Activities of Franck PROUST related to 2017/0224(COD)
Plenary speeches (2)
Framework for screening of foreign direct investments into the European Union (debate) FR
Framework for screening of foreign direct investments into the European Union (debate) FR
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union PDF (1 MB) DOC (221 KB)
Amendments (8)
Amendment 176 #
Proposal for a regulation
Recital 18
Recital 18
(18) To that end, it is also important, with the effectiveness of the mechanism in mind, to ensure a minimumsufficient level of information and coordination with regard to foreign direct investments falling under the scope of this Regulation in all Member States. TAll this information should be made available by the Member States in which the foreign direct investment is planned or has been completed upon request of the Member States or of the Commission. Relevant information includes aspects such as the ownership structure of the foreign end-investor, its origin and the financing of the planned or completed investment, including, when availableon the basis of the best available information, information about subsidies granted by third countries. To that end, the Commission and Member States may provide further information on the foreign investor and the foreign end- investor on the basis of their activities and experience, in particular as regards their past relations with the foreign investor.
Amendment 197 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of security or public order, with due regard for Article 346 TFEU.
Amendment 253 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, transport, communications, data storage, space or networks and services, communications, port, rail, airport, aerospace and space infrastructure, shipyards, data storage, large-scale data analysis centres, financial infrastructure, betting services as well as sensitive facilities;
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission mayust in all cases take into account, for information purposes, aspects of the context and the circumstances under which the investment is or was made and also whether: - the foreign investor is controlled by the government of a third country, including through significant fundingdirectly or indirectly, for example by a natural or legal person, an undertaking from a third country, a foreign power, a government or an army of a third country, including through significant funding, which may take the form of subsidies, or a political presence in its decision-making centres; - the sector in which the foreign investor is active is regarded as a strategic sector by his or her country of origin; - the foreign investor is involved or included in a strategic project carried out by a third country in the area of research or technology transfer or acquisition; - the origin of the funds is known or not; - the investment can reinforce or lead to a monopolistic structure or the control of a value chain for example through the communication of the list of all the mergers analysed by the Commission involving the enterprise of the third State as well as the communication of the list of all the mergers analysed by the national competition authorities involving the same enterprise; - the foreign investment is part of a project, a programme or an economic or political strategy carried out by a third country; - access to the sector in the foreign investor’s country of origin is open, restricted or banned and there is no reciprocity or a level playing field; - the statutes of the target undertaking include change of ownership clauses; - the good or bad relations the Commission or the Member States previously enjoyed with the foreign investor have been taken into account. The Commission shall outline the situation on the basis of the best information available and, in the context of the opinions it forwards to the Member States, the burden of proof shall rest with the foreign investor.
Amendment 377 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. CommentsThe opinions drawn up pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned or has been completed within a reasonable period of time, and in any case no later than 25 working days following receipt of the information referred to in paragraphs 1 or 4. In cases where the opinion of the Commission follows commentthe opinions from other Member States, the Commission shall have 2510 additional working days for issuing the opinion.
Amendment 413 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concerned within a reasonable period of time, and in any case no later than 25 working days following receipt of the information requested by the Commission pursuant to paragraph 2. Where a Member State has a screening mechanism in place as referred to in Article 3(1) and the information on foreign direct investment undergoing screening has been received by the Commission pursuant to Article 8(1), the opinion shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinion or a Member State has issued an opinion, the 2510-day period shall run from the date of receipt of the additional information.
Amendment 469 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
– 5G for Europe: An Action Plan Communication (COM (2013) 634) from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (OJ C177, 11 June 2014, pp. 64-70)
Amendment 473 #
Proposal for a regulation
Annex I b (new)
Annex I b (new)
- Research Fund for Coal and Steel Council Decision (EU) 2017/955 of 29 May 2017 amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme