En En Amendments

European Parliament 2014-2019

Committee on Industry, Research and Energy

2017/0125(COD)

5.12.2017

AMENDMENTS 254 - 472

Draft report Françoise Grossetête (PE608.022v01-00)

Proposal for a regulation of the European Parliament and of the Council establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry

Proposal for a regulation (COM(2017)0294 – C8-0180/2017 – 2017/0125(COD))

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EN United in diversity EN

AM_Com_LegReport

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Amendment 254 Dominique Riquet

Proposal for a regulation Article 4 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. fr

Amendment 255 Olle Ludvigsson

Proposal for a regulation Article 4 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. en

Amendment 256 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 4 – paragraph 1 – point c

Text proposed by the Commission Amendment

Or. it

Amendment 257 Patrizia Toia

Proposal for a regulation Article 4 – paragraph 2 a (new)

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Text proposed by the Commission Amendment

2a. Structural, public or similar expenditure incurred by public administrations for co-financing investments under the Programme will be deducted from the structural deficit calculation.

Or. en

Amendment 258 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak, Anna Elżbieta Fotyga

Proposal for a regulation Article 4 – paragraph 3

Text proposed by the Commission Amendment

3. The Union's financial assistance 3. The Union's financial assistance shall be implemented by the Commission shall be implemented by the Commission as provided for by Regulation (EU, as provided for by Regulation (EU, Euratom) No 966/2012 directly or Euratom) No 966/2012 directly or indirectly by entrusting budget indirectly by entrusting budget implementation tasks to the entities listed implementation tasks to the European in Article 58(1) (c) of that Regulation. Defence Agency or to entities listed in Article 58(1) (c) of that Regulation.

Or. en

Amendment 259 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Peter Kouroumbashev, Răzvan Popa, Clare Moody, José Blanco López, Dan Nica

Proposal for a regulation Article 4 – paragraph 3

Text proposed by the Commission Amendment

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indirectly by entrusting budget indirectly by entrusting budget implementation tasks to the entities listed implementation tasks to the European in Article 58(1) (c) of that Regulation. Defence Agency or the entities listed in Article 58(1) (c) of that Regulation.

Or. en

Amendment 260 Anneleen Van Bossuyt

Proposal for a regulation Article 4 – paragraph 4

Text proposed by the Commission Amendment

4. In case a project manager is deleted appointed by Member States, the Commission shall execute the payment to the eligible beneficiaries after informing the project manager.

Or. en

Justification

The project manager should be appointed within the consortium; we do not want an external third party out of efficiency.

Amendment 261 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 4 – paragraph 4

Text proposed by the Commission Amendment

4. In case a project manager is 4. Member States shall appoint a appointed by Member States, the project manager. The Commission shall Commission shall execute the payment to execute the payment to the eligible the eligible beneficiaries after informing beneficiaries after consulting the project the project manager. manager.

Or. en

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Amendment 262 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 5

Text proposed by the Commission Amendment

Article 5 deleted Types of financial instruments 1. Financial instruments set up in accordance with Title VIII of Regulation (EU, Euratom) No 966/2012 may be used to facilitate access to finance by entities implementing actions in accordance with Article 6. 2. The following types of financial instruments may be used: (a) Equity or quasi-equity investments; (b) Loans or guarantees; (c) Risk sharing instruments.

Or. en

Justification

Until today the European Defence Agency has not been able to increase Member States cooperation on defence research, development and procurement projects, most are still exclusively national. A more efficient cooperation mechanism must be set up to finally address the structural problems of the defence sector. As sufficient national funds are available for the financing of projects (Commission estimates annual savings between 25-100 bn€ of collective national defence spending), no single EURO shall be transferred from EU budget to national defence administration or industries.

Amendment 263 Olle Ludvigsson

Proposal for a regulation Article 5

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Text proposed by the Commission Amendment

Or. en

Amendment 264 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – title

Text proposed by the Commission Amendment

Eligible actions Areas of cooperation

Or. en

Justification

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Amendment 265 Gunnar Hökmark, Krišjānis Kariņš, Bendt Bendtsen

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. The Programme shall provide 1. The Programme shall provide support for actions by beneficiaries in the support for actions by beneficiaries in the development phase covering both new and development phase covering both new and the upgrade of existing products and the upgrade of existing products and technologies, in relation to: technologies developed in the Union by Member States and, where appropriate, in cooperation with strategic partners. An eligible action may relate to one or more of the following items:

Or. en

Amendment 266 Clare Moody

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. The Programme shall provide 1. The Programme shall provide support for actions by beneficiaries in the support for actions by beneficiaries in the development phase covering both new and development phase covering both new and the upgrade of existing products and the upgrade of existing products and technologies, in relation to: technologies developed wholly or in significant part in the Union by Member States, in relation to:

Or. en

Amendment 267 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – introductory part

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Text proposed by the Commission Amendment

1. The Programme shall provide 1. The Programme shall identify and support for actions by beneficiaries in the develop actions by participants in the development phase covering both new and development phase covering both new and the upgrade of existing products and the upgrade of existing products and technologies, in relation to: technologies, in relation to:

Or. en

Justification

Amendment 268 Anneleen Van Bossuyt

Proposal for a regulation Article 6 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Or. en

Justification

Priority should be given to new technologies and products; the Programme should not risk investing in the mere upgrading of existing resources.

Amendment 269 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn,

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Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the design of a defence product, (a) the design of a defence product or a tangible or intangible component or product supporting the undertakings' aim technology as well as the technical to convert from military to civil specifications on which such design has production, tangible or intangible been developed; component or technology as well as the technical specifications on which such design has been developed;

Or. en

Amendment 270 Anneleen Van Bossuyt

Proposal for a regulation Article 6 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the design of a defence product, (a) the design of a defence product, tangible or intangible component or tangible or intangible component or technology as well as the technical technology as well as the technical specifications on which such design has specifications or standards on which such been developed; design has been developed;

Or. en

Justification

Standards are very important for cooperation, they reinforce interoperability and lead to cost savings.

Amendment 271 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 1 – point b

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Text proposed by the Commission Amendment

(b) the prototyping of a defence (b) the prototyping of a defence product, tangible or intangible component product or a product supporting the or technology. A prototype is a model of a undertakings' aim to convert from product or technology that can demonstrate military to civil production, tangible or the element's performance in an operational intangible component or technology. A environment; prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;

Or. en

Amendment 272 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the testing of a defence product, (c) the testing of a defence product or a tangible or intangible component or product supporting the undertakings' aim technology; to convert from military to civil production, tangible or intangible component or technology;

Or. en

Amendment 273 Jonás Fernández, José Blanco López

Proposal for a regulation Article 6 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the testing of a defence product, (c) the testing and evaluation of a tangible or intangible component or defence product, tangible or intangible technology; component or technology;

Or. en

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Amendment 274 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the qualification of a defence (d) the qualification of a defence product, tangible or intangible component product or a product supporting the or technology; qualification is the entire undertakings' aim to convert from process of demonstrating that the design of military to civil production, tangible or a product/component/technology meets the intangible component or technology; specified requirements. This process qualification is the entire process of provides objective evidence by which demonstrating that the design of a particular requirements of a design are product/component/technology meets the demonstrated to have been achieved; specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;

Or. en

Amendment 275 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) the certification of a defence (e) the certification of a defence product or technology. Certification is the product or a product supporting the process according to which a national undertakings' aim to convert from authority certifies that the military to civil production or technology. product/component/technology complies Certification is the process according to with the applicable regulations; which a national authority certifies that the product/component/technology complies with the applicable regulations;

Or. en

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Amendment 276 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) studies such as feasibility studies deleted and other accompanying measures.

Or. en

Justification

Amendment 277 Martina Werner, Jens Geier, Constanze Krehl, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least four undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other. This paragraph shall not apply to actions in support of conversion from military to civil production.

Or. en

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Amendment 278 Olle Ludvigsson

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of undertakings in a which are established in at least two consortium of at least three eligible different Member States. The entities which are established in at least undertakings which are beneficiaries shall two different Member States. At least three not effectively be controlled, directly or of the eligible entities established in at indirectly, by the same entity or shall not least two different Member States shall not control each other. be effectively controlled, directly or indirectly, by the same entity or shall not control each other.

Or. en

Amendment 279 Esther de Lange, Ivo Belet, Henna Virkkunen, Bendt Bendtsen, Krišjānis Kariņš, Caroline Nagtegaal

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least two different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other. IPR generated in relation to the action shall be retained by the Union.

Or. en

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Amendment 280 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least four undertakings, which are established in at least two two of which should preferably be SMEs, different Member States. The undertakings which are established in at least four which are beneficiaries shall not effectively different Member States. The undertakings be controlled, directly or indirectly, by the which are beneficiaries shall not effectively same entity or shall not control each other. be controlled, directly or indirectly, by the same entity or shall not control each other.

Or. it

Amendment 281 Miroslav Poche, Zigmantas Balčytis, Theresa Griffin, Carlos Zorrinho

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least two different Member States. The undertakings different Member States. At least three which are beneficiaries shall not effectively undertakings which are beneficiaries and be controlled, directly or indirectly, by the their subcontractors shall not effectively same entity or shall not control each other. be controlled, directly or indirectly, by the same entity or shall not control each other.

Or. en

Amendment 282 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 2

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Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least two different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not and their subcontractors which are effectively be controlled, directly or participants shall not effectively be indirectly, by the same entity or shall not controlled, directly or indirectly, by the control each other. same entity or shall not control each other

Or. en

Justification

Amendment 283 Jerzy Buzek, Michał Boni

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least two different Member States. The undertakings different Member States. At least two which are beneficiaries shall not effectively undertakings which are beneficiaries shall be controlled, directly or indirectly, by the not effectively be controlled, directly or same entity or shall not control each other. indirectly, by the same entity or shall not control each other.

Or. en

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Amendment 284 Flavio Zanonato

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least four undertakings which are established in at least two which are established in at least four different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. it

Amendment 285 Massimiliano Salini, Pilar del Castillo Vera, Lara Comi

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. en

Justification

EU budget should be used in the field of defence industry to incentivize the implementation of multilateral cooperation programmes, not only bilateral programmes. Therefore, a minimum of three states is required.

Amendment 286 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak, Anna

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Elżbieta Fotyga

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. en

Amendment 287 Patrizia Toia

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. en

Justification

The objective of this amendment is to go beyond bilateral cooperation and promote a more inclusive cooperation between Member States.

