2017/0224(COD) Screening of foreign direct investments into the European Union
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | INTA |
PROUST Franck ( PPE)
|
MAUREL Emmanuel ( S&D),
STARBATTY Joachim ( ECR),
CHARANZOVÁ Dita ( ALDE),
JADOT Yannick ( Verts/ALE),
BEGHIN Tiziana ( EFDD)
|
| Committee Opinion | LIBE | ||
| Committee Opinion | JURI | ||
| Committee Opinion | AFET |
VAN ORDEN Geoffrey ( ECR)
|
Laima Liucija ANDRIKIENĖ ( PPE),
Clare MOODY ( S&D)
|
| Committee Opinion | ITRE |
BÜTIKOFER Reinhard ( Verts/ALE)
|
Amjad BASHIR ( ECR),
Paloma LÓPEZ BERMEJO ( GUE/NGL),
Edouard MARTIN ( S&D),
Angelika MLINAR ( ALDE)
|
| Committee Opinion | ECON |
ZĪLE Roberts ( ECR)
|
Cătălin Sorin IVAN ( S&D),
Bernard MONOT ( ENF),
Miguel VIEGAS ( GUE/NGL),
Lieve WIERINCK ( ALDE)
|
Lead committee dossier:
Legal Basis:
TFEU 207-p2
Legal Basis:
TFEU 207-p2Events
2022/09/01
EC - Follow-up document
Documents
2022/09/01
EC - Follow-up document
Documents
2021/11/23
EC - Follow-up document
Documents
2021/11/23
EC - Follow-up document
Documents
2020/03/25
EC - For information
Documents
2019/04/16
EC - Commission response to text adopted in plenary
Documents
2019/03/21
Final act published in Official Journal
Details
PURPOSE: to propose a framework for the screening of foreign direct investment into the European Union.
LEGISLATIVE ACT: Regulation (EU) 2019/452 of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments into the Union.
CONTENT: the Regulation aims to provide the Union with a set of new rules allowing better control of direct investment from third countries.
Overall framework at EU level
At present, there is no comprehensive framework at EU level for screening foreign direct investment for security or public policy reasons, whereas the EU's main trading partners have already developed such frameworks.
This Regulation establishes a framework for the screening by Member States of foreign direct investment in the Union on grounds of security or public policy and for a mechanism for cooperation between Member States and between Member States and the Commission on foreign direct investment likely to affect security or public policy.
Cooperation mechanism
The Regulation provides for the establishment of a mechanism that would allow Member States to cooperate and assist each other when foreign direct investment in one Member State is likely to affect the security or public policy of other Member States.
Member States may send comments to a Member State in which an investment is planned or has been made, regardless of whether or not that Member State has a screening mechanism or whether or not the investment in question is being screened.
Requests for information, replies and comments from Member States shall also be forwarded to the Commission, which may issue an opinion to the Member State in which the investment is planned or has been made. A Member State may also request the Commission to issue an opinion or other Member States to comment on foreign direct investment in its territory.
However, Member States shall remain competent to examine and possibly restrict foreign direct investment on grounds of security and public policy. The decision to set up and maintain national screening mechanisms shall also remain in the hands of the individual Member States.
Factors that may be taken into consideration by Member States or the Commission
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may consider its potential effects on, inter alia:
- critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- critical technologies and dual use items, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
- supply of critical inputs, including energy or raw materials, as well as food security;
- access to sensitive information, including personal data, or the ability to control such information; or
- the freedom and pluralism of the media.
In this respect, Member States and the Commission may take into account the specific context and circumstances of foreign direct investment, whether it is directly or indirectly controlled by the government, including state bodies or armed forces, of a third country, including through ownership structure or significant funding; whether it has already been involved in activities affecting security or public order in a Member State; or there is a serious risk that the foreign investor engages in illegal or criminal activities.
The Commission shall also have the possibility to issue opinions in cases involving several Member States or where an investment could affect a project or programme of EU-wide interest, such as Horizon 2020 or Galileo.
The Regulation also provides for:
- the obligation for Member States to send the Commission an annual report containing aggregated information on foreign direct investment in their territory;
- the obligation of Member States and the Commission to ensure the protection of confidential information acquired in application of this Regulation, in accordance with Union law and their respective national laws;
- the designation by each Member State and the Commission of a contact point for the implementation of the Regulation;
- the screening by a group of experts of issues related to foreign direct investment.
The European Parliament may invite the Commission to a meeting of its committee responsible to present and explain systemic issues related to the implementation of this Regulation.
ENTRY INTO FORCE: 10.4.2019.
APPLICATION: from 11.10.2020.
2019/03/19
CSL - Final act signed
2019/03/19
EP - End of procedure in Parliament
2019/03/13
CSL - Draft final act
Documents
2019/03/05
EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/03/05
CSL - Council Meeting
2019/02/14
EP - Results of vote in Parliament
Documents
2019/02/14
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 500 votes to 49, with 56 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening foreign direct investment in the European Union.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Overall framework at EU level
There is currently no comprehensive framework at Union level for the screening of foreign direct investments on the grounds of security or public order, while the major trading partners of the Union have already developed such frameworks.
The proposed Regulation establishes a framework:
- for the screening by Member States of foreign direct investments into the Union on the grounds of security or public order;
- for a mechanism for cooperation between Member States, and between Member States and the Commission, with regard to foreign direct investments likely to affect security or public order.
It includes the possibility for the Commission to issue opinions on such investments.
The Regulation is without prejudice to each Member State having sole responsibility for its national security and to the right of each Member State to protect its essential security interests. Nothing in this Regulation shall limit the right of each Member State to decide whether or not to screen a particular foreign direct investment within the framework of this Regulation.
Cooperation mechanism
The proposed Regulation provides for the establishment of a mechanism that would allow Member States to cooperate and assist each other when foreign direct investment in one Member State is likely to affect the security or public policy of other Member States.
Member States may send comments to a Member State in which an investment is planned or has been made, regardless of whether or not that Member State has a screening mechanism or whether or not the investment in question is being screened.
Requests for information, replies and comments from Member States shall also be forwarded to the Commission, which may issue an opinion to the Member State in which the investment is planned or has been made. A Member State may also request the Commission to issue an opinion or other Member States to comment on foreign direct investment in its territory.
When a Member State receives comments from other Member States or an opinion from the Commission, it shall take them into account, but the final decision would be its sole responsibility.
Factors to be taken into consideration by the Member States and the Commission
In determining whether a foreign direct investment may affect security or public order, it should be possible for Member States and the Commission 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, the disruption, failure, loss or destruction of which would have a significant impact in a Member State or in the Union. In that regard, it should also be possible for Member States and the Commission to take into account the context and circumstances of the foreign direct investment, in particular whether a foreign investor is controlled directly or indirectly, for example through significant funding, including subsidies, by the government of a third country or is pursuing State-led outward projects or programmes .
Factors that may be taken into consideration by Member States or the Commission
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may consider its potential effects on, inter alia :
- critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- critical technologies and dual use items, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
- supply of critical inputs, including energy or raw materials, as well as food security;
- access to sensitive information, including personal data, or the ability to control such information;
- the freedom and pluralism of the media.
Other elements may be taken into account:
- whether the foreign investor is directly or indirectly controlled by the government, including state bodies or armed forces, of a third country, including through ownership structure or significant funding;
- whether the foreign investor has already been involved in activities affecting security or public order in a Member State; or
- whether there is a serious risk that the foreign investor engages in illegal or criminal activities.
Annual reporting
By 31 March of each year, Member States shall submit to the Commission an annual report covering the preceding calendar year, which shall include aggregated information on foreign direct investments that took place in their territory, on the basis of information available to them, as well as aggregated information on the requests received from other Member States.
Parliament may invite the Commission to a meeting of its committee responsible to present and explain systemic issues related to the implementation of this Regulation.
Group of experts
The group of experts on the screening of foreign direct investments into the European Union providing advice and expertise to the Commission shall continue to discuss issues relating to the screening of foreign direct investments, share best practices and lessons learned, and exchange views on trends and issues of common concern relating to foreign direct investments.
Documents
2019/02/13
EP - Debate in Parliament
Documents
2018/12/09
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2018/12/06
EP - Text agreed during interinstitutional negotiations
Documents
2018/06/13
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/06/11
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/06/05
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on International Trade adopted the report by Franck PROUST (EPP, FR) 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.
The Committee on Industry, Research and Energy, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The committee responsible recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows:
Definitions and terms : Members wanted to clarify that the term ‘ foreign direct investment ’ covered investments of all kinds, regardless of their volume or participation threshold by a foreign investor, whether or not such investor is the ultimate investor. The definition of ‘ foreign investor ’ shall include natural or legal persons, undertakings from third countries or public or national institutions. The term ‘ foreign government-controlled direct investment ’ has also been clarified.
As regards ‘screening’ , the screening time-limit should start to run only when all the information needed to constitute a comprehensive file has been submitted.
FDI screening : Members pointed out that projects and programmes of EU interest shall include in particular those in which involve EU funding or which are covered by EU legislation in relation to critical and strategic infrastructure , including key enabling technologies and critical inputs, essential for security and public order.
The Commission should be empowered to adopt delegated acts in order to update the open list of projects or programmes in the Annex to the Regulation.
Factors to consider : in determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission shall take into account, in particular, whether:
there is a risk of a disruption, failure, loss or destruction of supply exists , that would have an impact in a Member State or in the Union; the foreign investor is directly or indirectly controlled by the government, state bodies or armed forces of a third country; the fact that the foreign investment is part of a state-led outward projects or programmes and foreign government-controlled direct investments for strategic industrial goals, acquiring or transferring key enabling technologies or knowledge, supporting strategic national interests.
The following potential effects shall also be considered:
critical and strategic infrastructure, critical and strategic technologies, the strategic autonomy of the Union, the access to sensitive information or to personal data of Union citizens, the plurality and independence of media and services of general interest and services of general economic interest.
Other elements shall be taken into account:
the context and the circumstances under which the investment is or was made, including if the sector is regarded as a strategic sector by the investors country of origin;
whether there is a serious and legitimate risk that the foreign investor engages in illegal or criminal activities, such as money-laundering, diversion of funds, corruption, financing of terrorism, organised-crime or infringements of intellectual property rights or breaches international human rights instruments and core ILO labour standards; whether the statutes of the undertaking to which the investment is made include change of ownership clauses; whether market in the foreign investor’s country of origin is open, restricted or closed and whether there is reciprocity and a level playing field.
The examination shall be conducted on the basis of the best information available, which should be accurate, comprehensive and reliable.
Framework for filtering and cooperation : Members stressed the possibility of initiating proceedings before the national authorities or courts against the screening decisions must be ensured, while safeguarding the legal system of the Member State in question.
Member States shall have the possibility to send comments to a Member State in which an investment is planned. Members stated that these comments shall be sent simultaneously to all other Member States and to the Commission, which should then have the possibility to issue an opinion to the Member State in which the investment is planned. This opinion shall be transmitted simultaneously to all other Member States and shall not be made public.
A Member State should have the possibility to request the opinion of the Commission or other Member States for comments on an FDI taking place in its territory.
In addition, where economic operators, civil society organisations or social partners, such as trade unions, have relevant and substantial information or concerns on a FDI, they should be able to inform the Commission. The Commission could then take this information into account when issuing an opinion.
Annual report : Member States shall provide the Commission with an annual report covering foreign direct investments which took place in their territory, their Exclusive Economic Zone or continental shelf. On the basis of these annual reports, the Commission shall draw up an annual report outlining the overall investment situation in the Union including the implementation of this Regulation and should submit it to the European Parliament.
In order to enhance dialogue between Union institutions and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the Commission to issue an opinion on a foreign direct investment planned or completed in a Member State. The Commission shall inform the European Parliament of its action following such requests.
Documents
2018/05/28
EP - Vote in committee, 1st reading
2018/05/28
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/04/25
EP - Committee opinion
Documents
2018/04/12
EP - Amendments tabled in committee
Documents
2018/04/12
EP - Amendments tabled in committee
Documents
2018/04/05
EP - Committee opinion
Documents
2018/03/23
CofR - Committee of the Regions: opinion
Documents
2018/03/22
EP - Committee opinion
Documents
2018/03/13
EP - Committee draft report
Documents
2018/01/18
EP - Referral to associated committees announced in Parliament
2017/12/20
IT_CHAMBER - Contribution
Documents
2017/12/13
CZ_SENATE - Contribution
Documents
2017/11/30
FR_SENATE - Contribution
Documents
2017/11/21
EP - VAN ORDEN Geoffrey (ECR) appointed as rapporteur in AFET
2017/11/09
EP - BÜTIKOFER Reinhard (Verts/ALE) appointed as rapporteur in ITRE
2017/10/26
EP - Committee referral announced in Parliament, 1st reading
2017/10/11
EP - PROUST Franck (PPE) appointed as rapporteur in INTA
2017/10/05
EP - ZĪLE Roberts (ECR) appointed as rapporteur in ECON
2017/09/13
EC - Document attached to the procedure
Documents
2017/09/13
EC - Legislative proposal published
Details
PURPOSE: to propose a framework for the screening of foreign direct investment into the European Union (trade package).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: foreign direct investment (FDI) is included in the list of matters under the common commercial policy pursuant to Article 207(1) TFEU. FDI is an important source of growth, employment and innovation . It has brought significant benefits to the EU as to the rest of the world. This is why the EU wants to maintain an open investment environment.
While the Union's openness to foreign direct investment will not change, it has to be accompanied by vigorous and effective policies to, on the one hand, open up other economies and ensure that everyone plays by the same rules, and, on the other hand, to protect critical European assets against investment that would be detrimental to legitimate interests of the Union or its Member States.
Today, nearly half of the Member States have screening mechanisms in place. A mechanism which allows the State to monitor foreign investments in companies/sectors considered of strategic importance and to oppose them under certain conditions. However, existing screening mechanisms have differences in scope and procedure.
The proposed framework shall ensure that foreign investment remains a major source of growth in the EU and at the same time contribute to protecting the EU’s core values .
The proposal is fully in line with the 2015 ‘Trade for All’ Communication to create a rules-based regime for trade and investment. The proposed Regulation follows up on the Commission's reflection paper of 10 May 2017 on ‘Harnessing Globalisation’ highlighting the benefits and the challenges of globalisation.
CONTENT: the aim of the proposed Regulation is to establish an enabling 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 order. It does not require Member States to adopt or maintain a screening mechanism for foreign direct investment.
It sets out the basic requirements to be met by screening mechanism, such as the possibility of a judicial redress of decisions, non-discrimination between different third countries and transparency.
The proposed Regulation:
confirms that foreign direct investment may be screened by Member States and the Commission on the grounds of security or public order. These grounds are defined in accordance with the relevant provisions of the WTO (World Trade Organisation) Agreement and other trade and investment agreements to which the Union or its Member States are parties; establishes a cooperation mechanism between Member States and the Commission to inform each other and exchange information on foreign direct investment likely to threaten security or public order. Such cooperation should enable Member States to exchange information and, where possible, coordinate their response to foreign direct investment where appropriate; provides for the possibility for the Commission to issue an advisory opinion to the Member States concerned if it considers that a FDI may affect security or public order in relation to projects or programmes of Union interest. These include projects and programmes in the fields of research (Horizon 2020), space (Galileo), transport (trans-European transport network, TEN-T), energy (trans-European network energy, TEN-E) and telecommunications. The Commission should also be able to issue an advisory opinion in case it considers that a FDI in one Member State affects the security or public order in another Member State; obliges Member States to inform other Member States and the Commission about any foreign direct investment that is undergoing screening within the framework of their national screening mechanisms. The proposed cooperation mechanisms will allow a Member State to raise concerns as regards a foreign direct investment in another Member State and to provide comments. The Commission may also issue a non-binding opinion on such foreign direct investment; provides that Member States and the Commission may request certain information on a specific foreign direct investment on a case-by-case basis in order to be able to analyse in detail whether this investment affects or threatens to undermine security or order public; requires Member States to establish contact points within their administration which can be consulted on all matters relating to the implementation of the Regulation.
