Activities of Paloma LÓPEZ BERMEJO related to 2017/0224(COD)
Plenary speeches (1)
Framework for screening of foreign direct investments into the European Union (debate) ES
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 (29)
Amendment 65 #
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, subject to certain requirements.environmental standards and working conditions, subject to certain requirements. (This amendment applies throughout the whole text, as we consider that security and public order are dangerous and arbitrary concepts. Also, the only good reasons to ban foreign investments are the protection of workers and social and environmental standards. Therefore, these should be the grounds for screening.)
Amendment 78 #
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. This is without prejudice to the sole responsibility of the Member States for the maintenance of national securMember State competences and responsibility.
Amendment 81 #
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. The nationalization of one or more companies should be considered where its activities constitute risks to environmental standards and working conditions, especially when the sectors concerned are of strategic importance.
Amendment 98 #
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 jobs and environmental risks, 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 105 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism 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 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 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 113 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 117 #
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 opinioncomments 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 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 123 #
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 screening mechanisms 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 138 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 143 #
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. environmental standards and working conditions. (This amendment, as we explain in Recital 3, applies to the whole text, articles included, but we think it is important to reiterate it here, as the article regards the subject matter and scope of the text.)
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. 'foreign direct investment' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 150 #
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 with the terms set out in this Regulation. Nationalisation shall be considered a means to employ when environmental standards and working conditions are at stake.
Amendment 167 #
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 job losses and environmental risks, critical infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 192 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 a (new)
Article 4 – paragraph 1 – indent 4 a (new)
– jobs and labour market.
Amendment 194 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 b (new)
Article 4 – paragraph 1 – indent 4 b (new)
– social services such as health, education, or social security.
Amendment 196 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 c (new)
Article 4 – paragraph 1 – indent 4 c (new)
– consumer protection.
Amendment 217 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shallmay establish timeframes for issuing screening decisions. Such timeframes shallcould allow them to take into account the comments of Member States referred to in Article 8 and the opinionand of the Commission referred to in Articles 8 and 9.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall establish timeframes for issuing screening decisions. 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 226 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay notify to the Commission their existing screening mechanisms by […] (30 days of the entry into force of this Regulation) at the latest. Member States shallmay notify to the Commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest.
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States that maintain screening mechanisms shallmay provide the Commission with an annual report on the application of their screening mechanisms. For each reporting period, the report shallmay include in particular information on:
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shallmay 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 243 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall, when they consider it necessary, may 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 5 working days fromafter 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 246 #
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, it may provide comments to the Member State where the foreign direct investment is planned or has been completed. The comments shallmay be forwarded to the Commission in parallel. However, the Member State where the foreign investment is planned has the exclusive competence to make a decision.
Amendment 256 #
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, it may issue an opinioncomments 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 284 #
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, the Commission may issue an opinioncomments addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 289 #
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 the opinioncomments referred to in paragraph 1.
Amendment 295 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shallmay address its opinioncomments 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 opinioncomments shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinionthe comments, the 25- day period shall run from the date of receipt of the additional information.
Amendment 299 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opinioncomments of the Commission shallmay be communicated to the other Member States.
Amendment 302 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission's opinion shall not be binding on 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 explanation to the Commission in case its opinion is not followed.