41 Amendments of Kerstin WESTPHAL related to 2017/0125(COD)
Amendment 49 #
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence capabilities to respond to security challenges, as well as to foster a competitive and innovative European defence industry. It proposed in particular to launch a European Defence Fund to support investment in joint research and the joint development of defence equipment and technologies. The Fund would support cooperation during the whole cycle of defence product and technology development, as well as undertakings in the scope of conversion from military to civilian production.
Amendment 55 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry, inter alia particular the cyber defence industry, by supporting the cooperation between undertakings in the development phase of defence products and technologies. The Programme should lead to efficiency gains enabling the reduction of the overall defence spending in the Union. The development phase, which follows the research and technology phase, entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry. By supporting the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 TFEU and it does not cover the production of defence products and technologies.
Amendment 61 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Programme should not lead to an armament of the European Union. To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies.
Amendment 63 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) To alleviate any potential negative effects of the integration in the European defence market, the Programme should support actions aimed at converting military into civilian technologies and production lines.
Amendment 79 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 84 #
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitivenessintegration of the Union defence industry by de-bearing some of the risking of the development phase of cooperative projects, actions related to the development of a defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures as well as actions aimed at converting military production lines into civilian production lines, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 104 #
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessintegration 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. 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 110 #
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission and who shall regularly report back to the Union institutions on the status of actions funded under the Programme.
Amendment 123 #
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% 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 totalityUp to 50% of the eligible costs should however be covered for other actions in the development phase.
Amendment 127 #
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, tThe Commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually byetween the Commission and the beneficiaries.
Amendment 136 #
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be funded by the Programme, the Commission or the entities referred to in Article 58(1)(c) of Regulation N°o 966/2012 should organise competitive calls as provided for by Regulation No 966/2012. After evaluation of the received proposals with the help of an independent expert committee with transparently selected Members of the European Parliament, the Commission and defence experts from academia, think tanks or other stakeholders, excluding representatives from defence companies in order to avoid bias, the Commission will select the actions to be funded under the Programme. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission as regards the adoption and the implementation of the work programme, as well as for awarding the funding to selected actions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council7. _________________ 7 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers
Amendment 139 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) When monitoring and controlling arms exports and technologies produced with funding from the Union to countries other than NATO, EU and NATO- equivalent countries, the Commission should be assisted by a supervisory body made up of representatives of the European Parliament, the Commission, the European External Action Service and the Member States ('the Supervisory Body').
Amendment 144 #
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation and evaluation report at the end of the Programmeeach financial year, examining the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross border participation of SMEs in projects under the Programme as well as the participation of SMEs to the global value chain.
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and innovation capacity of the Union defence industry, especially cyberdefence, by supporting actions in their development phase;
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to support and leverage the cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) to support undertakings in the conversion of excess military into civil production lines;
Amendment 167 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500125 million in current prices, to be drawn exclusively from the unallocated margins under the 2014-2020 multiannual financial framework ceilings. Additional spending from the Union budget shall be compensated by savings in national defence budgets.
Amendment 181 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology as well as the technical specifications on which such design has been developed;
Amendment 183 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the prototyping of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology. A prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;
Amendment 184 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the testing of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology;
Amendment 185 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 186 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) the certification of a defence product or technology, or a product or technology supporting the undertakings’ aim to convert from military to civil production. Certification is the process according to which a national authority certifies that the product/component/technology complies with the applicable regulations;
Amendment 198 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Actions in relation to products listed in Annex A shall not be funded. Actions in relation to products listed in Annex B shall not be funded if they are developed mainly for export purposes.
Amendment 199 #
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. The action shall be in line with the tasks referred to in Article 42 TEU for peace keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.
Amendment 217 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicant shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, as well as the Union regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.
Amendment 218 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Union’s financial assistance is provided through a grant, the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator, which shall be identified in the grant agreement. The coordinator shall be the principal point of contact between the members of the consortium in relations with the Commission or the relevant funding body, unless specified otherwise in the grant agreement or in the event of non- compliance with its obligations under the grant agreement. The coordinator shall regularly report back to the Union institutions regarding the status of funded actions.
