3 Amendments of Neena GILL related to 2017/0125(COD)
Amendment 94 #
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals or subsidiaries of third country undertakings located in the Union where the Member States participating in the Programme provide that undertaking with security clearances and the subsidiary contributes to the Union competitiveness in Defence should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertak. The infrastructure, facilities, assets and resources used by the beneficiaries, including subcontractors and other third parties, ing and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, allctions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action. The use of those infrastructures, facilities, assets and resources used by the participants, including subshall not be subject to control or restrictions by third countractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the actionies or third- country entities. The beneficiaries’ ultimate controlling company may be headquartered outside of the Union provided that there are sufficient safeguards in place to protect the Union’s IPR and security interests thereby providing effective control within the meaning of Article 6(3).
Amendment 250 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Where an undertaking’s ultimate controlling company is located outside of the Union, it shall only be eligible for funding provided the following cumulative conditions are met as determined by the Ministries of Defence of each Member State that participates in the action: 1.The undertaking offers products, assets or technologies of which there is no Union equivalent that may be used as an alternative; 2.The use of that undertaking does not contravene the security and defence interests of the Union; 3.The Ministry of Defence of the Member State where the undertaking is located has provided that undertaking with security clearance and demands that ‘Chinese walls’ exist between the subsidiary and the ultimate controlling company that prevent essential know-how, technologies from being moved to the ultimate controlling company; 4.Any ownership of know-how and IPR that arises through use of the Programme does not leave the Union; 5.The ultimate controlling company, nor the third country where it is located, does not control or restrict the use of know- how, technologies and IPR arising through use of the Programme.