38 Amendments of Katrin LANGENSIEPEN related to 2024/0017(COD)
Amendment 32 #
Proposal for a regulation
Recital 17
Recital 17
(17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create lasting and direct links between a foreign investor and such facilities or such undertakings. In addition, by setting up new facilities, a foreign investor can impact on security and public order, including when that risk concerns essential economic inputs. Member States are therefore encouragshould be required to include greenfield foreign investments in the scope of transactions covered by their screening mechanisms, in particular when such investments occur in sectors relevant to their security or public order or when they present characteristics such as size or essential nature to be relevant to their security or public order.
Amendment 38 #
Proposal for a regulation
Recital 25
Recital 25
(25) Furthermore, it should be possible for the Commission to adopt an opinion addressed to all Member States if it identifies several foreign investments that, taken individually or together, are likely to impact the security or public order of the Union. This could notably be the case where several foreign investments present comparable characteristics. These include where the foreign investments are made by the same foreign investor, or foreign investors presenting similar risks, or where several foreign investments concern the same target or the same infrastructure, including trans-European infrastructure for transport, energy and communication. Member States and the Commission should discuss the risk analysis and the possible ways to address the risks identified in the opinion, including by adopting mitigating measures.
Amendment 40 #
Proposal for a regulation
Recital 26
Recital 26
(26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments and the Commission should have the possibility to issue an opinion on foreign investments that have been completed but not notified up to 15at least 24 months after the completion of the foreign investment.
Amendment 43 #
Proposal for a regulation
Recital 27
Recital 27
(27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These should include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, includingespecially those that receive funding from the Union.
Amendment 44 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the likely effect of a foreign investment on the security or public order of one or more Member States is adequately addressed, Member States receiving duly justified comments from other Member States or an opinion from the Commission should give such comments or opinion utmost consideration, including where it considers that its own security or public order is not affected. The Member State should coordinate with the Commission and the Member States concerned if necessary and provide them with written feedback on the decision taken and how the comments and the opinion have been given utmost consideration. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completedIf the Commission considers that its opinion has not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue an additional opinion to adopt recommendations. Such opinion should have a binding effect.
Amendment 45 #
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure the effective functioning of the cooperation mechanism, it is important to require that the Member State notifying the foreign investment to the cooperation mechanism provides a minimum level of information in a standardised format. Where the cooperation concerns a foreign investment not notified to the cooperation mechanism, the Member State where the foreign investment is planned or has been completed should be able to provide at least the same minimum level of information. The Commission and Member States may seek additional information from the Member State where the foreign investment is planned or completed. Such request for additional information should be duly justified, limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request and not unduly burdensome for the notifying Member State.
Amendment 51 #
Proposal for a regulation
Recital 36
Recital 36
(36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order.
Amendment 56 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Commission should evaluate the functioning and effectiveness of this Regulation 53 years after the date of application of this Regulation and every 53 years after that and present a report to the European Parliament and to the Council. That report should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending this Regulation, it may be accompanied by a legislative proposal.
Amendment 59 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to take into account developments relating to projects or programmes of Union interest and to adapt the list of technologies, infrastructure, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. The list of projects and programmes of Union interest set out in Annex I should cover projects or programmes covered by EU law which provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs which are essential for security or public order. The list of technologies, infrastructure, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union set out in Annex II should include areas where a foreign investment may affect security or public order in more than one Member State or in the Union as a whole through an Union target, which does not participate in or receive funds from a project or programme of Union interest. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making16 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 16 OJ L 123, 12.5.2016, p. 1.
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs or critical services which are essential for security or public order and are listed in Annex I;
Amendment 82 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 1524 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order;
Amendment 90 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target is established or is to be established in their territory:
Amendment 94 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in a Union target established or to be established in their territory that:
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i a (new)
Article 5 – paragraph 1 – point b – point i a (new)
(i a) the ownership structure is opaque or unclear;
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or to be established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or to be established in their territory, in exceptional cases, where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.
Amendment 98 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established or to be established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Amendment 104 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The Commission may issue an opinion regardless of whether Member States have issued comments. For cases where the notification is based on an unclear or opaque ownership structure, the Commission shall issue an opinion.
Amendment 105 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission mayshall issue a duly motivated opinion addressed to all Member States if it considers that one or several foreign investments or other similar investments if they were to be made, taken individually or together, and having regard to their characteristics could affect the security or public order of the Union. After a Commission opinion is issued, the Commission mayshall, as appropriate, discuss with Member States how to address the identified risks, including through the adoption of mitigating measures.