Amendment 234 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(a) efficiency gains for the overall reduction of costs for defence
Amendment 235 #
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
(b) contribution to innovative conversion of military to civilian production
Amendment 236 #
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
(c) increased or new cross-border cooperation
Amendment 240 #
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 20% 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 cost50% of the action.
Amendment 243 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall not own the products or technologies resulting from the action nor shall it have any IPR claim pertaining to the actionUnion institutions, bodies, offices or agencies enjoy, for the duly justified purpose of developing, implementing and monitoring Union policies or programmes, access rights solely to the results of a beneficiary that has received Union funding. Such access rights shall be limited to non-commercial and non- competitive use. Such access shall be granted on a royalty-free basis. With regard to results which are generated by beneficiaries that have received funding under the Programme, the agreement between the Commission and the beneficiary shall provide that the Commission may object to transfers of ownership or to grants of a licence to third parties established in a third country not associated with the Programme, if it considers that the grant or transfer is inconsistent with ethical principles of the Common Position on arms exports or security considerations. Where appropriate, the agreement between the Commission and the beneficiary shall provide that the Commission is to be notified at least six months in advance of any such transfer of ownership or grant of a licence. Non-compliance with these provisions shall be subject to the measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.
Amendment 248 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 249 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing act, shall adoptshall be empowered to adopt delegated acts to establish a multiannual a work programme for the duration of the Programme. This implementingese delegated acts shall be adopted in accordance with the examination procedure referred to in in Article 16(2). This work programme shall be in line with the objectives set out in Article 2;
Amendment 258 #
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 an independent expert committee with transparently selected representatives of the European Parliament, the Commission and defence experts from academia, think tanks or other stakeholders, excluding representatives from defence companies to avoid bias on the basis of the award criteria of Article 10.
Amendment 262 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall regularly monitor and evaluate the implementation of the programme and annually report on the progress made in accordance with Article 38(3)(e) of Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 265 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation, results, costs and, where possible, impact. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospectiven annual evaluation report and send it to the European Parliament and to the Council. The report - building on relevant consultations of Member States and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 2. It shall also analyse cross border participation of SMEs in projects implemented under the programme as well as the participation of SMEs to the global value chain.
Amendment 268 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Six months before the end of the Programme, the Commission shall establish an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme with regard to its results and impacts, the efficiency of the use of resources and its European added value. This interim evaluation report needs to be available to the European Parliament and Council before any decision on a continuation of the Programme under a new multiannual framework can be taken.
Amendment 269 #
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. The Commission shall establish a final evaluation report on the longer-term impact and sustainability of effects of the measures. All beneficiaries and other parties involved who have received Union funds under this Regulation shall provide the Commission with the appropriate data and information necessary to permit the monitoring and evaluation of the measures concerned. The Commission shall submit the reports referred to in paragraphs 2, 2a and 2b to the European Parliament and the Council.
Amendment 270 #
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. Member States shall report to the Commission or the Union Delegations on their exports of Union-funded defence technologies and equipment to non- NATO, non-EU or non-NATO equivalent countries every six months. The Commission shall setup a tracking mechanism to verify the end-use and end- users of defence technologies and equipment funded by the Programme and exported to non-NATO, non-EU or non- NATO equivalent countries and report back to the European Parliament every year.
Amendment 271 #
ANNEX A Non-eligible products · Weapons of mass destruction and related warhead technologies; · Banned weapons and munitions and weapons not compliant with international humanitarian law; · Fully autonomous weapons that enable strikes to be carried out without meaningful human control as well as IA software, dual-use and military components that leave to the machine the final decision to apply lethal force; · Weapon systems that are not regulated by international legal frameworks that have been ratified by the European Union or all EU member states individually to prevent misuse.
Amendment 272 #
Proposal for a regulation
Annex B (new)
Annex B (new)
ANNEX B Non-eligible products, when they are mainly developed for export purposes: · Small arms and light weapons.