37 Amendments of Norica NICOLAI related to 2017/0125(COD)
Amendment 100 #
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 should be eligible for support, as direct beneficiaries or subcontractors. 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 104 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The international nature of the value and supply chains in the defence industry is a reality that must be honed rather than suppressed, done so in a way that guarantees Europe’s security interests.Whereas the security interests of the European Union are indelibly connected to its non-EU partners on the continent.As such, an undertaking for which the participation of an SME subcontractor or third party originating in an EFTA member state remains eligible to receive funding under the Programme, provided that participants show that the goods and/or services provided by these subcontractors or third parties are vital to the completion of a project, that these same good and/or services cannot be obtained in an EU member state, and that the EU’s security interests are defended.
Amendment 122 #
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or intcoopernational cooperativeve capability initiatives, such as in the NATO context, and serving the Union security and defence interest, may also be taken into account.
Amendment 133 #
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 2035% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totality of the eligible costs should however be covered for other actions in the development phase by Member States or by private sources.
Amendment 143 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should establish a multiannual work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of Member Stateswithin the meaning of Regulation (EU) 182/2011 (hereinafter referred to as Programme Committee). In light of the Union policy on Small and Medium Enterprises (SMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans-national collaboration, it is of importance that the work programme will reflect and enable such cross-border participation of SMEs and that therefore a proportion of the overall budget will benefit such action.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) to support the creation of a common definition of technical specifications;
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) To foster better exploitation of the results of defence research and contribute tothus closing the gaps between research and development, by encouraging the production of the researched products and technologies.
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 1 – point –a (new)
Article 6 – paragraph 1 – point –a (new)
(-a) studies such as feasibility studies and other accompanying measures;
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product, tangible or intangible component or technology as well as the technical specifications on which such design has been developed which may include partial tests for risk reduction in an industrial or representative environment;
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) development of technologies or assets increasing efficiency across the life cycle of defence products and technologies.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three different undertakings which are established in at least two different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 227 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Consortia as defined in Article 9(1) shall offer proof of viability via a demonstration that the remaining costs of the eligible action which are not covered by the EU support will be covered by other means of financing such as Member States’ contributions.
Amendment 228 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When it relates to actions defined underFor actions described in points (b) to (f) of the first paragraph, the action must be based on common technical specificationsconsortia shall prove their contribution to the competitiveness of the European defence industry through the demonstration that at least two Member States intend to jointly procure the final product or use the technology in a coordinated way, including joint procurement where applicable.
Amendment 245 #
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 undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors 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 action or the production.
Amendment 251 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. By derogation from paragraph 1, an undertaking that includes the participation of an SME subcontractor or third party originating in an EFTA Member State is eligible under the following conditions: a) That the participants show that the goods and/or services provided by these SME subcontractors or third parties are vital to the completion of a project; b) That these same good and/or services cannot be obtained in an EU Member State; c)That the Member State in which the undertaking is located provides sufficient assurances, in accordance with national procedures, that this would not contravene the security and defence interests of the Union and its Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU.
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. For the purposes of the actions funded under the Programme, thebeneficiaries and their subcontractors shall not be subject to control bynon-EU States or by non-EU entities.
Amendment 263 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2 b. Member States, in cooperation with the European Defence Agency and the External Action Service, should ensure that information about the Programme is adequately distributed to ensure that SMEs have access to information related to the Programme.
Amendment 265 #
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Declaration by applicantsconsortia
Amendment 268 #
Proposal for a regulation
Article 9 – paragraph –1 (new)
Article 9 – paragraph –1 (new)
-1. A consortium for the purpose of the Regulation is a group of undertakings as defined in Article 6(2) wishing to participate in an action under the Programme, and that meet the eligibility criteria laid down in this Regulation.The beneficiaries that will receive funding pursuant to the award procedure in Article 14 shall also be considered a consortium for the purpose of this Regulation.
Amendment 271 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The members of a consortium participating in an action shall be considered beneficiaries as defined in Article 7(1).
Amendment 279 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) excellencecontribution to excellence in particular by showing that the proposed work goes beyond the state of the art by showing significant advantages over existing products or technologies;
Amendment 282 #
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(a a) contribution to innovation in particular by showing that the proposed actions include ground-breaking or novel concepts and approaches, new promising future technological improvements or the application of technologies or concepts previously not applied in defence sector;
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) contribution to the innovation and technological development ofdustrial autonomy of the European defence industriesy and thus to fostering the industrial autonomy of the Union in the field of defence technologies; and,o the security and defence interests of the Union in line with defence capability priorities commonly agreed by Member States within the Union and, where appropriate, regional and international cooperative agreements;
Amendment 291 #
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(c a) contribution to the unification of technical specifications;and
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) viability notably via a demonstration by the beneficiaries that the remaining costs of the eligible action are covered by other means of financing such as Member States’ contributions and private sources of funding; and
Amendment 297 #
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) for actions described in points (b) to (ef) of Article 6(1), the contribution to the competitivenessfurther integration of the European defence industrysector through the demonstration by the beneficiaries that Member States have commitintend to jointly produce and procureuse, own or maintain the final product or technology in a coordinated way, including joint procurement where applicable.
Amendment 300 #
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(e a) the proportion of the overall budget of the action to be allocated to the participation of SMEs established in the European Union bringing added value, either as members of the consortium, as subcontractors or as other undertakings in the supply chain, and in particular to SMEs which are established in the Member States other than those where the undertakings in the consortium which are not SMEs are established;
Amendment 302 #
Proposal for a regulation
Article 10 – paragraph 1 – point e b (new)
Article 10 – paragraph 1 – point e b (new)
(e b) Non-fulfilment of any of these criteria shall not be considered eliminatory.
Amendment 309 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 2035% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to the total cost of the action.
Amendment 316 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. If a consortium is developing an action related to the items as defined in Article 5(1), in the context of Permanent Structured Cooperation, it may benefit from a funding rate increased by an additional 10 percentage points.
Amendment 320 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2 b. If a consortium is developing an action as defined in Article 5(1) and commits to allocate at least 5% of the of the eligible cost of the action to SMEs which are established in the EU, it may benefit from a funding rate increased by percentage points equivalent to the percentage of the cost of the action allocated to SMEs but not exceeding 8 percentage points.
Amendment 330 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The work programme shall set out in detail the categories of projects to be funded under the Programme, the type of financing and the allocated budget, including the maximum funding rates, and the desired categories of eligible actions as defined in Article 5(1), including where appropriate the evaluation methodology including weightings and minimum thresholds for the fulfilment of the award criteria.
Amendment 338 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The work programme shall ensure that at least10% of the overall budget will benefit the cross-border participation of SMEs;in addition, a specific category of projects dedicated to SMEs shall be established by the work programme.
Amendment 343 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by independent experts on the basis of the award criteria of Articleto be validated upon request by Member States, on the basis of the eligibility and award criteria set out in Articles 6, 7, 8and 10.
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency shall be invited as observerto provide its views and recommendations. The EEAS shall also be invited to attend the Programme Committee.
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The Commission shall provide an interim report, halfway through the implementation of the Programme, that will include an assessment of the governance of the Programme, implementation rates, project award results including SMEs and Mid-caps involvement and the degree of their cross- border participation, and funding granted in accordance with Article 190 of Commission Delegated Regulation (EU) No 1268/12 as set out in Article 14(1), by 30 July 2019.