Activities of Lieve WIERINCK 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 (23)
Amendment 66 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect past, current and future 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 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'foreign investor' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment; or a natural person or an undertaking that holds the following rights in the investing undertaking:
Amendment 85 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a (new)
Article 2 – paragraph 1 – point 2 – point a (new)
a) right to excercise more than 50% of the voting rights; and
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b (new)
Article 2 – paragraph 1 – point 2 – point b (new)
b) ownership right amounting to 50% of the undertaking’s capital or owns more than 50% of the rights giving entitlement to profit.
Amendment 90 #
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 95 #
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 98 #
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 or have involved a substantial amount or a significant share of EU funding, or which are covered by Union legislation regarding critical infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 102 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission may consider the potential direct and indirect effects on, inter alia:
Amendment 111 #
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, biotechnology, space or nuclear technology;
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 a (new)
Article 4 – paragraph 1 – indent 4 a (new)
- the security of supply of critical outputs such as healthcare;
Amendment 121 #
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 mayshall take into account whether the foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall notify other Member States and the Commission of any attempts by investors to circumvent the screening mechanisms and screening decisions.
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The Commission shall develop and share a ‘best practice’ screening mechanism which may be adopted by Member States, for instance where there is currently no screening mechanism in place. Member States may call upon the Commission's Structural Reform Support Service (SRSS) in setting up their screening mechanism.
Amendment 139 #
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 themdevelop a screening mechanism by ... [one year from the entry into force of this Regulation].
Amendment 148 #
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 mormore than one Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed and addressed to the other Member State(s) which could potentially be impacted, or which have been impacted. The Commission may issue an opinion irrespective of whether other Member States have provided commentschoose to do so.
Amendment 150 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Where the Commission, Member States or the Coordination group have been made aware of a threat to security or public order, such as coordinated efforts by one or more foreign countries to obtain critical assets, this information shall be shared without undue delay so that FDI screening efforts can be coordinated.
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. TUpon request by 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, shall deliver any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3.
Amendment 155 #
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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Where Member States are in an Excessive Deficit Procedure, the Commission conducts additional oversight over foreign direct investments in these Member States. Where the Commission considers that a foreign direct investment is likely to affect security or public order, it shall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 159 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request fromUpon request of the Commission, the Member State where the foreign direct investment is planned or has been completed shall deliver any information necessary to issue the opinion referred to in paragraph 1.
Amendment 160 #
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 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 information.
Amendment 167 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.
Amendment 169 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure the protection of confidential and commercially sensitive information acquired in application of this Regulation.