Amendment 288 Christelle Lechevalier

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Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. en

Amendment 289 Christelle Lechevalier

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least three undertakings which are established in at least two which are established in at least three different Member States. The undertakings different Member States. The undertakings which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. fr

Amendment 290 Anneleen Van Bossuyt

Proposal for a regulation Article 6 – paragraph 2

Text proposed by the Commission Amendment

2. The action shall be undertaken in a 2. The action shall be undertaken in a cooperation of at least three undertakings cooperation of at least eight undertakings which are established in at least two which are established in at least six different Member States. The undertakings different Member States. The undertakings

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which are beneficiaries shall not effectively which are beneficiaries shall not effectively be controlled, directly or indirectly, by the be controlled, directly or indirectly, by the same entity or shall not control each other. same entity or shall not control each other.

Or. en

Justification

The participation requirements proposed by the Commission are setting the threshold very low in a way that the Union’s support cannot be really justified, if the aim is to incentivise European projects.

Amendment 291 Caroline Nagtegaal

Proposal for a regulation Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. If there are no competitive substitutes readily available in the EU, and if this usage would not contravene the security and /or defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of EU Member States or controlled by third countries. When performing an eligible action, beneficiaries and their subcontractors, may also cooperate with undertakings established outside the territory of EU Member States, if this would not contravene the security and/or defence interests of the Union and its Member States. The costs related to these activities shall not be eligible for funding under the Programme.

Or. en

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Amendment 292 Anneleen Van Bossuyt

Proposal for a regulation Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Where appropriate and duly justified, the work programme may provide for additional conditions according to specific policy requirements or to the nature and objectives of the action, including inter alia conditions regarding the number of participants, the type of participants and their place of establishment.

Or. en

Justification

The norm should be to fund projects with increased cooperation of European undertakings. Nevertheless, some flexibility should be granted for exceptional and justified cases, regarding the number of participants, the type of participant and the place of establishment.

Amendment 293 Esther de Lange, Ivo Belet, Henna Virkkunen, Bendt Bendtsen, Caroline Nagtegaal

Proposal for a regulation Article 6 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. An action undertaken by entities established in more than two different Member States shall benefit from an increase in the funding rate of five percentage points.

Or. en

Amendment 294 Esther de Lange, Ivo Belet, Henna Virkkunen

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Proposal for a regulation Article 6 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. If there are no competitive substitutes readily available by undertakings established in the Union and controlled by Member States, and if the usage would not contravene the security and defence interests of the Union or the Union's Common Security and Defence Policy, the beneficiaries and their subcontractors may also use assets, infrastructure, facilities and resources located or held inside the Union that are controlled by third countries. The costs related to these activities shall not be eligible for funding.

Or. en

Amendment 295 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 6 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) the right to use all or part of the (a) the right to use all or part of the assets of an undertaking; assets of an undertaking in the EU;

Or. en

Amendment 296 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 6 – paragraph 3 – point a a (new)

Text proposed by the Commission Amendment

(aa) the ownership or resulting know-

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how and IPR is retained in the EU without any control from third countries;

Or. en

Amendment 297 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 6 – paragraph 3 – point a b (new)

Text proposed by the Commission Amendment

(ab) beneficiaries of this action have to provide sufficient assurances that non-EU control may occur;

Or. en

Amendment 298 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 6 – paragraph 3 – point b

Text proposed by the Commission Amendment

(b) rights or contracts which confer a deleted decisive influence on the composition, voting or decisions of the bodies of an undertaking or otherwise confer a decisive influence on the running of the business of the undertaking.

Or. en

Amendment 299 Dominique Riquet

Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 a (new)

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Text proposed by the Commission Amendment

The Commission must therefore assess fairly whether Member States or their nationals have a decisive influence over the management of the undertaking concerned. It is important to determine where and how strategic commercial decisions are taken. This requires an analysis of the governance of the undertaking with regard to its overall functioning. Other aspects which are likely to influence decision-making on strategic issues, such as shareholder rights, financial ties and commercial cooperation between the undertaking and any shareholders in third countries, should also be examined.

Or. fr

Amendment 300 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 6 – paragraph 4

Text proposed by the Commission Amendment

4. When it relates to actions defined 4. When it relates to actions defined under point (b) to (f) of the first paragraph, under point (b) to (f) of the first paragraph, the action must be based on common the action must be based on common technical specifications. technical specifications. Consortia shall demonstrate 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.

Or. en

Amendment 301 Dominique Riquet, Kaja Kallas

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Proposal for a regulation Article 6 – paragraph 4

Text proposed by the Commission Amendment

4. When it relates to actions defined 4. When it relates to actions defined under point (b) to (f) of the first paragraph, under points (b) to (f) of the first the action must be based on common paragraph, the action must be based on technical specifications. common technical specifications, thereby strengthening the standardisation and interoperability of systems.

Or. fr

Amendment 302 Anneleen Van Bossuyt

Proposal for a regulation Article 6 – paragraph 4

Text proposed by the Commission Amendment

Or. en

Justification

Standards are very important for cooperation, they reinforce interoperability and lead to cost savings.

Amendment 303 Massimiliano Salini, Lara Comi

Proposal for a regulation Article 6 – paragraph 4 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

An undertaking controlled by non-EU States or by non-EU entities is also

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eligible to participate as beneficiary if the Member State in which it is located ensures, in accordance with effective national procedures or contractual arrangements, that this would not conflict with the security and defence interests of the Union and its Member States as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU.

Or. en

Amendment 304 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Actions which contribute in part or entirely (parts and components including software, artificial intelligence features, and any relevant dual-use technologies), directly or indirectly to the following technologies shall be excluded from the Programme: (a) Weapons of mass destruction and related warhead and missile technology; (b) Banned weapons and munitions not compliant with international law such as: (i) Cluster munitions and related aspects in line with the Convention on Cluster Munitions; (ii) Anti-personal landmines and related aspects in line with the Convention on the Prohibition on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and their Destruction; (iii) Incendiary weapons including

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white phosphorus; (iv) Depleted uranium ammunitions; (c) Fully autonomous weapons that enable lethal actions without meaningful human intervention; (d) Small and light weapons (SALW) mainly developed for export purposes, i.e. where no Member State has expressed a requirement for the action to be carried out.

Or. en

Justification

Amendment 305 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 6 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4a. Actions in relation to products listed in Annex I shall not be funded. Actions in relation to products listed in Annex II shall not be funded if they are developed mainly for export purposes.

Or. en

Amendment 306 Reinhard Bütikofer on behalf of the Verts/ALE Group

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Proposal for a regulation Article 6 – paragraph 4 b (new)

Text proposed by the Commission Amendment

4b. Actions which contribute directly or indirectly to the production of armed unmanned aerial vehicles or their parts, including the production of parts and components, software, artificial intelligence features and any relevant dual-use technologies, are excluded so long as no Council Decision on the use of such new military technology exists which upholds international human rights law and international humanitarian law and which addresses issues such as a legal framework, proportionality, protection of civilians and transparency.

Or. en

Justification

Amendment 307 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 6 – paragraph 4 b (new)

Text proposed by the Commission Amendment

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

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United Nations Charter.

Or. en

Amendment 308 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 6 – paragraph 4 c (new)

Text proposed by the Commission Amendment

4c. Military or dual-use technology supported by this Programme shall only be exported to NATO allies and friendly nations which fully comply with the provisions of the Arms Trade Treaty (ATT). Such exports shall also fully comply with the eight criteria of Common position 944/2008/CFSP on arms exports. The results of the cooperation between Member States under the Programme shall only be authorised for export in case all participating Member States agree. The Commission shall put in place a tracking mechanism to verify the end-use and end-users of the technology supported by this Programme and report about their status every 6months to Council and Parliament.

Or. en

Justification

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Amendment 309 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak

Proposal for a regulation Article 7

Text proposed by the Commission Amendment

Article 7 deleted Eligible Entities 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. 2. If the beneficiary, as defined in paragraph 1, is developing an action, as defined in Article 6, in the context of Permanent Structured Cooperation, it shall be eligible for the increased funding referred to in Article 11(2) in respect of that action.

Or. en

Amendment 310 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – title

Text proposed by the Commission Amendment

Eligible Entities Participating Entities

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Or. en

Justification

Amendment 311 Olle Ludvigsson

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union. Beneficiaries States and/or nationals of Member States owned by an entity outside Europe, shall own more than 50% of the undertaking have a European management, and a and effectively control it within the license issued by the Member State in meaning of Article 6(3), whether directly which it is located. 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. en

Amendment 312 Jaromír Kohlíček

Proposal for a regulation Article 7 – paragraph 1

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Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union which, for the States and/or nationals of Member States purposes of the actions funded under the own more than 50% of the undertaking Programme, are not subject to control by and effectively control it within the non-EU States or by non-EU entities. meaning of Article 6(3), whether directly However, undertakings controlled by non- or indirectly through one or more EU States or by non-EU entities shall be intermediate undertakings. In addition, all beneficiaries if the Member States they infrastructure, facilities, assets and are located in, provides sufficient resources used by the participants, assurances, in accordance with national including subcontractors and other third procedures, that this will not contravene parties, in actions funded under the the security and defence interest of the Programme shall not be located on the Union and its Member States as territory of non-Member States during the established in the framework of Common entire duration of the action. Foreign and Security Policy in accordance with Title V the TEU. 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. en

Justification

An undertaking acts like any other European company and therefore must be included among the beneficiaries when 1) it has an effective presence of technological, industrial and managerial capabilities on the European territory and 2) the Member State in which it is located in provides guarantees that it will comply with security and defence interests of the Union and its Member States.

Amendment 313 Jerzy Buzek, Marian-Jean Marinescu, Michał Boni

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings

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established in the Union, in which Member established in the Union which, for the States and/or nationals of Member States purposes of the actions funded under the own more than 50% of the undertaking Programme, are not subject to control by and effectively control it within the non-EU states or by non-EU entities. meaning of Article 6(3), whether directly However, undertakings controlled by non- or indirectly through one or more EU States or by non-EU entities shall intermediate undertakings. In addition, all qualify as beneficiaries if the Member infrastructure, facilities, assets and State they are located in, provides resources used by the participants, sufficient assurances, in accordance with including subcontractors and other third national procedures, that this will not parties, in actions funded under the contravene the security and defence Programme shall not be located on the interests of the Union and its Member territory of non-Member States during the States as established in the framework of entire duration of the action. the Common Foreign and Security Policy in accordance with Title V of the TEU. 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 be located on the territory of the Union during the entire duration of the action.

Or. en

Amendment 314 Krišjānis Kariņš

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries and their established in the Union, in which Member subcontractors shall be public or private States and/or nationals of Member States undertakings established in the Union. own more than 50% of the undertaking They shall be effectively controlled by a and effectively control it within the Member State within the meaning of meaning of Article 6(3), whether directly Article 6(3), either as owner of the or indirectly through one or more undertaking, whether directly or indirectly intermediate undertakings. In addition, all through one or more intermediate infrastructure, facilities, assets and undertakings or by Member State resources used by the participants, assurances that this would not contravene including subcontractors and other third the security and defence interests of the parties, in actions funded under the Union and its Member States. In addition, Programme shall not be located on the all infrastructure, facilities, assets and territory of non-Member States during the resources used by the participants,

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entire duration of the action. 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. The use of such infrastructure, facilities, assets and resources shall not be subject to any control or restriction by a third country.

