19 Amendments of Agnes JONGERIUS related to 2017/0224(COD)
Amendment 86 #
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' objectivethe objectives and concerns of Member States, economic operators, the social partners and conceritizens with respect to foreign direct investment, and result in a number of different measuresmeasures that are not coordinated or harmonised at Union level in terms of their scope and procedures. Other Member States do not have such mechanisms and must be encouraged to create them, building on the functioning, experience and best practices of national mechanisms already in place that have not given rise to a reduction in foreign investment even where the rules governing those mechanisms have been tightened up.
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 258 #
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 ornetworks and services, port, rail, airport, aerospace and space infrastructure, shipyards, data storage, large-scale data analysis, financial infrastructure, betting services as well as sensitive facilities;
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 265 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical (high-tech) technologies, including artificial intelligence, robotics, semiconductorquantum technology, nanotechnologies, information and communication technologies (ICTs), robotics, electronic chips, semiconductors, electrical batteries, technologies and goods with potential dual use applications, defence, cybersecurity, space and cybertechnologies, aerospace, the automotive sector and space, rail or nuclear technology;
Amendment 268 #
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, cybersecurity, space or nuclear technology, and any security and defence infrastructure and related supply chain;
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 316 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Cconfidential information, including commercially-sensitive information, price- sensitive information, and personal information made available by foreign investors and undertaking concerned shall be protected.
Amendment 331 #
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 themincluding territorial waters, the continental shelf and exclusive economic zones, on the basis of information available to them and the efforts made to obtain that information.
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 443 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) The funding of the investment, on the basis of qualitative information available to the Member State.
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.