In addition, the Commission intends to set up a coordination group composed of Member States’ representatives and the Commission to examine issues relating to FDI into the EU as a forum for exchanging information between Member States on foreign direct investment flows and trends in this area.
BUDGETARY IMPLICATIONS: the impact on appropriations of an administrative nature is estimated at EUR 3.224 million over a 4-year period.
Documents
Documents
- Follow-up document: COM(2022)0433
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2022)0219
- Follow-up document: COM(2021)0714
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2021)0334
- For information: C(2020)1981
- Commission response to text adopted in plenary: SP(2019)354
- Final act published in Official Journal: Regulation 2019/452
- Final act published in Official Journal: OJ L 079I 21.03.2019, p. 0001
- Draft final act: 00072/2019/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0121/2019
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE631.953
- Text agreed during interinstitutional negotiations: PE631.953
- Committee report tabled for plenary, 1st reading: A8-0198/2018
- Committee opinion: PE615.451
- Amendments tabled in committee: PE620.765
- Amendments tabled in committee: PE620.810
- Committee opinion: PE615.441
- Committee of the Regions: opinion: CDR5423/2017
- Committee opinion: PE616.888
- Committee draft report: PE619.160
- Contribution: COM(2017)0487
- Contribution: COM(2017)0487
- Contribution: COM(2017)0487
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2017)0297
- Legislative proposal published: COM(2017)0487
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2017)0297
- Committee draft report: PE619.160
- Committee opinion: PE616.888
- Committee of the Regions: opinion: CDR5423/2017
- Committee opinion: PE615.441
- Amendments tabled in committee: PE620.765
- Amendments tabled in committee: PE620.810
- Committee opinion: PE615.451
- Text agreed during interinstitutional negotiations: PE631.953
- Draft final act: 00072/2019/LEX
- Commission response to text adopted in plenary: SP(2019)354
- For information: C(2020)1981
- Follow-up document: COM(2021)0714 EUR-Lex
- Follow-up document: EUR-Lex SWD(2021)0334
- Follow-up document: COM(2022)0433 EUR-Lex
- Follow-up document: EUR-Lex SWD(2022)0219
- Contribution: COM(2017)0487
- Contribution: COM(2017)0487
- Contribution: COM(2017)0487
Activities
- Marcus PRETZELL
- Franck PROUST
- Christofer FJELLNER
Plenary Speeches (1)
- Eleonora FORENZA
Plenary Speeches (1)
- Aleksander GABELIC
Plenary Speeches (1)
- Eduard KUKAN
Plenary Speeches (1)
- Christelle LETARD-LECHEVALIER
Plenary Speeches (1)
- Innocenzo LEONTINI
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Ralph PACKET
Plenary Speeches (1)
- Tokia SAÏFI
Plenary Speeches (1)
- Dobromir SOŚNIERZ
Plenary Speeches (1)
- Joachim STARBATTY
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- Sotirios ZARIANOPOULOS
Plenary Speeches (1)
Votes
A8-0198/2018 - Franck Proust - Am 89 14/02/2019 12:07:42.000 #
2019/02/14 Outcome: +: 500, 0: 56, -: 49
| DE | FR | PL | ES | IT | RO | AT | BE | CZ | BG | HU | NL | FI | SK | SE | HR | PT | GB | DK | LT | SI | LV | LU | MT | IE | EE | EL | CY | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
80
|
64
|
45
|
42
|
54
|
24
|
18
|
16
|
18
|
14
|
13
|
25
|
12
|
12
|
12
|
10
|
17
|
55
|
11
|
8
|
8
|
7
|
5
|
5
|
7
|
4
|
16
|
2
|
|
| PPE |
172
|
Germany PPEFor (30)Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Birgit COLLIN-LANGEN, Christian EHLER, Daniel CASPARY, David MCALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Godelieve QUISTHOUDT-ROWOHL, Hermann WINKLER, Ingeborg GRÄSSLE, Jens GIESEKE, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Peter LIESE, Rainer WIELAND, Reimer BÖGE, Renate SOMMER, Sabine VERHEYEN, Stefan GEHROLD, Thomas MANN, Werner KUHN, Werner LANGEN
|
Poland PPEFor (19)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogusław SONIK, Czesław Adam SIEKIERSKI, Danuta Maria HÜBNER, Dariusz ROSATI, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław KALINOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Krzysztof HETMAN, Michał BONI, Róża THUN UND HOHENSTEIN, Tadeusz ZWIEFKA
|
Spain PPEFor (13)Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Esteban GONZÁLEZ PONS, Francisco José MILLÁN MON, Francisco de Paula GAMBUS MILLET, Gabriel MATO, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Luis de GRANDES PASCUAL, Ramón Luis VALCÁRCEL SISO, Rosa ESTARÀS FERRAGUT, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ
|
Italy PPEFor (6) |
5
|
1
|
Czechia PPEFor (6) |
Bulgaria PPEFor (7) |
Hungary PPEFor (7) |
Netherlands PPEFor (5) |
3
|
Slovakia PPE |
3
|
4
|
Portugal PPE |
2
|
1
|
2
|
5
|
3
|
2
|
3
|
3
|
1
|
2
|
|||
| S&D |
144
|
Germany S&DFor (19) |
France S&DFor (7)Abstain (3) |
Poland S&DFor (5) |
Italy S&DFor (22)Andrea COZZOLINO, Brando BENIFEI, Damiano ZOFFOLI, Daniele VIOTTI, Elena GENTILE, Elly SCHLEIN, Flavio ZANONATO, Giuseppe FERRANDINO, Goffredo Maria BETTINI, Isabella DE MONTE, Luigi MORGANO, Massimo PAOLUCCI, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Patrizia TOIA, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Roberto GUALTIERI, Silvia COSTA
Abstain (1) |
10
|
Austria S&D |
3
|
3
|
2
|
2
|
3
|
2
|
3
|
4
|
2
|
Portugal S&DFor (7) |
United Kingdom S&DFor (16) |
3
|
1
|
1
|
1
|
1
|
2
|
1
|
4
|
1
|
||
| ALDE |
59
|
4
|
France ALDEFor (7) |
1
|
1
|
Belgium ALDEFor (6) |
4
|
4
|
Netherlands ALDEFor (6) |
4
|
2
|
2
|
1
|
1
|
1
|
2
|
1
|
1
|
1
|
1
|
2
|
||||||||
| ECR |
60
|
5
|
Poland ECRFor (16) |
3
|
1
|
3
|
2
|
1
|
2
|
2
|
3
|
1
|
United Kingdom ECR |
3
|
1
|
1
|
1
|
||||||||||||
| Verts/ALE |
45
|
Germany Verts/ALEFor (11) |
5
|
Spain Verts/ALE |
1
|
3
|
2
|
2
|
2
|
3
|
1
|
4
|
1
|
1
|
1
|
1
|
1
|
1
|
|||||||||||
| ENF |
33
|
1
|
1
|
Italy ENFAbstain (5) |
4
|
1
|
4
|
3
|
|||||||||||||||||||||
 NI |
17
|
2
|
2
|
3
|
1
|
2
|
2
|
1
|
Greece NI |
||||||||||||||||||||
| EFDD |
34
|
1
|
France EFDDAgainst (2) |
1
|
Italy EFDDFor (1) |
1
|
United Kingdom EFDDAgainst (11) |
1
|
|||||||||||||||||||||
| GUE/NGL |
40
|
Germany GUE/NGLFor (1)Against (6) |
France GUE/NGL |
Spain GUE/NGLAgainst (1) |
2
|
2
|
3
|
1
|
Portugal GUE/NGLAgainst (3)Abstain (1) |
1
|
1
|
2
|
Greece GUE/NGL |
1
|
| Amendments | Dossier |
| 1025 |
2017/0224(COD)
2018/02/08
ECON
154 amendments...
Amendment 100 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3a. The framework for screening carried out by Member States on the grounds of security or public order should, in particular, include projects or programmes relating to critical infrastructure, critical inputs, or critical technology.
Amendment 101 #
Proposal for a regulation Article 4 – title Factors that
Amendment 102 #
Proposal for a regulation 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 may consider the potential direct and indirect effects on, inter alia:
Amendment 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part In screening a foreign direct investment on the grounds of security or public order, Member States
Amendment 105 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, water, transport, communications and the media, health services, research, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 106 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, water supply, transport, health, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 107 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, transport, communications, media, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 108 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, advanced materials, critical raw materials, nanotechnologies, biotechnologies, medical technologies, technologies with potential dual use applications, cyber security, space or nuclear technology;
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, and technologies developed using public support;
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, biotechnology, space or nuclear technology;
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 a (new) - the security of supply of food, including agricultural land and other agricultural assets;
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 - the strategic autonomy of the EU, its Member States, and the value chain of critical technologies and sectors, and the security of supply of critical input
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 - access to sensitive information
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) - foreign investors' property acquisitions that might affect security or public order.
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) - social services such as health, education, or social security.
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) - the security of supply of critical outputs such as healthcare;
Amendment 118 #
Proposal for a regulation Article 4 – paragraph 1 a (new) When screening foreign direct investment, Member States and the Commission should also consider whether similar possibilities for investment exist for European investors in the third countries concerned (principle of reciprocity).
Amendment 119 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 120 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country, including through significant funding, as well as the multinational nature of the foreign investor, in particular its practices concerning tax evasion and aggressive tax optimisation and the systematic relocation of production.
Amendment 121 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 122 #
Proposal for a regulation 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 whether the foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 123 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 124 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 125 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 126 #
Proposal for a regulation Article 5 – paragraph 1 Member States may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions. These may relate to situations where, despite being registered in a Member State, an undertaking is effectively controlled or owned by nationals of a third country.
Amendment 127 #
Proposal for a regulation Article 5 – paragraph 1 Member States
Amendment 128 #
Proposal for a regulation Article 5 – paragraph 1 a (new) The measures referred to in the first paragraph shall include direct investment statistics reflecting real investment, compiled in accordance with OECD and IMF guidelines so as to exclude balance of payments financial flows.
Amendment 129 #
Proposal for a regulation Article 5 – paragraph 1 a (new) Member States shall notify other Member States and the Commission of any attempts by investors to circumvent the screening mechanisms and screening decisions.
Amendment 130 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2 a. Trade unions may be allowed to request to the competent authorities of the Member States the activation of their screening mechanisms.
Amendment 131 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 132 #
4. Foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities, unless such action is considered contrary to the essential security interests of the Member State.
Amendment 133 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4 a. The Commission shall develop and share a ‘best practice’ screening mechanism which may be adopted by Member States, for instance where there is currently no screening mechanism in place. Member States may call upon the Commission's Structural Reform Support Service (SRSS) in setting up their screening mechanism.
Amendment 134 #
Proposal for a regulation Article 7 Amendment 135 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States
Amendment 136 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 (new) Member States shall not be obliged to provide any information, the disclosure of which it considers contrary to its essential security interests.
Amendment 137 #
Proposal for a regulation Article 7 – paragraph 2 – point d a (new) (da) any decisions to nationalise companies targeted by foreign direct investment screened or undergoing screening.
Amendment 138 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 139 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall
Amendment 140 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall provide the Commission
Amendment 141 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. On the basis of annual reports by the Member States and with due regard to the confidentiality of sensitive information, the European Commission shall publish an annual report with aggregated information on the application of the screening mechanisms.
Amendment 142 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the
Amendment 143 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 144 #
Proposal for a regulation 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
Amendment 145 #
Proposal for a regulation Article 8 – paragraph 2 2. Where
Amendment 146 #
Proposal for a regulation 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 comments to the Member State where the foreign direct investment is planned or has been completed. The comments shall be forwarded to the Commission in parallel only if the Commission provides a motivated request to access the comments or if the comments relate to projects of Union interests or EU funded projects.
Amendment 147 #
Proposal for a regulation 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
Amendment 148 #
Proposal for a regulation Article 8 – paragraph 3 3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in
Amendment 149 #
Proposal for a regulation 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
Amendment 150 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. Where the Commission, Member States or the Coordination group have been made aware of a threat to security or public order, such as coordinated efforts by one or more foreign countries to obtain critical assets, this information shall be shared without undue delay so that FDI screening efforts can be coordinated.
Amendment 151 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 152 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 153 #
Proposal for a regulation 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
Amendment 154 #
Proposal for a regulation 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
Amendment 155 #
Proposal for a regulation 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
Amendment 156 #
Proposal for a regulation 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
Amendment 157 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Where Member States are in an Excessive Deficit Procedure, the Commission conducts additional oversight over foreign direct investments in these Member States. Where the Commission considers that a foreign direct investment is likely to affect security or public order, it shall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 158 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request additional information as referred to in Article 10 from the Member State where the foreign direct investment is planned or has been completed
Amendment 159 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 160 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned 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. Where
Amendment 161 #
Proposal for a regulation Article 9 – paragraph 5 5. The Commission's opinion shall not be binding on the Member States where the foreign direct investment is planned or has been completed
Amendment 162 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall endeavour to ensure that the information requested by the Commission
Amendment 163 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without un
Amendment 164 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The full ownership structure 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
Amendment 165 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) The value of t
Amendment 166 #
Proposal for a regulation Article 10 – paragraph 2 – point e a (new) (e a) Where no ultimate beneficial owner can be identified, the foreign direct investment concerned should not be allowed.
Amendment 167 #
Proposal for a regulation Article 11 – paragraph 1 1. Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.
Amendment 168 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the
Amendment 169 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the protection of confidential and commercially sensitive information acquired in application of this Regulation.
Amendment 170 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission should also establish a central screening point in order to co- ordinate the activities of screening points established at national level. The Commission and other Member States shall involve these FDI screening contact points on all issues related to implementation of this Regulation.
Amendment 171 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall
Amendment 172 #
Proposal for a regulation Article 12 a (new) Article 12 a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be setup. Each Member State that maintains a screening mechanism shall appoint a representative/expert to the Investment Screening Coordination Group. 2. The Investment Screening Coordination Group may exchange views and information on any foreign direct investment that are undergoing screening within the framework of Member States’ screening mechanisms and for which a cooperation mechanism has been activated under Articles 8 and 9. 3. At the request of the Member States the Commission may put on the agenda investments planned in Member States that do not maintain a screening mechanism and invite the member State where the investment is planned to the Investment Screening Coordination Group. 4. 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 173 #
Proposal for a regulation Article 13 – paragraph 1 1.
Amendment 174 #
Proposal for a regulation 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
Amendment 175 #
Proposal for a regulation 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
Amendment 176 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 177 #
Proposal for a regulation Article 13 a (new) Article 13 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to Article 3(3) shall be conferred on the Commission for a period of five years from the date of the 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 178 #
Proposal for a regulation Annex I – indent 6 a (new) - European Fund for Strategic Investments Regulation (EU) No 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013; Regulation of the European Parliament and of the Council amending Regulations (EU) No 1316/2013 and (EU) 2015/1017 as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub;
Amendment 179 #
Proposal for a regulation Annex I – indent 6 a (new) - European Defence Industrial Development Programme: Regulation of the European Parliament and of the Council of ... establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry; OJ L ... (COM(2017)0294).
Amendment 180 #
Proposal for a regulation Annex I – indent 6 b (new) - European Defence Fund and EU Defence Industrial Development Programme: Regulation of the European Parliament and the Council of ... establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry;OJ L ... (COM(2017)0294) Council Decision (EU) 2017/1967 of 23 October 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (The Union's preparatory action on defence research); OJ L 279, 28.10.2017, p. 50.
