Next event: Amendments tabled in committee 2023/02/13
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Joint Responsible Committee | ['AFET', 'ITRE'] | GAHLER Michael ( EPP), KRASNODĘBSKI Zdzisław ( ECR) | SKYTTEDAL Sara ( EPP), YONCHEVA Elena ( S&D), ZORRINHO Carlos ( S&D), RIQUET Dominique ( Renew), TUDORACHE Dragoş ( Renew), DALUNDE Jakop G. ( Verts/ALE), NEUMANN Hannah ( Verts/ALE), BONFRISCO Anna ( ID), MARIANI Thierry ( ID), KRASNODĘBSKI Zdzisław ( ECR), BOTENGA Marc ( GUE/NGL), WALLACE Mick ( GUE/NGL) |
Committee Opinion | BUDG | RESSLER Karlo ( EPP) | Dimitrios PAPADIMOULIS ( GUE/NGL), Nils TORVALDS ( RE), Rasmus ANDRESEN ( Verts/ALE), Joachim KUHS ( ID), Margarida MARQUES ( S&D), Bogdan RZOŃCA ( ECR) |
Committee Opinion | IMCO | IJABS Ivars ( Renew) | Adam BIELAN ( ECR), Andreas SCHWAB ( PPE), Sven MIKSER ( S&D), Malte GALLÉE ( Verts/ALE) |
Committee Opinion | CONT | HOHLMEIER Monika ( EPP) | Maria GRAPINI ( S&D), Olivier CHASTEL ( RE), Joachim KUHS ( ID) |
Lead committee dossier:
Legal Basis:
RoP 57, RoP 58, TFEU 173-p3
Legal Basis:
RoP 57, RoP 58, TFEU 173-p3Subjects
Events
PURPOSE: to establish the European defence industry reinforcement through common procurement act.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the invasion of Ukraine by Russia on 24 February 2022 and the ongoing armed conflict in Ukraine has led to the return of high-intensity warfare and territorial conflict in Europe , requiring a significant increase in the capacity of Member States to fill the most urgent and critical gaps, especially those exacerbated by the transfer of defence products to Ukraine.
The EU Heads of State or Government, meeting in Versailles on 11 March, committed to ‘bolster European defence capabilities’ in light of the Russian military aggression against Ukraine. The Versailles declaration notably states that Member States should: (i) increase defence expenditures; (ii) step up cooperation through joint projects; (iii) close shortfalls and meet capability objectives; (iv) boost innovation including through civil/military synergies; (v) strengthen and develop the EU defence industry, including SMEs.
While cooperation presents several obvious advantages (increased interoperability, reduced unit and maintenance costs) EU Member States continue to procure defence systems in a mostly national manner . According to European Defence Agency Data for 2020, EU Member States invested only EUR 4.1 billion in collaborative defence equipment procurement (11% of their total spending), a 13% decrease compared to 2019. This is far below the 35% benchmark to which Member States committed. Fragmentation of the demand side of the defence market results into a series of problems and inefficiencies, including on the supply side, while increasing maintenance costs of a plethora of different systems.
Incentivising joint procurement is therefore a necessity . The current situation requires a policy intervention at EU level to improve the level of cooperation by incentivising financial cooperation between Member States in the defence procurement process.
CONTENT: the proposal aims at establishing a short-term instrument to enhance Member States' collaboration in the defence procurement phase . It will incentivise Member States to pursue collaborative actions and in particular, when they procure in order to fill these gaps, to do so jointly, increasing the level of interoperability and strengthening and reforming their defence industrial capabilities.
The Instrument will help to reinforce and develop the Union defence industrial base to allow it to address the industrial gaps relative to the most urgent and critical defence products needs especially those revealed or exacerbated by the response to the Russian aggression against Ukraine.
The proposed Instrument will complement existing EU programmes such as the European Defence Industrial Development Programme and the European Defence Fund as well as EU defence initiatives such as the Permanent Structured Cooperation (PESCO). It will also generate synergies with the implementation of the Strategic Compass for Security and Defence and other EU programmes. In order to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities.
