29 Amendments of Fabio Massimo CASTALDO related to 2017/0224(COD)
Amendment 16 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to the international commitments undertaken in the World Trade Organisation, the Organisation for Economic Cooperation and Development, and in the trade and investment agreements concluded with third countries, the Union and Members States may adopt restrictive measures relating to foreign direct investment on the grounds of security or, public order or strategic interest, subject to certain requirements.
Amendment 17 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have put in place measures according to which they may restrict the movement of capital between Member States and between Member States and third countries on grounds of public policy or public security. Those measures reflect Member States' objectives and concerns with respect to foreign direct investment, and result in a number of different measures in terms of scope and procedure. Other Member States do not have such mechanisms and should therefore introduce them.
Amendment 25 #
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 establishing a framework for the screening of foreign direct investment in the Union on grounds of security or, public order or strategic interest. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security.
Amendment 28 #
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 or strategic interest, taking into account their individual situations and national circumstances.
Amendment 33 #
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 or strategic interest. This should cover investments within the Union by means of artificial arrangements that do not reflect economic reality and circumvent the screening mechanisms and screening decisions, 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 38 #
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 or strategic interest. 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 44 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or, public order or strategic interest, 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.
Amendment 52 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism should be set up 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 upor the strategic interest of the Union. Member States should be able to provide comments to a Member State in which the investment is planned or has been completed, irrespective of 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.
Amendment 55 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of Union interest on grounds of security or, public order or strategic interest. This would give the Commission a tool to protect projects and programmes which serve the Union as whole and represent an important contribution to its economic growth, jobs, security, strategic interest and competitiveness. This should include in particular projects and programmes involving a substantial EU funding or established by Union legislation regarding critical infrastructure, defence, critical technologies or critical inputs. For greater clarity, an indicative list of projects or programmes of Union interest in relation to which foreign direct investment canshould be subject to a screening by the Commission should be listed in an Annex. This list should be promptly updated whenever new projects or programmes come into effect.
Amendment 61 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or, public order or strategic interest, the Commission should have the possibility to address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take utmost account of the opinion and provide an detailed explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States the information necessary for its screening of such investment.
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – 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 or strategic interest.
Amendment 85 #
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 country intending to make or having made a foreign direct investment, or a third state;
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 or strategic interest, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or, public order or strategic interest.
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of EU funding, or which are covered by Union legislation regarding critical infrastructure, defence, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 108 #
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 or strategic interest, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, including energy, water, transport, communications, health, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
– critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, military and defence technologies, cybersecurity, space or nuclear technology;
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
– the security of supply of critical or strategic inputs; or
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
Article 4 – paragraph 1 – indent 4
– access to sensitive or strategic information or the ability to control sensitive or strategic information.
Amendment 136 #
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 or strategic interest, Member States and the Commission mayshall take into account whether the foreign investor is controlled by the government of a third country, including through significant fundingdirectly or indirectly, by any method.
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shall undertake to introduce them and shall provide the Commission with an annual report covering foreign directs investments that took place in their territory, on the basis of information available to them.
Amendment 157 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its security or, public order or strategic interest, 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.
Amendment 160 #
Proposal for a regulation
Article 8 – paragraph 3
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, or the security and strategic interest of the Union, 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.
Amendment 166 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission or a Member State which duly considers that a foreign direct investment is likely to affect its security or public order, or the security and strategic interest of the Union, 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.
Amendment 173 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or, public order or strategic interest, the Commission mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 182 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Member States where the foreign direct investment is planned or has been completed shall take utmost account of the Commission's opinion and provide an detailed explanation to the Commission in case its opinion is not followed.
Amendment 190 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) The products, services, patents and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ;
Amendment 194 #
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(ea) Any other information available to the Member State that can help to determine whether the investment falls within the scope of this Regulation.