27 Amendments of Markéta GREGOROVÁ related to 2024/0017(COD)
Amendment 72 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Furthermore, the Commission should have the possibility to open an investigation regarding a foreign investment on its own initiative or at the request of at least two Member States where there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State, where a foreign investment relates to EU projects or programmes and when it is not clear which Member State is competent to carry out the investigation. The Commission’s investigative powers should include the ability to collect information from the Member States concerned, investors and other relevant parties and competent authorities as well as witnesses and experts. The Commission’s findings should be stipulated in a report, which would also include recommendations to the Member States concerned.
Amendment 78 #
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 a follow-up opinion stipulating recommendations to address the risks. Such follow-up opinions should have a binding effect.
Amendment 88 #
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 101 #
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, 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 107 #
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, critical services or critical inputs which are essential for security or public order and are listed in Annex I;
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall without exception ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
Amendment 126 #
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 147 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission mayshall issue a duly motivated opinion addressed to a Member State, a group of Member States or all Member States if it considers that severala foreign investments or otherseveral similar investments if they were to be made, taken together or individually, 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 howthe actions to address the identified risks and shall monitor the implementation of these actions.
Amendment 177 #
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. If the Commission decides that its opinions have still not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue a follow-up opinion with recommendations on how to address the identified risks. Any such follow-up opinion shall have a binding effect
Amendment 197 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at least 1530 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 199 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Commission’s power to investigate 1. The Commission may initiate an investigation on its own initiative or at the request of at least two Member States, provided all the following conditions are met: there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State; the investment relates to EU projects or programmes listed in Annex I of this Regulation; and it is unclear which Member State has the authority to conduct the investigation. 2. The Commission shall have the right to: (a) request information from the Member States concerned, investors and other relevant parties; (b) carry out inspections in the territories of the Member States where the investment is made; (c) examine witnesses and experts; (d) cooperate with national regulatory authorities and other competent authorities. 3. Member States shall, upon request by the Commission, provide all information requested without delay and shall give full assistance in the investigation. 4. The Commission shall prepare a report after the investigation, setting out the results of the investigation and 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 213 #
Proposal for a regulation
Article 13 – paragraph 3 – point b a (new)
Article 13 – paragraph 3 – point b a (new)
(b a) the geopolitical situation;
Amendment 228 #
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 243 #
Proposal for a regulation
Annex I – point 16 a (new)
Annex I – point 16 a (new)
16 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).
Amendment 246 #
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
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
Amendment 248 #
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2 a. Audio-visual, digital and print media infrastructure
Amendment 249 #
Proposal for a regulation
Annex II – point 2 b (new)
Annex II – point 2 b (new)
2 b. European, national, state, and local government election-related infrastructure
Amendment 251 #
Proposal for a regulation
Annex II – point 3 – point a – indent 4 a (new)
Annex II – point 3 – point a – indent 4 a (new)
– Data storage and processing equipment and facilities
Amendment 254 #
Proposal for a regulation
Annex II – point 3 – point e – indent 1 a (new)
Annex II – point 3 – point e – indent 1 a (new)
– Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network), 5G and 6G, laser and light communication
Amendment 255 #
Proposal for a regulation
Annex II – point 3 – point e – indent 1 b (new)
Annex II – point 3 – point e – indent 1 b (new)
– Cyber security technologies incl. cyber-surveillance, encryption, security and intrusion prevention and detection systems, digital forensics
Amendment 256 #
Proposal for a regulation
Annex II – point 3 – point e – indent 1 c (new)
Annex II – point 3 – point e – indent 1 c (new)
– Submarine fibre-optic cables
Amendment 257 #
Proposal for a regulation
Annex II – point 3 – point e a (new)
Annex II – point 3 – point e a (new)
e a. Transport infrastructure and technologies: · International airports, and sea ports · Railways, inland waterways, short sea shipping routes and roads linking urban nodes, maritime and inland ports, airports and terminals that are located within the geographical scope of Regulation (EU) 2024/1679’ · Railway infrastructure and related technologies · Electric propulsion technologies · Refuelling infrastructure, including electric charging infrastructure
Amendment 258 #
Proposal for a regulation
Annex II – point 3 – point h – introductory part
Annex II – point 3 – point h – introductory part
h. Energy technologies, services and infrastructure:
Amendment 259 #
Proposal for a regulation
Annex II – point 3 – point h – indent 1
Annex II – point 3 – point h – indent 1
– Nuclear fusion technologies, reactors and power generation, radi ological conversion/enrichment/recycling technologies, nuclear storage and disposal of radioactive waste
Amendment 260 #
Proposal for a regulation
Annex II – point 3 – point h – indent 3
Annex II – point 3 – point h – indent 3
– Net-zero technologies, including photovoltaiclarge-scale photovoltaic and solar thermal infrastructure, as well as onshore and offshore renewable energy technologies
Amendment 262 #
Proposal for a regulation
Annex II – point 3 – point h – indent 3 a (new)
Annex II – point 3 – point h – indent 3 a (new)
– Grid operators (TSOs and DSOs)
Amendment 265 #
Proposal for a regulation
Annex II – point 3 – point h – indent 4
Annex II – point 3 – point h – indent 4
– Smart grids and energy storage, batteriesEuropean and cross-border grids, including smart grids and energy storage solutions, battery technologies for grid applications and renewable energy integration