51 Amendments of Daniel CASPARY related to 2017/0224(COD)
Amendment 89 #
Proposal for a regulation
Recital 5
Recital 5
(5) There is currently no comprehensive framework at EU-nd no measures in place at Union level for the screening or restriction of foreign direct investments on the grounds of security or public order or on the grounds of being directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge, and being part of a state-led industrial policy strategy in support of strategic national interests.
Amendment 120 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States and the Commission should be able to take the necessary measures, in compliance with Union law, to prevent circumvention of their screening mechanisms and decisions to protect security or public order. This should cover investments within the Union by means of artificial arrangements that do not reflect economic reality and circumvent the screening mechanisms and screening decisions, where the investor is ultimately owned or controlled by a natural person or an undertaking of a third country. This is without prejudice to the freedom of establishment and free movement of capital enshrined in the TFEU.
Amendment 123 #
Proposal for a regulation
Recital 11
Recital 11
(11) To guide Member States and the Commission in the application of the Regulation, it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or public order. This list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the Union. This list of factors that may affect security or public order should remain non-exhaustive. It is also appropriate to develop an indicative list of key enabling technologies or knowledge, for which foreign direct investment from third countries shall be screened when it is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests.
Amendment 126 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or public order, Member States and the Commission should be able to consider all relevant factors, including the effects on critical infrastructure, technologies, including key enabling technologies and knowledge, and inputs which are essential for security or the maintenance of public order, and the disruption, loss or destruction of which would have a significant impact in a Member State or in the Union. It should also be possible for the Commission to screen investment which is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests. In that regard, Member States and the Commission should also be able to take into account whether a foreign investor is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government of a third country.
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of national security or public order. It furthermore establishes a mechanism under which the European Commission can screen and take a decision on conditioning or restricting foreign direct investment threatening the security or public order of more than one Member State or the European Union as a whole, as well as foreign direct investment threatening the mid- and long term economic security in certain circumstances.
Amendment 145 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables Member States to cooperate and assist each other where a foreign direct investment in one Member State may affect the security or public order of other Member States should be set up under the roof of the European Commission. Member States should be able to provide comments to a Member State in which the investment is planned or has been completed, irrespective of whether the Member States providing comments or the Member States in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment. The comments of Member States should also be forwarded to the Commission. The Commission should also have the possibility, where appropriate, to issue an opinion to the Member State in which the investment is planned or has been completed, irrespective of whether this Member State maintains a screening mechanism or is screening the investment and irrespective of whether other Member States have provided comments.
Amendment 151 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect the security and public order of the Member States or the Union as a whole, projects and programmes of Union interest on grounds of security or public order , or investment which is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests. 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 as well as taking into account Union wide patterns and investments that affect more than one Member State or the Union as a whole due to the integrated nature of the European internal market. 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 I. An indicative list of key enabling technologies or knowledge in which investment is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests shall be included in Annex II.
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likely to: (a) affect projects or programmes of Union interest on the grounds of security or public orderone or more than one Member State’s or the Union’s security or public order; (b) affect the security or public order of more than one Member State or the Union as a whole; (c) threaten the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II.
Amendment 161 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where the Commission or one or more Member States considers that a foreign direct investment is likely to affect the security and public order of one or more Member States, or projects or programmes of Union interest on grounds of security or public order, the Commission should have the possibilor is likely to be directly or indirectly undertaken wityh to address an opinion to the Member States in whhe aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial polichy such investment is planned or completed withitrategy in support of strategic national interests, the Commission should have the possibility to screen and reasonable timeframe. The Member States shouldstrict the foreign direct investment. The Commission shall take utmost account of the opinion of the Member States concerned and provide an explanation to the CommissionMember State if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States, the investor and the targeted company as well as the information necessary for its screening of such investment.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in order to amend projects or programmes of Union interest listed in Annex I and key know-how and technologies listed in Annex II.
Amendment 170 #
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 of one or more than one Member State or the security and public order of the Union as a whole, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, includinge.g. energy, water, transport, communications and the media, health services, data storage, space, defence, research or financial infrastructure, as well as sensitive facilities;
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of security or public orderof foreign direct investments in the Union on the grounds of national security or public order. It also establishes a mechanism under which the Commission can screen and decide on conditioning or restricting foreign direct investment threatening the security or public order of one or more Member States or the Union as a whole, as well as foreign direct investment by third country investors which is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests.
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In screening a foreign direct investment on the ground of safeguarding the mid- and long-term economic security of the European Union, the Commission may consider the potential effects on specific key know-how and technologies, e.g. in the field of artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, as listed in Annex II.
Amendment 203 #
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 of one or more than one Member State or the Union as a whole, or the mid- and long-term economic security of the Union, Member States and the Commission may take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of national security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likely to: a) affect the security or public order of one or more than one Member State or the Union as a whole; b) affect projects or programmes of Union interest on the grounds of the security or public order of one or more Member States or the Union as a whole; c) be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests.
Amendment 236 #
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 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. An indicative list of key enabling technologies and knowledge in which investment is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests is included in Annex II.
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the Commission considers that a foreign direct investment is likely to affect the national security or public order of the Member State where the investment is planned or has been completed, it shall issue a reasoned opinion addressed to the Member State.
Amendment 246 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in order to amend projects or programmes of Union interest listed in Annex I and key enabling technologies and knowledge listed in Annex II.
Amendment 247 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its national or the Union’s security or public order, it may provide commentsshall indicate this to the Commission and to the Member State where the foreign direct investment is planned or has been completed. The cCommentsission shall be forwarded to the Commission in paralleltake adequate action as outlined in Article 9.
