19 Amendments of Arnaud DANJEAN related to 2018/0254(COD)
Amendment 64 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The Fund should also take into account the Action Plan on Military Mobility as part of the Connecting Europe Facility, the European Peace Facility to support, among others, the CFSP/CSDP Missions, and the efforts to counter Hybrid Threats that together with the CDP, CARD and PESCO help to coordinate capability planning, development, procurement and operations.
Amendment 68 #
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 work programmes should take into account the initial lessons learned from the implementation of the EDIDP, the Pilot Project and the Preparatory Action on Defence Research. 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.
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'development action' means any action consisting primariexclusively of defence- oriented activities in the development phase, covering new products or technologies or the upgrading of existing ones, excluding the production or use of weapons;
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy and in particular in the context of the Capability Development Plan of the Common Security and Defence Policy, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and the over dependence on imports from third countries and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead to greater and increasing standardisation and interoperability between Member States' capabilities.
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment. Ethics screenings and assessments shall be carried out by the Commission with the support of defence experts on defence ethics. All experts shall be required to be validated by the Member State that has issued their security clearance. The appropriate security clearance shall be required before appointment. The Commission shall ensure the transparency of the ethics procedures as much as possible.
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors involved in the action shall be eligible for funding provided that they are established in the Union or in an associated country, have their executive management structures in the Union or in an associated country and are not controlled by a non- associated third country or by a non- associated third country entity.
Amendment 144 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established and having its executive management structure in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the actionprogramme and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notablycommit to implement measures before the beginning of the action ensuring that:
Amendment 147 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non- associated third countries or other non- associated third country entities duringand cannot be exported or given access outside the actUnion and for a specified periowithout the approval of the Member State in which the undertaking is established in, during and after its completion;
Amendment 148 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries and shall not be subject to any control or restriction by a non-associated third country or by a non-associated third entity. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall cooperate only with legal entities established in the Union or in an associated country and not controlled by non-associated third countries or non- associated third country entities.
Amendment 151 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3, if there are no competitive substitutes readily available in the Union, and if this usage would not contravene the security and defines interests of the Union and its Member States, beneficiaries and subcontractors involved in the action may use their assets, infrastructure, facilities and resources located or held on the territory of a non- associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security and the defence interests of the Union and its Member States. Under the same conditions, when performing an eligible action, beneficiaries and their subcontractors may cooperate with an entity established in a non- associated third country. The costs related to the use of such infrastructure, facilities, assets or resources and to such cooperation shall not be eligible under the Fund.
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. Every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different Member States. At least three of these eligible entities established in at least two Member States and/or associated countries shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other.
Amendment 177 #
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) contribution to the industrial autonomy of the European defence industry and to the security and defence interests of the Union by enhancing defence technologies or products in line with defence capability priorities agreed by Member States within the framework of the Common Foreign and Security Policy;
Amendment 184 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) contribution to the creation of new cross-border cooperation between legal entities, in particular for SMEs which are established in Member States and/or associated countries other than those where the entities in the consortium which are not SMEs are established;
Amendment 199 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriatAs an alternative, indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary's usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission.
Amendment 208 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The grant agreement shall, if justified, lay down the right of the Commission to be notified of and object to the transfer of ownership to results or to the granting of a license regarding results to a non-associated third country or a non- associated third country entity. Such transfers shall not contravene the defence and security interests of the Union and its Member States or the objectives of this Regulation as set out in Article 3. These provisions do not affect the export of products, equipment nor technologies integrating results, and no dot affect the discretion of Member States and associated countries regarding policy on the export of defence and related products.
Amendment 209 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. The national authorities of Member States and associated countries shall enjoy access rights to the special report of a project that has received Union funding. The capacity to manage classified information and the need to know about military projects must be fully preserved and only the information strictly necessary for the evaluation of the project should be transmitted. Such access rights shall be granted on a royalty-free basis and transferred by the Commission to the Member States and associated countries after ensuring that appropriate confidentiality obligations are in place.
Amendment 226 #
Proposal for a regulation
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. During the elaboration of the work programmes, and before the award of funding, the Commission shall ensure, through appropriate consultations with the Committee, that the proposed research or development actions avoid duplication with existing capabilities or already funded research or development projects within the EU. In case a duplication is identified, the Commission shall carry out further consultations.
Amendment 227 #
Proposal for a regulation
Article 27 – paragraph 1 b (new)
Article 27 – paragraph 1 b (new)
1b. The work programmes shall set out the categories of projects to be funded under the Programmes. Those categories shall be in line with the defence priorities referred to in Article 3.
Amendment 230 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall be assisted by a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency shall be invited as an observer to provide its views and expertise. The European External Action Service shall also be invited to assist. The Committee shall also meet in special configurations, including in order to discuss defence and security aspects;