14 Amendments of Lara COMI related to 2018/0254(COD)
Amendment 60 #
Proposal for a regulation
Recital 12
Recital 12
(12) As the Fund aims at enhancing the competitiveness, efficiency and autonomy of the Union's defence industry, 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 62 #
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. TSince the defence sector represents a particularly sensitive domain with considerable implications for the security and technological autonomy of the Union, Member States should apply at national level measures apt to ensure a uniform degree of control over the beneficiaries’ activity, being them controlled by an entity established in the European Union or in a third country. In all cases, 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.
Amendment 121 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Applicants and their subcontractors 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 122 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. With the aim at preserving the Union’s security interests, all beneficiaries will undergo controls and checks in line with the appropriate measures established at the national level, capable of guaranteeing a uniform degree of control over the activities of the beneficiary itself. This shall apply to beneficiaries controlled by an entity established in the European Union as well as to those controlled by an entity established in a third country. The measures shall in particular substantiate that, for the purpose of the actions, provisions are in place to ensure that: a) control over the undertaking is not exercised in a manner that restrains or restricts its ability to carry out the action and to deliver results, that imposes restrictions concerning its infrastructure, facilities, assets, resources, intellectual property or know-how needed for the purpose of the action, or that undermines its capabilities and standards necessary to carry out the action; (b) access by a third country or by a third country entity to sensitive information relating to the action is prevented and the employees or other persons involved in the action have national security clearances, where appropriate; (c) ownership of the intellectual property arising from, and the results of, the action remain within the beneficiary during and after completion of the action, are not subject to control or restriction by a third country or by a third country entity, and are not exported outside the Union nor is access to them from outside the Union granted without the approval of the Member State in which the undertaking is established and in accordance with the objectives set out in Article 3.
Amendment 124 #
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 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 action 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 notably that:
Amendment 127 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the control over the applicant will not be exercised in a manner that restricts in any way its ability to perform and complete the actionconditions set under paragraph 10 (1a), a), b) and c) are fulfilled;
Amendment 129 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the access by non-associatedat theird countries or by non-asso participated third country entities to classified and non- classified sensitive information relating to the action will be prevented; and theion to the Fund is solely directed to achieve competitive commercial objectives and not to peursons involved in the action will have national security clearance issued by a Member State or associated country;ue the strategic interests and goals of a third country government […]
Amendment 130 #
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 during the action and for a specified period after its completion;beneficiary does not benefit from undue competitive advantage due to subsidies, protection or below-market financing conditions obtained through the support of the controlling government.
Amendment 134 #
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. 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 147 #
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, tThe 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. 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 152 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 167 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) for actions defined in Article 11(3) f) to h) the financial assistance of the Fund shall not exceed 8100% of the eligible costs of the action.
Amendment 171 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 25 % of the totccordance with the beneficiary's usual cost accounting practices on the basis of actual indirect eligible costs, excluding direct eligible costs for subcosts provided that these cost accountracting, financial support to third paring practices are accepted by national authorities aund any unit costs or lump sums which include indirect costser comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission.
Amendment 172 #
2. Where appropriShould the beneficiary not be able to calculate, 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 actubasis of cost accounting practices referred to in Article 16(1), indirect eligible costs may be determined by applying a flat rate of 25 % of the total indirect costs provided that these cost accounting practices are accepted by national authorieligible costs, excluding direct eligible costs for subcontracting, financial support to third parties uander comparable funding schemes in accordance with Article [185] of the Financial Regulation and communicated to the Commission any unit costs or lump sums which include indirect costs. This will be allowed when the beneficiary is an SME or in the absence of accepted practices at national level.