The Instrument also takes up the European Defence Fund’s approach when it comes to forbidding support for goods or services, which are prohibited by applicable international law, or lethal autonomous weapons without the possibility for meaningful human control over selection and engagement decisions when carrying out strikes against humans.
The financial envelope for the implementation of the Instrument for the period from period from the entry into force to 31 December 2024 shall be EUR 500 million in current prices.
Documents
- Amendments tabled in committee: PE742.484
- Committee draft report: PE740.720
- Contribution: COM(2022)0349
- Contribution: COM(2022)0349
- Contribution: COM(2022)0349
- Economic and Social Committee: opinion, report: CES3971/2022
- Legislative proposal published: COM(2022)0349
- Legislative proposal published: EUR-Lex
- Economic and Social Committee: opinion, report: CES3971/2022
- Committee draft report: PE740.720
- Amendments tabled in committee: PE742.484
- Contribution: COM(2022)0349
- Contribution: COM(2022)0349
- Contribution: COM(2022)0349
Activities
- Fabio Massimo CASTALDO
Plenary Speeches (0)
- Jakop G. DALUNDE
Plenary Speeches (0)
- Michael GAHLER
Plenary Speeches (0)
- Zdzisław KRASNODĘBSKI
Plenary Speeches (0)
- David McALLISTER
Plenary Speeches (0)
- Kostas PAPADAKIS
Plenary Speeches (0)
- Evelyn REGNER
Plenary Speeches (0)
- Pirkko RUOHONEN-LERNER
Plenary Speeches (0)
- Tom VANDENKENDELAERE
Plenary Speeches (0)
- Carlos ZORRINHO
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Marc BOTENGA
Plenary Speeches (0)
- Hannah NEUMANN
Plenary Speeches (0)
- Tomas TOBÉ
Plenary Speeches (0)
- Dragoş TUDORACHE
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Roman HAIDER
Plenary Speeches (0)
- Karlo RESSLER
Plenary Speeches (0)
- Bogdan RZOŃCA
Plenary Speeches (0)
- Eugen TOMAC
Plenary Speeches (0)
- Elena YONCHEVA
Plenary Speeches (0)
- Jean-Lin LACAPELLE
Plenary Speeches (0)
- Ladislav ILČIĆ
Plenary Speeches (0)
Amendments | Dossier |
129 |
2022/0219(COD)
2023/02/01
IMCO
129 amendments...
Amendment 100 #
Proposal for a regulation Article 8 – paragraph 9 a (new) 9 a. In regard of the urgency of the situation, a defence product subject to a restriction to transfer by a non-associated third country or a non-associated third country entity may be declared eligible by the Commission where the Member States or associated countries participating in the common procurement have demonstrated that this derogation only concerns defence products being in use prior to 24 February 2022 within the Armed Forces of all Member States or associated countries participating in the common procurement.
Amendment 101 #
Proposal for a regulation Article 8 – paragraph 10 – introductory part 10. For the purposes of this Article, ‘subcontractors involved in the common procurement’ means a
Amendment 102 #
Proposal for a regulation Article 8 – paragraph 10 – point a Amendment 103 #
Proposal for a regulation Article 8 – paragraph 10 – point a Amendment 104 #
Proposal for a regulation Article 8 – paragraph 10 – point b Amendment 105 #
Proposal for a regulation Article 8 – paragraph 10 – point b (b)
Amendment 106 #
Proposal for a regulation Article 8 – paragraph 10 – point b (b) other subcontractors to which at
Amendment 107 #
Proposal for a regulation Article 8 – paragraph 10 – point c Amendment 108 #
Proposal for a regulation Article 8 – paragraph 10 – point c a (new) (c a) The content of the defence products originating from the EU, for all its components, shall represent at least 80% of the value of the defence products commonly procured. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 109 #
Proposal for a regulation Article 8 – paragraph 10 a (new) 10 a. The cost of components originating in non-associated third countries shall not exceed 30 per cent of the value of the procured end product.
