Activities of Bernard MONOT related to 2017/0224(COD)
Shadow opinions (1)
OPINION 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
Amendments (19)
Amendment 31 #
Proposal for a regulation
Recital 1
Recital 1
(1) Foreign direct investment contributes to the Union'sEU Member States' growth, by enhancing itstheir competitiveness, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 37 #
Proposal for a regulation
Recital 6
Recital 6
(6) Foreign direct investments are essentially stakes in the capital of companies, and do not therefore falls within the scope of common commercial policy. In accordance witht must be borne in mind that under Article 3(1)(e) TFEU, the European Union has an exclusive competence with respect to the common commercial policy, which does not apply to foreign direct investments.
Amendment 40 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishingThe establishment of a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This isshould be without prejudice to the sole responsibility of the Member States for the maintenance of national security and public order.
Amendment 45 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the means to address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility for Member States to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances.
Amendment 48 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should be able to take the necessary measures, in compliance with Union law, to prevent circumvention of their screening mechanisms and decisions to protect security or public order. This should cover cross-border investments within the Union by means of artificial arrangements that do not reflect economic reality and circumvent the screening mechanisms and screening decisions, in particular - but not only - where the investor is ultimately owned or controlled by a natural person or an undertaking of a third country. This is without prejudice to the freedom of establishment and free movement of capital enshrined in the TFEU.
Amendment 51 #
Proposal for a regulation
Recital 11
Recital 11
(11) To guide Member States and the Commission in the application of the Regulation, it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order. This list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the Union. This list of factors that may affect security or public order should remain non-exhaustive.
Amendment 53 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or public order, Member States and the Commission should be able to consider all relevant factors, including the effects on critical infrastructure, technologies, including key enabling technologies, and inputs which are essential for security or the maintenance of public order, and the disruption, loss or destruction of which would have a significant impact in a Member State or in the Union. In that regard, Member States and the Commission should also be able to take into account whether a foreign investor is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government of a third country or large multinational companies. Multinational companies known for their aggressive tax optimisation practices and for systematically relocating production activities should be prevented from depriving the Member States of their economic lifeblood and contributing to the gradual exclusion from society of ever larger numbers of people in the Member States.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 69 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 81 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
This Regulation helps to 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.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'foreign investor' means a natural person of a third country or an undertaking of a third countrycountry other than that Member State or an undertaking of a country other than that Member State intending to make or having made a foreign direct investment;
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance withnotably on the basis of the terms set out in this Regulation.
Amendment 92 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission, in addition to the Member States, may screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 120 #
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 may take into account whether the foreign investor is controlled by the government of a third country, including through significant funding, as well as the multinational nature of the foreign investor, in particular its practices concerning tax evasion and aggressive tax optimisation and the systematic relocation of production.
Amendment 134 #
Proposal for a regulation
Article 7
Article 7
Amendment 144 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall inform the Commission and the other Member States of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms, within 530 working days from the start of the screening. As part of the information, and when applicable, the screening Member States shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of Regulation (EC) No 139/2004.
Amendment 175 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation no later than 3five years after its entry into force. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.
Amendment 176 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2