Activities of Angelika MLINAR 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 (38)
Amendment 84 #
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 in global trade, 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 86 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 99 #
(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 or sensitive information, 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 owned, operated or otherwise significantly controlled, directly or indirectly (e.g. through significant funding, including subsidies), by the government or state bodies of a third country.
Amendment 102 #
Proposal for a regulation
Recital 13
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, where appropriate, 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 process and the possibility for foreign investors to seek judicial redress of screening decisions.
Amendment 104 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables screening Member States to cooperate and assist each othin a transparent manner 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 whe, whose security or public order may be affected by a foreign direct investment in another 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, should be able to provide comments to the Commission and the screening Member State. The Commission should also have the possibility, where appropriate, to provide comments to the screening Member State.
Amendment 119 #
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, 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 utmostdue account of the opinion and provide an explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEUiverge from the opinion. The Commission should also have the possibility to request from those Member States the information necessary for itsthe screening of such investment.
Amendment 124 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission, Member States should notify their, which have screening mechanisms in place, should notify these 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.
Amendment 126 #
Proposal for a regulation
Recital 18
Recital 18
(18) To that end, it is also important to ensure a minimum level of information exchange and coordination between Member States with regard to foreign direct investments falling under the scope of this Regulation in all Member States. This information should be made available by the Member States in which thescreening Member State upon request of those Member States in which security or public order may be affected by a foreign direct investment is planned or has been completed upon request of thein the screening Member States, or of the Commission. Relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries.
Amendment 131 #
Proposal for a regulation
Recital 19
Recital 19
(19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State, even if a Member State does not have a screening mechanism in place.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States andof foreign direct investments in the Union on the grounds of security or public order and for the screening by the Commission of foreign direct investments in the Unionof Union interest on the grounds of security orand public order.
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likelyconsidered to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, including defence, energy, transport, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 205 #
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 significantly directly or indirectly controlled by the government or state bodies of a third country, including through significant funding.
Amendment 215 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States' screening mechanisms shall be transparent and not discriminate between third countries. In particular, Member States shall set out the circumstances triggering the screening, the grounds for screening and the applicable detailed procedural rules regarding the screening and the screening decisions.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall establish timeframes for issuing screening decisions and make them publicly available. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the opinion of the Commission referred to in Articles 8 and 9.
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall notify to the Commission their existing screening mechanisms by […] (360 days of the entry into force of this Regulation) at the latest. Member States shall notify to the Commission any amendment to an existing screening mechanism or any newly adopted screening mechanism withinby 30 days of entry into force of the screening mechanism or of the amendment to the existing one at the latest.
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States that maintain screening mechanisms shall provide the Commission with an biannual report on the application of their screening mechanisms. For each reporting period, the report shall include in particular information on:
Amendment 239 #
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 biannual report covering foreign directs investments that took place in their territory, on the basis of information available to them.
Amendment 242 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall inform the Commission and the other Member States that maintain a screening mechanism of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms, within 5 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 248 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State duly considers that a foreign direct investment planned or completedundergoing screening in another Member State is likely to 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 forwardeundergoing screening and to the Commission in parallel.
Amendment 257 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission duly considers that a foreign direct investment undergoing screening in a Member State is likely to affect security or public order in one or more Member States, it may issue an opinion addressedprovide comments to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinionundergoing screening irrespective of whether other Member States have provided comments.
Amendment 261 #
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 may request from the Member State where the foreign direct investment is planned or has been completed, anyundergoing screening, information necessary to provide comments referredpursuant to in paragraph 2, or to issue the opinion referre and to in paragraph 3.
Amendment 264 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Comments pursuant to paragraphs 2 or opinions pursuantd to paragraph 3 shall be addressed to the screening 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 havenecessary to issue comments pursuant to paragraph 25 additional working days for issuing the opinionnd to paragraph 3.
Amendment 268 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The screening Member States where the foreign direct investment is planned or has been completeds shall give due consideration tof the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 3.
Amendment 274 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. Member States and the Commission shall take all necessary measures to ensure the protection of confidential and other sensitive information, including commercially- sensitive information.
Amendment 275 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Framework for Commission screeningscreening of foreign direct investments affecting projects or programmes of Union interest
Amendment 285 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission duly considers that a foreign direct investment is likely to significantly affect projects or programmes of Union interest on grounds of security or public order, the Commission may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 290 #
Proposal for a regulation
Article 9 – paragraph 2
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 thean opinion referred to inpursuant to paragraph 1.
Amendment 293 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall addressissue its opinion to the Member State concerned within a reasonable period of time, and in any case no later than 25 working days following receipt of the information requested by the Commission pursuant to paragraph 2. Where a Member State has a screening mechanism in place as referred to in Article 3(1) and the information on foreign direct investment undergoing screening has been received by the Commission pursuant to Article 8(1), the opinion shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinion, the 25-day period shall run from the date of receipt of the additional informationnecessary to issue an opinion pursuant to paragraph 1.
Amendment 297 #
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. Member States and the Commission shall take all necessary measures to ensure the protection of confidential and other sensitive information, including commercially- sensitive information.
Amendment 305 #
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 utmostdue account of the Commission's opinion and provide a written explanation to the Commission in case its opinion is not followed.
Amendment 308 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that theany additional 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.
Amendment 309 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 of this Article shallmay include, in particularter alia:
Amendment 310 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) The ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed, including information on the ultimate controlling shareholder or shareholders, the administrative management and supervisory bodies;
Amendment 314 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) The products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ;
Amendment 316 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) The Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned or has been completed conduct business operations;
Amendment 318 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure the protection of confidential information, including commercially-sensitive information, acquired in application of this Regulation.
Amendment 322 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State, regardless of whether it maintains a screening mechanism, shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involve these FDI screening contact points on all issues related to implementation of this Regulation.