Amendment 110 #
Proposal for a regulation Article 8 – paragraph 10 a (new) 10 a. The proportion of the equipment originating from non-associated third countries shall not exceed 25% of the value of the end product. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 111 #
Proposal for a regulation Article 8 – paragraph 10 a (new) 10 a. The cost of components originating in non-associated third countries shall not exceed 20 percent of the value of the end product. No components shall be sourced from non- associated third countries that contravene the security and defence interests of the Union and its Member States, in particular Russia.
Amendment 112 #
Proposal for a regulation Article 8 – paragraph 10 a (new) 10 a. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
Amendment 113 #
Proposal for a regulation Article 8 – paragraph 10 b (new) Amendment 114 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) public
Amendment 115 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) public
Amendment 116 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) public authorities of associated
Amendment 117 #
Proposal for a regulation Article 9 – paragraph 1 – point b a (new) (b a) procurement agents referred to in Article 2(5)
Amendment 118 #
Proposal for a regulation Article 10 – paragraph 1 – point 1 1.
Amendment 119 #
Proposal for a regulation Article 10 – paragraph 1 – point 1 Amendment 120 #
Proposal for a regulation Article 10 – paragraph 1 – point 1 1. The
Amendment 121 #
Proposal for a regulation Article 10 – paragraph 1 – point 1 1. The contribution of the action to strengthening and developing the
Amendment 122 #
Proposal for a regulation Article 10 – paragraph 1 – point 1 a (new) 1 a. the demonstration of the action’s contribution to the replenishment of stockpiles, including those that have been depleted as a result of the response to the military aggression against Ukraine, as well as the replacement and reinforcement of capabilities as referred to in Article 3;
Amendment 123 #
Proposal for a regulation Article 10 – paragraph 1 – point 2 Amendment 124 #
Proposal for a regulation Article 10 – paragraph 1 – point 2 2. the contribution of the action to competitiveness and adaptation of the EDTIB, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, security of supply and overall modernization;
Amendment 125 #
Proposal for a regulation Article 10 – paragraph 1 – point 3 Amendment 126 #
Proposal for a regulation Article 10 – paragraph 1 – point 3 3. the contribution of the action to strengthening coo
Amendment 127 #
Proposal for a regulation Article 10 – paragraph 1 – point 4 Amendment 128 #
Proposal for a regulation Article 10 – paragraph 1 – point 4 4. the number of Member States or associated countries participating in the common procurement, the value of defence product transfers to Ukraine, proportional to population and GDP and decrease in defence product stockpiles since 24 February 2022;
Amendment 129 #
Proposal for a regulation Article 10 – paragraph 1 – point 4 4. the number of Member States or associated countries or third countries that are candidates for accession to the European Union participating in the common procurement;
Amendment 130 #
Proposal for a regulation Article 10 – paragraph 1 – point 4 a (new) 4 a. the estimated value of the common procurement;
Amendment 131 #
Proposal for a regulation Article 10 – paragraph 1 – point 5 Amendment 132 #
Proposal for a regulation Article 10 – paragraph 1 – point 5 5. the estimated
Amendment 133 #
Proposal for a regulation Article 10 – paragraph 1 – point 6 Amendment 134 #
Proposal for a regulation Article 10 – paragraph 1 – point 6 6.
Amendment 135 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 Amendment 136 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 a (new) 7 a. the extent of the action's contribution to diversify supply chains through the involvement of SMEs and mid-caps;
Amendment 137 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 a (new) 7 a. The interplay of the action within the framework of the European Defence Fund.
Amendment 138 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 a (new) 7 a. the participation of SMEs as contractors or subcontractors;
Amendment 139 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 a (new) 7 a. the participation of SMEs and Mid-caps.
Amendment 14 #
Proposal for a regulation Recital 4 (4) A dedicated short-term instrument, designed in a spirit of solidarity, was indicated as a tool to incentivise Member States, on a voluntary basis, to pursue common procurement to fill the most urgent and critical gaps, especially those created by the response to the current Russia’s aggression, in a collaborative way, and allow and incentivise further military assistance to Ukraine.
Amendment 140 #
Proposal for a regulation Article 10 – paragraph 1 – point 7 b (new) 7 b. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process in the manufacturing process.
