22 Amendments of Geoffrey VAN ORDEN related to 2018/0254(COD)
Amendment 25 #
Proposal for a regulation
Recital 3
Recital 3
(3) Following an integrated approach and in order to contribute to the enhancement of the global competitiveness and innovation capacity of the Union's defence industry, a European Defence Fund should be established. The Fund should aim at enhancing the global competitiveness, innovation, and efficiency and autonomy of the Union's defence industry thereby contributing to the Union's strategic autonomy by supporting the cross border cooperation between Member States, third countries and between enterprises, research centres, national administrations, international organisations and universities, in the research phase and in the development phase of defence products and technologies. To achieve more innovative solutions and an open internal market, the Fund should support the cross-border participation of defence small and medium sized enterprises (SMEs) and middle capitalisation companies (mid-caps).
Amendment 27 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The fund should support research associated with disruptive or cutting-edge technologies for defence purposes at an early, theoretical stage of development.
Amendment 30 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The fund should support public- private sector partnerships on defence projects, recalling the success of commercially driven projects in the past.
Amendment 32 #
Proposal for a regulation
Recital 8
Recital 8
(8) The difficulty toin agreeing on consolidated defence capability requirements and common technical specifications or standards sometimes hampers cross- border collaboration between Member States and between legal entities based in different Member States. THowever, the absence of such requirements, specifications and standards has not in themselves led to increased fragmentation of the defence sector, technical complexity, delays and inflated costs as well as decreased interoperabilitas militarily and commercially successful projects, through industrial collaboration, such as the Jaguar, Tornado and Eurofighter/Typhoon, have shown. It is expertly recognised that the main drivers of inefficiency include the arrangements for work-sharing, procurement and industrial management. The use of a single prime contractor with programme responsibility, work-sharing based on competitiveness, and a small number of partners, are the bases for maximising efficiency. The agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness. Activities of Member States leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the Fund.
Amendment 34 #
Proposal for a regulation
Recital 9
Recital 9
(9) As the objective of the Fund is to support the competitiveness, efficiency and innovation of the Union defence industry by leveraging and complementing collaborative defence research and technology activities and de-risking the development phase of cooperative projects, actions related to the research and development of a defence product or technology should be eligible to benefit from it. This will also apply to the upgrade, including the interoperability thereof, of existing defence products and technologies.
Amendment 41 #
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, and efficiency and autonomy of the Union's defence industryies, only entities established in the Union or associated countries and not subject to control by non- associated third countries or non-associated third country entities should in principle be eligible for support. 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 used by the recipients and their subcontractors in actions supported by the Fund should not be located on the territory of non- associated third countries.
Amendment 44 #
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non-associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non- associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. The participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action. Countries subject to economic sanctions or other restrictive measures, and their companies, will not be eligible for funding.
Amendment 47 #
Proposal for a regulation
Recital 15
Recital 15
(15) In case a development action supported by the Fund is managed by a project manager appointed by Member States or associated countries, the Commission should informconsult with the project manager prior to executing the payment to the recipient so that the project manager can ensure that the time-frames are respected by the recipients. Under certain circumstances, the project manager could provide the Commission with its observations on the progress of the action so that the Commission can validate whether the conditions to proceed to the payment are fulfilled.
Amendment 51 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specificities of the defence industry where demand comes almost exclusively from Member States and associated countries, which also control all acquisition of defence-related products and technologies, including exports, the functioning of the defence sector is unique and does not follow the conventional rules and business models that govern more traditional markets. Industry therefore cannot undertake substantial self-funded defence Research and Development (R&D) projects and Member States and associated countries normally partially or fully fund all R&D costs. To achieve the objectives of the Fund, notably to incentivise cooperation between companies from different Member States and associated countries, and taking into account the specifics of the defence sector, up to totality of the eligible costs should be covered for actions that take place ahead of the development of prototypes phase.
Amendment 55 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the funded actions will contribute to the competitiveness and efficiency of the European defence industryies, it is important that Member States already intend to jointly procure the final product or use the technology, notably through joint cross- border procurement, where Member States jointly organise their procurement procedures in particular with the use of a central purchasing body. As defence ministries will be the predominant customers of the results of EDF-funded projects, those countries which are potential partners must be directly involved in the project at the earliest stage in order to assure their military requirements and to fully engage their expertise.
Amendment 59 #
Proposal for a regulation
Recital 23
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, regional and international priorities, including those in the North Atlantic Treaty Organisation context, mayshould also be taken into account if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account acknowledging that unnecessary duplication should be avoided.
Amendment 63 #
Proposal for a regulation
Recital 24
Recital 24
(24) Eligible actions developed in the context of Permanent Structured Cooperation (PESCO) in the institutional framework of the Union should ensure enhanced cooperation between legal entities in the different Member States and associated partners on a continuous basis and thus directly contribute to the aims of the Fund. If selected, such projects should thus be eligible for an increased funding rate.
Amendment 69 #
Proposal for a regulation
Recital 31
Recital 31
(31) The Commission should establish annual or multiannual work programmes in line with the objectives of the Fund. The Commission should be assisted in the establishment of the work programme by a committee of Member States. In order to benefit from its expertise in the defence sector, the European Defence Agency will be given the status of an observer in the committee. Given the specificities of the defence area, the European External Action Service should also assist in the committee of Member States and associated third countries should have observer status wherever appropriate.
Amendment 79 #
Proposal for a regulation
Recital 41
Recital 41
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Fund is to foster the competitiveness, efficiency and innovation capacity of defence equipment and technology of the European defence industry, by supporting collaborative actions and cross-border cooperation between legal entities throughout the Union and associated countries, including SMEs and mid-caps as well as fostering the better exploitation of the industrial potential of innovationve capacity of European defence industries, research and technological development, at each stage of the industrial life cycle, thus contributing to the Union strategic autonomy. The Fund should also contribute to the freedom of action of the Union and its autonomy, in particular in technological and industrial terms of defence equipment and technology.
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The Fund shall be open to the European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement. Funds may also be made available to associated countries or other close partner countries, under future agreements.
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Given that, after Brexit, the United Kingdom will still be a close ally and partner of the European Union, with one of the most significant defence industrial capabilities in Europe, arrangements should be made to enable the fullest possible UK participation in EDF projects.
Amendment 136 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 153 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. For determining the eligibility of a non-associated third country or non- associated third country entity, the Commission shall act by means of implementing acts adopted in accordance with the procedure referred to in Article 28 paragraph 2.
Amendment 240 #
2. Independent experts shall be Union's citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, universities, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] of the Financial Regulation, this list shall not be made public.
Amendment 247 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. In order to facilitate exchange of classified and sensitive information between the Commission, the recipients and, where applicable the Member states and associated states, the Commission shallmay set up an electronic exchange system.
Amendment 261 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. If necessary, and with approval of Council, appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 4 paragraph 4, to enable the management of actions not completed by 31 December 2027.