Amendment 181 #
Proposal for a regulation Annex I – indent 6 b (new) - European Defence Fund: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'Launching the European Defence Fund' (COM(2017)0295)
Amendment 182 #
Proposal for a regulation Annex I – indent 6 c (new) - Permanent structured cooperation (PESCO): Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States; OJ L 331, 14.12.2017, p. 57.
Amendment 29 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes. Foreign investment has, however, also been leading to serious cases of poverty and unemployment, especially when a foreign investor, having established itself in given Union regions, relocates its production years later, despite having repeatedly received national and Union support.
Amendment 30 #
Proposal for a regulation Recital 1 Amendment 31 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the
Amendment 32 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating jobs and economies of scale, stimulating productivity, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 33 #
Proposal for a regulation Recital 1 a (new) (1 a) A strong economy based on open markets, an entrepreneurial climate fostering innovations, global leadership and growth is the best base for security, integrity and sovereignty. Foreign investments contribute not only to European growth but also to our leadership regarding innovations, research and science. When foreign actors are investing in innovation and research in Europe, they are investing in Europe and our future strength and capacities. Protectionism makes us weaker, open markets makes us stronger. This doesn’t exclude the fact that some investments from some actors can be of a kind where we need to be vigilante in order to hinder what can be threats to our security, integrity and sovereignty.
Amendment 34 #
Proposal for a regulation Recital 2 (2) The Union and the Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union ('TFEU') and embedded in the international commitments undertaken by the Union and its Member States with respect to foreign
Amendment 35 #
Proposal for a regulation 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 only on the grounds of security or public order, subject to certain requirements.
Amendment 36 #
Proposal for a regulation 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. There are, however, several outlying countries which, because austerity policies had been imposed on them, were virtually forced to privatise key companies that have consequently ended up in foreign ownership, a fact which is undermining the quality of public service and the role of those companies as a lever for development.
Amendment 37 #
Proposal for a regulation Recital 6 (6) Foreign direct investments are essentially stakes in the capital of companies, and do not therefore fall
Amendment 38 #
Proposal for a regulation Recital 6 a (new) (6 a) The fact that non-direct investment does not fully fall within the common commercial policy has been clarified by the Court of Justice in its opinion of 16 May 20171a. _________________ 1aOpinion 2/2015 of the Court of Justice of 16 May 2017 (OJ C 239, 24.7.2017, p. 3).
Amendment 39 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security. The current legal framework must be bolstered in the light of changes in practices relating to direct foreign investment and in screening systems around the world.
Amendment 40 #
Proposal for a regulation Recital 7 (7)
Amendment 41 #
Proposal for a regulation Recital 7 a (new) (7a) This framework should be seen as a tool for promoting more regular dialogue between the competent national and European authorities and investors. It should create a relationship of trust and greater transparency, whilst at the same time offering investors greater legal security. The Commission should be able to monitor the screening systems employed in the other jurisdictions around the world.
Amendment 42 #
Proposal for a regulation 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 for Member States to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances. The nationalisation of one or more companies should be considered where there are risks to security or public order, when the sectors concerned are of strategic importance to the national economy.
Amendment 43 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the means to monitor and 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 44 #
Proposal for a regulation 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 any risk
Amendment 45 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should provide the Member States
Amendment 46 #
Proposal for a regulation Recital 9 (9) A broad range of investments 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. In addition, the framework should cover short-term investment masquerading as a long-term commitment, including direct investment flows intended to avoid tax or for money laundering purposes, and investment channelled towards sectors with high research and product development expenditure with a view to acquiring technology.
Amendment 47 #
Proposal for a regulation Recital 9 (9) A
Amendment 48 #
Proposal for a regulation Recital 10 (10) Member States should be able to take the necessary measures
Amendment 49 #
Proposal for a regulation Recital 11 Amendment 50 #
Proposal for a regulation 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
Amendment 51 #
Proposal for a regulation Recital 11 (11) To guide Member States
Amendment 52 #
Proposal for a regulation 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. Attention should be paid to investments that originate from countries mentioned in the Council Conclusions of 5 December 2017 on the EU list of non- cooperative jurisdictions for tax purposes, including the 47 jurisdictions that have committed to addressing deficiencies in their tax systems, as well as to sovereign wealth fund investments that need to be aligned with the Generally Accepted Principles and Practices (GAPP)on Sovereign Wealth Funds (“Santiago Principles”).
Amendment 53 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security or public order, Member States
Amendment 54 #
Proposal for a regulation 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. This should also include the security of food supply, including investments in agricultural land and other agricultural assets. 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 55 #
Proposal for a regulation Recital 12 Amendment 56 #
Proposal for a regulation 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 who is the beneficial owner.
Amendment 57 #
Proposal for a regulation 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
Amendment 58 #
Proposal for a regulation Recital 12 a (new) (12a) When a decision about a screening procedure is taken, the Member States and the Commission should pay particular attention to complex and artificial tax arrangements, as they can be a way of circumventing screening systems. The reputation of the investor and the country of origin and transit for the investment should therefore also be taken into account.
Amendment 59 #
Proposal for a regulation Recital 12 a (new) (12 a) Particular attention should be paid to investments originating from countries designated as tax havens, also to third countries that illegally protect financial assets and goods acquired in the Union.
Amendment 60 #
Proposal for a regulation Recital 12 b (new) (12b) When screening is carried out, the Member States and the EU should take account of the impact of the direct foreign investments on the strategic autonomy of the EU and its Member States and on the value chain for critical technologies and sectors.
Amendment 61 #
Proposal for a regulation Recital 13 Amendment 62 #
Proposal for a regulation Recital 13 a (new) (13a) This cooperation framework should give the Member States and the Commission the flexibility needed to screen direct foreign investments both before (ex-ante) and after (ex-post) they are made.
Amendment 63 #
Proposal for a regulation 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. 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.
Amendment 64 #
Proposal for a regulation Recital 14 (14) A mechanism which enables Member States which maintain screening mechanisms 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. Member States should be able to provide comments to
Amendment 65 #
Proposal for a regulation Recital 15 Amendment 66 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect past, current and future 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.
Amendment 67 #
Proposal for a regulation Recital 15 a (new) (15 a) It should be possible for the European Parliament to request the Commission to activate of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission should take utmost account of the European Parliament’s position and provide explanations if it is not taken into account.
Amendment 68 #
Proposal for a regulation Recital 16 Amendment 69 #
Proposal for a regulation Recital 17 Amendment 70 #
Proposal for a regulation 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 should also report on the foreign direct investments that took place in their territory, on the basis of the information available to them. This Regulation provides a framework for existing screening mechanisms in the Union, without requiring any Member State to develop such a framework.
Amendment 71 #
Proposal for a regulation 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.
Amendment 72 #
Proposal for a regulation Recital 17 (17) In order to facilitate the cooperation with other Member States
Amendment 73 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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 of the foreign investor
Amendment 74 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 75 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a
Amendment 76 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State as well as through the establishment of an Investment Screening Coordination Group. The Investment Screening Coordination Group should be formed of representatives of Member States that maintain screening mechanism and may serve as a platform to exchange views and information and to assist each other on foreign direct investment. The Investment Screening Coordination Group may also consider investments planned in Member States that do not maintain a screening mechanism and those Member States should be invited to the meetings of the Investment Screening Coordination Group.
Amendment 77 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State, which should be coordinated by a central contact point.
Amendment 78 #
Proposal for a regulation Recital 20 a (new) (20 a) This Regulation relates to a new action by the Union to scrutinise foreign direct investments. The importance of an open investment environment should nevertheless continue to be stressed and this Regulation aims to achieve the objective of free movement of capital between Member States and third countries to the greatest extent possible.
Amendment 79 #
Proposal for a regulation Recital 21 (21)
Amendment 80 #
Proposal for a regulation Recital 21 (21) No later than t
Amendment 81 #
Proposal for a regulation Article premier – paragraph 1 This Regulation helps to establish
Amendment 82 #
Proposal for a regulation 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 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 the territory or the exclusive economic zone of a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 83 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural person of a
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a (new) a) right to excercise more than 50% of the voting rights; and
Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (new) b) ownership right amounting to 50% of the undertaking’s capital or owns more than 50% of the rights giving entitlement to profit.
Amendment 87 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may 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. Nationalisation shall be considered a means to employ when security or public order is at stake.
Amendment 88 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen
Amendment 89 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 90 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 91 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order,
Amendment 92 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission, in addition to the Member States, may screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 93 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 94 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 95 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 96 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 97 #
Proposal for a regulation 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, under the current Multiannual Financial Framework and future Multiannual Financial Frameworks, 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. The Commission is empowered to adopt delegated acts in accordance with Article 13a in order to amend projects and programmes listed in the Annex as well as specify the levels of EU funding considered to be a “significant amount” or “significant share”.
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve or have involved 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.
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve a
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193 amendments...
Amendment 100 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that are likely to affect Union projects
Amendment 101 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 102 #
Proposal for a regulation 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 and non- exhaustive list of projects or programmes of Union interest is included in Annex 1.
Amendment 103 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve
Amendment 104 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve
Amendment 105 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve
Amendment 106 #
Proposal for a regulation 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. A
Amendment 107 #
Proposal for a regulation Article 4 – title Factors that
Amendment 108 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part In screening a foreign direct investment on the grounds of security
Amendment 109 #
Proposal for a regulation 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
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part In screening a foreign direct investment on the grounds of security or public order, Member States
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, critical materials and raw materials, transport, communications, data storage, aerospace or financial infrastructure, historical and cultural heritage, services of general interest, as well as sensitive facilities
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, energy security, transport, water, communications, public health provision, data storage, space or financial infrastructure, as well as sensitive facilities and any security and defence infrastructure;
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, water, transport, communications and media, telecommunications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, water, transport, communications, health, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, transport, communications, data storage, defence industry, space or financial infrastructure, as well as sensitive facilities;
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, robotics, semiconductors, critical raw materials, nanotechnologies, biotechnologies, technologies with potential dual use applications, defence, cybersecurity, cyber surveillance and intrusion technology, aerospace and space or nuclear technology;
Amendment 118 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, nanotechnologies, robotics, semiconductors, technologies with potential dual use applications,
Amendment 119 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, military and defence technologies, cybersecurity, space or nuclear technology;
Amendment 120 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, robotics, semiconductors, defence technology, technologies with potential dual use applications, cybersecurity, space or nuclear technology;
Amendment 121 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace, defence, space or nuclear technology;
Amendment 122 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 – the security of supply of critical inputs
Amendment 123 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 – the security of supply of critical or strategic inputs; or
Amendment 124 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 a (new) – the role that the undertaking plays in collaborative research and development projects and the access to technology, IPR and know-how associated with the research and development programme;
Amendment 125 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 – access to sensitive national and European security information or the ability to control sensitive security information.
Amendment 126 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 – access to sensitive or strategic information or
Amendment 127 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) – the defence industry, including undertakings in the supply chain for defence products and technologies, the risk of military technology being transferred to a country that poses a global or regional security threat including links to terrorism.
Amendment 128 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 b (new) – defence infrastructure such as military bases and foreign direct investment in land and real estate that may affect use of that defence infrastructure.
Amendment 129 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 c (new) – access to sensitive personal data of European citizens such as health data and private and public life as well as the ability to control sensitive public and private life such as through news providers, social networks and messaging services.
Amendment 13 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, generating growth, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 130 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security
Amendment 131 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country, including through significant funding, opaque ownership structures where the ultimate owner is not clear or any other form of leverage, in particular in third countries which do not meet European standards of democracy and the rule of law.
Amendment 132 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country,
Amendment 133 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country, including through significant funding, or whether the decision to make the proposed investment complies with market rules.
Amendment 134 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 135 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of any third country, including through significant funding, or is simply seeking to serve, on occasion, the interests of the third country in question.
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security
Amendment 137 #
Proposal for a regulation 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 whether the foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 139 #
Proposal for a regulation 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 whether the foreign investor is controlled or owned by the government of a third country, including through significant funding.
Amendment 14 #
Proposal for a regulation Recital 2 a (new) (2a) The European economy is one of the most open on the world, and the EU's growth and competitiveness are dependent on this openness and trade; the EU, however, suffers from a lack of reciprocal access to the markets of its trading partners, undermining its economy and industry and hampering its companies.
Amendment 140 #
Proposal for a regulation Article 4 – paragraph 2 a (new) In determining whether foreign direct investment in the defence industry is likely to affect security, the Member States and the Commission may take geopolitical factors into account as well as a rebuttable assumption that foreign direct investment from an undertaking based in a NATO member state is unlikely to affect security interests.
Amendment 141 #
Proposal for a regulation Article 5 – paragraph 1 Member States
Amendment 142 #
Proposal for a regulation Article 5 – paragraph 1 a (new) Member States and the Commission shall in particular assess the risk of possible transfers of knowledge or intangible goods in the context of foreign direct investments and their compatibility with Council Regulation (EC) No 428/2009*, Council Regulation (EC) No 1236/2005**, Council Common Position 944/2008/CFSP***, and the objectives of standard clauses concerning weapons of mass destruction contained in the bilateral trade or mixed agreements with the third country concerned. ___________________ * Council Regulation (EC) No 428/2009, of 5 May 2009, setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1). **Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (OJ L 200, 30.7.2005, p. 1). *** Council Common Position 2003/468/CFSP on the control of arms brokering (OJ L 156, 25.6.2003, p. 79).
Amendment 143 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for issuing screening decisions.
Amendment 144 #
Proposal for a regulation Article 6 – paragraph 4 4. Foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions
Amendment 145 #
Proposal for a regulation Article 6 – paragraph 4 4. Foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities, unless such action is considered contrary to the essential security interests of the Member State.
Amendment 146 #
Proposal for a regulation Article 7 – paragraph 1 Amendment 147 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall notify to the Commission their existing screening mechanisms by […] (30 days of the entry into force of this Regulation) at the latest. Member States shall notify
Amendment 148 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 149 #
Proposal for a regulation Article 7 – paragraph 2 – point d Amendment 15 #
Proposal for a regulation 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
Amendment 150 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. Member States shall not be obliged to provide any information the disclosure of which they consider contrary to their essential security interests.
Amendment 151 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 152 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall undertake to introduce them and 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 153 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 154 #
Proposal for a regulation 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. Member States with no screening mechanism shall endeavour to inform the Commission and the other Member States of any foreign direct investments that may be covered by one of the aspects of Article 4. 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 155 #
Proposal for a regulation Article 8 – paragraph 1 Amendment 156 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 157 #
Proposal for a regulation 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
Amendment 158 #
Proposal for a regulation 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 comments to the Member State where the foreign direct investment is planned or has been completed.
Amendment 159 #
Proposal for a regulation Article 8 – paragraph 2 2. Where a Member State considers that a foreign direct investment planned
Amendment 16 #
Proposal for a regulation 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
Amendment 160 #
Proposal for a regulation 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, or the security and strategic interest of the Union, it may issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinion irrespective of whether other Member States have provided comments.
Amendment 161 #
Proposal for a regulation Article 8 – paragraph 3 3. Where the Commission considers that a foreign direct investment is likely to affect security
Amendment 162 #
Proposal for a regulation 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 may issue a
Amendment 163 #
Proposal for a regulation 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 may issue an advisory opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue
Amendment 164 #
Proposal for a regulation 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
Amendment 165 #
Proposal for a regulation 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
Amendment 166 #
Proposal for a regulation 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, or the security and strategic interest of the Union, 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 3.
Amendment 167 #
Proposal for a regulation 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
Amendment 168 #
Proposal for a regulation Article 8 – paragraph 5 Amendment 169 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments pursuant to paragraphs 2 or advisory opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned or has been completed with
Amendment 17 #
Proposal for a regulation 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 security. 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 and should therefore introduce them.