Or. en

Amendment 315 Gunnar Hökmark, Bendt Bendtsen

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union and a principal States and/or nationals of Member States supplier to a Member State. They shall be own more than 50% of the undertaking effectively controlled by a Member State and effectively control it within the within the meaning of Article 6(3), either meaning of Article 6(3), whether directly as owner of the undertaking, whether or indirectly through one or more directly or indirectly through one or more intermediate undertakings. In addition, all intermediate undertakings, or through a infrastructure, facilities, assets and state licensing mechanism which resources used by the participants, regulates, inter alia, the transfer of including subcontractors and other third technology. In addition, all infrastructure, parties, in actions funded under the facilities, assets and resources used by the Programme shall not be located on the participants, including subcontractors and territory of non-Member States during the other third parties, in actions funded under entire duration of the action. the Programme shall not be located on the territory of non-Member States during the entire duration of the action. The use of such infrastructure, facilities, assets and resources shall not be subject to any control or restriction by a third country.

Or. en

Amendment 316 Edouard Martin, Pervenche Berès

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Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries and their established in the Union, in which Member subcontractors shall be undertakings States and/or nationals of Member States established in the Union, in which Member own more than 50% of the undertaking and States and/or nationals of Member States effectively control it within the meaning of own more than 50% of the undertaking and Article 6(3), whether directly or indirectly effectively control it within the meaning of through one or more intermediate Article 6(3), whether directly or indirectly undertakings. In addition, all infrastructure, through one or more intermediate facilities, assets and resources used by the undertakings. In addition, all infrastructure, participants, including subcontractors and facilities, assets and resources used by the other third parties, in actions funded under participants, including subcontractors and the Programme shall not be located on the other third parties, in actions funded under territory of non-Member States during the the Programme shall not be located on the entire duration of the action. territory of non-Member States during the entire duration of the action. All or part of the assets of an undertaking under a technology transfer contract with an undertaking directly or indirectly controlled by a third country, or by third- country nationals, shall be deemed ineligible.

Or. fr

Amendment 317 Dominique Riquet

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries and their first-tier established in the Union, in which Member subcontractors shall be undertakings States and/or nationals of Member States established in the Union, in which Member own more than 50% of the undertaking and States and/or nationals of Member States effectively control it within the meaning own more than 50% of the undertaking, of Article 6(3), whether directly or whether directly or indirectly through one indirectly through one or more or more intermediate undertakings. Where intermediate undertakings. In addition, all this criterion cannot be precisely applied, infrastructure, facilities, assets and beneficiary undertakings and their first- resources used by the participants, tier subcontractors must be effectively

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including subcontractors and other third controlled, within the meaning of parties, in actions funded under the Article 6(3), by Member States and/or Programme shall not be located on the Member State nationals. In addition, all territory of non-Member States during the infrastructure, facilities, assets and entire duration of the action. resources used by the participants, including other subcontractors, 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. fr

Amendment 318 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Participants in the actions established in the Union, in which Member foreseen by the Programme shall be States and/or nationals of Member States undertakings and their subcontractors own more than 50% of the undertaking established in the Union, in which Member and effectively control it within the States and/or nationals of Member States meaning of Article 6(3), whether directly own the undertaking and effectively or indirectly through one or more control it within the meaning of Article intermediate undertakings. In addition, all 6(3), whether directly or indirectly through infrastructure, facilities, assets and one or more intermediate undertakings. In resources used by the participants, addition, all infrastructure, facilities, assets including subcontractors and other third and resources used by the participants, parties, in actions funded under the including subcontractors and other third Programme shall not be located on the parties, in actions foreseen under the territory of non-Member States during the Programme shall not be located on the entire duration of the action. territory of non-Member States during the entire duration of the action. The use of these infrastructures, facilities, assets and resources shall not be under the control of any third country or entity established outside of the Union.

Or. en

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Justification

Amendment 319 Angelo Ciocca, Lorenzo Fontana

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union. In addition, all States and/or nationals of Member States infrastructure, facilities, assets and own more than 50% of the undertaking resources used by the participants, and effectively control it within the including subcontractors and other third meaning of Article 6(3), whether directly parties, in actions funded under the or indirectly through one or more Programme shall not be located on the intermediate undertakings. In addition, all territory of non-Member States during the infrastructure, facilities, assets and entire duration of the action. An resources used by the participants, undertaking controlled by non-EU States including subcontractors and other third or by non-EU entities shall be eligible if parties, in actions funded under the the Member State it is located in provides Programme shall not be located on the sufficient assurances, in accordance with territory of non-Member States during the effective national procedures or entire duration of the action. contractual arrangements, that this would not contravene the Union and Member States' security and defence interests as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU.

Or. en

Amendment 320 Massimiliano Salini, Lara Comi

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Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 321 Patrizia Toia

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

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Or. en

Amendment 322 Clare Moody

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries and their established in the Union, in which Member subcontractors shall be undertakings States and/or nationals of Member States established in the Union, which are own more than 50% of the undertaking effectively controlled by Member States and effectively control it within the and/or nationals of Member States within meaning of Article 6(3), whether directly the meaning of Article 6(3), whether or indirectly through one or more directly or indirectly through one or more intermediate undertakings. In addition, all intermediate undertakings. In addition, all infrastructure, facilities, assets and infrastructure, facilities, assets and resources used by the participants, resources used by the participants, including subcontractors and other third including subcontractors and other third parties, in actions funded under the parties, in actions funded under the Programme shall not be located on the Programme shall not be located on the territory of non-Member States during the territory of non-Member States during the entire duration of the action. entire duration of the action. The use of such infrastructure, facilities, assets and resources shall not be subject to any control or restriction by a third country or a non-EU entity.

Or. en

Justification

The way “effective control” is currently defined in the Commission proposal would de facto make many subsidiaries of non-EU based companies ineligible to participate in the EDIDP, even if they are subject to “effective control” by the local (EU) government through the latter’s role as regulator, research funder, sponsor and main customer. It would therefore make sense to expand Article 7.1. so that it enables such subsidiaries to be eligible to participate, provided that they fulfil conditions that ensure they contribute to achieving the objectives of the Programme.

Amendment 323 Anneleen Van Bossuyt

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Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union or in a third States and/or nationals of Member States country identified in the work own more than 50% of the undertaking programme. All infrastructure, facilities, and effectively control it within the assets and resources used by the meaning of Article 6(3), whether directly participants, including subcontractors and or indirectly through one or more other third parties, in actions funded under intermediate undertakings. In addition, all the Programme shall be located on the infrastructure, facilities, assets and territory of the Member States or third resources used by the participants, countries identified in the work including subcontractors and other third programme during the entire duration of parties, in actions funded under the the action. Programme shall not be located on the territory of non-Member States during the entire duration of the action.

Or. en

Justification

Participation of undertakings based in a third country, under the condition that this is provided in the work programme, should be allowed. In this way important projects which serve the objectives of the Programme and need the participation of a third country undertaking could still be eligible. However, in that respect, the approach as regards the intellectual property rights can be more cautious.

Amendment 324 Fredrick Federley

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings, established in the Union, in which Member including their executive management States and/or nationals of Member States structure shall be established in the Union. own more than 50% of the undertaking In addition, all infrastructure, facilities, and effectively control it within the assets and resources used by the meaning of Article 6(3), whether directly participants, including subcontractors and or indirectly through one or more other third parties, in actions funded under

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intermediate undertakings. In addition, all the Programme shall not be located on the infrastructure, facilities, assets and territory of non-Member States during the resources used by the participants, entire duration of the action. The including subcontractors and other third beneficiaries and their subcontractors parties, in actions funded under the shall not be exclusively controlled by third Programme shall not be located on the countries or by entities established in territory of non-Member States during the third countries or controlled by entities entire duration of the action. that may contravene the security and defence interests of the Union and its Member States.

Or. en

Amendment 325 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union and effectively States and/or nationals of Member States controlled by Member States and/or own more than 50 % of the undertaking nationals of Member States within the and effectively control it within the meaning of Article 6(3), whether directly meaning of Article 6(3), whether directly or indirectly through one or more or indirectly through one or more intermediate undertakings. In addition, all intermediate undertakings. In addition, all infrastructure, facilities, assets and infrastructure, facilities, assets and resources used by the participants, resources used by the participants, including subcontractors and other third including subcontractors and other third parties, in actions funded under the parties, in actions funded under the Programme shall be located in the Member Programme shall not be located on the States during the entire duration of the territory of non-Member States during the action. entire duration of the action.

Or. it

Amendment 326 Christelle Lechevalier

Proposal for a regulation Article 7 – paragraph 1

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Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries shall be undertakings established in the Union, in which Member established in the Union, in which Member States and/or nationals of Member States States and/or nationals of Member States own more than 50% of the undertaking and own more than 75% of the undertaking and effectively control it within the meaning of effectively control it within the meaning of Article 6(3), whether directly or indirectly Article 6(3), whether directly or indirectly through one or more intermediate through one or more intermediate undertakings. In addition, all infrastructure, undertakings. In addition, all infrastructure, facilities, assets and resources used by the facilities, assets, administrative services participants, including subcontractors and and resources used by the participants, other third parties, in actions funded under including subcontractors and other third the Programme shall not be located on the parties, in actions funded under the territory of non-Member States during the Programme shall not be located on the entire duration of the action. territory of non-Member States during the entire duration of the action.

Or. fr

Amendment 327 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Flavio Zanonato, Răzvan Popa, José Blanco López, Theresa Griffin

Proposal for a regulation Article 7 – paragraph 1

Text proposed by the Commission Amendment

1. Beneficiaries shall be undertakings 1. Beneficiaries and their established in the Union, in which Member subcontractors shall be undertakings fully States and/or nationals of Member States established in the Union, and effectively own more than 50% of the undertaking controlled by Member States within the and effectively control it within the meaning of Article 6(3), whether directly meaning of Article 6(3), whether directly or indirectly through one or more or indirectly through one or more intermediate undertakings. In addition, all intermediate undertakings. In addition, all infrastructure, facilities, assets and infrastructure, facilities, assets and resources used by the participants, resources used by the participants, including subcontractors and other third including subcontractors and other third parties, in actions funded under the parties, in actions funded under the Programme shall not be located on the Programme shall not be located on the territory of non-Member States during the territory of non-Member States during the entire duration of the action. entire duration of the action.