Amendment 141 #
Proposal for a regulation Article 10 – paragraph 1 a (new) the participation of SMEs, start-ups and mid-caps;
Amendment 142 #
Proposal for a regulation Article 10 – paragraph 1 b (new) the impact on the defence sector R&D and the innovation capability.
Amendment 15 #
Proposal for a regulation Recital 5 (5) Such a new instrument will contribute to reinforce common defence procurement, in particular, achieving the 35% aim of total defence equipment spending for procurement in cooperation with other Member States and, through the associated Union financing, to strengthen EU defence industrial capabilities in a cost-efficient manner that utilises economies of scale.
Amendment 16 #
Proposal for a regulation Recital 5 (5) Such a new instrument will contribute to reinforce common defence procurement and, through the associated Union financing, to strengthen EU Member States' defence industrial capabilities.
Amendment 17 #
Proposal for a regulation Recital 12 a (new) (12 a) The Instrument has to serve as a precursor for the European Defence Investment Plan (EDIP), a long-term procurement instrument that should enhance the competitiveness, the efficiency, the industrial capacity, the interoperability and the consolidation of the European Defence Industrial Base.
Amendment 18 #
Proposal for a regulation Recital 12 b (new) Amendment 19 #
Proposal for a regulation Recital 14 (14) This Instrument will build on and take into account the work of the Member States and the Defence Joint Procurement Task Force established by the Commission and the High Representative/Head of Agency, in line with the Joint Communication ‘Defence Investment Gaps Analysis and Way Forward”, to coordinate very short-term defence procurement needs and engage with Member States and EU defence manufacturers to support joint procurement to replenish stocks, notably in light of the support provided to Ukraine.
Amendment 20 #
Proposal for a regulation Recital 16 (16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-
Amendment 21 #
Proposal for a regulation Recital 16 (16) As the instrument aims to enhance the competitiveness and efficiency of the
Amendment 22 #
Proposal for a regulation Recital 16 (16) As the instrument aims to enhance the competitiveness
Amendment 23 #
Proposal for a regulation Recital 16 (16) As the
Amendment 24 #
Proposal for a regulation Recital 16 (16) As the instrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with
Amendment 25 #
Proposal for a regulation Recital 16 a (new) (16a) Following the recent military and diplomatic posturing of Turkish President Erdogan in his dealings with European countries, Turkey, unlike other NATO member countries, can no longer be considered a reliable ally when it comes to defence and security. It can therefore not be allowed to participate in the European defence programme.
Amendment 26 #
Proposal for a regulation Recital 16 a (new) (16a) It is considered that too many Member States are reliant mainly on third countries to meet their defence needs;
Amendment 27 #
Proposal for a regulation Recital 16 b (new) (16b) Calls for tenders financed by ‘European’ funds should be reserved for European bidders.
Amendment 28 #
Proposal for a regulation Recital 16 c (new) 16c. European internal market preference for local or European defence industries is necessary for their revival in Europe.
Amendment 29 #
Proposal for a regulation Recital 16 d (new) 16d. It is necessary to bolster the strategic autonomy and technological sovereignty of the Member States by reducing technological and industrial dependency and ensuring better supervision of foreign subsidies and foreign direct investment in Europe, in order to fend off attempts by third countries to gain control of critical European companies;
Amendment 30 #
Proposal for a regulation Recital 16 d (new) Amendment 31 #
Proposal for a regulation Recital 17 Amendment 32 #
Proposal for a regulation Recital 17 (17)
Amendment 33 #
Proposal for a regulation Recital 17 (17) In certain circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third-country entities. In that context, a
Amendment 34 #
Proposal for a regulation Recital 17 (17) In certain exceptional circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third- country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common
Amendment 35 #
Proposal for a regulation Recital 18 Amendment 36 #
Proposal for a regulation Recital 18 (18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to
Amendment 37 #
Proposal for a regulation Recital 18 (18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to controls or restrictions by a non-associated third country or a non-associated third country entity, in particular those that contravene the security and defence interests of the Union and its Member States and limit Member States’ ability to use it.