Amendment 170 #
Proposal for a regulation Article 8 – paragraph 6 6. The Member States where the foreign direct investment is planned
Amendment 171 #
Proposal for a regulation Article 9 Amendment 172 #
Proposal for a regulation 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
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation 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 may issue a
Amendment 175 #
Proposal for a regulation 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
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
Amendment 177 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. The European Parliament may request the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security, public order, fundamental rights or the protection of key technologies.
Amendment 178 #
Proposal for a regulation 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
Amendment 179 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned
Amendment 18 #
Proposal for a regulation Recital 5 (5) The
Amendment 180 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States. Where the Commission has provided an opinion under this Article, it shall inform the European Parliament as part of a structured dialogue on foreign direct investment affecting security and public order.
Amendment 181 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 182 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned or has been completed shall take utmost account of the Commission's opinion and provide a
Amendment 183 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned or has been completed shall take utmost account of the Commission's opinion and shall provide an explanation to the Commission in case its opinion is not followed.
Amendment 184 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned
Amendment 185 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned or has been completed shall take
Amendment 186 #
Proposal for a regulation Article 10 – paragraph 1 Amendment 187 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay and complies with minimum qualitative requirements for the reliability and comparability of data sets.
Amendment 188 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4)
Amendment 189 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 19 #
(5) There is currently no comprehensive framework at EU-level for the screening of foreign direct investments on the grounds of security
Amendment 190 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services, patents and business operations of the foreign investor and of
Amendment 191 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 192 #
Proposal for a regulation Article 10 – paragraph 2 – point d (d) The Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned
Amendment 193 #
Proposal for a regulation Article 10 – paragraph 2 – point d a (new) (da) the third countries in which the foreign investor carries out a substantial part of investments and business operations;
Amendment 194 #
Proposal for a regulation Article 10 – paragraph 2 – point e a (new) (ea) Any other information available to the Member State that can help to determine whether the investment falls within the scope of this Regulation.
Amendment 195 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the protection of confidential information acquired in application of this Regulation, particularly in respect to the protection of trade secrets.
Amendment 196 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States
Amendment 197 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involve these FDI screening contact points on all issues related to implementation of this Regulation. The Commission and the Member States shall meet regularly to discuss best practices in investment screening and coordinate on factors that are taken into consideration within the meaning of Article 4 with a view to harmonising those factors.
Amendment 198 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment.
Amendment 199 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint an institutional foreign direct investment screening contact point ('institutional FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involve these FDI screening contact points on all issues related to implementation of this Regulation.
Amendment 20 #
Proposal for a regulation Recital 6 Amendment 200 #
Proposal for a regulation Article 13 – paragraph 1 Amendment 201 #
Proposal for a regulation 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 3 years after its entry into force. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report. At all events, the Commission shall submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall give the European Parliament and the Council reasons for its decision.
Amendment 202 #
Proposal for a regulation 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 3 years after its entry into force. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report. They shall also make suitably justified proposals to the Commission for any amendments to this Regulation.
Amendment 203 #
Proposal for a regulation 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 3 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 204 #
Proposal for a regulation Article 13 – paragraph 2 Amendment 205 #
Proposal for a regulation Annex I – indent –1 (new) -1 European Defence Fund and EU Defence Industrial Development Programme: – Regulation 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; – European Commission Decision on the financing of the Preparatory Action on Defence Research (PADR);
Amendment 21 #
Proposal for a regulation Recital 6 a (new) (6a) The fact that non-direct investments do not fully fall within the scope of common commercial policy has been clarified by Opinion 2/15 the Court of Justice of the European Union of 16 May 2015.
Amendment 22 #
Proposal for a regulation Recital 6 a (new) (6a) The EU's common trade policy is founded on the principle of reciprocity.
Amendment 23 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security and with due account for the provisions of Article 346 of the TFEU.
Amendment 24 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This
Amendment 25 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security
Amendment 26 #
Proposal for a regulation 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
Amendment 27 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the necessary means to address risks to security or public order in a comprehensive manner,
Amendment 28 #
Proposal for a regulation 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 for Member States to screen foreign direct investments on grounds of security
Amendment 29 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should provide the Member States
Amendment 30 #
Proposal for a regulation Recital 9 (9) A
Amendment 31 #
Proposal for a regulation Recital 10 (10) Member States should be able to take the necessary measures
Amendment 32 #
Proposal for a regulation 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 security
Amendment 33 #
Proposal for a regulation 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
Amendment 34 #
Proposal for a regulation Recital 11 Amendment 35 #
Proposal for a regulation 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
Amendment 36 #
Proposal for a regulation 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
Amendment 37 #
Proposal for a regulation 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 as well as providing a basis for the competent authority to respond to any potential judicial review of the screening. This list of factors that may affect security or public order should remain non-exhaustive.
Amendment 38 #
Proposal for a regulation 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
Amendment 39 #
Proposal for a regulation 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 sh
Amendment 40 #
Proposal for a regulation 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, implications for national defence and the European defence industry, critical 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. Effective control may also arise through the use of extended credit and lending by the government of a third country or a state-owned financial institution, or any other state-owned enterprise of a third country.
Amendment 41 #
Proposal for a regulation 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
Amendment 42 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security
Amendment 43 #
Proposal for a regulation 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, including in its economic dimension, 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.
Amendment 44 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security
Amendment 45 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security or public order, Member States
Amendment 46 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security or public order, Member States and the Commission should
Amendment 47 #
Proposal for a regulation 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 of and, minimum qualitative requirements for, data to be provided by Member States to improve the reliability and comparability of data sets on foreign direct investment and the possibility for foreign investors to seek judicial redress of screening decisions.
Amendment 48 #
Proposal for a regulation 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
Amendment 49 #
Proposal for a regulation Recital 14 Amendment 50 #
Proposal for a regulation 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. 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. The possibility of setting up voluntary cooperation agreements between the relevant national authorities and the Commission on the one hand and third countries with similar equivalent screening mechanisms should be included in the Economic and Partnership Agreements adopted as part of the Union’s external action.
Amendment 51 #
(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. Member States should be enabled t
Amendment 52 #
Proposal for a regulation Recital 14 (14) A mechanism should be set up 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
Amendment 53 #
Proposal for a regulation 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
Amendment 54 #
Proposal for a regulation Recital 15 Amendment 55 #
Proposal for a regulation 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
Amendment 56 #
Proposal for a regulation 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 the grounds of security
Amendment 57 #
Proposal for a regulation 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
Amendment 58 #
Proposal for a regulation Recital 15 a (new) (15a) The European Parliament should have the possibility to request to the Commission the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security, public order, fundamental rights or the protection of key technologies. The Commission should take utmost account of the European Parliament’s position and provide explanations if the Parliaments position has not been taken into account.
Amendment 59 #
Proposal for a regulation Recital 16 Amendment 60 #
Proposal for a regulation Recital 16 (16) Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on the grounds of security
Amendment 61 #
Proposal for a regulation 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
Amendment 62 #
Proposal for a regulation Recital 16 Amendment 63 #
Proposal for a regulation 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 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
Amendment 64 #
Proposal for a regulation Recital 17 Amendment 65 #
Proposal for a regulation 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, on request, notify their screening mechanisms and any amendment thereto to the Commission, and should report on the application of their
Amendment 66 #
Proposal for a regulation Recital 17 (17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission and improve the reliability and comparability of data provided by Member States, 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 should also report on the foreign direct investments that took place in their territory, on the basis of the information available to them.
Amendment 67 #
Proposal for a regulation 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 amendments 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 should also be invited to report on the foreign direct investments that took place in their territory, on the basis of the information available to them.
Amendment 68 #
Proposal for a regulation Recital 18 (18)
Amendment 69 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 70 #
Proposal for a regulation Recital 19 Amendment 71 #
Proposal for a regulation Recital 19 Amendment 72 #
Proposal for a regulation Recital 20 (20) Member States and the Commission should take all necessary measures to ensure the protection of confidential and other sensitive information, particularly where the security and integrity of a Member State are concerned.
Amendment 73 #
Proposal for a regulation Recital 20 (20) Member States
Amendment 74 #
Proposal for a regulation Recital 21 Amendment 75 #
Proposal for a regulation 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 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
Amendment 76 #
Proposal for a regulation Recital 22 Amendment 77 #
Proposal for a regulation Recital 22 (22) The implementation of this Regulation by the Union and the Member States should comply with the relevant requirements for the imposition of restrictive measures based on the grounds of security
Amendment 78 #
Proposal for a regulation Recital 23 Amendment 79 #
Proposal for a regulation 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 order. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security.
Amendment 80 #
Proposal for a regulation 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
Amendment 81 #
Proposal for a regulation 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
Amendment 82 #
Proposal for a regulation 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 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 the territory or the Exclusive Economic Zone of a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 83 #
Proposal for a regulation 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 links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry o
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural person of a third country
Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 4. 'screening mechanism' means an instrument of general application, such as a law or regulation, and accompanying administrative requirements, implementing rules or guidelines, setting out the terms, conditions and procedures for the screening of foreign direct investments on the grounds of security
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 a (new) 6a. Key technologies means technologies or firms which a branch of industries depends on, as provided for, by way of example, in the second indent of Article 4, paragraph 1;
Amendment 88 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments
Amendment 89 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security
Amendment 90 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order
Amendment 91 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security
Amendment 92 #
Proposal for a regulation Article 3 – paragraph 1 Amendment 93 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 94 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 95 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 96 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 97 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
source: 618.163
2018/03/02
ITRE
277 amendments...
Amendment 100 #
Proposal for a regulation Recital 12 a (new) (12a) The authority should be able to assess the financial strength and stability of the undertaking carrying out the foreign investment so as to prevent the investing undertaking from asset stripping or funnelling income back to the parent company so as to endanger the financial health of the EU undertaking.
Amendment 101 #
Proposal for a regulation 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 102 #
Proposal for a regulation 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, where appropriate, 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 process and the possibility for foreign investors to seek judicial redress of screening decisions.
Amendment 103 #
Proposal for a regulation Recital 14 Amendment 104 #
Proposal for a regulation Recital 14 (14) A mechanism which enables screening Member States to cooperate
Amendment 105 #
Proposal for a regulation Recital 14 (14) A mechanism which enables Member States to cooperate
Amendment 106 #
Proposal for a regulation 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. 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. The possibility of setting up voluntary cooperation agreements between the relevant national authorities and the Commission on the one hand and third countries with similar equivalent screening mechanisms should be included in the Economic and Partnership Agreements adopted as part of the Union’s external action.
Amendment 107 #
Proposal for a regulation 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. 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. In order to improve cooperation, coordination and communication among Member States as well as the sharing of information, related to all the issues within the scope of the Regulation, the European Commission will facilitate the creation of a Coordination Group.
Amendment 108 #
Proposal for a regulation Recital 14 (14) A mechanism which enables Member States maintaining screening mechanisms 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. Member States should be able to provide comments to
Amendment 109 #
Proposal for a regulation 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. 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
Amendment 110 #
Proposal for a regulation 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. Member States should be able to provide comments to a Member State in which the investment is planned or has already been completed, irrespective of whether the Member States providing comments or the Member States in which the investment is planned or has already 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
Amendment 111 #
Proposal for a regulation Recital 14 a (new) (14a) In order to give certainty to the investors, the cooperation mechanism should be usually applied to the planned investments. The cooperation mechanism could be activated on completed investments only in exceptional cases or if exist the reasonable doubt that changes to one or more of the points listed in Article 10 paragraph 2 have occurred.
Amendment 112 #
Proposal for a regulation Recital 15 Amendment 113 #
Proposal for a regulation Recital 15 Amendment 114 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should have the possibility to scr
Amendment 115 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should
Amendment 116 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should
Amendment 117 #
Proposal for a regulation 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 address
Amendment 118 #
Proposal for a regulation 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 address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take
Amendment 119 #
Proposal for a regulation 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 address an opinion to the Member States in which such investment is planned
Amendment 120 #
Proposal for a regulation 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 address a
Amendment 121 #
Proposal for a regulation 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
Amendment 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation Recital 17 (17) In order to facilitate the cooperation with other Member States
Amendment 124 #
Proposal for a regulation 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
Amendment 125 #
Proposal for a regulation 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 should also report on the foreign direct investments that took place in their territory
Amendment 126 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum level of information exchange and coordination between Member States with regard to foreign direct investments falling under the scope of this Regulation
Amendment 127 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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 or the Coordination Group. Relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries.
Amendment 128 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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 of the direct foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries.
Amendment 129 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 130 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State and through the establishment of a Coordination Group, run by the European Commission and composed of representatives of the Member States.
Amendment 131 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the
Amendment 132 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for
Amendment 133 #
Proposal for a regulation Recital 20 (20) Member States and the Commission should take all necessary measures to ensure the highest protection of confidential and other sensitive information.
Amendment 134 #
Proposal for a regulation 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 135 #
Proposal for a regulation Recital 21 (21) No later than t
Amendment 136 #
Proposal for a regulation Recital 21 (21) No later than t
Amendment 137 #
Proposal for a regulation 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 138 #
Proposal for a regulation Recital 22 Amendment 139 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct
Amendment 140 #
Proposal for a regulation 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 order including, among others, strategic interests, enabling key technologies, strategic assets, strategic and sensitive data, etc..
Amendment 141 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework of minimum requirements for the screening by the Member States
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States
Amendment 144 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. 'foreign direct investment' means investments of any kind by a direct foreign investor aiming to establish or to maintain lasting and direct links between the direct 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 145 #
Proposal for a regulation 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 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
Amendment 146 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a
Amendment 147 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2.
Amendment 148 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. 'screening' means a procedure allowing to assess, investigate, analyse authorise, condition, prohibit or unwind foreign direct investments;
Amendment 149 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6.
Amendment 150 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds
Amendment 151 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of national security
Amendment 152 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 153 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 154 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 155 #
Proposal for a regulation 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
Amendment 156 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may
Amendment 157 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 158 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may scr
Amendment 159 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that are
Amendment 160 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 161 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 162 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that are likely to affect pro
Amendment 163 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 164 #
Proposal for a regulation 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) 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 166 #
Proposal for a regulation 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 c
Amendment 167 #
Proposal for a regulation 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 job losses and environmental risks, critical infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 168 #
Proposal for a regulation 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 169 #
Proposal for a regulation Article 4 – title 4 Factors that
Amendment 170 #
Proposal for a regulation 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 171 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part In screening a foreign direct investment on the grounds of national security
Amendment 172 #
Proposal for a regulation 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
Amendment 173 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 –
Amendment 174 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, energy security, transport, water, communications, public health provision, data storage, space or financial infrastructure, as well as sensitive facilities
Amendment 175 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure,
Amendment 176 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including energy, transport, communications, media, health services, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 177 #
– critical and strategic infrastructure, including energy, transport, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 178 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure, including defence, energy, transport, communications, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 179 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 – critical infrastructure,
Amendment 180 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 Amendment 181 #
Proposal for a regulation 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 182 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace, defence, space or nuclear technology;
Amendment 183 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 – critical and strategic technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology;
Amendment 184 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 – the security of supply of critical inputs in order to ensure the functioning of EU value chains based on strategic industries; or
Amendment 185 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 – the security of supply of critical inputs
Amendment 186 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 – the security of supply of critical inputs and critical raw materials,; or
Amendment 187 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 a (new) – the role that the undertaking plays in collaborative research and development projects and the access to technology, IPR and know-how associated with the research and development programme;
Amendment 188 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 a (new) – the security of supply of food, including agricultural land and other agricultural assets;
Amendment 189 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 – access to sensitive national and European security and defence information or the ability to control sensitive security information.
Amendment 190 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 – access to sensitive data and information or the ability to control sensitive data and information.
Amendment 191 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) – the defence industry, including undertakings in the supply chain for defence products and technologies, the risk of military technology being transferred to a country that poses a global or regional security threat including links to terrorism.
Amendment 192 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) – jobs and labour market.
Amendment 193 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 b (new) – defence infrastructure such as military bases and foreign direct investment in land and real estate that may affect use of that defence infrastructure.