Or. en

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Amendment 328 Krišjānis Kariņš

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. An undertaking controlled by third countries or by third country entities shall be eligible as a beneficiary or subcontractor if the Member State it is located in provides sufficient assurances, in accordance with its 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 Treaty on European Union.

Or. en

Amendment 329 Miroslav Poche, Zigmantas Balčytis, Flavio Zanonato, Patrizia Toia, Răzvan Popa, Clare Moody, José Blanco López, Carlos Zorrinho

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. By way of derogation from paragraph 1, an undertaking controlled by non-EU States or by non-EU entities shall be eligible if the Member State it is located in 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 Common Foreign and Security Policy in accordance with Title V of the TEU.

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Or. en

Amendment 330 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. In case a change occurs regarding the effective control of an undertaking participating in the Programme, the undertaking concerned should inform without delay the Commission and competent authority in the Member State in which it is established which will then jointly decide on the appropriate measures with regards to the protection of national and Union interests.

Or. en

Justification

Amendment 331 Gunnar Hökmark, Krišjānis Kariņš, Bendt Bendtsen

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. In the event of a change in the effective control of the undertaking within the meaning of Article 6(3), the

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undertaking shall inform the Commission and the Member State in which it is located. The Commission may advice Member States in their decision of the necessary protection measures which may be applied.

Or. en

Amendment 332 Sven Schulze, Christian Ehler

Proposal for a regulation Article 7 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. For the purposes of the actions funded under the Programme, the beneficiaries and their subcontractors shall not be subject to exclusive control by third countries or by third country entities.

Or. en

Amendment 333 Christelle Lechevalier

Proposal for a regulation Article 7 – paragraph 2

Text proposed by the Commission Amendment

2. If the beneficiary, as defined in deleted paragraph 1, is developing an action, as defined in Article 6, in the context of Permanent Structured Cooperation, it shall be eligible for the increased funding referred to in Article 11(2) in respect of that action.

Or. fr

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Amendment 334 Olle Ludvigsson

Proposal for a regulation Article 7 – paragraph 2

Text proposed by the Commission Amendment

Or. en

Amendment 335 Anneleen Van Bossuyt

Proposal for a regulation Article 7 – paragraph 2

Text proposed by the Commission Amendment

Or. en

Justification

This provision should be deleted as discriminatory and demotivating for the forming of new cooperation structures.

Amendment 336 Reinhard Bütikofer on behalf of the Verts/ALE Group

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Proposal for a regulation Article 7 – paragraph 2

Text proposed by the Commission Amendment

2. If the beneficiary, as defined in 2. If the participant, as defined in paragraph 1, is developing an action, as paragraph 1, is developing an action, as defined in Article 6, in the context of defined in Article 6, in the context of Permanent Structured Cooperation, it shall Permanent Structured Cooperation, it shall be eligible for the increased funding be identified for the increased referred to in Article 11(2) in respect of administrative support referred to in that action. Article 11(2) in respect of that action

Or. en

Justification

Amendment 337 Sven Schulze, Christian Ehler

Proposal for a regulation Article 7 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. By way of derogation from article 7 paragraph [1 a new], an undertaking controlled by third countries or by third country entities shall be eligible as a beneficiary or a subcontractor if the Member State it is located in provides sufficient assurances, in accordance with its 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

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in accordance with Title V of the Treaty on European Union.

Or. en

Amendment 338 Patrizia Toia, Miroslav Poche

Proposal for a regulation Article 7 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. By way of derogation from paragraph 1, an undertaking controlled not exclusively by non-EU countries or by non-EU entities, shall be eligible if the Member State where it is located provides sufficient assurances, in accordance with national legislation, that this would not violate security and defence interests of the EU and its Member States as established in the framework of Common Foreign and Security Policy in accordance with Title V of the TEU.

Or. en

Amendment 339 Olle Ludvigsson

Proposal for a regulation Article 7 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The beneficiaries may on a non- systemically base use subcontractors, assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries, if this usage would not contravene the security interests of the Union.

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Or. en

Amendment 340 Jonás Fernández, Ramón Jáuregui Atondo, Soledad Cabezón Ruiz, José Blanco López

Proposal for a regulation Article 7 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Undertakings that hold bank accounts, directly or through subsidiaries or participated companies, in jurisdictions classified as tax havens by the OECD or the EU shall not be eligible for funding.

Or. en

Amendment 341 Sven Schulze, Christian Ehler

Proposal for a regulation Article 7 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. If there are no competitive substitutes readily available in the Union, and if this usage would not contravene the security and defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries. When performing an eligible action, beneficiaries and their subcontractors may also cooperate with undertakings established outside the territory of Member States or exclusively controlled by third countries or third country entities if this would not contravene the security and defence interests of the Union and its Member States. The costs related to these

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activities shall not be eligible for funding under the Programme.

Or. en

Amendment 342 Patrizia Toia

Proposal for a regulation Article 7 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. If there are no substitutes immediately available in the EU, and if this usage would not contravene the security and defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of European Union or exclusively controlled by third countries. The costs related to these activities shall not be eligible for funding under the Programme.

Or. en

Amendment 343 Olle Ludvigsson

Proposal for a regulation Article 7 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. Beneficiaries may cooperate with undertakings established outside the territory of EU Member States when developing an eligible action if this cooperation does not contravene the security interests of the Union, as agreed by the Member States within the Common Foreign and Security Policy.

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Or. en

Amendment 344 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak

Proposal for a regulation Article 7 a (new)

Text proposed by the Commission Amendment

Article 7a Eligible Entities 1. Beneficiaries shall be undertakings established in the Union. 2. The beneficiaries’ and their subcontractors’ infrastructure, facilities, assets and resources used for the purposes of the actions funded under the Programme shall be located on the territory of the Union during the entire duration of the action, and their executive management structures shall be established in the EU. 3. For the purposes of the actions funded under the Programme, the beneficiaries and their subcontractors shall not be subject to control by non-EU States or by non-EU entities. 4. By way of derogation from paragraph 3, an undertaking established in the Union but controlled by non-EU States or by non-EU entities would be eligible under the condition that this would not contravene the security and defence interests of the Union and all Member States as established in the framework of the Common Foreign and Security Policy in accordance with Title V of the TEU and that the Member State where the entity is located provides to other Member States sufficient guaranties thereof. Undertakings which are engaged in defence industry cooperation with the third states which are under a sanctions regime by the EU or otherwise undermine

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European security, or which are directly or indirectly controlled by entities from the third states which are under a sanctions regime by the EU or otherwise undermine European security should not be eligible for participation. 5. If there are no competitive substitutes readily available in the EU, and if this usage would not contravene the security and defence interests of the Union and its Member States, beneficiaries and their subcontractors may use assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries. When performing an eligible action, beneficiaries and their subcontractors may also cooperate with undertakings established outside the territory of EU Member States or controlled by non-EU states or non-EU entities, if this would not contravene the security and defence interests of the Union and its Member States. 6. Beneficiaries shall provide before the signature of the funding agreement all relevant information necessary for the assessment of the eligibility criteria. 7. If the beneficiary, as defined in paragraph 1, is developing an action, as defined in Article 6, in the context of Permanent Structured Cooperation, it shall be eligible for the increased funding referred to in Article 11(2) in respect of that action.

Or. en

Amendment 345 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 8 – title

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Text proposed by the Commission Amendment

Declaration by applicants Declaration by participants

Or. en

Justification

Amendment 346 Olle Ludvigsson

Proposal for a regulation Article 8 – title

Text proposed by the Commission Amendment

Declaration by applicants Declaration by consortia

Or. en

Amendment 347 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

Each applicant shall declare, by written Each applicant shall declare, by written statement, that it is fully aware of and statement, that it is fully aware of and compliant with applicable national and compliant with applicable national and Union legislation and regulations relating Union legislation and regulations relating to activities in the domain of defence. to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008

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defining common rules governing control of exports of military technology and equipment, the Community regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.

Or. en

Amendment 348 Olle Ludvigsson

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

Each applicant shall declare, by written Each consortium wishing to participate in statement, that it is fully aware of and an action shall declare, by written compliant with applicable national and statement, that it is fully aware of and Union legislation and regulations relating compliant with applicable national and to activities in the domain of defence. Union legislation and regulations relating to activities in the domain of defence.

Or. en

Amendment 349 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 9 – paragraph 1

Text proposed by the Commission Amendment

1. Where the Union’s financial 1. Where the Union’s financial assistance is provided through a grant, the assistance is provided through a grant, the members of any consortium wishing to members of any consortium wishing to participate in an action shall appoint one of participate in an action shall appoint one of them to act as coordinator, which shall be them to act as coordinator, which shall be identified in the grant agreement. The identified in the grant agreement. The coordinator shall be the principal point of coordinator shall be the principal point of contact between the members of the contact between the members of the consortium in relations with the consortium in relations with the Commission or the relevant funding body, Commission or the relevant funding body, unless specified otherwise in the grant unless specified otherwise in the grant

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agreement or in the event of non- agreement or in the event of non- compliance with its obligations under the compliance with its obligations under the grant agreement. grant agreement. The coordinator shall regularly report back to the Union Institutions regarding the status of the funded action.

Or. en

Amendment 350 Anneleen Van Bossuyt

Proposal for a regulation Article 9 – paragraph 1

Text proposed by the Commission Amendment

1. Where the Union’s financial 1. The members of any consortium assistance is provided through a grant, the wishing to participate in an action shall members of any consortium wishing to appoint one of them to act as coordinator, participate in an action shall appoint one of which shall be identified in the grant them to act as coordinator, which shall be agreement. The coordinator shall be the identified in the grant agreement. The principal point of contact between the coordinator shall be the principal point of members of the consortium in relations contact between the members of the with the Commission or the relevant consortium in relations with the funding body, unless specified otherwise in Commission or the relevant funding body, the grant agreement or in the event of non- unless specified otherwise in the grant compliance with its obligations under the agreement or in the event of non- grant agreement. compliance with its obligations under the grant agreement.

Or. en

Amendment 351 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 9 – paragraph 1

Text proposed by the Commission Amendment

1. Where the Union’s financial 1. Where the Union’s administrative assistance is provided through a grant, the support is provided, the members of any

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members of any consortium wishing to consortium wishing to participate in an participate in an action shall appoint one of action shall appoint one of them to act as them to act as coordinator, which shall be coordinator, which shall be identified in the identified in the grant agreement. The agreement. The coordinator shall be the coordinator shall be the principal point of principal point of contact between the contact between the members of the members of the consortium in relations consortium in relations with the with the Commission and the relevant Commission or the relevant funding body, funding Member States, unless specified unless specified otherwise in the grant otherwise in the agreement or in the event agreement or in the event of non- of non-compliance with its obligations compliance with its obligations under the under the agreement. grant agreement.