Amendment 38 #
Proposal for a regulation Recital 18 (18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to
Amendment 39 #
Proposal for a regulation Recital 18 (18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to any form of control or restriction by a non-associated
Amendment 40 #
Proposal for a regulation Recital 18 a (new) Amendment 41 #
Proposal for a regulation Recital 18 a (new) (18a) The purpose of the emergency instrument is to strengthen existing industries in Europe and not to disrupt the internal market by creating competitors through public subsidies.
Amendment 42 #
Proposal for a regulation Recital 18 b (new) (18b) European subcontractors and manufacturers of critical components or systems must be strengthened and protected from predatory tactics adopted by third country undertakings;
Amendment 43 #
(21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b)
Amendment 44 #
Proposal for a regulation Recital 21 (21) To generate the incentive effect, the level of Union contribution may be differentiated based on factors such as (a) the complexity of the common procurement, for which a proportion of the anticipated size of the procurement contract, based on experience gained in similar actions, may serve as an initial proxy, (b) the characteristics of the cooperation, such as joint usage, stockpiling, ownership or maintenance, which are likely to induce stronger interoperability outcomes and long-term investment signals to industry,
Amendment 45 #
Proposal for a regulation Recital 22 (22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union
Amendment 46 #
Proposal for a regulation Recital 22 (22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation
Amendment 47 #
Proposal for a regulation Recital 22 (22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR) or the NATO Support and Procurement Agency (NSPA).
Amendment 48 #
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State
Amendment 49 #
Proposal for a regulation Recital 22 a (new) (22a) According to a report by the European Parliament Research Service - EPRS (p.111), US foreign military sales for 2016-2018 amounted to USD 55 billion or 32% of the total defence expenditure of all the EU Member States. The latter are required to set a minimum annual quota for the production in Europe of acquisitions through this instrument. That quota may not be less than 50%, to be reassessed annually with a view to increasing the European share of procurement and strengthening the European defence industry.
Amendment 50 #
1. Only actions fulfilling all of the following criteria shall be eligible for funding under the Instrument:
Amendment 51 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the actions shall involve cooperation among public authorities of Member States and of associated countries for common procurement
Amendment 52 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the actions shall involve cooperation between eligible entities as referred to in Article 9 for common procurement of the most urgent and critical defence products between eligible entities implementing the objectives referred to in Article 3;
Amendment 53 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3 paragraph 2;
Amendment 54 #
Proposal for a regulation Article 7 – paragraph 1 – point a (a) the actions shall involve cooperation for common procurement of the most urgent and critical defence products between eligible entities, as referred to in Article 9, implementing the objectives referred to in Article 3;
Amendment 55 #
Proposal for a regulation Article 7 – paragraph 1 – point b (b) the actions shall involve new cooperation or an extension of existing cooperation to at least one new Member States or associated countries;
Amendment 56 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the actions involving new cooperation, including within an existing framework, or an extension of existing cooperation shall be carried out by a consortium of at least
Amendment 57 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the actions shall be carried out by a consortium of at least
Amendment 58 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the actions shall be carried out by a consortium of at least
Amendment 59 #
Proposal for a regulation Article 7 – paragraph 1 – point c (c) the actions shall be carried out by a consortium of at least
Amendment 60 #
Proposal for a regulation Article 7 – paragraph 1 – point d (d) the actions shall comply with the annual minimum production quota in Europe and fulfil the additional conditions as set out in Article 8.
Amendment 61 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. Third countries that are candidates for accession to the European Union may also be associated to the eligible actions under paragraph 1 of this article, provided that the Member States participating in the common procurement unanimously agree to it.
Amendment 64 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member States and associated third countries participating in the common procurement.
Amendment 65 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the
Amendment 66 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third
Amendment 67 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the countries participating
Amendment 68 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third countries shall together appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting
Amendment 69 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting
Amendment 70 #
Proposal for a regulation Article 8 – paragraph 2 2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The member states participating in the agreement may unanimously authorise the procurement agent to invite and enter into an agreement with third countries that are candidates for accession to the European Union to procure additional quantities of the procured product.
Amendment 71 #
Proposal for a regulation Article 8 – paragraph 2 2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The agreement shall specify, inter alia, the details of the procedure and the reason of its choice, the assessment of the tenders and the award of the contract.
