23 Amendments of Alessia Maria MOSCA related to 2017/0224(COD)
Amendment 69 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Whereas screening mechanisms which exist in several Member States or in non-EU states never constitute an obstacle to foreign direct investments provided that they are known, anticipated and don't extensively delay investments’ realisation.
Amendment 71 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Whereas dominant position of individuals, multinationals or foreign public enterprises as defined by European competition law may represent a threat for the security and public order within the European Union.
Amendment 94 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The dominant position of individuals, in particular multinationals or state-owned entreprises as defined in European competition law may constitute a threat to the security and public order of the Union.
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshall maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Foreign direct investments of public origin, especially when they are realised by third-country security or intelligence entities, are particularly scrutinised by the Member-States as well as by the Commission.
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms 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 262 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, water, transport, communications and the media, public health, research, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. In cases where comments pursuant to paragraph 2 or opinions pursuant to paragraph 3 are not followed by concrete action in terms of screening of the foreign direct investment, or when the Commission's opinion in the frame of Article 9 is not followed, a Member-State or the Commission can request a final decision on the matter by the Coordination Group of Article 12a. This decision is adopted by a 2/3 majority and is binding for the Member-State where the foreign direct investment is planned or completed.
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
- the security of supply of critical inputs; or when screening is carried out, the Member States and the Union should take account of the impact of direct foreign investments on the strategic autonomy of the Union and its Member States and on the value chain for critical technologies and sectors;
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
Article 4 – paragraph 1 – indent 4
- access to sensitive information or the ability to control sensitive information including sensitive personal data of European citizens.
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The screening on the grounds of security and public order should include; - The degree of reciprocity in openness to foreign direct investments. - The extent to which a foreign direct investment is part of a state-led industrial policy strategy in support of strategic national interests; whether the investment originates from or are directly or indirectly linked to countries subject to EU sanctions, or jurisdictions designated as tax havens in the Council Conclusions of 5 December 2017 on the EU list of non-cooperative jurisdictions for tax purposes. Furthermore the Commission may take into account whether the foreign investor: - Is controlled by the government of a third country through significant funding, including subsidies, preferential tax treatment, export credits, investments by state funds etc; Effective control may also arise through the use of extended credit and lending by the government of a third country or a state-owned financial institution, or any other state-owned enterprise of a third country; - Receives substantial state aid ; - Respects core labour standards and international agreements on sustainable development in its global operations.
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Member States and the Commission shall also consider whether the country where the foreign investor is established is listed in Annex II of this Regulation.
Amendment 303 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1.The Commission shall carry out an investigation into the most significant barriers to investment abroad encountered by Union investors. 2. Based on the findings of this investigation the Commission shall propose a delegated act within one year of the entry into force of this Regulation listing in Annex II of this Regulation the countries where the most significant barriers are encountered.
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. In case of unresolved disagreement between the Member-State where the foreign direct investment is planned or has been completed and the Commission, a binding final decision is taken by the Coordination Group of Article 12a by 2/3 majority.
Amendment 317 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) The funding of the investment and the guarantee of the lawfulness of its source, on the basis of information available to the Member State.
Amendment 325 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be set up. Every Member-State shall be represented. 2. The group may exchange views and information on any foreign direct investment that is undergoing screening within the framework of Member States’ screening mechanisms and for which a cooperation mechanism has been activated under Article 8 or 9. 3. The Commission shall submit an annual report in writing to the European Parliament on the activities, examinations and exchange of views of the Investment Screening Coordination Group.
Amendment 387 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7 a. If at least four Member States representing at least 35% of the EU’s overall population have submitted comments indicating that the foreign direct investment planned or completed in another Member State is negatively affecting their security or public order the Member State where the foreign direct investment is planned or completed shall endeavour to propose mitigating measures within three months.
Amendment 416 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opinion of the Commission shall be communicated to the other Member States and to the Parliament.
Amendment 425 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. The protection of confidential and other sensitive information, including commercially-sensitive information, shall be done in accordance with Directive (EU) 2016/943.
Amendment 453 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The Commission shall be empowered to adopt delegated acts in order to amend the lists of projects or programmes of Union interest set out in Annex I and the list of countries with the most significant barriers to European investors set out in Annex II.
Amendment 470 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
ANNEX II (new) List of countries with the most significant barriers to Union investors.