Or. en

Justification

Amendment 352 Jerzy Buzek, Marian-Jean Marinescu

Proposal for a regulation Article 9 – paragraph 2

Text proposed by the Commission Amendment

2. The members of a consortium 2. The members of a consortium participating in an action shall conclude an participating in an action shall conclude an internal agreement establishing their rights internal agreement establishing their rights and obligations with respect to the and obligations with respect to the implementation of the action (in implementation of the action, including compliance with the grant agreement), the issue of the intellectual property rights except in duly justified cases provided for relating to the new products, (in in the work programme or call for compliance with the grant agreement), proposals. except in duly justified cases provided for in the work programme or call for proposals.

Or. en

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Amendment 353 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 9 – paragraph 2

Text proposed by the Commission Amendment

2. The members of a consortium 2. The members of a consortium participating in an action shall conclude an participating in an action shall conclude an internal agreement establishing their rights internal agreement establishing their rights and obligations with respect to the and obligations with respect to the implementation of the action (in implementation of the action (in compliance with the grant agreement), compliance with the agreement),except in except in duly justified cases provided for duly justified cases provided for in the in the work programme or call for work programme or call for proposals. proposals.

Or. en

Justification

Amendment 354 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 10 – title

Text proposed by the Commission Amendment

Award criteria Selection criteria

Or. en

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Justification

Amendment 355 Michał Boni, Jerzy Buzek, Henna Virkkunen, Marian-Jean Marinescu, Gunnar Hökmark, Andrzej Grzyb

Proposal for a regulation Article 10 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Actions proposed for funding under the Actions proposed for funding under the Programme shall be evaluated on the basis Programme shall be evaluated in a of the following cumulative criteria: transparent manner, based on objective and measurable parameters, taking into account the overall objective of the programme to achieve a well-functioning and balanced European Defence Union on the basis of the following cumulative criteria:

Or. en

Amendment 356 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 10 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Actions proposed for funding under the Actions proposed for funding under the Programme shall be evaluated on the basis Programme shall be evaluated with regard of the following cumulative criteria: to the objectives laid down in Article 2 and on the basis of the following cumulative criteria:

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Or. fr

Amendment 357 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 10 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Actions proposed for funding under the Actions proposed for inclusion in the Programme shall be evaluated on the basis Programme and eligible for administrative of the following cumulative criteria: support shall be evaluated on the basis of the following cumulative criteria:

Or. en

Justification

Amendment 358 Michał Boni, Henna Virkkunen, Marian-Jean Marinescu, Gunnar Hökmark

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) contribution to excellence by showing that the proposed work achieves measurable advantages over existing products or technologies;

Or. en

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Amendment 359 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Patrizia Toia, Răzvan Popa, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) excellence, industrial performance and ability to show significant advantages over existing products or technologies

Or. en

Amendment 360 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) excellence in terms of efficiency, effectiveness, low costs and environmental sustainability;

Or. it

Amendment 361 Dominique Riquet

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) the excellence of the project and the technological capability of the candidate;

Or. fr

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Amendment 362 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) technological and industrial excellence;

Or. fr

Amendment 363 Jerzy Buzek, Marian-Jean Marinescu

Proposal for a regulation Article 10 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) excellence (a) contribution to excellence

Or. en

Amendment 364 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point b

Text proposed by the Commission Amendment

Or. en

Amendment 365 Reinhard Bütikofer

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on behalf of the Verts/ALE Group

Proposal for a regulation Article 10 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) contribution to the innovation and (b) contribution to the innovation and technological development of defence technological development of defence industries and thus to fostering the industries and thus to fostering the industrial autonomy of the Union in the industrial autonomy of the Union in field of defence technologies; and, relation to the capability requirements under the Common Security and Defence Policy (CSDP);

Or. en

Justification

Amendment 366 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Patrizia Toia, Răzvan Popa, Clare Moody, José Blanco López, Dan Nica

Proposal for a regulation Article 10 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) contribution to the innovation and (b) contribution to the innovation and technological development of defence technological development of defence industries and thus to fostering the industries and thus to fostering the industrial autonomy of the Union in the industrial and strategic autonomy of the field of defence technologies; and, Union in the field of defence technologies; and

Or. en

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Amendment 367 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(ba) contribution to the competitiveness and growth of defence-related enterprises;

Or. en

Amendment 368 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 10 – paragraph 1 – point b a (new)

Text proposed by the Commission Amendment

(ba) the number of Member States involved in the project;

Or. fr

Amendment 369 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 10 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) contribution to the security and (c) contribution to the security and defence interests of the Union by defence interests of the Union by enhancing defence technologies which enhancing defence technologies which contribute to implement defence capability contribute to the implementation of the priorities commonly agreed by Member defence capability priorities commonly States within the Union; and, agreed by Member States within the Union, as part of the capacity development plan or coordinated annual defence review; and

Or. fr

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Amendment 370 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak, Anna Elżbieta Fotyga

Proposal for a regulation Article 10 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) contribution to the security and (c) contribution to the security and defence interests of the Union by defence interests of the Union and enhancing defence technologies which commitments undertaken in the context of contribute to implement defence capability NATO cooperation by enhancing defence priorities commonly agreed by Member technologies which contribute to States within the Union; and, implement defence capability priorities commonly agreed by Member States within the Union; and,

Or. en

Amendment 371 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) contribution to the security and (c) contribution to the security and defence interests of the Union by defence interests of the Union by enhancing defence technologies which enhancing defence technologies which contribute to implement defence capability contribute to the implementation of the priorities commonly agreed by Member defence capability priorities commonly States within the Union; and, agreed by Member States within the Union, and where appropriate at regional or international level;

Or. en

Amendment 372 Reinhard Bütikofer on behalf of the Verts/ALE Group

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Proposal for a regulation Article 10 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) contribution to the security and (c) contribution to the Common defence interests of the Union by Security and Defence Policy (CSDP) by enhancing defence technologies which enhancing defence technologies which contribute to implement defence capability contribute to implement defence capability priorities commonly agreed by Member priorities commonly agreed by Member States within the Union; and, States n in the context of the Capability Development Plan;

Or. en

Justification

Amendment 373 Jonás Fernández, Soledad Cabezón Ruiz, José Blanco López

Proposal for a regulation Article 10 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) contribution to the security and (c) contribution to the security and defence interests of the Union by defence interests of the Union by enhancing defence technologies which enhancing defence technologies which contribute to implement defence capability contribute to implement defence capability priorities commonly agreed by Member priorities agreed by the Union; and, States within the Union; and,

Or. en

Amendment 374 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak

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Proposal for a regulation Article 10 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) contribution to a balanced development of European defence industry by creation of new networks of cross-border cooperation between undertakings;

Or. en

Amendment 375 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(ca) substantial involvement of SMEs;

Or. en

Justification

The SMEs involved in a project should ideally have a substantial role in the development and completion of the project, just the mere participation with insignificant role or the number of SMEs involved as such should not be an award criterion.

Amendment 376 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point c b (new)

Text proposed by the Commission Amendment

(cb) increased or new cross-border cooperation;

Or. en

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Justification

High number of cross-border participation should promote a candidate project.

Amendment 377 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 10 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) viability notably via a (d) viability, notably via a demonstration by the beneficiaries that the demonstration by the beneficiaries that the remaining costs of the eligible action are remaining costs of the eligible action are covered by other means of financing such covered by other means of financing such as Member States’ contributions; and as Member States’ contributions or the dual use of the technologies developed; and

Or. fr

Amendment 378 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 10 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) viability notably via a (d) viability notably via a demonstration by the beneficiaries that the demonstration by the participants that the remaining costs of the eligible action are costs of the eligible action are covered by covered by other means of financing such means of financing such as Member States’ as Member States’ contributions; and contributions and the ATHENA mechanism; and

Or. en

Justification

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address the structural problems of the defence sector. As sufficient national funds are available for the financing of projects (Commission estimates annual savings between 25-100 bn€ of collective national defence spending), no single EURO shall be transferred from EU budget to national defence administration or industries.

Amendment 379 Patrizia Toia

Proposal for a regulation Article 10 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(da) for actions described in Article 6(1), the contribution to the competitiveness of the European defence industry through a consortium that is developing an action and its members are located in more than three Member States, each of which commits to co- financing including joint procurement or usage.

Or. en

Amendment 380 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 10 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(da) the proportion of the overall budget of the action to be allocated to the participation of SMEs established in the European Union, either as members of consortium, subcontractors or as other undertakings in the supply chain; and

Or. en

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Amendment 381 Anneleen Van Bossuyt

Proposal for a regulation Article 10 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) for actions described in points (b) (e) for the actions described in Article to (e) of Article 6(1), the contribution to 6(1), the contribution to the the competitiveness of the European competitiveness of the European defence defence industry through the demonstration industry through the demonstration by the by the beneficiaries that Member States beneficiaries that Member States have have committed to jointly produce and committed to jointly produce and procure procure the final product or technology in a the final product or technology in a coordinated way, including joint coordinated way, including joint procurement where applicable. procurement where applicable, while respecting the requirements of Directive 2009/81/EC as regards defence and security procurement.

Or. en

Justification

This award criterion proposed by the Commission should not be misunderstood, there needs to be clarity about the application of the defence procurement Directive in full.

Amendment 382 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 10 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) for actions described in points (b) (e) for actions described in points (b) to (e) of Article 6(1), the contribution to to (e) of Article 6(1), the contribution to the competitiveness of the European the competitiveness of the European defence industry through the demonstration defence industry through the demonstration by the beneficiaries that Member States by the beneficiaries that Member States have committed to jointly produce and have committed to jointly produce and procure the final product or technology in procure the final product in a coordinated a coordinated way, including joint way. procurement where applicable.

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Or. en

Amendment 383 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 10 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) for actions described in points (b) (e) for actions described in points (b) to (e) of Article 6(1), the contribution to to (e) of Article 6(1), the contribution to the competitiveness of the European the competitiveness of the European defence industry through the demonstration defence industry through the demonstration by the beneficiaries that Member States by the beneficiaries that the action meets have committed to jointly produce and the objectives laid down by the EU in its procure the final product or technology in policy documents; a coordinated way, including joint procurement where applicable.

Or. it

Amendment 384 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 10 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) for actions described in points (b) (e) for actions described in points (b) to (e) of Article 6(1), the contribution to to (e) of Article 6(1), the contribution to a the competitiveness of the European more efficient and integrated European defence industry through the demonstration defence industry, inter alia, through the by the beneficiaries that Member States demonstration by the participants that have committed to jointly produce and Member States have committed to jointly procure the final product or technology in a produce and procure the final product or coordinated way, including joint technology in a coordinated way, including procurement where applicable. joint procurement where applicable.