Amendment 194 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 b (new) – social services such as health, education, or social security.
Amendment 195 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 c (new) – access to sensitive personal data of European citizens such as health data and private and public life as well as the ability to control sensitive public and private life such as through news providers, social networks and messaging services.
Amendment 196 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 c (new) – consumer protection.
Amendment 197 #
Proposal for a regulation 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 198 #
Proposal for a regulation 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 199 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country, including through significant funding. They may also take into consideration the lack of reciprocity on the part of an investor’s country of origin, in particular as regards the extent to which public procurement there is open to EU undertakings.
Amendment 200 #
Proposal for a regulation 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 whether the foreign investor is controlled
Amendment 201 #
Proposal for a regulation 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 whether the foreign investor is directly or indirectly controlled by the government of a third country
Amendment 202 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the
Amendment 203 #
Proposal for a regulation 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 204 #
Proposal for a regulation 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
Amendment 205 #
Proposal for a regulation 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 whether the foreign investor is significantly directly or indirectly controlled by the government or state bodies of a third country, including through significant funding.
Amendment 206 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 207 #
Proposal for a regulation 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 whether the direct foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 208 #
Proposal for a regulation Article 4 – paragraph 2 a (new) Amendment 209 #
Proposal for a regulation Article 4 – paragraph 2 a (new) In determining whether foreign direct investment in the defence industry is likely to affects security, the Member States and the Commission may take geopolitical factors into account including when foreign direct investment in the defence sector originates from an undertaking in a NATO member country.
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 1 Member States
Amendment 211 #
Proposal for a regulation 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 212 #
Proposal for a regulation Article 6 – title Amendment 213 #
Proposal for a regulation 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 214 #
Proposal for a regulation Article 6 – paragraph 1 1. Member States' screening mechanisms shall be transparent and
Amendment 215 #
Proposal for a regulation 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 regarding the screening and the screening decisions.
Amendment 216 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for issuing screening decisions and make them publicly available. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the opinion of the Commission referred to in Articles 8 and 9.
Amendment 217 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States
Amendment 218 #
Proposal for a regulation 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 of the Commission referred to in Articles 8 and 9.
Amendment 219 #
Proposal for a regulation Article 6 – paragraph 3 3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be highly protected.
Amendment 220 #
Proposal for a regulation Article 6 – paragraph 4 4.
Amendment 221 #
Proposal for a regulation 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 222 #
Proposal for a regulation Article 7 – title 7 Notification by Member States of screening mechanisms and
Amendment 223 #
Proposal for a regulation Article 7 – title Notification by Member States of screening mechanisms and
Amendment 224 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall notify to the Commission their existing screening mechanisms by […] (
Amendment 225 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States shall notify to the Commission their existing screening mechanisms by […] (
Amendment 226 #
Proposal for a regulation Article 7 – paragraph 1 1. Member States
Amendment 227 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. By ... [3 years after the entry into force of this Regulation], and every five years thereafter, Member States that maintain screening mechanisms shall provide the Commission with a
Amendment 228 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States that maintain screening mechanisms shall provide the Commission with a
Amendment 229 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States
Amendment 230 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States that maintain screening mechanisms shall provide the Commission with a
Amendment 231 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States that maintain screening mechanisms
Amendment 232 #
Proposal for a regulation Article 7 – paragraph 2 – point a Amendment 233 #
Proposal for a regulation Article 7 – paragraph 2 – point b Amendment 234 #
Proposal for a regulation Article 7 – paragraph 2 – point c Amendment 235 #
Proposal for a regulation Article 7 – paragraph 2 – point d a (new) (da) specific cases and public interests that motivated the activation of the screening mechanisms.
Amendment 236 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 237 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall provide the Commission with a
Amendment 238 #
Proposal for a regulation 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
Amendment 239 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall provide the Commission with a
Amendment 240 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms
Amendment 241 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the Commission
Amendment 242 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the Commission and
Amendment 243 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 244 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the Commission and
Amendment 245 #
Proposal for a regulation 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 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 comments to the Member State where the foreign direct investment is planned or has been completed. The comments
Amendment 247 #
Proposal for a regulation 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
Amendment 248 #
Proposal for a regulation Article 8 – paragraph 2 2. Where a Member State duly considers that a foreign direct investment
Amendment 249 #
Proposal for a regulation 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 comments to the Member State where the foreign direct investment is planned or has already been completed. The comments shall be forwarded to the Commission in parallel.
Amendment 250 #
Proposal for a regulation 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
Amendment 251 #
Proposal for a regulation 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 may issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinion irrespective of whether other Member States have provided comments. The Commission shall systematically assess the market compatibility of FDI operations notified by the Member States, including screening of the degree of state influence and state aid.
Amendment 252 #
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in
Amendment 253 #
Proposal for a regulation 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
Amendment 254 #
Proposal for a regulation 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 may issue an opinion addressed to the Member State maintaining a screening mechanism in which the foreign direct investment is planned
Amendment 255 #
Proposal for a regulation 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
Amendment 256 #
Proposal for a regulation 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 may issue
Amendment 257 #
Proposal for a regulation Article 8 – paragraph 3 3. Where the Commission duly considers that a foreign direct investment undergoing screening in a Member State is likely to affect security or public order in one or more Member States, it may
Amendment 258 #
Proposal for a regulation 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 may issue an opinion addressed to the Member State in which the foreign direct investment is planned
Amendment 259 #
Proposal for a regulation 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 3. The European Commission or a Member State can ask to discuss the issue in the framework of the Coordination Group.
Amendment 260 #
Proposal for a regulation 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
Amendment 261 #
Proposal for a regulation 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
Amendment 262 #
Proposal for a regulation 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
Amendment 263 #
Proposal for a regulation Article 8 – paragraph 5 Amendment 264 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments pursuant to paragraphs 2
Amendment 265 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments 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 within a reasonable period of time,
Amendment 266 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned
Amendment 267 #
Proposal for a regulation Article 8 – paragraph 6 6. The Member States where the foreign direct investment is planned
Amendment 268 #
Proposal for a regulation Article 8 – paragraph 6 6. The screening Member Sta
Amendment 269 #
Proposal for a regulation 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
Amendment 270 #
Proposal for a regulation Article 8 – paragraph 6 6. The Member States where the foreign direct investment is planned
Amendment 271 #
Proposal for a regulation 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 272 #
Proposal for a regulation Article 8 – paragraph 7 7. Cooperation between Member States pursuant to this Article shall take place through the contact points referred to in Article 12 and to the Coordination Group as defined in Article 12a.
Amendment 273 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7a. In order to give certainty to the investors, the cooperation mechanism should be usually applied to the planned investments. The cooperation mechanism could be activated on completed investments only in exceptional cases or if exist the reasonable doubt that changes to one or more of the points listed in Article 10 paragraph 2 have occurred.
Amendment 274 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7a. Member States and the Commission shall take all necessary measures to ensure the protection of confidential and other sensitive information, including commercially- sensitive information.
Amendment 275 #
Proposal for a regulation Article 9 – title 9 Framework for
Amendment 276 #
Proposal for a regulation Article 9 – title 9 Framework for Commission scr
Amendment 278 #
Proposal for a regulation Article 9 – title 9
Amendment 279 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission or more than one Member State consider
Amendment 280 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union
Amendment 281 #
Proposal for a regulation 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 may issue an opinion addressed to the Member State maintaining a screening mechanism where the foreign direct investment is planned
Amendment 282 #
Proposal for a regulation 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 may issue a
Amendment 283 #
Proposal for a regulation 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
Amendment 284 #
Proposal for a regulation 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 may issue
Amendment 285 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission duly considers that a foreign direct investment is likely to significantly 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
Amendment 286 #
Proposal for a regulation 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 287 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. Where a Member State considers that a foreign direct investment is likely to affect projects or programmes of Union interest, it shall ask the Commission shall issue an opinion addressed to the Member State in which the foreign direct investment is planned.
Amendment 288 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed
Amendment 289 #
Proposal for a regulation 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
Amendment 290 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned
Amendment 291 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned
Amendment 292 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall
Amendment 293 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall
Amendment 294 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned within a reasonable period of time,
Amendment 295 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission
Amendment 296 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States. Where the Commission has provided an opinion under this article, it shall inform the European Parliament as part of a structured dialogue on foreign direct investment that affects security and public order.
Amendment 297 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States. Member States and the Commission shall take all necessary measures to ensure the protection of confidential and other sensitive information, including commercially- sensitive information.
Amendment 298 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States with the permission of the Member State where the foreign direct investment is planned or has been completed in strict compliance with applicable rules of notification of EC decisions.
Amendment 299 #
Proposal for a regulation Article 9 – paragraph 4 4. The
Amendment 300 #
Proposal for a regulation Article 9 – paragraph 4 4. The
Amendment 301 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 302 #
Proposal for a regulation Article 9 – paragraph 5 5. The Commission's opinion shall not be binding on the Member States where the foreign direct investment is planned or has been completed
Amendment 303 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned or has been completed shall take
Amendment 304 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned
Amendment 305 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned
Amendment 306 #
Proposal for a regulation 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 307 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States or by the Coordination Group pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay.
Amendment 308 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that
Amendment 309 #
Proposal for a regulation Article 10 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 of this Article
Amendment 310 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The ownership structure of the foreign investor and of the undertaking in
Amendment 311 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The ownership structure of the direct 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 312 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) The value of the foreign direct investment and a projection of its sectoral impact;
Amendment 313 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services and business operations of the direct foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ;
Amendment 314 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 315 #
Proposal for a regulation Article 10 – paragraph 2 – point d (d) The Member States in which the direct foreign investor and the undertaking in which the foreign direct investment is planned or has been completed conduct business operations;
Amendment 316 #
Proposal for a regulation Article 10 – paragraph 2 – point d (d) The Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned
Amendment 317 #
Proposal for a regulation 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 318 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the protection of
Amendment 319 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the highest protection of confidential information acquired in application of this Regulation.
Amendment 320 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involve these FDI screening contact points on all issues related to implementation of this Regulation. The Commission and the Member States shall meet regularly to discuss best practice in investment screening and coordinate on factors for the purposes of Article 4 with a view to harmonising those factors.
Amendment 321 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involve these FDI screening contact points and the Coordination Group on all issues related to implementation of this Regulation.
Amendment 322 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State, regardless of whether it maintains a screening mechanism, shall appoint a foreign direct investment screening contact point ('FDI screening contact point')
Amendment 323 #
Proposal for a regulation 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. Each Member State shall appoint a representative/expert to this group. 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. At the request of Member States the Commission may put on the agenda investments planned in Member States that do not maintain a screening mechanism. 4. 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 324 #
Proposal for a regulation Article 12 a (new) Article 12a Coordination Group The European Commission will as soon as possible facilitate the creation of a Coordination Group dedicated to inward foreign direct investment, including all issues within the scope of the proposed Regulation. The Group will be run by the Commission and composed of representatives of Member States. It could be active in particular in the following areas: identify sectors and assets that have strategic implications from a security, public order and/or control of critical assets point of view at national level, cross-border level (e.g. assets situated in one Member State that may have strategic implications on another Member State) or at EU level (building on the list of projects or programmes of Union interest); exchange information and analysis on foreign direct investments, including motives for investment, geographic origin and sources of financing (public or private); discuss issues of common concern, including level playing field issues such as subsidies and other practices by third countries facilitating strategic acquisitions, and reasons preventing European investors from acquiring and maintaining critical European technologies and inputs; share best practices and lessons learned among Member States for screening foreign direct investment; discuss the opportunity of cooperation with third countries with shared interests and shared challenges in respect of the impact of foreign direct investment on security and public order; promote convergence in policies, while respecting Member States' autonomy in choosing whether to screen foreign direct investment or not; further reflect on the means to protect European strategic assets, including through an EU-level screening mechanism; following the entry into force of the proposed Regulation, consider any question relating to its application.
Amendment 325 #
Proposal for a regulation 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 326 #
Proposal for a regulation 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 327 #
Proposal for a regulation 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
Amendment 328 #
Proposal for a regulation 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
Amendment 329 #
Proposal for a regulation 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 330 #
Proposal for a regulation Article 14 – paragraph 1 This Regulation shall enter into force six mon
Amendment 331 #
Proposal for a regulation 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.
Amendment 332 #
Proposal for a regulation Annex I – indent 6 – paragraph 1 a (new) European Defence Industrial Development Programme: Proposal for a Regulation of the European Parliament and of the Council establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry (COM(2017)294).
Amendment 333 #
Proposal for a regulation 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.
Amendment 334 #
Proposal for a regulation Annex I – indent 6 a (new) – European Defence Fund: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Launching the European Defence Fund (COM (2017)0295).
Amendment 335 #
Proposal for a regulation Annex I – indent 6 b (new) – Permanent structured cooperation (PESCO): Council Decision establishing Permanent Structured Cooperation (PESCO) and determining the list of Participating Member States.
Amendment 59 #
Proposal for a regulation Recital 1 (1) Foreign direct investment should contribute
Amendment 60 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating jobs and economies of scale, bringing in capital, technologies,
Amendment 61 #
Proposal for a regulation Recital 1 a (new) (1a) The decision whether to operate a Screening Mechanism on the grounds of public order and security is a Member State competence.
Amendment 62 #
Proposal for a regulation Recital 1 b (new) (1b) Networks already exist which allow Member States to protect their public order and security interests through diplomatic and intelligence channels.
Amendment 63 #
Proposal for a regulation Recital 2 (2) The Union and the Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union ('TFEU') and embedded in the international commitments undertaken by the Union and
Amendment 64 #
Proposal for a regulation 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
Amendment 65 #
Proposal for a regulation 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
Amendment 66 #
Proposal for a regulation 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,
Amendment 67 #
Proposal for a regulation 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
Amendment 68 #
Proposal for a regulation Recital 4 (4) Several Member States have justifiably 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 security. 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 69 #
Proposal for a regulation 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 70 #
Proposal for a regulation Recital 5 (5) There is currently no comprehensive framework at EU-level for the screening of foreign direct investments
Amendment 71 #
Proposal for a regulation 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) (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 73 #
Proposal for a regulation Recital 6 (6) Foreign direct investment falls within the common commercial policy. In accordance with Article 3(1)(e) TFEU, the European Union has exclusive competence with respect to the common commercial policy, while respecting the exclusive competence of its Member States to safeguard their national security in relation to foreign direct investment.
Amendment 74 #
Proposal for a regulation 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) Amendment 76 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order including, among others, strategic interests, enabling key technologies, strategic assets, strategic and sensitive data etc.. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security.
Amendment 77 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to en
Amendment 78 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure
Amendment 79 #
Proposal for a regulation Recital 7 a (new) (7a) In assessing the mechanism for controlling foreign direct investment, care should be taken to verify the proper functioning of the internal market through measures to prevent downward competition between companies and between Member States regarding tax and remuneration and reward socially responsible company purchasing policies that ensure sustained employment and decent pay.
Amendment 80 #
Proposal for a regulation 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 for Member States to screen foreign direct investments on grounds of security and public order
Amendment 81 #
Proposal for a regulation 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 for Member States to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances. The nationalization of one or more companies should be considered where its activities constitute risks to environmental standards and working conditions, especially when the sectors concerned are of strategic importance.
Amendment 82 #
Proposal for a regulation 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
Amendment 83 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should first and foremost 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 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 84 #
Proposal for a regulation 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,
Amendment 85 #
Proposal for a regulation Recital 8 a (new) (8a) It is necessary to ensure that the European industrial sector can compete on a fair and equal footing at global level, ensuring reciprocity also in public procurement and, more generally, in all trade relations. These reciprocal conditions must also be guaranteed with regard to direct investments inside the EU.
