19 Amendments of Zigmantas BALČYTIS related to 2017/0224(COD)
Amendment 69 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Whereas screening mechanisms which exist in several Member States or in non-EU states never constitute an obstacle to foreign direct investments provided that they are known, anticipated and don't extensively delay investments’ realisation.
Amendment 71 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Whereas dominant position of individuals, multinationals or foreign public enterprises as defined by European competition law may represent a threat for the security and public order within the European Union.
Amendment 72 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Whereas security and public order have become increasingly vulnerable at the European scale through the deployment of networks and integrated systems, which could lead to public disorders of sanitary, digital or informational nature spreading virally.
Amendment 74 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Whereas WTO’s creation, China’s protocol of accession and the expansion of international free trade allowed foreign direct investments’ development from emerging countries who are not historically allies with the European Union from a strategic point of view; whereas the relative weakening of the United States with whom the majority of Member States are strategically related perfectly illustrates this evolution; whereas while mainly bipolar during the Twentieth Century, the World of the Twenty-first Century has become multipolar: our allies in international security and public order are not necessarily our main economic partners anymore.
Amendment 75 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
Amendment 153 #
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 160 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Every foreign direct investment must be analysed in the light of the vulnerability it could increase or create in the systems and networks which frame European activities, through all types of viral-like disorders.
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. Every foreign direct investment resulting in a dominant position must be analysed in the light of the dependency it creates or increases in a given field or sector.
Amendment 198 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Foreign direct investments of public origin, especially when they are realised by third-country security or intelligence entities, are particularly scrutinised by the Member-States as well as by the Commission.
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 211 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The setup of a screening mechanism is a prerequisite to the participation of a Member-State to European programmes of common interest which can fall under the remit of security or public order considerations.
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Every screening mechanism shall consist in an ex ante examination and shall lead to a formal authorisation by the relevant Member-State, or by the Commission for projects and programmes of Union interest.
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shall provide the Commission with an annual report covering foreign directs investments that took place in their territory, on the basis of information available to them.
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. In cases where comments pursuant to paragraph 2 or opinions pursuant to paragraph 3 are not followed by concrete action in terms of screening of the foreign direct investment, or when the Commission's opinion in the frame of Article 9 is not followed, a Member-State or the Commission can request a final decision on the matter by the Coordination Group of Article 12a. This decision is adopted by a 2/3 majority and is binding for the Member-State where the foreign direct investment is planned or completed.
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. In case of unresolved disagreement between the Member-State where the foreign direct investment is planned or has been completed and the Commission, a binding final decision is taken by the Coordination Group of Article 12a by 2/3 majority.
Amendment 317 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) The funding of the investment and the guarantee of the lawfulness of its source, on the basis of information available to the Member State.
Amendment 325 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be set up. Every Member-State shall be represented. 2. The group may exchange views and information on any foreign direct investment that is undergoing screening within the framework of Member States’ screening mechanisms and for which a cooperation mechanism has been activated under Article 8 or 9. 3. The Commission shall submit an annual report in writing to the European Parliament on the activities, examinations and exchange of views of the Investment Screening Coordination Group.
Amendment 333 #
Proposal for a regulation
Annex I – indent 6 a (new)
Annex I – indent 6 a (new)
– Research Fund for Coal and Steel COUNCIL DECISION (EU) 2017/955of 29 May 2017 amending Decision 2008/376/EC on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme.