29 Amendments of Wouter BEKE related to 2024/0017(COD)
Amendment 62 #
Proposal for a regulation
Recital 16
Recital 16
(16) Foreign investments that create or maintain lasting and direct links between investors from third countries (including state bodies) and Union targets carrying out an economic activity in a Member State should fall within the scope of this Regulation. This should apply where those investments are directly carried out from third countries or by a Union entity with foreign control. However, the framework should not cover the acquisition of company securities intended purely for financial investment without any intention to influence the management and control of the undertaking (portfolio investments)that does not confer the possibility of exercising decisive influence on an Union target. Restructuring operations within a group of companies or a merger of more than onultiple legal entities into a single legal entity do not constitute a foreign investment, provided that there isuch operations ndo increase in the shares held by foreign investors,not result in the possibility to use all or part orf the transaction does not result in additional rights that may lead to a change in the effective participation of one or more foreign investors in the management or controlassets of the Union target or the possibility to exercise decisive influence on the composition or decisions of the organs of athe Union target.
Amendment 64 #
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure consistent and predictable screening processes, it is appropriate to lay down the essential features of the screening mechanisms to be implemented by Member States. Those features should at least include the scope of the transactions to be subject to an authorisation requirement, deadlines for the screening and the possibility for undertakings concerned by the screening decision to seek recourse against such decisions. Rules and procedures relating to screening mechanisms should be transparentAppropriate tools together with sufficient resources should be provided to the screening authority to effectively implement such screening processes. Rules and procedures relating to screening mechanisms should be transparent, causing minimal administrative burden, avoiding undue delays for the applicants and should not discriminate between third countries.
Amendment 81 #
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to aligncoordinate deadlines and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneouslywithin a reasonable time frame. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order. The Commission should be able to participate in such coordination.
Amendment 84 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) To ensure transparency and efficiency in the cooperation mechanism, it is essential for Member States to provide complete additional information requested by the Commission or other Member States within a reasonable timeframe. Member States should comply with such requests without undue delay and no later than 180 days from the date of the request, using the secure and encrypted system established under this Regulation. Furthermore, when providing additional information to another Member State, the notifying Member State should simultaneously share the same information with the Commission to maintain consistency and facilitate effective coordination.
Amendment 87 #
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 utmostreasonably considerationing 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 or that compliance with mitigating is insufficient.
Amendment 94 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Commission should revaluateiew the functioning and effectiveness of this Regulation 5 years after the date of application of this Regulation and every 5 years after that and present a report to the European Parliament and to the Council. The report should also focus on the adequacy of the list of projects, programmes and the list of technologies in the Annexes of this Regulation. 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 98 #
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 tof 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, 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 should be reviewed every two years. If amendments to the annexes are necessary, the European Commission may introduce a legislative proposal in that regard.
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables effective participation in the management or control of a Union tthe possibility to exercise decisive influence on a Union target from the investor's side; pursuant to Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings and Article 20(5) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal margket;
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall establish or maintain a screening mechanism in accordance withthat fulfils at least the requirements set out in this Regulation.
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate procedures together with adequate administrative means shall be provided for the screening authority to effectively 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 whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) Member States shall require mandatory notification of foreign investments which enable the possibility for the investor to exercise decisive influence on a Union target pursuant to Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings and Article 20(5) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Screening mechanisms shall not allow Member States to require mandatory notification of minority or short-term investments, or restructuring operations within a group of companies or a merger of more than one legal entities into a single legal entity;
Amendment 119 #
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 15 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; This does not cover already screened foreign investments unless it is demonstrated that the foreign investor has provided false, misleading or incomplete information.
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) foreign investments subject to an authorisation requirement as referred to in paragraph 4 shall be filed by the applicant requesting authorisation with the screening authority and shall be screened before the foreign investment is completed;. The screening authority shall limit administrative burdens and undue delays for the applicant requesting authorisation.
Amendment 128 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States may ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target established in their territory is economically active in one of the areas listed in Annex II.
Amendment 134 #
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 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 137 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States on the same day, and each request for authorisation shall make reference to the other requestswithin 15 days’ timeframe; the first request shall not be required to reference other requests, while all subsequent requests shall make reference to the first request. The 15-day time frame shall begin from the date the first request is submitted;
Amendment 156 #
Proposal for a regulation
Article 7 – paragraph 8 – introductory part
Article 7 – paragraph 8 – introductory part
8. Following the receipt of comments pursuant to paragraph 1 or an opinion pursuant to paragraph 2 or 3, the Member State where the foreign investment is planned or completed shall:
Amendment 159 #
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) notify its screening decision toinform the respective Member States and to the Commission on the results of screening via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days after it was sent to the respective parties to the foreign investment;the screening decision entered into legal force
Amendment 162 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – introductory part
Article 7 – paragraph 8 – point b – introductory part
(b) upon request of the respective Member State or the Commission, invite the respective Member State and the Commission to a meeting or provide a written explanation to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than 7 calendar days aftfollowing such a request. Where the screening decision was notified pursuant to paragraph (a) on:concerns a multi- country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be invited to the meeting or receive the written explanation.
Amendment 166 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – point i
Article 7 – paragraph 8 – point b – point i
Amendment 169 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – point ii
Article 7 – paragraph 8 – point b – point ii
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The notifying Member State shall provide the complete additional information requested by the Commission or other Member States pursuant to paragraph 2 without undue delay, and no later than 180 days from the request, via the secure and encrypted system referred to in Article 12(4). Where the notifying Member State provides additional information to a Member State, such additional information shall be sent to the Commission simultaneously.
Amendment 232 #
Proposal for a regulation
Article 18
Article 18
Amendment 233 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article18a Review Clause 1. 5 years after ... [ date of application of this Regulation] and every 5 years thereafter, the Commission shall review the list of projects or programmes of Union interest set out in Annex I to take account of the adoption and amendment of Union law relating to projects or programmes of Union interest relevant to security or public order. 2. As part of this regular review, the Commission shall also review 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 set out in Annex II to take account of changes in the circumstances relevant to the security or public order interests of the Union. In particular, these considerations shall include the following: (a) the resilience of supply chains of particular importance for the security or public order interests of the Union; (b) the resilience of infrastructures of particular importance for the security or public order interests of the Union; (c) the advancement of technologies of particular importance for security or public order of the Union; (d) the emergence of vulnerabilities in relation to access to or other forms of processing of sensitive information, including personal data to the extent they are likely to negatively affect the security or public order interests of the Union; (e) the emergence of a geopolitical situation of particular importance for security or public order of the Union. 3. Where the reviews referred to in paragraph 1 and 2 of this Article conclude that an amendment to Annex I or Annex II is necessary, the Commission may submit a legislative proposal to that regard.
Amendment 234 #
Proposal for a regulation
Article 19
Article 19
Amendment 239 #
Proposal for a regulation
Article 20
Article 20
Amendment 245 #
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
List of technologies, assets, facilities, equipment, networks, systems, services and economic activitems and entities of particular importance for the security or public order interests of the Union