Or. en

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Justification

Amendment 385 Jerzy Buzek, Marian-Jean Marinescu

Proposal for a regulation Article 10 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) for actions described in points (b) (e) for actions described in points (b) to (e) of Article 6(1), the contribution to to (e) of Article 6(1), the contribution to the competitiveness of the European the competitiveness of the European defence industry through the demonstration defence industry through the demonstration by the beneficiaries that Member States by the beneficiaries that Member States have committed to jointly produce and have declared to jointly produce and procure the final product or technology in a procure the final product or technology in a coordinated way, including joint coordinated way, including joint procurement where applicable. procurement where applicable.

Or. en

Amendment 386 Jonás Fernández, José Blanco López

Proposal for a regulation Article 10 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) If two undertakings and/or a consortium of undertakings, participating in the same call, will receive the same rating, the priority in assigning financial assistance will be given to an undertaking belonging to a PESCO Member State or to a consortium of undertakings whose

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project leader belongs to a PESCO Member State.

Or. en

Amendment 387 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 10 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) for actions described in points (b) to (e) of Article 6(1), the contribution to the competitiveness of the European defence industry through the demonstration by the beneficiaries that Member States intend to jointly produce the final product or technology in a coordinated way.

Or. en

Amendment 388 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak

Proposal for a regulation Article 10 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) for actions described in points (b) to (e) of Article 6(1), the contribution to the competitiveness of the European defence industry through the demonstration by the beneficiaries that non-EU countries have committed to procure the final product or technology.

Or. en

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Amendment 389 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 10 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) European added value on the basis of the number of participating Member States, bearing in mind too the principle of geographic balance;

Or. it

Amendment 390 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 10 – paragraph 1 – point e a (new)

Text proposed by the Commission Amendment

(ea) realisation of efficiency gains for the overall reduction of defence spending in the EU;

Or. en

Amendment 391 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 10 – paragraph 1 – point e b (new)

Text proposed by the Commission Amendment

(eb) contribution to innovative conversion of military to civil production;

Or. en

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Amendment 392 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 10 – paragraph 1 – point e b (new)

Text proposed by the Commission Amendment

(eb) participation of SMEs.

Or. it

Amendment 393 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn, Reinhard Bütikofer

Proposal for a regulation Article 10 – paragraph 1 – point e c (new)

Text proposed by the Commission Amendment

(ec) increased or new cross-border cooperation

Or. en

Amendment 394 Evžen Tošenovský, Zdzisław Krasnodębski

Proposal for a regulation Article 10 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Where relevant, the actions supported under the Programme shall benefit from the services and applications relying on European satellite navigation programmes (EGNOS and Galileo) and/or the Copernicus programme.

Or. en

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Amendment 395 Krišjānis Kariņš

Proposal for a regulation Article 10 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Non-fulfilment of any of these criteria shall not be considered eliminatory. The work programme shall lay down further details of the application of the award criteria and shall specify weightings and thresholds.

Or. en

Amendment 396 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 11

Text proposed by the Commission Amendment

Article 11 deleted Funding rates 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 cost of the action. 2. An action developed by a beneficiary referred to in Article 7 paragraph 2 may benefit from a funding rate increased by an additional 10 percentage points.

Or. en

Justification

Until today the European Defence Agency has not been able to increase Member States

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cooperation on defence research, development and procurement projects, most are still exclusively national. A more efficient cooperation mechanism must be set up to finally address the structural problems of the defence sector. As sufficient national funds are available for the financing of projects (Commission estimates annual savings between 25-100 bn€ of collective national defence spending), no single EURO shall be transferred from EU budget to national defence administration or industries.

Amendment 397 Anneleen Van Bossuyt

Proposal for a regulation Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. The financial assistance of the 1. The financial assistance of the Union provided under the Programme may Union provided under the Programme shall not exceed 20% of the total cost of the not exceed 20% of the total cost of the action where it relates to prototyping. In action where it relates to prototyping as all the other cases, the assistance may provided under point (b) of Article 6(1). cover up to the total cost of the action. For all other actions provided under points (a) and (c) to (f) of Article 6(1), the assistance shall not exceed 50% of the total cost of the action and 100% in case these actions are undertaken by SMEs.

Or. en

Amendment 398 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. The financial assistance of the 1. The financial assistance of the Union provided under the Programme may Union provided under the Programme may not exceed 20 % of the total cost of the not exceed 20 % of the total cost of the action where it relates to prototyping. In all action where it relates to prototyping. In all the other cases, the assistance may cover the other cases, the assistance may cover up to the total cost of the action. 80 % of the action’s eligible costs, with the exception of financing for studies and for accompanying measures which may cover up to the total cost of the action.

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Or. it

Amendment 399 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López

Proposal for a regulation Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. The financial assistance of the 1. The financial assistance of the Union provided under the Programme may Union provided under the Programme may not exceed 20% of the total cost of the not exceed 20% of the eligible cost of the action where it relates to prototyping. In all action where it relates to actions as defined the other cases, the assistance may cover in Article 6(1)(b). In all the other cases, the up to the total cost of the action. assistance may cover up to the total cost of the action.

Or. en

Amendment 400 Olle Ludvigsson

Proposal for a regulation Article 11 – paragraph 1

Text proposed by the Commission Amendment

1. The financial assistance of the 1. The financial assistance of the Union provided under the Programme may Union provided under the Programme may not exceed 20% of the total cost of the not exceed 20% of the total cost of the action where it relates to prototyping. In all action where it relates to design or system the other cases, the assistance may cover prototyping. In all the other cases, the up to the total cost of the action. assistance may cover up to 50% of the total cost of the action.

Or. en

Amendment 401 Martina Werner, Jens Geier, Constanze Krehl, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 11 – paragraph 1

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Text proposed by the Commission Amendment

1. The financial assistance of the 1. The financial assistance of the Union provided under the Programme may Union provided under the Programme may not exceed 20% of the total cost of the not exceed 20% of the total cost of the action where it relates to prototyping. In all action where it relates to prototyping. In all the other cases, the assistance may cover the other cases, the assistance may cover up to the total cost of the action. up to 50% of the cost of the action.

Or. en

Amendment 402 Christelle Lechevalier

Proposal for a regulation Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. An action developed by a deleted beneficiary referred to in Article 7 paragraph 2 may benefit from a funding rate increased by an additional 10 percentage points.

Or. fr

Amendment 403 Anneleen Van Bossuyt

Proposal for a regulation Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. An action developed by a deleted beneficiary referred to in Article 7 paragraph 2 may benefit from a funding rate increased by an additional 10 percentage points.

Or. en

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Amendment 404 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López

Proposal for a regulation Article 11 – paragraph 2

Text proposed by the Commission Amendment

2. An action developed by a 2. An action developed by a beneficiary referred to in Article 7 consortium referred to in Article 7 paragraph 2 may benefit from a funding paragraph 2 may benefit from a funding rate increased by an additional 10 rate increased by an additional 10 percentage points. percentage points.

Or. en

Amendment 405 Jonás Fernández, José Blanco López

Proposal for a regulation Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. If a PESCO Member State, within the duration of a programme, as a consequence of its own decision, or a decision of remaining PESCO Member States, will exit PESCO, the financial assistance to its undertaking beneficiaries will be aligned to that of non-PESCO Member State undertaking beneficiaries.

Or. en

Amendment 406 Patrizia Toia

Proposal for a regulation Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. If a consortium is developing an

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action as defined in Article 6(1) and its members are located in more than three Member States, each of which commits to co-financing including by joint procurement or usage, it may benefit from a funding rate increased by an additional five percentage points.

Or. en

Amendment 407 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López

Proposal for a regulation Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. An action developed by a consortium as defined in Article 6(1) in which at least 5% of the eligible cost of the action is committed to SMEs, which are established in the EU, it may benefit from an increased funding rate up to 10%.

Or. en

Amendment 408 Angelo Ciocca, Christelle Lechevalier, Lorenzo Fontana

Proposal for a regulation Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Eligible actions involving the participation of SMEs shall be eligible for an increased funding rate. An additional award shall be considered if the eligible action also involves the cross-border participation of SMEs.

Or. en

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Amendment 409 Lieve Wierinck, Christian Ehler, Gerben-Jan Gerbrandy, Caroline Nagtegaal, Dominique Riquet

Proposal for a regulation Article 11 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. Indirect eligible costs shall be determined by applying a flat rate of 25% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.

Or. en

Amendment 410 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López

Proposal for a regulation Article 11 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. An action developed by a consortium as defined in Article 6(1) in which at least 5% of the eligible cost of the action is committed to SMEs, which are established in the EU other than those where the undertakings in the consortium which are not SMEs are established may benefit from an increased funding rate up to 20%.

Or. en

Amendment 411 Lieve Wierinck, Christian Ehler, Gerben-Jan Gerbrandy, Caroline Nagtegaal, Dominique Riquet

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Proposal for a regulation Article 11 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. By way of derogation from paragraph 2a, indirect costs may be declared in the form of a lump sum or unit costs when provided for in the work programme or work plan.

Or. en

Amendment 412 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López

Proposal for a regulation Article 11 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2c. An action developed by a consortium as defined in Article 6(1) in which at least 5% of the eligible cost of the action is committed to Mid-caps which are established in the EU may benefit from an increased funding rate up to 10%.

Or. en

Amendment 413 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

The Commission shall not own the The Union institutions, bodies, offices or products or technologies resulting from agencies enjoy, for the duly justified the action nor shall it have any IPR claim purpose of developing, implementing and pertaining to the action. monitoring Union policies or programmes, access rights solely to the

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results of a beneficiary that has received Union funding. Such access rights are limited to non-commercial and non- competitive use. Such access is to 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 the ethical principles laid down in the EU Common Position on arms exports or security considerations. In such cases, the transfer of ownership or grant of licence can not take place unless the Commission is satisfied that appropriate safeguards will be put in place. Where appropriate, the agreement between the Commission and the beneficiary will provide that the Commission is to be notified at least six months prior to any such transfer of ownership or grant of a licence. Non- compliance with these provisions will be subject to the measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.

Or. en

Amendment 414 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López, Dan Nica

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

The Commission shall not own the The Union shall not own the products or products or technologies resulting from the technologies resulting from the action nor action nor shall it have any IPR claim shall it have any IPR claim, including

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pertaining to the action. licence rights, pertaining to the action.

Or. en

Amendment 415 Angelo Ciocca, Lorenzo Fontana

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 416 Dominique Riquet

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

Or. fr

Amendment 417 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 12 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Intellectual property rights resulting from

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the Programme shall not be transferable to parties outside the EU for a period of five years; similarly, licensed production by third parties outside Europe shall also be prohibited for five years.

Or. fr

Amendment 418 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Peter Kouroumbashev, Răzvan Popa, Clare Moody, José Blanco López

Proposal for a regulation Article 12 – paragraph 1 a (new)

Text proposed by the Commission Amendment

The results of actions which receive funding under the Programme shall not be subject to any control or restriction by a third country or a non-EU entity.

