17 Amendments of Lídia PEREIRA related to 2024/0017(COD)
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than [date: 152 months after entry into force]. Member States shall thereafter notify the Commission of any amendment to their screening mechanism within 30 days of the adoption of the amendment.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall make publicly available a list of Member States’ screening mechanisms no later than 3 months after having received all the notifications referred to in paragraph 3 or by [date: 218 months after entry into force], whichever occurs first. The Commission shall keep that list up to date.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine, without undue delay, whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 103 #
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 158 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 106 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall inform the applicant requesting an authorisation at the earliest possible and state the reasons on which they intend to take their decision, subject to the protection of information the disclosure of which would be contrary to the security or public order interests of the EU or one or more of the Member States and without prejudice to Union and national law concerning the protection of confidential information. Member States shall give the foreign investor the opportunity to make their views known before taking such decision.
Amendment 119 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target 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 131 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) where a Member State reserves its right to issue comments on a notified foreign investment without requesting additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 350 calendar days following receipt of the complete notification of the foreign investment;
Amendment 132 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point c
Article 8 – paragraph 3 – subparagraph 1 – point c
(c) where a Member State reserves its right to issue comments on a notified foreign investment and requests additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 2015 calendar days following receipt of the complete additional information;
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 136 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at least 158 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 140 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at least 158 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 145 #
Proposal for a regulation
Article 9 – paragraph 7 – point a
Article 9 – paragraph 7 – point a
(a) the comments by Member States or the opinion by the Commission shall be sent no later than 350 calendar days following receipt of the complete information requested pursuant to paragraph 5.
Amendment 165 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
The screening decision must be timely and clearly communicated to the foreign investor, guaranteeing the possibility to seek judicial recourse against that screening decision.
Amendment 172 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall evaluate the functioning and effectiveness of this Regulation 52 years after the date of application of this Regulation and every 52 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 178 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 184 #
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 188 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [date: 152 months after entry into force].