Amendment 72 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union, in an associated third country or transatlantic partnership countries. They shall not be subject to control by a non-
Amendment 73 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated country. They shall not be subject to control by a non-
Amendment 74 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated third country. They shall not be subject to control by a non-
Amendment 75 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or have undergone a screening within the meaning of Regulation (EU) 2019/452 and where necessary, have taken mitigation measures.
Amendment 76 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in associated countries. They shall not be subject to any form of control by a non- associated
Amendment 77 #
Proposal for a regulation Article 8 – paragraph 4 4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated third country. They shall not be subject to control by a non-
Amendment 78 #
Proposal for a regulation Article 8 – paragraph 5 5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated
Amendment 79 #
Proposal for a regulation Article 8 – paragraph 5 5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor involved in the procurement process is established.
Amendment 80 #
Proposal for a regulation Article 8 – paragraph 5 5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common
Amendment 81 #
Proposal for a regulation Article 8 – paragraph 5 5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated
Amendment 82 #
Proposal for a regulation Article 8 – paragraph 5 5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate
Amendment 83 #
Proposal for a regulation Article 8 – paragraph 7 – introductory part 7. The guarantees shall be based on a standardised template adopted by the Commission by means of an implementing act in accordance with Article 14 by [1 month after entry into force of this regulation]. The guarantees and the template shall be part of the tender specification. The guarantees shall in particular substantiate that, for the purposes of the common procurement, measures are in place to ensure that:
Amendment 84 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7 a. The guarantees shall be based on a standardised template provided by the Commission and shall be part of the tender specifications to ensure a harmonised use throughout the European Union, reduce the bureaucratic load, specially for SMEs and Mid-caps, and promote a level playing-field.
Amendment 85 #
Proposal for a regulation Article 8 – paragraph 8 8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no
Amendment 86 #
Proposal for a regulation Article 8 – paragraph 8 8. The infrastructure, facilities, assets and resources of the contractors
Amendment 87 #
Proposal for a regulation Article 8 – paragraph 8 8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where
Amendment 88 #
Proposal for a regulation Article 8 – paragraph 8 8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated
Amendment 89 #
Proposal for a regulation Article 8 – paragraph 8 a (new) 8 a. By the way of derogation from paragraph 8, taking into account the short-term need to replenish and expand defence stocks, including to compensate for the military assistance to Ukraine, the restriction as referred to in paragraph 8 of this Article shall not apply to subcontractors involved in the common procurement, provided that this does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
Amendment 90 #
Proposal for a regulation Article 8 – paragraph 9 Amendment 91 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity
Amendment 92 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly, or indirectly through one or ore intermediary legal entities, that limits Member States´ ability to use it.
Amendment 93 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly or indirectly through one or more intermediary legal entities, that limits Member States’ ability to use it.
Amendment 94 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly, or indirectly through one or more intermediary legal entities, that limits Member States’ ability to use it.
Amendment 95 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not
Amendment 96 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction to use, maintain, modify or transfer it by a non-
Amendment 97 #
Proposal for a regulation Article 8 – paragraph 9 9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated
Amendment 98 #
Proposal for a regulation Article 8 – paragraph 9 a (new) 9 a. The requirement for the defence product referred to in paragraph 9 does not apply when all the following conditions are met: (a) Common procurement procedures and contracts refer to urgent and critical defence products that are needed to replenish stocks that has been reduced as a result of the response to the Russian military aggression against Ukraine;and (b) the capacity of the EDTIB to fill the most urgent and critical gaps in the stocks of the Member States is not sufficient or is not able to provide the defence products in an adequate timeframe;and (c) Member States or associated countries participating in the common procurement have carefully assessed the feasibility of replacing the components that cause the restriction by an alternative restriction- free component of EU origin;and (d) the procured products were in use prior to 24 February 2022 within the armed forces of all the Member States participating in the common procurement.
Amendment 99 #
Proposal for a regulation Article 8 – paragraph 9 a (new) source: 740.803
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History
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