Or. en

Amendment 419 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 12 – paragraph 1 a (new)

Text proposed by the Commission Amendment

The results of the actions under this Programme shall under no circumstances be under the control of any third country or entity established outside of the Union.

Or. en

Justification

Until today the European Defence Agency has not been able to increase Member States cooperation on defence research, development and procurement projects, most are still

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exclusively national. A more efficient cooperation mechanism must be set up to finally address the structural problems of the defence sector. As sufficient national funds are available for the financing of projects (Commission estimates annual savings between 25-100 bn€ of collective national defence spending), no single EURO shall be transferred from EU budget to national defence administration or industries.

Amendment 420 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 12 a (new)

Text proposed by the Commission Amendment

Article 12a Export Military technology and equipment that has been produced with funding from the Union under the Programme shall not be exported to non-NATO, non-EU or non- NATO equivalent countries without prior authorisation by the Supervisory Committee. Upon being notified by a beneficiary of their intention to export military technologies or equipment to non-NATO, non-EU or non-NATO equivalent countries, the Commission shall convene the Supervisory Committee, which shall decide on all requests based on relevant Union legislation, in particular Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Common Military List of the Union and the User's Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.

Or. en

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Amendment 421 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 12 a (new)

Text proposed by the Commission Amendment

Article 12a General transfer licences 1. For the purposes of this Programme, Article 5 of Directive 2009/43/EC shall apply. 2. Without prejudice to Article 12 of this Regulation, paragraph 1 of this Article shall apply to Union institutions, bodies and agencies as well as to the project managers referred to in Article 4 (4) of this Regulation by analogy.

Or. en

Justification

As the programme actions involve entities from at least two MS, the use of general licenses for the purposes of the programme would significantly reduce administrative burden of transfers among participants, in particular SMEs. For the transfer of information relating to defence products the EC, the EDA and the project managers will receive information that will be export-controlled. In such cases, the general transfer license should also include transfers to these institutions and entities.

Amendment 422 Dominique Riquet

Proposal for a regulation Article 13 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission, by means of an 1. The Commission, by means of a implementing act, shall adopt multiannual delegated act, shall adopt a multiannual a work programme for the duration of the work programme for the duration of the Programme. This implementing act shall Programme. That work programme shall be adopted in accordance with the be in line with the objectives set out in examination procedure referred to in in Article 2.

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Article 16(2). This work programme shall be in line with the objectives set out in Article 2;

Or. fr

Amendment 423 Christelle Lechevalier

Proposal for a regulation Article 13 – paragraph 1

Text proposed by the Commission Amendment

Or. fr

Amendment 424 Anneleen Van Bossuyt

Proposal for a regulation Article 13 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission, by means of an 1. The Commission, by means of an implementing act, shall adopt multiannual implementing act, shall adopt a two-year a work programme for the duration of the work programme for the duration of the Programme. This implementing act shall Programme. This implementing act shall be adopted in accordance with the be adopted in accordance with the examination procedure referred to in in examination procedure referred to in in Article 16(2). This work programme shall Article 16(2). be in line with the objectives set out in Article 2;

Or. en

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Justification

The Programme covers only the period 2019-2020.

Amendment 425 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 13 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission, by means of an 1. The Commission, by means of implementing act, shall adopt multiannual delegated act shall adopt multiannual a a work programme for the duration of the work-programme for the duration of the Programme. This implementing act shall Programme. This delegated act shall be be adopted in accordance with the adopted in accordance with Article 16(2). examination procedure referred to in in This work programme shall be in line with Article 16(2). This work programme shall the objectives set out in Article 2 be in line with the objectives set out in Article 2;

Or. en

Justification

Amendment 426 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 13 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission, by means of an 1. The Commission, shall be implementing act, shall adopt multiannual empowered to adopt delegated acts to

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a work programme for the duration of the establish a multiannual work programme Programme. This implementing act shall for the duration of the Programme. This be adopted in accordance with the delegated act shall be adopted in examination procedure referred to in in accordance with the examination procedure Article 16(2). This work programme shall referred to in Article 16. This work be in line with the objectives set out in programme shall be in line with the Article 2; objectives set out in Article 2;

Or. en

Amendment 427 Jerzy Buzek, Marian-Jean Marinescu

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. The work programme shall set out 2. The work programme shall set out in detail the categories of projects to be in detail the categories of projects to be funded under the Programme; funded under the Programme and provide for a category of projects specifically dedicated to SMEs and mid-caps.

Or. en

Amendment 428 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. The work programme shall set out 2. The work programme shall set out in detail the categories of projects to be in detail the categories of projects to be funded under the Programme; included in the Programme as well as the commitment of the Member States for financing their implementation;

Or. en

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Justification

Amendment 429 Anneleen Van Bossuyt

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. The work programme shall set out 2. The work programme shall set out in detail the categories of projects to be in detail the categories of projects to be funded under the Programme; funded under the Programme and their direct relation to the objectives set out in Article 2.

Or. en

Justification

It is important that the objectives are clearly interlinked with the work programme, and thereafter with the evaluation.

Amendment 430 Anneleen Van Bossuyt

Proposal for a regulation Article 13 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The work programme shall identify any third countries that are eligible to participate in the Programme.

Or. en

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Amendment 431 Anneleen Van Bossuyt

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure deleted that a credible proportion of the overall budget will benefit actions enabling the cross-border participation of SMEs.

Or. en

Justification

The participation of SMEs should be substantial and useful to all sides, on the basis of the actual offer. See also AM 34.

Amendment 432 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall that a credible proportion of actions will budget will benefit actions enabling the enable the cross-border participation of cross-border participation of SMEs. SMEs.

Or. en

Justification

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budget to national defence administration or industries.

Amendment 433 Angelo Ciocca, Christelle Lechevalier, Lorenzo Fontana

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall that a credible proportion of the overall budget will benefit actions enabling the budget will benefit actions enabling the cross-border participation of SMEs. participation of SMEs as referred to in Article 11(2a).

Or. en

Amendment 434 Christian Ehler, Michael Gahler, Sven Schulze

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

Or. en

Justification

Only the integration of SMEs into cross border value chains will guarantee that necessary structural shifts will occur within Europe's Defence Technological and Industrial Base (EDTIB).

Amendment 435 Christelle Lechevalier

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Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall that a proportion of at least 30% of the budget will benefit actions enabling the overall budget will benefit actions enabling cross-border participation of SMEs. the cross-border participation of SMEs.

Or. fr

Amendment 436 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Răzvan Popa, Clare Moody, José Blanco López

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall at least 15 % of the overall budget will budget will benefit actions enabling the benefit actions enabling the cross-border cross-border participation of SMEs. participation of SMEs and Mid-Caps.

Or. en

Amendment 437 Krišjānis Kariņš, Gunnar Hökmark

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall that at least 15% of the overall budget will budget will benefit actions enabling the benefit actions enabling the cross-border cross-border participation of SMEs. participation of SMEs.

Or. en

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Amendment 438 Patrizia Toia

Proposal for a regulation Article 13 – paragraph 3

Text proposed by the Commission Amendment

3. The work programme shall ensure 3. The work programme shall ensure that a credible proportion of the overall that a significant proportion of the overall budget will benefit actions enabling the budget will benefit actions enabling the cross-border participation of SMEs. participation of SMEs.

Or. en

Amendment 439 Massimiliano Salini, Lara Comi

Proposal for a regulation Article 13 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. The funding rate for eligible actions involving the participation of SMEs shall be increased. Moreover, in case the eligible action includes the cross- border participation of SMEs, an additional award should also be considered.

Or. en

Amendment 440 Patrizia Toia

Proposal for a regulation Article 13 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3a. Eligible actions involving the participation of SMEs, and which bring added value to the Programme, should be eligible for an increased funding rate.

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Or. en

Amendment 441 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 14

Text proposed by the Commission Amendment

Article 14 deleted Award procedure 1. In the implementation of the Programme, Union funding shall be granted following competitive calls issued in accordance with Regulation (EU, Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 1268/128 . 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 Article 10. 3. The Commission shall award, after each call, the funding for selected actions, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2). ______8 Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

Or. en

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Justification

Amendment 442 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 14 – paragraph 1

Text proposed by the Commission Amendment

1. In the implementation of the 1. In the implementation of the Programme, Union funding shall be Programme, Union funding shall be granted following competitive calls issued granted following invitations to tender in accordance with Regulation (EU, issued in accordance with Regulation (EU, Euratom) No 966/2012 and Commission Euratom) No 966/2012 and Commission Delegated Regulation (EU) No 1268/128. Delegated Regulation (EU) No 1268/128. ______8 Commission Delegated Regulation (EU) 8 Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, rules of application of Regulation (EU, Euratom) No 966/2012 of the European Euratom) No 966/2012 of the European Parliament and of the Council on the Parliament and of the Council on the financial rules applicable to the general financial rules applicable to the general budget of the Union (OJ L 362, budget of the Union (OJ L 362, 31.12.2012, p. 1). 31.12.2012, p. 1).

Or. it

Amendment 443 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 14 – paragraph 2

Text proposed by the Commission Amendment

2. The proposals submitted following 2. The proposals submitted following

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the call for proposals shall be evaluated by the call for proposals shall be evaluated by the Commission assisted by independent the Commission assisted by an experts on the basis of the award criteria of independent and transparently selected Article 10. expert committee comprising the European Parliament, the Commission and defence experts from academia, think tanks and other stakeholders, excluding representatives from defence companies to avoid bias on the basis of the award criteria of Article 10.

Or. en

Amendment 444 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 14 – paragraph 2

Text proposed by the Commission Amendment

2. The proposals submitted following 2. The proposals submitted following the call for proposals shall be evaluated by the call for proposals shall be evaluated by the Commission assisted by independent the Commission assisted by independent experts on the basis of the award criteria of experts, regarding whom full and Article 10. complete proof that they have no conflicts of interest, including in connection with previous posts in the defence industry, shall be provided, on the basis of the award criteria of Article 10.

Or. it

Amendment 445 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 14 – paragraph 2

Text proposed by the Commission Amendment

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experts on the basis of the award criteria of basis of the award criteria of Article 10. Article 10. The experts should be members of a committee set up in accordance with Regulation (EU) No 182/2011.

Or. en

Justification

We should make sure that the experts should be members of the “comitology” committee, instead of randomly chosen experts. Such a proposition will increase the transparency of the process.

Amendment 446 Edouard Martin, Pervenche Berès

Proposal for a regulation Article 14 – paragraph 2

Text proposed by the Commission Amendment

2. The proposals submitted following 2. The proposals submitted following the call for proposals shall be evaluated by the call for proposals shall be evaluated by the Commission assisted by independent the Commission, assisted by independent experts on the basis of the award criteria of European experts approved by the Article 10. committee referred to in Article 16, on the basis of the award criteria set out in Article 10.