Amendment 86 #
Proposal for a regulation Recital 9 Amendment 87 #
Proposal for a regulation Recital 9 (9)
Amendment 88 #
Proposal for a regulation Recital 10 (10) Member States should be able to take the necessary measures
Amendment 89 #
Proposal for a regulation Recital 10 (10) Member States should
Amendment 90 #
Proposal for a regulation 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
Amendment 91 #
Proposal for a regulation 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
Amendment 92 #
Proposal for a regulation 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
Amendment 93 #
Proposal for a regulation 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, implications for national defence and the European defence industry, critical 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.
Amendment 94 #
Proposal for a regulation 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. Member States and the Commission should also take into account the lack of reciprocity on the part of an investor’s country of origin, in particular as regards the extent to which public procurement there is open to EU undertakings.
Amendment 95 #
Proposal for a regulation 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, strategic assets, technologies, including key enabling technologies, strategic and sensitive data, strategic interests, 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
Amendment 96 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security or
Amendment 97 #
Proposal for a regulation 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
Amendment 98 #
Proposal for a regulation 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 jobs and environmental risks, 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.
Amendment 99 #
(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 or sensitive information, which are essential for security or the maintenance of public order
source: 618.211
2018/04/12
INTA
401 amendments...
Amendment 100 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty for investors and to ensure
Amendment 101 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This
Amendment 102 #
Proposal for a regulation Recital 7 a (new) (7 a) The two major world economic powers, China and the United States, differ from the EU in that they have a system of FDI regulation, which does not in any way affect the volume of investment they receive.
Amendment 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation 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
Amendment 105 #
Proposal for a regulation 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 openness of the investment environment of the Union and 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 106 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with
Amendment 107 #
Proposal for a regulation 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 for Member States to
Amendment 108 #
Proposal for a regulation Recital 8 (8) The framework for the screening of foreign direct investment sh
Amendment 109 #
Proposal for a regulation Recital 8 a (new) (8 a) Member States that do not yet have a FDI screening mechanism should at least have a system of prior declarations for foreign investment projects.
Amendment 110 #
Proposal for a regulation Recital 9 (9) A
Amendment 111 #
Proposal for a regulation Recital 9 (9)
Amendment 112 #
Proposal for a regulation Recital 9 (9)
Amendment 113 #
Proposal for a regulation Recital 9 (9)
Amendment 114 #
Proposal for a regulation Recital 9 (9) A broad range of investments which establish or maintain lasting and direct and indirect links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 115 #
Proposal for a regulation 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 116 #
Proposal for a regulation Recital 9 (9) A
Amendment 117 #
Proposal for a regulation 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 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. Hence, screening mechanisms should not be applied against investments originating from other Member States.
Amendment 118 #
Proposal for a regulation Recital 10 (10) Member States
Amendment 119 #
Proposal for a regulation Recital 10 (10) Member States
Amendment 120 #
Proposal for a regulation 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 121 #
Proposal for a regulation Recital 10 a (new) (10 a) In order to ensure the effectiveness of this Regulation and the screening mechanisms of the Member States, the Commission shall promote, in trade and investment agreements concluded with third countries, a commitment from third countries to cooperate in the framework of this Regulation.
Amendment 122 #
Proposal for a regulation 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
Amendment 123 #
Proposal for a regulation 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 124 #
Proposal for a regulation 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
Amendment 125 #
Proposal for a regulation Recital 12 (12) In determining whether a foreign direct investment may affect security or public order or the Union’s strategic autonomy, Member States and the Commission sh
Amendment 126 #
Proposal for a regulation 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 127 #
Proposal for a regulation 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, public services and the media, 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
Amendment 128 #
Proposal for a regulation 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 129 #
Proposal for a regulation 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, services of general interest and services of general economic interest, 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
Amendment 130 #
Proposal for a regulation 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 and strategic infrastructure, technologies, including key enabling technologies, military defence, borders infrastructures 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.
Amendment 131 #
Proposal for a regulation 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 job losses, social risks and environmental standards, 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.
Amendment 132 #
Proposal for a regulation 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, including in its economic dimension, 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.
Amendment 133 #
Proposal for a regulation 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,
Amendment 134 #
Proposal for a regulation Recital 12 a (new) (12 a) It should be possible for Member States and the Commission to take into account whether the foreign investment may have adverse effects on macroeconomic stability and economic, social and territorial cohesion and/or undermines the shared values in respect of services of general interest and services of general economic interest, including in particular a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in accordance with Protocol No 26 on services of general interest, annexed to the of the Treaty on the Functioning of the European Union;
Amendment 135 #
Proposal for a regulation Recital 12 a (new) (12 a) It is essential that the principle of reciprocity should prevail in international economic relations and especially in the context of FDI, particularly when it comes to FDI from third countries that do not have a market economy.
Amendment 136 #
Proposal for a regulation 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 reasonable timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions, provided that the legal system of the Member State concerned is not called into question, and that highly sensitive information is not made publicly available.
Amendment 137 #
Proposal for a regulation 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 of and, minimum qualitative requirements for, data to be provided by Member States to improve the reliability and comparability of data sets on foreign direct investment and the possibility for foreign investors to seek judicial redress of screening decisions.
Amendment 138 #
Proposal for a regulation 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. It is also appropriate that Member States allow trade unions to request the activation of their national screening mechanism.
Amendment 139 #
Proposal for a regulation 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 the
Amendment 140 #
Proposal for a regulation 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
Amendment 141 #
Proposal for a regulation 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. Member States should be able to provide comments to a Member State in which the investment is planned or has been completed,
Amendment 142 #
Proposal for a regulation Recital 14 (14) A
Amendment 143 #
Proposal for a regulation Recital 14 (14) A coordination 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. 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
Amendment 144 #
Proposal for a regulation 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. Member States should be able to provide comments to a Member State in which the investment is planned
Amendment 145 #
Proposal for a regulation 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 146 #
Proposal for a regulation 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. Member States should be able to provide comments to a Member State in which the investment is planned
Amendment 147 #
Proposal for a regulation 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 economic and national security or public order of other Member States should be set up. Member States should be able to
Amendment 148 #
Proposal for a regulation 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. 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
Amendment 149 #
Proposal for a regulation 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
Amendment 150 #
Proposal for a regulation Recital 14 a (new) (14 a) For transparency on foreign investment in the Union to be effective, it is essential that the final investor should be identified.
Amendment 151 #
Proposal for a regulation 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 152 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission
Amendment 153 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should
Amendment 154 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should
Amendment 155 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission sh
Amendment 156 #
Proposal for a regulation 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 and shall be amended through the ordinary legislative procedure.
Amendment 157 #
Proposal for a regulation 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, and critical technologies
Amendment 158 #
Proposal for a regulation Recital 15 (15) Furthermore, the Commission should have the possibility to
Amendment 159 #
Proposal for a regulation Recital 15 a (new) (15 a) It should be possible for the European Parliament to request from the Commission the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission should take utmost account of the European Parliament’s position and should provide an explanation where such requests are denied.
Amendment 160 #
Proposal for a regulation Recital 15 b (new) (15 b) At the request of economic operators such as companies, federations or the social partners, such as trade unions and civil society organisations, Members of the European Parliament must help safeguard the Union’s interests by having the power to require the Commission to issue an opinion on a foreign direct investment to a Member State. With due regard for the confidential nature of such opinion outside Member States, the European Parliament must obtain confirmation from the Commission that such an opinion has been issued.
Amendment 161 #
Proposal for a regulation 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,
Amendment 162 #
Proposal for a regulation 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
Amendment 163 #
Proposal for a regulation 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
Amendment 164 #
Proposal for a regulation 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 economic and Union security or public order, the Commission sh
Amendment 165 #
Proposal for a regulation 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
Amendment 166 #
Proposal for a regulation 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 address an opinion to the Member States in which such investment is planned
Amendment 167 #
Proposal for a regulation 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 address an opinion to the Member States in which such investment is planned
Amendment 168 #
Proposal for a regulation Recital 16 a (new) (16 a) It is essential that the control mechanism take into account the public character of the foreign investor or the public support it receives.
Amendment 169 #
Proposal for a regulation Recital 16 b (new) (16 b) Provision should be made to cover exceptional cases in which the Commission and at least one third of the Member States believe that a foreign direct investment is likely to affect their security or public order or the Union's strategic autonomy, or the interests of the Union. The Member State in which the foreign direct investment is planned or has been completed has the final decision, but must, in cooperation with the Commission and the Member States concerned, find a solution other than simply authorising the investment.
Amendment 170 #
Proposal for a regulation 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
Amendment 171 #
Proposal for a regulation 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
Amendment 172 #
Proposal for a regulation Recital 17 (17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission and improve the reliability and comparability of data provided by Member States, 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 should also report on the foreign direct investments that took place in their territory, on the basis of the information available to them.
Amendment 173 #
Proposal for a regulation 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 should also report on the foreign direct investments that took place in their territory
Amendment 174 #
Proposal for a regulation 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 should also report on the foreign direct investments that took place in their territory, their borders, on the basis of
Amendment 175 #
Proposal for a regulation 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.
Amendment 176 #
Proposal for a regulation Recital 18 (18) To that end, it is also important, with the effectiveness of the mechanism in mind, to ensure a
Amendment 177 #
Proposal for a regulation Recital 18 (18) To that end, it is also important, with the effectiveness of the mechanism in mind, to ensure a
Amendment 178 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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 of the foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries. Member States should have the right to refuse to disclose information that would be contrary to their essential security interests.
Amendment 179 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a
Amendment 180 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 181 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 182 #
Proposal for a regulation Recital 18 (18) To that end, it is also important to ensure a minimum 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
Amendment 183 #
Proposal for a regulation Recital 18 a (new) (18 a) Member States shall, in accordance with Article 346 TFEU, not be obliged to disclose information that it considers contrary to the essential interest of its security as part of any obligation in this Regulation. The Commission and the Member States shall refrain from requesting such information from a Member State.
Amendment 184 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State, as well as through the establishment of an Investment Screening Coordination Group. The Group should be formed of representatives of each Member State and may serve as a platform to exchange views and information, to assist each other on foreign direct investment and to discuss issues pertaining to the Union inward foreign direct investment policy.
Amendment 185 #
Proposal for a regulation Recital 19 (19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of
Amendment 186 #
Proposal for a regulation Recital 20 (20) Member States and the Commission should take all necessary measures to ensure the protection of confidential and other sensitive information particularly when trade secrets are concerned.
Amendment 187 #
Proposal for a regulation 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 188 #
Proposal for a regulation 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 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. At any event, the Commission should submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall give the European Parliament and the Council reasons for its decision.
Amendment 189 #
Proposal for a regulation 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. This Regulation should enter into force on ... [six months after the day of publication on the Official Journal of the European Union] in order to allow Member States to amend their national screening mechanisms where necessary and appropriate.
Amendment 190 #
Proposal for a regulation 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 191 #
Proposal for a regulation Recital 21 (21) No later than
Amendment 192 #
Proposal for a regulation Recital 21 a (new) (21 a) In order to amend or supplement non-essential elements of the provisions of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect 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-Making. 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.
Amendment 193 #
Proposal for a regulation Recital 22 (22) The implementation of this Regulation by the Union and the Member States should comply with the relevant requirements for the imposition of restrictive measures based on grounds of security or public order stipulated in EU law, in the Agreement on the European Economic Area (EEA Agreement), in the WTO Agreement (including in particular Article XIV(a) and Article XIV bis of the GATS) and in other trade and investment agreements or arrangements to which the Union or Member States are parties. Special consideration should be had to ensure that the free flow of capital in the internal market is not restricted for members of the European Economic Area.
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States
Amendment 195 #
Proposal for a regulation Article premier – paragraph 1 This Regulation establishes a framework for the screening, a monitoring procedure applied ex-ante or ex-post, by the Member States and the Commission, of foreign direct investments in the Union on the grounds of security or public order or to combat tax evasion and protect the essential interests of the Member States and the Union.
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States
Amendment 197 #
Proposal for a regulation Article premier – 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 order, with due regard for Article 346 TFEU.
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States and
Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation establishes a framework for the screening by the Member States and the scrutiny of Commission of foreign direct investments in the Union on the grounds of economic security and Union security or public order.
Amendment 200 #
Proposal for a regulation 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 order, including the defence sector.
Amendment 201 #
Proposal for a regulation Article 1 a (new) Article 1 a Considering the fact that several Member States have questioned the legal basis of the proposal for a regulation within the Council, since the exclusive competence with respect to the common commercial policy to which the Commission refers may be in conflict with the Member States’ competence regarding national security, public order and possibly other areas, the European Parliament urges to justify the legal base for the proposal, and respond to the question and concerns raised by the Member States appropriately.
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. '
Amendment 203 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. '
Amendment 204 #
Proposal for a regulation 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 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
Amendment 205 #
Proposal for a regulation 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
Amendment 206 #
Proposal for a regulation 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 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,
Amendment 207 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) 1 a. "foreign government-controlled transaction" means any foreign direct investment that could result in the control of any legal or moral person engaged in interstate commerce by a foreign government or an entity controlled by or acting on behalf of a foreign government
Amendment 208 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural or legal person of a third country or an undertaking of a third country or a national, state institution intending to make or having already made a foreign direct investment, whether they are the end-investor or an intermediary;
Amendment 209 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. '
Amendment 210 #
Proposal for a regulation 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 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2. 'foreign investor' means a natural person having the nationality of a third country or an undertaking of a third country intending to make or having made a foreign direct investment;
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 3. 'screening' means a procedure allowing to assess, investigate, authorise, condition, prohibit foreign direct investments; We should have in mind that only Member States have the unique authority to investigate, authorise, prohibit or unwind a foreign direct investment
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 4. 'screening mechanism' means an instrument of general application, such as a law
Amendment 214 #
Proposal for a regulation Article 3 – title Amendment 215 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to
Amendment 216 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 217 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments
Amendment 218 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 219 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may 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, without prejudice to the other rules applicable.
Amendment 220 #
Proposal for a regulation 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 221 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order,
Amendment 222 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 223 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States
Amendment 224 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order,
Amendment 225 #
Proposal for a regulation 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 226 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 227 #
Proposal for a regulation Article 3 – paragraph 2 2.
Amendment 228 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may
Amendment 229 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 230 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of Union interest
Amendment 231 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 232 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission may solely screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 233 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 234 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission
Amendment 235 #
Proposal for a regulation Article 3 – paragraph 2 2. The Commission m
Amendment 236 #
Proposal for a regulation 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 237 #
Proposal for a regulation 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
Amendment 238 #
Proposal for a regulation 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 job losses, environmental standards, social risks, critical infrastructure, critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 239 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve
Amendment 240 #
Proposal for a regulation 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 under current and future Multiannual Financial Frameworks, or which are covered by Union legislation regarding critical infrastructure, critical technologies or critical inputs. A
Amendment 241 #
Proposal for a regulation 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 and non- exhaustive list of projects or programmes of Union interest is included in Annex 1.
Amendment 242 #
Proposal for a regulation 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, and critical technologies
Amendment 243 #
Proposal for a regulation Article 3 – paragraph 3 3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve
Amendment 244 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. Without prejudice to Article 346 TFEU, Member States shall not use screening mechanisms to screen investments from investors from another Member State, except when exercised as a measure to avoid circumvention according to Article 5.
Amendment 245 #
Proposal for a regulation Article 3 – paragraph 3 a (new) 3 a. Relevant stakeholders may report to the Commission through appropriate channels any concern or information on critical investment in a Member State and suggest its screening.
Amendment 246 #
Proposal for a regulation 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 3 – paragraph 3 a (new) 3 a. The Commission is empowered to adopt delegated acts in accordance with Article 13a in order to amend projects and programmes listed in Annex I.
