Activities of Laima Liucija ANDRIKIENĖ related to 2017/0224(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union
Amendments (37)
Amendment 92 #
Proposal for a regulation
Recital 5
Recital 5
(5) There is currently no comprehensive framework at EU-level for the screening of foreign direct investments on the grounds of security or public order, while G7 countries and several other countries in the world already have foreign direct investment screening mechanisms in place and are seeking to tighten them.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshall maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 105 #
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 and may be updated through delegated acts.
Amendment 106 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the meansa legal and financial framework to address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility for Member States to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances.
Amendment 115 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broad range of investments which establish or maintain lasting and direct or indirect links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 119 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should be able tomust 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 thatand complex investment structures that do not reveal the end-investor and 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, government or military of a third country. This is without prejudice to the freedom of establishment and free movement of capital enshrined in the TFEU.
Amendment 128 #
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 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. In that regard, Member States and the Commission should also be able to take into account whether a foreign investor or end-investor is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government or military of a third country, including participation in an economic or political project or strategy guided by a foreign power.
Amendment 134 #
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, Member States and the Commission mayshall take into account whether the foreign investor is controlled by the government of a third country, including through significant funding. or participates in an economic or political project or strategy guided by a foreign power.
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States mayshall maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 149 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism should be set up, which enables Member States to cooperate, exchange information, share best practices 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. Member States should be able to provide commentsan opinion to a Member State in which the investment is planned or has been completed, irrespective of whether the Member States providing commentsopinion 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 ofopinions of the 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 commentsan opinion.
Amendment 153 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of Union interest on grounds of security or public order. 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. 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. That list should be updated regularly through delegated acts on the basis of consultations between the European Parliament, the Council and the Commission within the framework of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 163 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where the Commission 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 should have the possibility to addressmust issue an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take utmost account of the opinion and provide an explanation to the Commission 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 information necessary for its screening of such investment.
Amendment 164 #
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 Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission mayshall issue an opinion irrespective of whether other Member States have provided comments.
Amendment 171 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission, Member States should notify their screening mechanisms and any amendment thereto to the Commission, and should report on the application of their screening mechanisms on a regular basis. For the same reason, Member States that do not have a screening mechanism shouldmust also report on the foreign direct investments that took place in their territory, on the basis of the information available to them, given the fact that all possible efforts were undertaken to obtain relevant information.
Amendment 176 #
1. Where the Commission 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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 179 #
Proposal for a regulation
Recital 18
Recital 18
(18) To that end, it is also important to ensure a minimumsufficient level of information and coordination with regard to foreign direct investments falling under the scope of this Regulation in all Member States. This information should be made available by the Member States in which the foreign direct investment is planned or has been completed upon request of the Member States or of the Commission. Relevant information includes aspects such as the ownership structure and the origin of the foreign investor, the end-investor and the financing of the planned or completed investment, including, when all available, information about subsides granted by third countries.
Amendment 187 #
Proposal for a regulation
Recital 20
Recital 20
(20) Member States and the Commission should take all necessary measures to ensure the highest level of protection of confidential and other sensitive information.
Amendment 190 #
Proposal for a regulation
Recital 21
Recital 21
(21) No later than three years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a detailed report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be accompanied, where appropriate, by a legislative proposal.
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. 'foreign direct investment' means investments of any kind by a foreign investor aiming to establish or to maintain, lasting and , direct or indirect links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'foreign investor' means a natural person of a third country or an undertaking of a third country or an intermediary representing the end-investor of a third country intending to make or having made a foreign direct investment;
Amendment 222 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshould maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 235 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayust screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 239 #
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, criticalkey technologies or critical inputs that are essential to maintaining security and public order. An indicative list of projects or programmes of Union interest is included in Annex 1 and can be updated by delegated acts.
Amendment 251 #
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, Member States and the Commission mayshould consider the potential effects on, inter alia:
Amendment 257 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, transport security, critical and raw materials, water, transport infrastructures, seaports, airports, rail, communications, media, data storage, space oraviation, space or aerospace infrastructures, financial infrastructure, as well as sensitive facilities;
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologies, nano- and bio-technologies, including artificial intelligence, robotics, semiconductors, cybertechnologies, technologies with potential dual use applications, cybersecurity, space or nuclear technology;
Amendment 290 #
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, Member States and the Commission mayshould take into account whether the foreign investor is controlled by the government of a third country, including through significant funding or participation in an economic or political project or strategy guided by a foreign power.
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States mayshould maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 317 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be protected on the highest level.
Amendment 342 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shallmust 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.
Amendment 351 #
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 mayshould provide commentsan opinion to the Member State where the foreign direct investment is planned or has been completed. The commentsopinion shall be forwarded to the Commission in parallel.
Amendment 361 #
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 Member States, it mayshould issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission mayshould issue an opinion irrespective of whether other Member States have provided comments.
Amendment 397 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission 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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 432 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) The ownership structure and the ultimate origin of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed, including information on the ultimate controlling shareholder or shareholders;
Amendment 444 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) The funding of the investment, on the basis of all information available to the Member State.
Amendment 448 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure thguarantee the highest possible protection of confidential information acquired in application of this Regulation.
Amendment 459 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the report recommends modifying the provisions of the Regulation, the report mayshould be accompanied by an appropriate legislative proposal.