33 Amendments of Lorenzo FONTANA related to 2017/0224(COD)
Amendment 64 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to the international commitments undertaken in the World Trade Organisation, the Organisation for Economic Cooperation and Development, and in the trade and investment agreements concluded with third countries, the Union and Members States may adopt restrictive measures relating to foreign direct investment on the grounds of security or, public order or strategic interest, subject to certain requirements.
Amendment 67 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have put in place measures according to which they may restrict the movement of capital between Member States and between Member States and third countries on grounds of public policy or public securitysecurity, public policy or strategic interest. Those measures reflect Member States' objectives and concerns with respect to foreign direct investment, and result in a number of different measures in terms of scope and procedure. Other Member States do not have such mechanisms.
Amendment 70 #
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.
Amendment 77 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is important to provide legal certainty and to ensure EU widcourage coordinperation and cooperationbetween the Member States by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or, public order or strategic interest. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security and public order.
Amendment 82 #
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 means to address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility forfully safeguarding the prerogatives of the Member States to screen foreign direct investments on grounds of national security and, public order taking into account their individual situations and national circumstancesand strategic interest.
Amendment 87 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broad range of iInvestments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 88 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should be able to take the necessary measures, in compliance with Union law, to prevent circumvention of their screening mechanisms and decisions to protect national 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 91 #
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 or strategic interest. 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.
Amendment 97 #
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 is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government of a third country or whether the foreign direct investment could lead to a monopolistic structure.
Amendment 101 #
Proposal for a regulation
Recital 13
Recital 13
(13) It is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by Member States to allow investors, the Commission and other Member States to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non-discriminatory between third countries. Those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions, as well as the procedures for activating these screening mechanisms at the request of the local authorities, in accordance with the constitutional provisions of each Member State, and of the trade unions.
Amendment 115 #
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 or strategic interest. 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.
Amendment 121 #
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 or strategic interest, the Commission should have the possibility to address 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 134 #
Proposal for a regulation
Recital 21
Recital 21
(21) No later than ... [three years after the entry into force of this Regulation], and every three years thereafter, the Commission should present to the European Parliament and the Council a 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 137 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to supplement or amend non-essential elements of the provisions of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the integration and updating of the list of the projects and programmes of Union interest referred to in Article 3(3) and listed in Annex I. It is of particular importance that the Commission carry 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-Making1a. 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. _________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework of minimum requirements 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 and sets out the role of the Commission in such screening.
Amendment 146 #
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 undertakingcitizen of a third country intending to make or having made a foreign direct investment;
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'undertaking‘citizen of a third country'’ means an undertaking constituted or otherwise organised under the lawsy natural or legal person who does not have his or her domicile, habitual residence, registered or administrative office or principal place of business in a Member State of the Union or otherwise established, as well as any legal entity that is de facto controlled or owned by third country nationals or by the government of a third country.
Amendment 151 #
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 or strategic interest, under the minimum conditions and in accordance with the terms set out in this Regulation.
Amendment 157 #
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 orderthe national security of one or more Member States, public order or strategic interest.
Amendment 166 #
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 criticalommon security and defence policy, critical or sensitive infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a regarding the integration and updating of Annex I.
Amendment 171 #
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 national security or, public order or strategic interest, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– cCritical or sensitive infrastructure, including energy, water, transport, communications, data storage, spacehealthcare, education, universities communications and the media, data storage and management, space, research or financial infrastructure, as well as sensitive facilities;
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
– critical technologies, including artificial intelligence, robotics, semiconductors, advanced materials, rare earth elements, critical raw materials, nanotechnologies, biotechnologies, medical technologies, technologies with potential dual use applications, defence, cybersecurity, aerospace, space or nuclear technology;
Amendment 204 #
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 may take into account wthether fact that the foreign investor is controlled by the government of a third country, including through significant funding, or the possibility that the foreign direct investment could lead to a monopolistic structure.
Amendment 212 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 213 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States' screening mechanisms shall be transparent and not discriminate between third countries. In particular, Member States shall set out the circumstances triggering the screening, the grounds for screening and the applicable detailed procedural rules, as well as the procedures for activating these screening mechanisms at the request of local authorities, in accordance with their constitutional provisions, or of trade union organizations.
Amendment 235 #
Proposal for a regulation
Article 7 – paragraph 2 – point d a (new)
Article 7 – paragraph 2 – point d a (new)
(da) specific cases and public interests that motivated the activation of the screening mechanisms.
Amendment 278 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Framework forRole of the Commission in the screening process
Amendment 280 #
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 orderreferred to in Annex I, on grounds of the national security of one or more Member States, public order or strategic interest, the Commission mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 286 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The European Parliament, a Member State or a trade union organization of a Member State may, where a direct foreign investment might affect projects or programmes of Union interest, as referred to in Annex I, ask the Commission to carry out screening in accordance with the provisions of this article for reasons of national security, public policy or strategic interest. The Commission shall respond within thirty days from the date of receipt of the request, indicating the reasons for its decision.
Amendment 326 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation no later than three years after its entry into force and after that at intervals of three years. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.
Amendment 329 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Exercise of the delegation 1. The power to adopt delegated acts is conferred to the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(3) shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 331 #
Proposal for a regulation
Annex I – indent 3 – paragraph 1
Annex I – indent 3 – paragraph 1
Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC, including actions therein relating to Key Enabling Technologies such as artificial intelligence, robotics, semiconductors and cybersecurity. Linguistic amendment to Italian version – does not affect English version.