Amendment 248 #
Proposal for a regulation Article 4 – title Factors that
Amendment 249 #
Proposal for a regulation Article 4 – title Factors that may be taken into consideration in the
Amendment 250 #
Proposal for a regulation 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
Amendment 251 #
Proposal for a regulation 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
Amendment 252 #
Proposal for a regulation Article 4 – paragraph 1 – introductory part In screening a foreign direct investment on the grounds of security or public order, Member States
Amendment 253 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, transport
Amendment 254 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure,
Amendment 255 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, whether physical or virtual, including energy, transport, water distribution, media, communications, data storage, space or financial infrastructure,
Amendment 256 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, transport
Amendment 257 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy
Amendment 258 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, transport, communications,
Amendment 259 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, critical materials and raw materials, transport, communications, data storage, aerospace or financial infrastructure, historical and cultural heritage, services of general interest, as well as sensitive facilities
Amendment 260 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy
Amendment 261 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure,
Amendment 262 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, water, transport, communications and the media, public health, research, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 263 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, media, transport, communications, data storage, space or financial infrastructure, infrastructure for elections as well as sensitive facilities;
Amendment 264 #
Proposal for a regulation Article 4 – paragraph 1 – indent 1 - critical infrastructure, including energy, transport, communications, mass media channels, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 265 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical (high-tech) technologies, including artificial intelligence,
Amendment 266 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical
Amendment 267 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, nanotechnologies, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace or nuclear technology, or any other strategically important state-of-the-art technology;
Amendment 268 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, and any security and defence infrastructure and related supply chain;
Amendment 269 #
Proposal for a regulation 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 270 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, medical technologies, technologies with potential dual use applications, cybersecurity, defence, space or nuclear technology;
Amendment 271 #
Proposal for a regulation Article 4 – paragraph 1 – indent 2 - critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, research facilities;
Amendment 272 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 Amendment 273 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 - the security of supply of critical inputs
Amendment 274 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 - the s
Amendment 275 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 - the security and continuity of supply of critical inputs of, inter alia, rare materials, water, energy and agriculture; or
Amendment 276 #
Proposal for a regulation Article 4 – paragraph 1 – indent 3 - the security of supply of critical inputs, agriculture and rural land; or
Amendment 277 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 - access to sensitive information or the ability to control sensitive information related to the sectors, structures and technologies referred to in this Article.
Amendment 278 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 - access to sensitive information or the ability to control sensitive information including sensitive personal data of European citizens.
Amendment 279 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 - access to sensitive information or the ability to control sensitive information, infrastructure for analysis of “big data” and media.
Amendment 280 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 - access to sensitive data and information or the ability to control sensitive information.
Amendment 281 #
Proposal for a regulation Article 4 – paragraph 1 – indent 4 a (new) - personal, cultural and recreational services, including audio-visual, health, education, social, cultural heritage and sporting services.
Amendment 282 #
Proposal for a regulation Article 4 – paragraph 1 a (new) (new) The screening on the grounds of security, and public order and the defence of the strategic autonomy of the Union shall include the assessment of: (a) the risks of loss of European control on critical infrastructure and critical technologies in any Member State; (b) the degree of reciprocity in openness to foreign direct investments; (c) the extent to which a foreign direct investment is part of a state-led industrial policy strategy in support of strategic national interests; (d) whether the investment originates from or is directly or indirectly linked to countries subject to EU sanctions, or jurisdictions designated as tax havens in the Council Conclusions of 5 December 2017 on the EU list of non- cooperative jurisdictions for tax purposes. The Commission may take into account whether the foreign investor: (a) is controlled by the government of a third country through significant funding, including subsidies, preferential tax treatment, export credits, investments by state funds, executive boards composed of state or security forces representatives, etc. Effective control may also arise through the use of extended credit and lending by the government of a third country or a state-owned financial institution, or any other state-owned or state-controlled enterprise of a third country; (b) receives substantial state aid; (c) respects core labour standards and international agreements on sustainable development and anti-money laundering and -financing of terrorism rules in its global operations.
Amendment 283 #
Proposal for a regulation Article 4 – paragraph 1 a (new) The screening on the grounds of security and public order should include; - The degree of reciprocity in openness to foreign direct investments. - The extent to which a foreign direct investment is part of a state-led industrial policy strategy in support of strategic national interests; whether the investment originates from or are directly or indirectly linked to countries subject to EU sanctions, or jurisdictions designated as tax havens in the Council Conclusions of 5 December 2017 on the EU list of non-cooperative jurisdictions for tax purposes. Furthermore the Commission may take into account whether the foreign investor: - Is controlled by the government of a third country through significant funding, including subsidies, preferential tax treatment, export credits, investments by state funds etc; Effective control may also arise through the use of extended credit and lending by the government of a third country or a state-owned financial institution, or any other state-owned enterprise of a third country; - Receives substantial state aid ; - Respects core labour standards and international agreements on sustainable development in its global operations.
Amendment 284 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission m
Amendment 285 #
Proposal for a regulation Article 4 – paragraph 2 In
Amendment 286 #
Proposal for a regulation 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 whether: (a) the foreign investor is controlled by the government of a third country, including through significant funding; (b) the foreign investment may have adverse effects on macroeconomic stability and economic, social and territorial cohesion; (c) the foreign investment undermines the shared values in respect of services of general interest and services of general economic interest, including in particular a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights in accordance with Protocol No 26 on services of general interest, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.
Amendment 287 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 288 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect economic and Union security or public order, Member States and the Commission
Amendment 289 #
Proposal for a regulation 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 whether the foreign investor is controlled by the government of a third country, including through significant funding, or whether the decision to make the proposed investment complies with market rules.
Amendment 290 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission
Amendment 291 #
Proposal for a regulation 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 whether the foreign investor is directly or indirectly controlled by the government of a third country, including through ownership structure or significant funding.
Amendment 292 #
Proposal for a regulation 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 whether the foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 293 #
Proposal for a regulation Article 4 – paragraph 2 In determining whether a foreign direct investment is likely to affect security or public order, Member States
Amendment 294 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 (new) Particular consideration must be given to whether the investor has already been involved in investment projects threatening the security or the public order of a Member State. Limitations of foreign direct investments must be proportionate to the gravity of the threat duly identified. Restrictions of the freedom of movement of capital shall be exceptional.
Amendment 295 #
Proposal for a regulation Article 4 – paragraph 2 a (new) In scrutinising foreign direct investment the Commission may consider whether reciprocity exists and whether the same sectors in the investors' country of origin have a similar opening.
Amendment 296 #
Proposal for a regulation Article 4 – paragraph 2 a (new) Member States and the Commission shall also consider whether the country where the foreign investor is established is listed in Annex II of this Regulation.
Amendment 297 #
Proposal for a regulation Article 4 a (new) Article 4 a Member States and the Commission shall take account of the impact of direct foreign investments on the strategic autonomy of the Union and its Member States and on the value chain for critical technologies and sectors.
Amendment 298 #
Proposal for a regulation Article 5 – paragraph 1 Member States may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions. These measures may also include situation when ownership structure or other key characteristics of the investor have significantly changed in the period following completion of the foreign direct investment concerned.
Amendment 299 #
Proposal for a regulation 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 5 – paragraph 1 Member States
Amendment 301 #
Proposal for a regulation Article 5 – paragraph 1 Member States
Amendment 302 #
Proposal for a regulation Article 5 – paragraph 1 Member States may maintain,
Amendment 303 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1.The Commission shall carry out an investigation into the most significant barriers to investment abroad encountered by Union investors. 2. Based on the findings of this investigation the Commission shall propose a delegated act within one year of the entry into force of this Regulation listing in Annex II of this Regulation the countries where the most significant barriers are encountered.
Amendment 304 #
Proposal for a regulation Article 5 – paragraph 1 a (new) In order to ensure the effectiveness of this Regulation and the screening mechanisms of the Member States, the Commission shall promote, in trade and investment agreements concluded with third countries, the commitment from third countries to cooperate in the framework of this Regulation.
Amendment 305 #
Proposal for a regulation Article 6 – title Framework for Member States' screening under the Regulation
Amendment 306 #
Proposal for a regulation Article 6 – paragraph 1 1. Member States' screening mechanisms shall be transparent and not discriminate between third countries unless an international agreement with a third country provides for special procedural provisions regarding screening. In particular, Member States shall set out the circumstances triggering the screening, the grounds for screening and the applicable detailed procedural rules.
Amendment 307 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for issuing screening decisions and make them publicly available. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the advisory opinion of the Commission referred to in Articles 8 and 9.
Amendment 308 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for issuing screening decisions and make them publicly available. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the opinion of the Commission referred to in Articles 8 and 9.
Amendment 309 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for
Amendment 310 #
Proposal for a regulation 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
Amendment 311 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall establish timeframes for issuing screening decisions.
Amendment 312 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2 a. Trade unions may be allowed to request to the competent authorities of the Member States the activation of their screening mechanisms.
Amendment 313 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. Trade unions may request that the competent authorities of the Member States activate their screening mechanisms.
Amendment 314 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 315 #
Proposal for a regulation Article 6 – paragraph 3 3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be duly protected, particularly in respect to the protection of trade secrets.
Amendment 316 #
Proposal for a regulation Article 6 – paragraph 3 3.
Amendment 317 #
Proposal for a regulation 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 318 #
Proposal for a regulation Article 6 – paragraph 4 4. Foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities, provided the legal systems of the Member States are not called into question and highly sensitive information is not made publicly available.
Amendment 319 #
Proposal for a regulation Article 6 – paragraph 4 4. Every screening mechanism shall consist in an ex-ante examination and shall lead to a formal authorisation by the relevant Member States. Foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities.
Amendment 320 #
Proposal for a regulation 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 321 #
Proposal for a regulation Article 6 a (new) Article 6 a Members States shall ensure that trade unions and other civil society organisations may require the competent authorities of the Member States and the Commission to activate screening mechanisms.
Amendment 322 #
Proposal for a regulation Article 7 – title Notification by Member States of screening mechanisms and
Amendment 323 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1 a. No Member State shall be obliged to supply information especially when it considers its disclosure contrary to its essential national interests.
Amendment 324 #
Proposal for a regulation 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 325 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States that maintain screening mechanisms shall provide every two years the Commission with a
Amendment 326 #
Proposal for a regulation Article 7 – paragraph 2 – introductory part 2. Member States that maintain screening mechanisms shall provide the Commission
Amendment 327 #
Proposal for a regulation Article 7 – paragraph 2 – point a (a) foreign direct investments screened and undergoing screening, including on projects and programmes of Union interest;
Amendment 328 #
Proposal for a regulation Article 7 – paragraph 2 – point b a (new) (b a) screening decisions regarding projects and programmes of Union interest;
Amendment 329 #
Proposal for a regulation 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 330 #
Proposal for a regulation Article 7 – paragraph 2 – point c a (new) (c a) screening decision subjecting foreign government-controlled transaction
Amendment 331 #
Proposal for a regulation 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,
Amendment 332 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall upon justified request be able to 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 333 #
Proposal for a regulation 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 and external borders, on the basis of information available to them.
Amendment 334 #
Proposal for a regulation 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
Amendment 335 #
Proposal for a regulation Article 7 – paragraph 3 3. Member States that do not maintain screening mechanisms shall provide the Commission
Amendment 336 #
Proposal for a regulation Article 7 – paragraph 3 – point 1 (new) (1) The information shared in the annual report shall be handled as confidential information as provided for in Articles 6 and 11.
Amendment 337 #
Proposal for a regulation Article 7 – paragraph 3 a (new) 3 a. The Member States shall draw up an annual public report outlining the foreign direct investments planned, undergoing screening, or completed within the scope of this regulation, taking account of the confidential nature of some information;
Amendment 338 #
Proposal for a regulation Article 7 a (new) Article 7 a If at least four Member States representing at least 35% of the overall population of the Union have submitted comments indicating that the foreign direct investment planned or completed in another Member State is negatively affecting their security or public order, or if the Commission advises against high risk for the strategic autonomy of the Union, the Member State where the foreign direct investment is planned or completed shall endeavour to propose mitigating measures within three months, reconsider and not authorise such a foreign investment.
Amendment 339 #
Proposal for a regulation 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 340 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the Commission
Amendment 341 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 342 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States
Amendment 343 #
Proposal for a regulation Article 8 – paragraph 1 1. Member States shall inform the Commission
Amendment 344 #
Proposal for a regulation Article 8 – paragraph 1 1. All Member States shall inform the Commission and the
Amendment 345 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1 a. In the event of public competitions conducted under the Union law, paragraphs 2 and 4 of Article 8 shall not apply to the Member States whose companies are among the competitors for the specific asset under sale.
Amendment 346 #
Proposal for a regulation 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
Amendment 347 #
Proposal for a regulation 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 comments to the Member State where the foreign direct investment is planned or has been completed. The comments
Amendment 348 #
Proposal for a regulation 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 comments to the Commission. The Commission shall collect all comments received and share them with the Member State where the foreign direct investment is planned or has been completed
Amendment 349 #
Proposal for a regulation Article 8 – paragraph 2 2. Where a Member State has justified reasons to consider
Amendment 350 #
Proposal for a regulation Article 8 – paragraph 2 2. Where a Member State considers that a foreign direct investment planned
Amendment 351 #
Proposal for a regulation 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
Amendment 352 #
Proposal for a regulation 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
Amendment 353 #
Proposal for a regulation Article 8 – paragraph 2 2. Where a Member State considers upon justification that a foreign direct investment planned
Amendment 354 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 355 #
Proposal for a regulation Article 8 – paragraph 3 3. Where the Commission considers, after examining all the information provided by the relevant Member State, that a foreign direct investment is likely to affect
Amendment 356 #
Proposal for a regulation 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 or the Union’s interest, it m
Amendment 357 #
Proposal for a regulation 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 State
Amendment 358 #
Proposal for a regulation 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 may issue an advisory opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an advisory opinion irrespective of whether other Member States have provided comments. However, it must be guaranteed that the Member States shall have the right to pursue with the foreign investment.
Amendment 359 #
Proposal for a regulation 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 may issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. Such opinion shall also be shared with all other Member States. The Commission may issue an opinion irrespective of whether other Member States have provided comments.
Amendment 360 #
Proposal for a regulation 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 may issue a
Amendment 361 #
Proposal for a regulation 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
Amendment 362 #
Proposal for a regulation Article 8 – paragraph 3 3. Where the Commission considers
Amendment 363 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 364 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 365 #
Proposal for a regulation 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
Amendment 366 #
Proposal for a regulation 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
Amendment 367 #
Proposal for a regulation 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
Amendment 368 #
Proposal for a regulation Article 8 – paragraph 4 4. The Commission
Amendment 369 #
Proposal for a regulation Article 8 – paragraph 4 4.
Amendment 370 #
Proposal for a regulation Article 8 – paragraph 4 – subparagraph 1 (new) On the basis of the comments and opinions provided under paragraphs 2 and 3, the Commission can request additional information as referred to in Article 10, from the Member State where the foreign direct investment is planned or has been completed, if it considers that the investment is likely to threaten national security or public order.
Amendment 371 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments pursuant to paragraphs 2 or opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned
Amendment 372 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments 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
Amendment 373 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments pursuant to paragraphs 2
Amendment 374 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments 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 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.
Amendment 375 #
Proposal for a regulation Article 8 – paragraph 5 5.
Amendment 376 #
Proposal for a regulation Article 8 – paragraph 5 5. Comments 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 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 advisory opinion.
Amendment 377 #
Proposal for a regulation Article 8 – paragraph 5 5.
Amendment 378 #
Proposal for a regulation Article 8 – paragraph 5 – subparagraph 1 (new) Comments pursuant to paragraph 2 and opinions pursuant to paragraph 3 shall be addressed to the Member State where the foreign direct investment is planned or has been completed only, and should not be made publicly available.
Amendment 379 #
Proposal for a regulation Article 8 – paragraph 6 Amendment 380 #
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 3, as well as to comments expressed within the framework of the Investment Screening Coordination Group as referred to in paragraph 4.
