Activities of Dominique RIQUET related to 2018/0254(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the European Defence Fund and repealing Regulation (EU) 2018/1092
Amendments (43)
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Up to 510 % of the financial envelope referred to in paragraph 1 shall be devoted to support disruptive technologies for defence.
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Resources allocated to Member States under shared management may, at their request, be transferred to the Fund. The Commission shall implement those resources directly in accordance with Article [62(1)(a)] of the Financial Regulation. Where possible tThose resources shall be used for the benefit of the Member State concerned.
Amendment 58 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 60 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 61 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 62 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 68 #
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. At least three of these eligible entities established in at least two Member States and/or associated countrwo Member States. These entities 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 70 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) contribution to reducing the European defence industry's dependence on and increasing its strategic autonomy with regard to technologies or products controlled and/or subject to authorisation by a third country or one of its entities;
Amendment 80 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. At the end of the implementation period but no later than four years after the 31 December 203127, a final evaluation of the Fund implementation shall be carried out by the Commission. The final evaluation report shall include the results of the implementation and to the extent possible given timing the impact of the Fund. The report - building on relevant consultations of Member States and associated countries and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 3. It shall also analyse cross border participation, including of SMEs and mid-caps in projects implemented under the Fund as well as the integration of SMEs and Mid-caps in the global value chain. The evaluation shall also contain information on the countries of origin of the recipients and, where possible, the distribution of the generated intellectual property rights.
Amendment 146 #
Proposal for a regulation
Recital 21
Recital 21
(21) Stakeholders in the defence sector are facing specific indirect costs, such as costs for security. Furthermore, stakeholders are working in a specific market where they – without any demand on the buyers' side – cannot recover the research and development costs like in the civilian sector. Therefore, it is justified to allow a flat rate of 25 % as well as the possibility, on a project base, to charge indirect costs calculated in accordance with the usual accounting practises of beneficiaries if these practises are accepted by their national authorities under comparable national funding schemes, which have been communicated to the Commission. The authorising officer responsible should justify its decision to accept indirect eligible costs beyond the flat rate of 25 % in the work programme or in the call for proposals.
Amendment 155 #
Proposal for a regulation
Recital 27
Recital 27
(27) An integrated approach should be ensured by bringing together activities covered by the Preparatory Action on Defence Research launched by the Commission within the meaning of Article [58 (2) (b)] of Regulation (EU, Euratom) 2018/…of the European Parliament and of the Council (the ‘Financial Regulation’) and the European Defence Industrial Development Programme established by Regulation (EC) No … of the European Parliament and of the Council and to harmonise the conditions for participation, to create a more coherent set of instruments, to increase the innovative, collaborative and economic impact, while avoiding unnecessary duplication and fragmentation. With this integrated approach, the Fund would also contribute to a better exploitation of the results of defence research, covering the gap between research and development taking into account the specificities of the defence sector, and promoting all forms of innovation, and as positive spillover effects can be expected, where applicable, in the civil field, including disruptive innovation where possible failure should be accepted.
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 190 #
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, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund willThe Fund will also have to lead to greater interoperability between Member States' capabilities, while promoting the standardisation of military systems.
Amendment 211 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Up to 510 % of the financial envelope referred to in paragraph 1 shall be devoted to support disruptive technologies for defence.
Amendment 217 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Resources allocated to Member States under shared management may, at their request, be transferred to the Fund. The Commission shall implement those resources directly in accordance with Article [62(1)(a)] of the Financial Regulation. Where possible tThose resources shall be used for the benefit of the Member State concerned.
Amendment 226 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission mayshall define, on a case by case basis, find the most appropriate form of funding to finance innovative solutions.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 242 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 247 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Fund shall be implemented in direct management by the Commission in accordance with the Financial Regulation.
