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32 Amendments of Jean-Luc SCHAFFHAUSER related to 2017/0224(COD)

Amendment 18 #
Jean-Luc SCHAFFHAUSER
Proposal for a regulation
Recital 5
(5) There is currently no comprehensive framework at EU-level for the screening of Member States must be free to accept or refuse potential foreign direct investments on thevarious grounds of security or public order(defence of their territory, sovereignty technologies, damage to cultural heritage, etc.).
2018/02/20
Committee: AFET
Amendment 20 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 29 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 31 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 34 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 45 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 48 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 49 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 54 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 59 #
Jean-Luc SCHAFFHAUSER
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 have the possibility to request from those Member States the information necessary for its screening of such investment.deleted
2018/02/20
Committee: AFET
Amendment 64 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 68 #
Jean-Luc SCHAFFHAUSER
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 byMember States are free to decide for themselves whether to disclose details of direct investments received from third countries.
2018/02/20
Committee: AFET
Amendment 70 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 73 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 74 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 76 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 78 #
Jean-Luc SCHAFFHAUSER
Proposal for a regulation
Recital 23
(23) When a foreign direct investment constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200425, the implementation of this Regulation should be without prejudice to the application of Article 21(4) of Regulation (EC) No 139/2004. This Regulation and Article 21(4) of Regulation (EC) No 139/2004 should be applied in a consistent manner. To the extent that the respective scope of application of the two regulations overlap, the grounds for screening set out in Article 1 of this Regulation and the notion of legitimate interests within the meaning of Article 21(4), third paragraph, of Regulation (EC) No 139/2004 should be interpreted in a coherent manner, without prejudice to the assessment of the compatibility of the national measures aimed at protecting these interests with the general principles and other provisions of Union law _________________ 25Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).deleted
2018/02/20
Committee: AFET
Amendment 90 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 95 #
Jean-Luc SCHAFFHAUSER
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 or public order.deleted
2018/02/20
Committee: AFET
Amendment 101 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 110 #
Jean-Luc SCHAFFHAUSER
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 effects on, inter alia:
2018/02/20
Committee: AFET
Amendment 143 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 146 #
Jean-Luc SCHAFFHAUSER
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 to the Commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest.deleted
2018/02/20
Committee: AFET
Amendment 151 #
Jean-Luc SCHAFFHAUSER
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, on the basis of information available to them.deleted
2018/02/20
Committee: AFET
Amendment 153 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 158 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 171 #
Jean-Luc SCHAFFHAUSER
Proposal for a regulation
Article 9
Framework for Commission screening 1. 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 where the foreign direct investment is planned or has been completed. 2. 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. 3. 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, the 25-day period shall run from the date of receipt of the additional information. 4. shall be communicated to the other Member States. 5. 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.Article 9 deleted Where the Commission considers The Commission may request from The Commission shall address its The opinion of the Commission The Member States where the
2018/02/20
Committee: AFET
Amendment 186 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 196 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 198 #
Jean-Luc SCHAFFHAUSER
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.
2018/02/20
Committee: AFET
Amendment 200 #
Jean-Luc SCHAFFHAUSER
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.deleted
2018/02/20
Committee: AFET
Amendment 204 #
Jean-Luc SCHAFFHAUSER
Proposal for a regulation
Article 13 – paragraph 2
2. Where the report recommends modifying the provisions of the Regulation, the report may be accompanied by an appropriate legislative proposal.deleted
2018/02/20
Committee: AFET
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