Amendment 111 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Where the Member States or the Commission indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give utmost consideration to their comments provided pursuant to pursuant to paragraph 1 or the opinion provided pursuant to paragraph 2 or 3, the Member State where the investment is planned or completed shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall endeavour to identify solutions, should a similar situation arise in the future. Where the screening decision concerns a multi- country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be invited. The Commission shall be invited to any meetings organised pursuant to this paragraph. For cases where the Commission considers that its opinions has not been given utmost consideration, and that security and public of the Union can be significantly affected, it may issue a follow-up opinion with binding recommendations on how to address the identified risks.
Amendment 119 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at least 1524 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 124 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at least 1524 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 129 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article9a New Investigations by the Commission 1.The Commission may initiate an investigation on its own initiative or at the request of at least two Member States, provided that the following conditions are met: (i) there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State; (ii) the investment relates to EU projects or programmes listed in Annex I of this Regulation; (iii) and it is unclear which Member State has the authority to conduct the investigation. 2.The Commission shall have the right to: - request information from the Member States concerned, investors and other relevant parties; - carry out inspections in the territories of the Member States where the investment is made; - examine witnesses and experts; - cooperate with national regulatory authorities and other competent authorities. 3. Member States shall, upon request by the Commission, provide all information requested without undue delay and provide full assistance to the investigation. 4. The Commission shall publish a report to state the results of the investigation and adopt recommendations to the Member States concerned. 5. All information obtained in the course of the investigation shall be treated as confidential and may not be disclosed to third parties without appropriate authorisation.
Amendment 134 #
Proposal for a regulation
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21 . The results of the Union level coordinated security risk assessments of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall also be taken into account. ; _________________ 20 Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164–198, ELI: http://data.europa.eu/eli/dir/2022/2557/oj). 21 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (OJ L 333, 27.12.2022, p. 80–152, ELI: http://data.europa.eu/eli/dir/2022/2555/oj).
Amendment 135 #
Proposal for a regulation
Article 13 – paragraph 3 – point a a (new)
Article 13 – paragraph 3 – point a a (new)
(a a) the functioning and integrity of the Single Market taking into consideration supply chains dependencies and market position analysis;
Amendment 138 #
Proposal for a regulation
Article 13 – paragraph 3 – point a b (new)
Article 13 – paragraph 3 – point a b (new)
(a b) the protection and continuity of Services of General Interest and Services of General Economic Interest;
Amendment 139 #
Proposal for a regulation
Article 13 – paragraph 3 – point a c (new)
Article 13 – paragraph 3 – point a c (new)
(a c) the protection of the financial stability of the Union;
Amendment 143 #
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) the continuity of supply of critical inputs, resources or critical services;
Amendment 148 #
Proposal for a regulation
Article 13 – paragraph 3 – point e
Article 13 – paragraph 3 – point e
(e) the freedom and pluralism of the media, including onlinefundamental rights, civic discourses and impact on electoral processes, rule of law, including online and social media platforms that can be used for large scale disinformation or criminal activities.
Amendment 162 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or an opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States or in the Union, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Amendment 164 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment whereby the precautionary principle applies in particular.
Amendment 165 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Member State where the foreign investment is planned or completed considers that other measures pursuant to Union or national law are available and appropriate to address the foreign investment’s effect on security and public order, the foreign investment shall be authorised without conditions.
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. When the foreign investment does not comply with the mitigating measures provided in a screening decision, the Member State may, without prejudice to other administrative, financial, or criminal provisions provided for by its national law: (a) withdraw the authorisation granted to a foreign investment; (b) adopt additional mitigating measures; (c ) impose penalties; (d) impose a periodic penalty payment until the mitigating measures are complied with. When the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation that has not complied with the mitigating measures, or to impose sanctions aimed at enforcing the specified mitigating measures in accordance with this paragraph, it shall notify the Member States that submitted observations on this foreign investment within a reasonable timeframe.
Amendment 176 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(c a) number of foreign investments that are currently still being processed and the number of cases that cannot be resolved;
Amendment 177 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall evaluate the functioning and effectiveness of this Regulation 53 years after the date of application of this Regulation and every 53 years thereafter and present a report to the European Parliament and to the Council. Member States shall be involved in this exercise and, if necessary, provide the Commission with additional information for the preparation of that report.
Amendment 185 #
Proposal for a regulation
Article 19 – paragraph 2 – point e
Article 19 – paragraph 2 – point e
(e) the emergence of a (geo-)political situation of particular importance for security or public order of the Union.
Amendment 191 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Regulation (EU) 2019/452 is repealed with effect from [date: 152 months after entry into force].
Amendment 192 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [date: 152 months after entry into force].
Amendment 194 #
Proposal for a regulation
Annex I – point 20 a (new)
Annex I – point 20 a (new)
20 a. The European Defence Industry Programme (EDIP) Regulation EU ( ) of the European Parliament and of the Council of ( ) implementing concrete measures identified in the European Defence Industrial Strategy (EDIS).