24 Amendments of Dita CHARANZOVÁ related to 2017/0224(COD)

Proposal for a regulation
Recital 9

(9) ~~A broad range of i~~Investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity with regards to public security and public order in a Member State should be covered.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 13

(13) It is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by Member States to allow investors, the Commission and other Member States to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non-discriminatory between third countries. Those elements should at least include the establishment of timeframes for the screening of and, minimum qualitative requirements for, data to be provided by Member States to improve the reliability and comparability of data sets on foreign direct investment and the possibility for foreign investors to seek judicial redress of screening decisions.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 14

(14) A mechanism which enables Member States to cooperate and assist each other where a foreign direct investment in one Member State may affect the security or public order of other Member States should be set up. Member States should be able to provide comments to a Member State in which the investment is planned or has been completed, ~~irrespective of~~reflecting whether the Member States providing comments or the Member States in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment. The comments of Member States should also be forwarded to the Commission. The Commission should also have the possibility, where appropriate, to issue an opinion to the Member State in which the investment is planned or has been completed, irrespective of whether this Member State maintains a screening mechanism or is screening the investment and irrespective of whether other Member States have provided comments.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 17

(17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission and improve the reliability and comparability of data provided by Member States, Member States should notify their screening mechanisms and any amendment thereto to the Commission, and should report on the application of their screening mechanisms on a regular basis. For the same reason, Member States that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory, on the basis of the information available to them.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 20

(20) Member States and the Commission should take all necessary measures to ensure the protection of confidential and other sensitive information particularly when trade secrets are concerned.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 21

(21) No later than ~~three~~four years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be accompanied, where appropriate, by a legislative proposal.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 3 – paragraph 2

2. The Commission may solely screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 4 – paragraph 1 – indent 4

- access to sensitive information or the ability to control sensitive information, infrastructure for analysis of “big data” and media.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 4 – paragraph 2

In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may take into account whether the foreign investor is directly or indirectly controlled by the government of a third country, including through ownership structure or significant funding.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 1

Member States may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions. These measures may also include situation when ownership structure or other key characteristics of the investor have significantly changed in the period following completion of the foreign direct investment concerned.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 3

3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be duly protected, particularly in respect to the protection of trade secrets.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Member States that maintain screening mechanisms shall provide the Commission ~~with an annual~~every two years with a report on the application of their screening mechanisms. For each reporting period, the report shall include in particular information on:

2018/04/12
Committee: INTA

Proposal for a regulation
Article 7 – paragraph 3

3. Member States that do not maintain screening mechanisms shall provide the Commission ~~with an annual~~every two years with a report covering foreign directs investments that took place in their territory, on the basis of information available to them.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 2

2. Where a Member State has justified reasons to considers that a foreign direct investment planned or completed in another Member State ~~is likely to~~will affect its security or public order, it may provide comments to the Member State where the foreign direct investment is planned or has been completed. The comments shall be forwarded to the Commission in parallel.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 3

3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or more Member States, it may issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinion irrespective of whether other Member States have provided comments.deleted

2018/04/12
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 4

4. ~~The Commission or a~~A Member State which ~~duly~~has justified reasons to considers that a foreign direct investment is likely to affect its security or public order may request from the Member State where the foreign direct investment is planned or has been completed, any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 5

5. Comments 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 comments from other Member States, the Commission shall have 25 additional working days for issuing the opinion.~~

2018/04/12
Committee: INTA

Proposal for a regulation
Article 8 – paragraph 6

6. The Member States where the foreign direct investment is planned or has been completed shall give ~~due~~ consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 3.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1; the minimum qualitative requirements for the data to be provided must be met to improve the reliability and comparability of data sets on foreign direct investment provided by Member States.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 1

1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay and complies with minimum qualitative requirements for the reliability and comparability of data sets.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) The total value of the foreign direct investment;

2018/04/12
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)

(d a) the third countries in which the foreign investor carries out a substantial part of investments and business operations;

2018/04/12
Committee: INTA