30 Amendments of Pedro SILVA PEREIRA related to 2017/0224(COD)
Amendment 146 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables Member States to cooperate and assist each other where a foreign direct investment in one Member State may affect the security or public order of other Member States should be set up. 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 167 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, the Commission should have the possibility to address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take utmost account of the opinion and provide an explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States the information necessary for its screening of such investment.
Amendment 181 #
Proposal for a regulation
Recital 18
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.
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of security or public order and creates mechanisms of cooperation and exchange of information between Member States and the Commission.
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. 'foreign direct investment' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
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 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. 'screening mechanism' means an instrument of general application, such as a law or, a regulation or guidelines, and accompanying administrative requirements, implementing rules or guidelines, setting out the terms, conditions and procedures for the screening of foreign direct investments on grounds of security or public order;
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of 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 227 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screenOn the basis of the screening and information reported by the Member State, the Commission may issue opinions concerning foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 252 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 277 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
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 293 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 294 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)
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 305 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Framework for Member States' screening under the Regulation
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall establish timeframes for issuing screening decisions. Such timeframes shall allow them to take into account the cComments of Member States referred to in Article 8 and the opinion of the Commission referred to in Articles 8 and 9 shall be taken into account without prejudice to national timeframes.
Amendment 344 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. All Member States shall inform the Commission and the other Member States concerned of any foreign direct investments that are undergoing screening within the framework of may affect the security or the public order of at least anotheir screening mechanisms, within 5 working days from the start of the screeningMember State as soon as such risk is assessed. 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 350 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its security or public order, it may provide 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.
Amendment 362 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investmentfollowing the information transmitted by the Member State as referred to in paragraph 1 that a foreign direct investment planned in another Member State is likely to affect the security or public order inof 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.
Amendment 366 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission or a Member State which duly considers that a foreign direct investment is likely to affect its security or public order may request from the Member State where the foreign direct investment is planned or has been completed, any information, any information as referred to in article 10 necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3, unless those information are sensitive, unreasonable, inaccessible or impossible to obtain.
Amendment 371 #
Proposal for a regulation
Article 8 – paragraph 5
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 opinionwithout prejudice to national timeframes.
Amendment 383 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 3.
Amendment 395 #
Proposal for a regulation
Article 9 – paragraph 1
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, ithe Commission may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 406 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request from the Member State where the foreign direct investment is planned or has been completed any informationany information as referred to in article 10 necessary to issue the opinion referred to in paragraph 1, unless this information is sensitive, unreasonable, inaccessible or impossible to obtain.
Amendment 410 #
Proposal for a regulation
Article 9 – paragraph 3
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 Artwithout prejudicle 3(1) and the information on foreign direct investment undergoing screening has been received by the Commission pursuant to Article 8(1), the opinion shall be delivered no later than 25 working days following receipt of such information. Where additional information is needed to issue an opinion, the 25-day period shall run from the date of receipt of the additional informationto national timeframes.
Amendment 421 #
Proposal for a regulation
Article 9 – paragraph 5
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 followedshall give due consideration to the Commission’s opinion.
Amendment 428 #
Proposal for a regulation
Article 10 – paragraph 1
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 433 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
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 or has been completed, including information on the ultimate controlling shareholder or shareholders;
Amendment 437 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
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 or has been completed ;
Amendment 439 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
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 or has been completed conduct business operations;
Amendment 461 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
This Regulation shall enter into force on the twentieth daysix months following the date of its publication in the Official Journal of the European Union.