Amendment 252 #
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 may issue an opinion addressed or the Union as a whole, it shall indicate this to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinionshall take adequate action as outlined in Article 9, irrespective of whether other Member States have provided comments.
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. 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, any information necessary to provide commenttake an informed decision as referred to in paragraph 23, or to issue the opinion referred to in paragraph 3while paying utmost attention to the potential sensitivity of the information.
Amendment 261 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, includinge.g. energy, water, transport, communications and the media, health services, data storage, space, defense, research or financial infrastructure, as well as sensitive facilities;
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 31(new).
Amendment 279 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission or more than one Member State 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 may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completedo threaten the security or public order of more than one Member State of the European Union or the Union as a whole or the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II, it shall screen the investment.
Amendment 285 #
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 orderscreening a foreign direct investment on the grounds of being directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and being part of a state-led industrial policy strategy in support of strategic national interests, the Commission may consider the potential effects on specific key know-how and enabling technologies, e.g. in the field of artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, as indicatively listed in Annex II. In determining whether a foreign direct investment is likely to affect security or public order or to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests, Member States and the Commission may take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 288 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1, from the foreign investor and from the target company any information necessary to take an informed decision, while paying utmost attention to the potential sensitivity of the information. The Member State, the target company and the investor may submit to the Commission any information they deem necessary to take an informed decision.
Amendment 292 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concernedtake a decision 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. This decision can be: (a) a general authorisation of the investment; (b) an authorisation under certain conditions necessary to eliminate the threat; (c) no authorisation; (d) an in-depth investigation in case that there are reasons to assume that more time and information is necessary to take an informed decision, which shall not take longer than 50 days. 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. The opinion of the Commission shall be communicated to the other Member States.
Amendment 299 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States and the Commission may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 300 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opindecision of the Commission shall be communicated to the other Member States.
Amendment 301 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall establish timeframes for issuing screening decisions. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the opinion ofand the Commission referred to in Articles 8 and 9.
Amendment 320 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. In case that a Member State and the Commissions screen the same foreign investment and they come to different conclusions, the foreign direct investment shall be restricted if either the Member State or the Commission or both so decide.
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States that maintain screening mechanisms shall provide the Commission with an annual report on the application of their screening mechanisms. The Commission shall provide the Member States with an annual report on the application of its screening mechanism. For each reporting period, the reports shall include in particular information on:
Amendment 329 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) screening decisions subjecting foreign direct investments to conditions or mitigating measures; the sectors, origin, and value of foreign direct investment screened and undergoing screening.
Amendment 339 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall inform the Commission and the other Member States of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms, within 5 working days from the start of the screening. As part of the information, and when applicable, the screening Member States shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of Regulation (EC) No 139/2004. The Commission shall inform the other Member States of the screening action within 3 days.
Amendment 346 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its security or public order, it may provide commentsnational or the Union’s security or public order or that it is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and be part of a state-led industrial policy strategy in support of strategic national interests, it shall indicate this to the Commission and to the Member State where the foreign direct investment is planned or has been completed. The cCommentsission shall be forwarded to the Commission in paralleltake adequate action as outlined in Article 9.
Amendment 357 #
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 more than one Member States, it may issue an opinion addressed or the Union as a whole or that it is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests, it shall indicate this to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinionshall take adequate action as outlined in Article 9, irrespective of whether other Member States have provided comments.
Amendment 365 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. 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, any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3or that it is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and be part of a state-led industrial policy strategy in support of strategic national interests may request from the Member State where the foreign direct investment is planned or has been completed, the investor or the target company any information necessary to take an informed decision, while paying utmost attention to the potential sensitivity of the information.
Amendment 375 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. CommentIndications pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned or has been completed and to the Commission within a reasonable period of time, and in any case no later than 25 working days following receipt of the information referred to in paragraphs 1 or 4. In cases where the opinion of the Commission follows comments from other Member States, the Commission shall have 25 additional working days for issuing the opinion.
Amendment 379 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 392 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission or one or more Member States considers that a foreign direct investment is likely to affect the security and public order of one or more than one Member State, or projects or programmes of Union interest on grounds of security or public order, the Commission may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completedor is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests, the Commission shall screen the investment.
Amendment 400 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The Member States concerned may address an opinion to the Commission which the Commission shall take utmost account of. The Commission must provide an explanation to the Member States concerned in case their opinions are not followed.
Amendment 404 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1d from the target company and the investor any information necessary to take an informed decision, while paying utmost attention to the potential sensitivity of the information. The Member State, the target company and the investor may submit to the Commission any information they deem necessary to take an informed decision.
Amendment 411 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concernedtake a decision 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. This decision can be: (a) a general authorisation of the investment (b) an authorisation under certain conditions necessary to eliminate the threat (c) no authorisation (d) an in-depth investigation in case that there are reasons to assume that more time and information is necessary to take an informed decision, which shall not take longer than 50 days. 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. The decision of the Commission shall be communicated to the other Member States.
Amendment 418 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opindecision of the Commission shall be communicated to the other Member States.
Amendment 423 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. TheIn case a Member States where th and the Commissions screen the same foreign direct investment is planned or has been completed shall take utmost account of the Commission's opinion and provide an explanation to the Commission in case its opinion is not followedand they come to different conclusions, the foreign direct investment shall be restricted if either the Member State or the Commission or both so decide.
Amendment 464 #
Proposal for a regulation
Annex I – indent 6 – paragraph 1 a (new)
Annex I – indent 6 – paragraph 1 a (new)
Indent 6a (new) European Defence Fund and EU Defence Industrial Development Programme: Regulation (EU) No xxx/20xx of the European Parliament and the Council establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry;
Amendment 472 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex II (new)