. 2. The Commission shall protect EU classified information received in relation to the Instrument in accordance with the security rules set out in Decision (EU, Euratom) 2015/444. 3. The Commission shall set up a secured exchange system in order to facilitate the exchange of sensitive and classified information between the Commission and the Member States and associated countries and, where appropriate, with the applicants and the recipients. That system shall take into account the Member States’ national security regulations.