40 Amendments of Klaus BUCHNER related to 2017/0224(COD)
Amendment 15 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to the international commitments undertaken in the World Trade Organisation, the Organisation for Economic Cooperation and Development, and in the trade and investment agreements concluded with third countries, the Union and Members States may adopt restrictive measures relating to foreign direct investment on the grounds of security or, public order, fundamental rights or the protection of key technologies, subject to certain requirements.
Amendment 19 #
(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, fundamental rights or the protection of key technologies.
Amendment 26 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the means to address risks to security or, public order, fundamental rights or the protection of key technologies in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility for Member States to screen foreign direct investments on the grounds of security and, public order, fundamental rights or the protection of key technologies taking into account their individual situations and national circumstances.
Amendment 32 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should be able to take the necessary measures, in compliance with Union law, to prevent circumvention of their screening mechanisms and decisions to protect security or, public order, fundamental rights or key technologies. 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 36 #
Proposal for a regulation
Recital 11
Recital 11
(11) To guide Member States and the Commission in the application of the Regulation, it is appropriate to provide a list of factors that may be taken into consideration when screening foreign direct investment on the grounds of security or, public order, fundamental rights or the protection of key technologies. 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, fundamental rights or the protection of key technologies should remain non-exhaustive.
Amendment 42 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or, public order, fundamental rights or the protection of key technologies, 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, public order, fundamental rights or the protection of key technologies, 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 53 #
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, fundamental rights or the protection of key technologies 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 56 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of Union interest on the grounds of security or, public order, fundamental rights or the protection of key technologies. 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 58 #
Proposal for a regulation
Recital 15 a (new)
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 60 #
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 the grounds of security or, public order, fundamental rights or the protection of key technologies, 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 69 #
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 77 #
Proposal for a regulation
Recital 22
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 or, public order, fundamental rights or the protection of key technologies 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.
Amendment 80 #
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, fundamental rights or the protection of key technologies.
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. 'foreign investor' means a natural person of a third country or an undertaking of a third country intending to make or having made a foreign direct investment; as well as a natural person or an undertaking based in a Member State but effectively controlled or financed by a third country;
Amendment 86 #
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 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 or, public order, fundamental rights or the protection of key technologies;
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
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 89 #
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, fundamental rights or the protection of key technologies, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or , public order, fundamental rights or the protection of key technologies.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
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 117 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
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 130 #
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, fundamental rights or the protection of key technologies, 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 and whether that government fully respects international human rights law, international humanitarian law, and is complying with relevant international arms control norms such as the Arms Trade Treaty (ATT).
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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 148 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 1
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 159 #
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, fundamental rights or the protection of key technologies, 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 161 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investment is likely to affect security or, public order, fundamental rights or the protection of key technologies 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.
Amendment 167 #
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, fundamental rights or the protection of key technologies 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 168 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 170 #
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 172 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or, public order, fundamental rights or the protection of key technologies the Commission may issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 177 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
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 179 #
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 information necessary to issue the opinion referred to in paragraph 1.
Amendment 184 #
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 followed.
Amendment 188 #
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 and within the timeframe set out in Article 6(2).
Amendment 189 #
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 191 #
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 192 #
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 203 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation no later than 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 205 #
Proposal for a regulation
Annex I – indent –1 (new)
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);