35 Amendments of Massimiliano SALINI related to 2017/0224(COD)
Amendment 63 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union and the Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union ('TFEU') and embedded in the international commitments undertaken by the Union and its Member States with respect to foreign direct investment. Considering this openness the European Union should foster the level playing field in the relations with third countries.
Amendment 76 #
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 including, among others, strategic interests, enabling key technologies, strategic assets, strategic and sensitive data etc.. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security.
Amendment 80 #
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, including, among others, strategic interests, enabling key technologies, strategic assets, strategic and sensitive data, etc., and taking into account their individual situations and national circumstances. The framework should also facilitate the Member States without a screening mechanism adopting one.
Amendment 95 #
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 critical infrastructure, strategic assets, technologies, including key enabling technologies, strategic and sensitive data, strategic interests, 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), extended credit and lending by the government of a third country or by a state-owned financial institution by the government of a third country.
Amendment 107 #
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. In order to improve cooperation, coordination and communication among Member States as well as the sharing of information, related to all the issues within the scope of the Regulation, the European Commission will facilitate the creation of a Coordination Group.
Amendment 111 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to give certainty to the investors, the cooperation mechanism should be usually applied to the planned investments. The cooperation mechanism could be activated on completed investments only in exceptional cases or if exist the reasonable doubt that changes to one or more of the points listed in Article 10 paragraph 2 have occurred.
Amendment 114 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screenutinize foreign direct investments likely to affect projects and programmes of Union interest on grounds of security or public order. 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 and competitiveness. This should include in particular projects and programmes involving a substantial EU funding or established by Union legislation regarding critical infrastructure, 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 can be subject to a screening by the Commission should be listed in an Annex.
Amendment 120 #
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 non-binding 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 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 125 #
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 127 #
Proposal for a regulation
Recital 18
Recital 18
(18) To that end, it is also important to ensure a minimum level of information and coordination 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 the foreign direct investment is planned or has been completed upon request of the Member States or of the Commission or the Coordination Group. 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 130 #
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 and through the establishment of a Coordination Group, run by the European Commission and composed of representatives of the Member States.
Amendment 133 #
Proposal for a regulation
Recital 20
Recital 20
(20) Member States and the Commission should take all necessary measures to ensure the highest protection of confidential and other sensitive information.
Amendment 140 #
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 including, among others, strategic interests, enabling key technologies, strategic assets, strategic and sensitive data, etc..
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screenutinize foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 177 #
– critical and strategic infrastructure, including energy, transport, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 183 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
– critical and strategic technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology;
Amendment 186 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
– the security of supply of critical inputs and critical raw materials,; or
Amendment 190 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
Article 4 – paragraph 1 – indent 4
– access to sensitive data and information or the ability to control sensitive data and information.
Amendment 202 #
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 controlled by the government of a third country, including through significant funding and subsidies, extended credit and lending by the government of a third country or a state-owned financial institution.
Amendment 219 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be highly protected.
Amendment 223 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Notification by Member States of screening mechanisms and annual reporting
Amendment 228 #
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 annual report report every three years on the application of their screening mechanisms. For each reporting period, the report shall include in particular information on:
Amendment 259 #
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, any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3. The European Commission or a Member State can ask to discuss the issue in the framework of the Coordination Group.
Amendment 265 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Comments pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the 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 ofin order to not hamper neither 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 have 25 additional working days for issuing the opinioneign direct investment nor the national screening.
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Cooperation between Member States pursuant to this Article shall take place through the contact points referred to in Article 12 and to the Coordination Group as defined in Article 12a.
Amendment 273 #
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. In order to give certainty to the investors, the cooperation mechanism should be usually applied to the planned investments. The cooperation mechanism could be activated on completed investments only in exceptional cases or if exist the reasonable doubt that changes to one or more of the points listed in Article 10 paragraph 2 have occurred.
Amendment 276 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Framework for Commission screenutinizing
Amendment 282 #
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 non- binding opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 294 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address 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 2in order to not hamper neither the foreign direct investment nor the national screening. 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 neewithin a reasonable period of time, in ordedr to issue an opinion, the 25-day period shall run from the date of receipt ofnot hamper neither the foreign direct investment nor the nadditional informationscreening.
Amendment 303 #
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 explanation to the Commission in case its opinion is not followed.
Amendment 307 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the information requested by the Commission and other Member States or by the Coordination Group pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay.
Amendment 319 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure the highest protection of confidential information acquired in application of this Regulation.
Amendment 321 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State 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 and the Coordination Group on all issues related to implementation of this Regulation.
Amendment 324 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Coordination Group The European Commission will as soon as possible facilitate the creation of a Coordination Group dedicated to inward foreign direct investment, including all issues within the scope of the proposed Regulation. The Group will be run by the Commission and composed of representatives of Member States. It could be active in particular in the following areas: identify sectors and assets that have strategic implications from a security, public order and/or control of critical assets point of view at national level, cross-border level (e.g. assets situated in one Member State that may have strategic implications on another Member State) or at EU level (building on the list of projects or programmes of Union interest); exchange information and analysis on foreign direct investments, including motives for investment, geographic origin and sources of financing (public or private); discuss issues of common concern, including level playing field issues such as subsidies and other practices by third countries facilitating strategic acquisitions, and reasons preventing European investors from acquiring and maintaining critical European technologies and inputs; share best practices and lessons learned among Member States for screening foreign direct investment; discuss the opportunity of cooperation with third countries with shared interests and shared challenges in respect of the impact of foreign direct investment on security and public order; promote convergence in policies, while respecting Member States' autonomy in choosing whether to screen foreign direct investment or not; further reflect on the means to protect European strategic assets, including through an EU-level screening mechanism; following the entry into force of the proposed Regulation, consider any question relating to its application.
Amendment 328 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation no later than 34 years after its entry into force. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.