Amendment 381 #
Proposal for a regulation 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
Amendment 382 #
Proposal for a regulation Article 8 – paragraph 6 6. The Member States where the foreign direct investment is planned or has been completed shall give
Amendment 383 #
Proposal for a regulation Article 8 – paragraph 6 6. The Member States where the foreign direct investment is planned
Amendment 384 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6 a. If one third of Member States consider, in accordance with paragraphs 1 to 4, that a foreign direct investment would damage their security or public order, the Commission shall mediate between the Member States having issued an opinion and the Member State in which the foreign direct investment is planned or has been completed before a final screening decision is taken. The Member State where the foreign direct investment is planned or has been completed shall take utmost account of the opinions of the other Member States and any opinion of the Commission and provide an explanation to the Commission in case those opinions are not followed in the course of such mediation. Such mediation shall be completed within 25 days following the receipt of the information referred to in paragraph 5.
Amendment 385 #
Proposal for a regulation Article 8 – paragraph 7 7. Cooperation between Member States pursuant to this Article shall take place through the Investment Screening Coordination Group referred to in Article 12a and the contact points referred to in Article 12.
Amendment 386 #
Proposal for a regulation Article 8 – paragraph 7 7. Cooperation between Member States pursuant to this Article shall take place through
Amendment 387 #
Proposal for a regulation Article 8 – paragraph 7 a (new) 7 a. If at least four Member States representing at least 35% of the EU’s overall population have submitted comments indicating that the foreign direct investment planned or completed in another Member State is negatively affecting their security or public order the Member State where the foreign direct investment is planned or completed shall endeavour to propose mitigating measures within three months.
Amendment 388 #
Proposal for a regulation Article 8 a (new) Article 8 a The opinion by the Commission as referred to in this Article shall not be binding for the Member State it concerns, nor limit its sovereignty in making its own assessment regarding foreign investments.
Amendment 389 #
Proposal for a regulation Article 9 – title Amendment 391 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of the Union interest or of its strategic interests, on grounds of security or public order relevant for preserving the democratic control and the Union legal order, the Commission
Amendment 392 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission or one or more Member States consider
Amendment 393 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest o
Amendment 394 #
Proposal for a regulation 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 may issue an advisory opinion addressed to the Member State where the foreign direct investment is planned
Amendment 395 #
Proposal for a regulation Article 9 – paragraph 1 1. Where the Commission considers following the information transmitted by the Member State as referred to in paragraph 1 of Article 8 that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, it
Amendment 396 #
Proposal for a regulation 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 may issue a
Amendment 397 #
Proposal for a regulation 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
Amendment 398 #
Proposal for a regulation 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
Amendment 399 #
Proposal for a regulation 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
Amendment 400 #
Proposal for a regulation 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 401 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. 1a. Trade unions may request the Commission to screen FDIs affecting projects and programmes of Union interest.
Amendment 402 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Trade Unions shall have the possibility to request the Commission to screen foreign direct investments affecting projects and programmes of Union interest.
Amendment 403 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1 b. The European Parliament may request the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission shall take utmost account of the European Parliament’s position and provide an explanation in case that is not taken into account.
Amendment 404 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed an
Amendment 405 #
Proposal for a regulation 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; the minimum qualitative requirements for the data to be provided must be met to improve the reliability and comparability of data sets on foreign direct investment provided by Member States.
Amendment 406 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned
Amendment 407 #
Proposal for a regulation 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, as referred to in Article 10, to issue the opinion referred to in paragraph 1.
Amendment 408 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission
Amendment 409 #
Proposal for a regulation Article 9 – paragraph 2 2. The Commission may request from the Member State where the foreign direct investment is planned
Amendment 410 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned within a reasonable period of time,
Amendment 411 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall
Amendment 412 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned 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. 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.
Amendment 413 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned 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. 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 or a Member State has issued an opinion, the
Amendment 414 #
Proposal for a regulation Article 9 – paragraph 3 3. The Commission shall address its opinion to the Member State concerned 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. 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 advisory opinion, the 25-day period shall run from the date of receipt of the additional information.
Amendment 415 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States and to the European Parliament.
Amendment 416 #
Proposal for a regulation Article 9 – paragraph 4 4. The opinion of the Commission shall be communicated to the other Member States and to the Parliament.
Amendment 417 #
Proposal for a regulation Article 9 – paragraph 4 4. The advisory opinion of the Commission shall be communicated to the other Member States.
Amendment 418 #
Proposal for a regulation Article 9 – paragraph 4 4. The
Amendment 419 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the 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 followed. If the Commission considers that this explanation is insufficient, particularly the assessment of the proof that the Union's fundamental interests have not been violated, it may request a new screening process from the Member State.
Amendment 420 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the 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 followed. The Commission shall share such explanation with the other Member States.
Amendment 421 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned
Amendment 422 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the 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 followed. However, the Commission's opinon should not be binding.
Amendment 423 #
Proposal for a regulation Article 9 – paragraph 5 5.
Amendment 424 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States where the foreign direct investment is planned or has been completed shall take
Amendment 425 #
Proposal for a regulation Article 9 – paragraph 5 a (new) 5 a. The protection of confidential and other sensitive information, including commercially-sensitive information, shall be done in accordance with Directive (EU) 2016/943.
Amendment 426 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission
Amendment 427 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay and complies with minimum qualitative requirements for the reliability and comparability of data sets.
Amendment 428 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay, without prejudice to national timeframes.
Amendment 429 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission
Amendment 430 #
Proposal for a regulation Article 10 – paragraph 1 1. Member States shall ensure that the information requested by the Commission and other Member States upon justification pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay.
Amendment 431 #
Proposal for a regulation Article 10 – paragraph 2 – introductory part 2. The information referred to in paragraph 1 of this Article
Amendment 432 #
Proposal for a regulation 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 433 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 434 #
Proposal for a regulation Article 10 – paragraph 2 – point a (a) The ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 435 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) The value of the foreign direct investment and its possible impact;
Amendment 436 #
Proposal for a regulation Article 10 – paragraph 2 – point b (b) The total value of the foreign direct investment;
Amendment 437 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 438 #
Proposal for a regulation Article 10 – paragraph 2 – point c (c) The products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned
Amendment 439 #
Proposal for a regulation Article 10 – paragraph 2 – point d (d) The Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned
Amendment 440 #
Proposal for a regulation Article 10 – paragraph 2 – point d (d) The Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned
Amendment 441 #
Proposal for a regulation Article 10 – paragraph 2 – point d a (new) (d a) the third countries in which the foreign investor carries out a substantial part of investments and business operations;
Amendment 442 #
Proposal for a regulation Article 10 – paragraph 2 – point e (e) The funding of the investment and its legal source, on the basis of information available to the Member State.
Amendment 443 #
Proposal for a regulation Article 10 – paragraph 2 – point e (e) The funding of the investment, on the basis of qualitative information available to the Member State.
Amendment 444 #
Proposal for a regulation Article 10 – paragraph 2 – point e (e) The funding of the investment, on the basis of all information available to the Member State.
Amendment 445 #
Proposal for a regulation Article 11 – paragraph 1 a (new) 1 a. Member States should not disclose confidential information as a result of the application of this Regulation without prior information of the investor to ensure transparency of the proceedings.
Amendment 446 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the highest levels and standards of protection of confidential information, including commercially- sensitive information, price sensitive, strategic and personal information, acquired in application of this Regulation.
Amendment 447 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall ensure the protection of
Amendment 448 #
Proposal for a regulation Article 11 – paragraph 2 2. Member States and the Commission shall
Amendment 449 #
Proposal for a regulation Article 11 – paragraph 2 – point 1 (new) (1) The Commissions shall publish guidelines regarding the way confidential information shall be treated by the Member States and the Commission itself.
Amendment 450 #
Proposal for a regulation Article 11 – paragraph 2 a (new) 2 a. Member States where the investment is planned or has been completed can refuse to provide information if they see that contrary to their essential security interests, or if there are serious doubts about possible misuse of that information.
Amendment 451 #
Proposal for a regulation Article 12 – title Amendment 452 #
Proposal for a regulation Article 12 – paragraph 1 Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The FDI screening contact point shall be part of a coordination group composed of the Commission and other Member States
Amendment 453 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The Commission shall be empowered to adopt delegated acts in order to amend the lists of projects or programmes of Union interest set out in Annex I and the list of countries with the most significant barriers to European investors set out in Annex II.
Amendment 454 #
Proposal for a regulation Article 12 a (new) Article 12 a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this group. 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 Articles 8 or 9. 3. At the request of a Member State or on its own initiative, the Commission may put on the agenda investments planned in Member States that do not maintain screening mechanisms. 4. The Group may also discuss any issue pertaining to the inward foreign investment policy of the Union. 5. The Commission shall submit to the European Parliament a written annual report on the activities, examinations and exchange of views of the Investment Screening Coordination Group.
Amendment 455 #
Proposal for a regulation 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 3 years after its entry into force. The evaluation shall extend to the possible inclusion in the scope of this Regulation of other long term economic control capabilities other than foreign direct investment which result in the acquisition by means of a public contract of lasting and direct influence capabilities permitting the management or control of projects or programmes of Union interest as defined in Article 3(3) of this Regulation. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.
Amendment 456 #
Proposal for a regulation 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 3 years after its entry into force. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report. At all events, the Commission shall submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall give the European Parliament and the Council reasons for its decision.
Amendment 457 #
Proposal for a regulation 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 3 years after its entry into force and every three years thereafter. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.
Amendment 458 #
Proposal for a regulation Article 13 – paragraph 1 – point 1 (new) (1) Where the report notes that the application of this Regulation is ineffective to meet the proposed objectives, this Regulation shall cease to apply after 5 years of its entry into force.
Amendment 459 #
Proposal for a regulation Article 13 – paragraph 2 2. Where the report recommends modifying the provisions of the Regulation, the report
Amendment 460 #
Proposal for a regulation Article 13 a (new) Article 13 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to Article 3(3a) shall be conferred on the Commission for a period of five years from ... [date of the entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(3a) 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(3a) 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 461 #
Proposal for a regulation Article 14 – paragraph 1 This Regulation shall enter into force
Amendment 462 #
Proposal for a regulation Article 14 – paragraph 1 This Regulation shall enter into force six mon
Amendment 463 #
Proposal for a regulation Annex I – indent 3 a (new) - Joint technology initiatives of the Union including: Fuel Cells and Hydrogen, Aeronautics and Air Transport, Innovative Medicines Initiative, Electronic Components and Systems for European Leadership, Bio- based Industries, Shift2Rail, Single European Sky (SESAR).
Amendment 464 #
Proposal for a regulation 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 465 #
Proposal for a regulation Annex I – indent 6 a (new) - Connecting Europe Facility: Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010.
Amendment 466 #
Proposal for a regulation Annex I – indent 6 a (new) - -Research Fund for Coal and Steel COUNCIL DECISION (EU) 2017/955 of 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.
Amendment 467 #
Proposal for a regulation Annex I – indent 6 b (new) - European Defence Industrial Development Programmes: a) European Defence Industrial Development Programme, and b) European Defence Research programme/European Defence Fund- European Commission Decision on the financing of the Preparatory Action on Defense Research (PADR).
Amendment 468 #
Proposal for a regulation Annex I – indent 6 c (new) - European Fund for Strategic Investments: Regulation (EU) 2015/1017of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU)No 1316/2013; Regulation of the European Parliament and of the Council amending Regulations (EU) No1316/2013 and (EU) 2015/1017as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub.
Amendment 469 #
Proposal for a regulation Annex I a (new) – 5G for Europe: An Action Plan Communication (COM (2013) 634) from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (OJ C177, 11 June 2014, pp. 64-70)
Amendment 470 #
Proposal for a regulation Annex I a (new) ANNEX II (new) List of countries with the most significant barriers to Union investors.
Amendment 471 #
Proposal for a regulation Annex I a (new) European Defence Industrial Development Programme
Amendment 473 #
Proposal for a regulation Annex I b (new) - Research Fund for Coal and Steel Council Decision (EU) 2017/955 of 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
Amendment 74 #
Proposal for a regulation Recital 1 (1) Foreign direct investment may contribute
Amendment 75 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating and maintaining jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports and guaranteeing reciprocity. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 76 #
Proposal for a regulation Recital 1 (1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, generating growth, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 77 #
Proposal for a regulation Recital 1 a (new) (1 a) A strong economy based on open markets, creating an entrepreneurial climate fostering innovations, global leadership and growth is the best base for security, integrity and sovereignty. Foreign investments contribute not only to European growth but also to European leadership in respect of innovations, research and science. When foreign actors invest in innovation and research in Europe, they are investing in Europe's future strength and capacities. Protectionism makes Europe weaker, open markets make Europe stronger. This doesn’t prevent some investments from certain actors being of a kind in respect of whish Europe needs to be vigilant in order to hinder threats to its security, integrity and sovereignty.
Amendment 78 #
Proposal for a regulation Recital 2 (2) The Union and the Member States, as market economies, have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union (
Amendment 79 #
Proposal for a regulation Recital 2 (2) The Union and the Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union (
Amendment 80 #
Proposal for a regulation Recital 2 a (new) (2 a) The European economy is one of the most open on the world, and the EU's growth and competitiveness are dependent on this openness and trade; the Union, however, suffers from a lack of reciprocal access to the markets of its trading partners, undermining its economy and industry and hampering its companies.
Amendment 81 #
Proposal for a regulation Recital 2 a (new) (2 a) It is regrettable that there is no common basis for the FDI control systems put in place by the Member States.
Amendment 82 #
Proposal for a regulation 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,
Amendment 83 #
Proposal for a regulation 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
Amendment 84 #
Proposal for a regulation 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 only on the grounds of security or public order
Amendment 85 #
Proposal for a regulation 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 only on the grounds of security or public order, subject to certain requirements.
Amendment 86 #
Proposal for a regulation 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 security. Those measures reflect
Amendment 87 #
Proposal for a regulation 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
Amendment 88 #
Proposal for a regulation 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 security. 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 in place and should not be required to create foreign direct investment screening mechanisms.
Amendment 89 #
Proposal for a regulation Recital 5 (5) There is currently no comprehensive framework a
Amendment 90 #
Proposal for a regulation Recital 5 (5) There is currently no comprehensive framework at
Amendment 91 #
Proposal for a regulation Recital 5 (5) There is currently no comprehensive framework at
Amendment 92 #
Proposal for a regulation 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 Recital 5 (5) There is currently no comprehensive framework at EU-level for the screening of foreign direct investments on the grounds of economic security and Union security or public order.
Amendment 94 #
Proposal for a regulation Recital 5 a (new) (5 a) The dominant position of individuals, in particular multinationals or state-owned entreprises as defined in European competition law may constitute a threat to the security and public order of the Union.
Amendment 95 #
Proposal for a regulation Recital 5 a (new) (5 a) Member States and the Commission must refrain from invoking national security and public order as a general justification to impose disguised barriers to trade.
Amendment 96 #
Proposal for a regulation Recital 6 a (new) (6 a) In accordance with Article 346 (1) (b) TFEU, any Member States may take such measures it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material.
Amendment 97 #
Proposal for a regulation Recital 6 a (new) (6 a) The fact that non-direct investment does not fully fall within the field of common commercial policy has been clarified by the Court of Justice in its Opinion of 16 May 2017 1a. _________________ 1a Opinion 2/2015 of the Court of Justice of 16 May 2017 (OJ C 239, 24.7.2017, p. 3).
Amendment 98 #
Proposal for a regulation Recital 6 a (new) (6 a) The Union's common trade policy is founded on the principle of reciprocity.
Amendment 99 #
Proposal for a regulation Recital 7 (7) It is important to provide legal certainty for national mechanisms and for a European foreign direct investment screening mechanism, and to ensure
source: 620.765
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