Amendment 273 #
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 necessaryessential 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 informaundertake to take action demonstrating notably that:
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
b) the access by non-associated third countries or by non-associated third country entities to classified and non- classified sensitive information relating to the action will be prevented for non- classified sensitive information subject to the provisions of Article [30(1)(d)] of this Regulation for classified information; and the persons involved in the action will have national security clearance issued by a Member State or associated country;
Amendment 284 #
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 and shall not be made available outside the Union without the approval of the Member State in which the undertaking is established or other non- associated third country entities during the action and for a specified period after its completion;
Amendment 295 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3 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 necessaryessential for achieving the objectives of an action and provided that this will not put at risk the security 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 301 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the event of a change during the implementation of an action which might question the fulfilment of those criteria and conditions, the beneficiary shall inform the Commission, which shall assess whether those criteria and conditions are still met and address the potential impact (suspension, cancellation) on the funding of the action.
Amendment 304 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Fund shall provide support for actions covering both new and upgrade of existing products and technologies where the use of pre-existing information or technologies needed to perform the upgrade is not subject, directly or indirectly to a restriction by non-associated third countries or non- associated third country entities.
Amendment 307 #
Proposal for a regulation
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
c) studies, such as feasibility studies to explore the feasibility of a new or improved technology, product, process, service, solution or statistics on the defence industry and projects to pilot the collection of data;
Amendment 319 #
Proposal for a regulation
Article 11 – paragraph 3 – point j
Article 11 – paragraph 3 – point j
j) dissemination activities, networking events and awareness-raising activities.
Amendment 324 #
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. At least three of these eligible entities established in at least two Member States and/or associated countrwo Member States. These entities 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 360 #
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) contribution to reducing or eliminating the European defence industry’s dependence on technologies or products controlled and/or subject to authorisation by a third country or one of its entities;
Amendment 371 #
3. For development actions the funding rate shall be increased, without being allowed to exceed the total eligible cost, in the following cases:
Amendment 379 #
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 total direct eligible costs, exincluding direct eligible costs for subcontracting, financial support to third parties and any unit costs or lump sums which include indirect costs.
Amendment 386 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where appropriate, iIndirect 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 391 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For grants awarded to actions referred to Article 11(3)(e) and other actions where Member States and/or associated countries finance the major partmore than 50% of the budget, the Commission may use:
Amendment 397 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The results of the actions shall be owned by the beneficiaries generating them. Where legal entities jointly generate results, and where their respective contribution cannot be ascertained, or where it is not possible to separate such joint results, the legal entities shall have joint ownership of the results, unless specifically provided otherwise by agreement between the legal entities.
Amendment 399 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If justified tThe grant agreement may require that the results of actions receiving support from the Fund shall not be subject to any control or restriction, directly or indirectly through one or more intermediate legal entities, including in terms of technology transfer by a non- associated third country or by a non- associated third country entity, unless provided for in the grant agreement.
Amendment 403 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 418 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. With regard to results generated by recipientsof actions covered by this Regulation, the Commission shall be notified of any transfer of ownership or grant of a licence to non-associated third countries. Such transfer of ownership or granting of a licence shall not contravene the defence and security interests of the Union and its Member States or the objectives this Regulation as set out in Article 3, otherwise it will necessitate reimbursement of the funding provided under the Fund.
Amendment 439 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Independent experts shall be chosen on the basis of their skills, experience and knowledge appropriate to carry out the tasks assigned to them. The Commission must also ensure that experts do not assess, advise or assist on matters in which they have a conflict of interest.
Amendment 441 #
3. In order to facilitate exchange of sensitive information between the Commission, the recipients and, where applicable the Member states, the Commission shall set up an secure electronic exchange system.
Amendment 443 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall regularly monitor the implementation of the Fund and annually report to the Council and the European Parliament on the progress made. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 449 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. At the end of the implementation period but no later than four years after the 31 December 203127, a final evaluation of the Fund implementation shall be carried out by the Commission. The final evaluation report shall include the results of the implementation and to the extent possible given timing the impact of the Fund. The report - building on relevant consultations of Member States and associated countries and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 3. It shall also analyse cross border participation, including of SMEs and mid-caps in projects implemented under the Fund as well as the integration of SMEs and Mid-caps in the global value chain. The evaluation shall also contain information on the countries of origin of the recipients and, where possible, the distribution of the generated intellectual property rights.