Or. fr

Amendment 447 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak, Anna Elżbieta Fotyga

Proposal for a regulation Article 14 – paragraph 2

Text proposed by the Commission Amendment

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Article 10. basis of the award criteria of Article 10.

Or. en

Amendment 448 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall be assisted 1. The Commission shall be assisted by a committee. That committee shall be a by a committee. That committee shall be a committee within the meaning of committee within the meaning of Regulation (EU) No 182/2011. The Regulation (EU) No 182/2011. The European Defence Agency shall be invited European Defence Agency and as observer. representatives of the European Parliament, civil society and academia shall be invited as observer.

Or. en

Justification

Amendment 449 Christelle Lechevalier

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall be assisted 1. The Commission shall be assisted by a committee. That committee shall be a by a committee. That committee shall be a

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committee within the meaning of committee within the meaning of Regulation (EU) No 182/2011. The Regulation (EU) No 182/2011. European Defence Agency shall be invited as observer.

Or. fr

Amendment 450 Miroslav Poche, Zigmantas Balčytis, Carlos Zorrinho, Peter Kouroumbashev, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall be assisted 1. The Commission shall be assisted by a committee. That committee shall be a by a committee. That committee shall be a committee within the meaning of committee within the meaning of Regulation (EU) No 182/2011. The Regulation (EU) No 182/2011. The European Defence Agency shall be invited European Defence Agency shall be invited as observer. to contribute as observer.

Or. en

Amendment 451 Zdzisław Krasnodębski, Evžen Tošenovský, Hans-Olaf Henkel, Edward Czesak

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

Or. en

Amendment 452 Reinhard Bütikofer

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on behalf of the Verts/ALE Group

Proposal for a regulation Article 16 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The Commission shall establish an Advisory group composed of independent experts, academia and civil society organisations to provide advice to the Committee in particular on the compatibility of technology supported by this Programme with a view on moral, ethical and international law obligations of both the Union and its Member States.

Or. en

Justification

Amendment 453 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 16 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1a. The Commission shall set up an advisory group of civilian experts to provide support in the analysis of ethical, legal and environmental profiles of products and of technology developed under the Programme.

Or. it

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Amendment 454 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 16 – paragraph 2

Text proposed by the Commission Amendment

2. Where reference is made to this deleted paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Or. en

Amendment 455 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 16 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of two years from 2019. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts

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designated by each member state in accordance with the principles laid down in the interinstitutional agreement on Better Law Making of 13 April 2016. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 456 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 16 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for the duration of the programme and may be revoked at any time by the European Parliament or by the Council. Before adopting the delegated act, the Commission shall consult the Committee and the Advisory Group. As soon as it adopts a delegated act, the Commission shall notify it simultaneously

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to the European Parliament and to the Council. A delegated act adopted pursuant to Articles 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Or. en

Amendment 457 Anneleen Van Bossuyt

Proposal for a regulation Article 17 – title

Text proposed by the Commission Amendment

Monitoring and reporting Monitoring, evaluation and reporting

Or. en

Amendment 458 Reinhard Bütikofer on behalf of the Verts/ALE Group

Proposal for a regulation Article 17 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall regularly 1. The Commission shall regularly monitor the implementation of the monitor the implementation of the programme and annually report on the programme and shall send a monitoring progress made in accordance with Article report to the Parliament and the Council 38(3)(e) of Regulation 966/2012. To this every six months on the progress, made in end, the Commission shall put in place accordance with Article 38(3)(e) of

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necessary monitoring arrangements. Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.

Or. en

Justification

Amendment 459 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 1

Text proposed by the Commission Amendment

1. The Commission shall regularly 1. The Commission shall regularly monitor the implementation of the monitor and evaluate the implementation programme and annually report on the of the programme and annually report on progress made in accordance with Article the progress made in accordance with 38(3)(e) of Regulation 966/2012. To this Article 38(3)(e) of Regulation 966/2012. end, the Commission shall put in place To this end, the Commission shall put in necessary monitoring arrangements. place necessary monitoring arrangements.

Or. en

Amendment 460 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2

Text proposed by the Commission Amendment

2. To support greater efficiency and 2. The Commission shall draw up an effectiveness of future Union policy annual monitoring report examining the

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actions, the Commission shall draw up a efficiency and effectiveness of the retrospective evaluation report and send it supported actions in terms of financial to the European Parliament and to the implementation, results, costs and, where Council. The report - building on relevant possible, impact. To support greater consultations of Member States and key efficiency and effectiveness of future stakeholders - shall notably assess the Union policy actions, the Commission progress made towards the achievement of shall draw up an evaluation report objectives set out in Article 2. It shall also annually and send it to the European analyse cross border participation of SMEs Parliament and to the Council. The report - in projects implemented under the building on relevant consultations of programme as well as the participation of Member States and key stakeholders - shall SMEs to the global value chain. 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.

Or. en

Amendment 461 Anneleen Van Bossuyt

Proposal for a regulation Article 17 – paragraph 2

Text proposed by the Commission Amendment

2. To support greater efficiency and 2. To support greater efficiency and effectiveness of future Union policy effectiveness of future Union policy actions, the Commission shall draw up a actions, the Commission shall draw up an retrospective evaluation report and send it evaluation report annually and send it to to the European Parliament and to the the European Parliament and to the Council. The report - building on relevant Council. The report - building on relevant consultations of Member States and key consultations of Member States and key stakeholders - shall notably assess the stakeholders - shall notably assess the progress made towards the achievement of progress made towards the achievement of objectives set out in Article 2. It shall also objectives set out in Article 2. analyse cross border participation of SMEs in projects implemented under the programme as well as the participation of SMEs to the global value chain.

Or. en

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Justification

It is important to increase the parliament’s scrutiny right and obligation and to require annual evaluation and reporting from the Commission for this two-year Programme, especially since this is seen as a pilot for a next multiannual programme and since no comprehensive impact assessment has been completed for this proposal. The attainment of all objectives is equally important (including SMEs involvement) and attention should be given to a thorough evaluation of all objectives of the Programme.

Amendment 462 David Borrelli, Dario Tamburrano

Proposal for a regulation Article 17 – paragraph 2

Text proposed by the Commission Amendment

2. To support greater efficiency and 2. To support greater efficiency and effectiveness of future Union policy effectiveness of future Union policy actions, the Commission shall draw up a actions, the Commission shall draw up an retrospective evaluation report and send it evaluation report by 1 June 2021 and send to the European Parliament and to the it to the European Parliament and to the Council. The report - building on relevant Council. The report - building on relevant consultations of Member States and key consultations of Member States and key stakeholders - shall notably assess the stakeholders - shall notably assess the progress made towards the achievement of progress made towards the achievement of objectives set out in Article 2. It shall also objectives set out in Article 2. It shall also analyse cross border participation of SMEs analyse the impact on SMEs, particularly in projects implemented under the as regards cross-border participation in programme as well as the participation of projects implemented under the SMEs to the global value chain. programme as well as participation in the global value chain.

Or. it

Amendment 463 Angelo Ciocca, Christelle Lechevalier

Proposal for a regulation Article 17 – paragraph 2

Text proposed by the Commission Amendment

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retrospective evaluation report and send it retrospective evaluation report and send it to the European Parliament and to the to the European Parliament and to the Council. The report - building on relevant Council. The report - building on relevant consultations of Member States and key consultations of Member States and key stakeholders - shall notably assess the stakeholders - shall notably assess the progress made towards the achievement of progress made towards the achievement of objectives set out in Article 2. It shall also objectives set out in Article 2. It shall also analyse cross border participation of SMEs analyse participation of SMEs in projects in projects implemented under the implemented under the programme as well programme as well as the participation of as the participation of SMEs to the global SMEs to the global value chain. value chain.

Or. en

Amendment 464 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2a. In due time before the end of this Programme, the Commission shall draw up an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme at the level of results and impacts, the efficiency of the use of resources and its European added value. This interim evaluation report shall be available to the European Parliament and the Council before any decision on a continuation of the Programme under a new multiannual financial framework can be taken.

Or. en

Amendment 465 Miroslav Poche, Zigmantas Balčytis, Patrizia Toia, Peter Kouroumbashev, Edouard Martin, Clare Moody, José Blanco López, Dan Nica, Carlos Zorrinho

Proposal for a regulation Article 17 – paragraph 2 a (new)

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Text proposed by the Commission Amendment

2a. In due time before the end of this Programme, the Commission shall, as appropriate, put forward a legislative proposal for a continuation of the industrial development programme in the field of defence, together with appropriate financing under the new multiannual financial framework.

Or. en

Amendment 466 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2b. The Commission shall establish a final evaluation report on the longer-term impact and sustainability of the effects of the measures.

Or. en

Amendment 467 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2c. All grant 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.

Or. en

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Amendment 468 Martina Werner, Jens Geier, Constanze Krehl, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2 d (new)

Text proposed by the Commission Amendment

2d. The Commission shall submit the reports referred to in paragraphs 2, 2a and 2b to the European Parliament and the Council.

Or. en

Amendment 469 Martina Werner, Jens Geier, Constanze Krehl, Eugen Freund, Arne Lietz, Arndt Kohn

Proposal for a regulation Article 17 – paragraph 2 e (new)

Text proposed by the Commission Amendment

2e. Member States shall report to the Commission or the EU delegations on their exports of EU-funded defence technologies and equipment to third countries on a six-monthly basis. The Commission shall set up a tracking mechanism to verify the end-use and end- users of defence technologies and equipment funded by the Programme and exported to third countries and report back to the European Parliament on a yearly basis.

Or. en

Amendment 470 Martina Werner, Jens Geier, Constanze Krehl, Arne Lietz, Arndt Kohn

Proposal for a regulation Annex I (new)

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Text proposed by the Commission Amendment

ANNEX I 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; - Weapons systems that are not regulated by international legal frameworks that have been ratified by the Union or all EU member states individually to prevent misuse;

Or. en

Amendment 471 Miroslav Poche, Zigmantas Balčytis, Flavio Zanonato, Edouard Martin, Clare Moody, José Blanco López, Theresa Griffin, Dan Nica, Carlos Zorrinho

Proposal for a regulation Annex I (new)

Text proposed by the Commission Amendment

ANNEX I 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 human intervention

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Non eligible products, when they are mainly developed for export purposes: - Small arms and light weapons

Or. en

Amendment 472 Martina Werner, Jens Geier, Constanze Krehl, Arndt Kohn, Arne Lietz

Proposal for a regulation Annex II (new)

Text proposed by the Commission Amendment

ANNEX II Non eligible products, when they are mainly developed for export purposes: - Small arms and light weapons

Or. en

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