Activities of Joachim STARBATTY related to 2017/0224(COD)
Plenary speeches (1)
Framework for screening of foreign direct investments into the European Union (debate) DE
Shadow reports (1)
REPORT 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 PDF (1 MB) DOC (221 KB)
Amendments (33)
Amendment 82 #
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, subject to certain requirements.foreign direct investments may have trade restrictive effects, if undertaken for national security reasons only;
Amendment 88 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have put in place measures according to which they may restrict the movement of capital between Member States and between Member States and third countries on grounds of public policy or public 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 95 #
Proposal for a regulation
Recital 5 a (new)
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)
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 100 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is important to provide legal certainty for investors and to ensure EU wide coordination and cooperation between Member States and the Commission 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 for judging what is necessary to protect their essential security interests.
Amendment 104 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the means to address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility for Member States to screen foreign direct investments on grounds of security and public order, taking into account their individual situations and national circumstances, and fully respecting Member States decision- making on the screening of foreign direct investments.
Amendment 112 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broad range of investmentsInvestments deemed to threaten national security or public order, which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 133 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or public order, Member States and the Commission should be able to consider all relevant factors, including the effects on critical infrastructure, technologies, including key enabling technologies, and inputs which are essential for security or the maintenance of public order, and the disruption, loss or destruction of which would have a significant impact in a Member State or in the Union. In that regard, Member States and the Commission should also be able to take into account whether a foreign investor is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government of a third country.
Amendment 136 #
Proposal for a regulation
Recital 13
Recital 13
(13) It is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by Member States to allow investors, the Commission and other Member States to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non-discriminatory between third countries. Those elements should at least include the establishment of 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 143 #
Proposal for a regulation
Recital 14
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 shouldcan also be forwarded to the Commission. The Commission should also have the possibility, where appropriate, to issue an non-binding 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. This non-binding opinion shall not be made public.
Amendment 157 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of Union interest on grounds of security or public order. 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 or critical inputs. For greater clarity, an indicative and non-exhaustive 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 178 #
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. Member States should have the right to refuse to disclose information that would be contrary to their essential security interests.
Amendment 182 #
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 224 #
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.
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of EU funding, or which are covered by Union legislation regarding critical infrastructure, and critical technologies or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 272 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
Amendment 318 #
Proposal for a regulation
Article 6 – paragraph 4
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 327 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) foreign direct investments screened and undergoing screening, including on projects and programmes of Union interest;
Amendment 343 #
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. 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 347 #
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 shallcan be forwarded to the Commission in parallel. The comments shall provide an exhaustive explanation on how the foreign direct investment concerned is likely to affect its security or public order.
Amendment 360 #
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 in one or more Member States, it may issue an non- binding opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an non-binding opinion irrespective of whether other Member States have provided comments.
Amendment 363 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 370 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 (new)
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 372 #
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 opinion.
Amendment 378 #
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 (new)
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 396 #
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, the Commission may issue an non- binding opinion addressed to the Member State where the foreign direct investment is planned or has been completed. This opinion should not be made publicly available.
Amendment 407 #
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, as referred to in Article 10, to issue the opinion referred to in paragraph 1.
Amendment 412 #
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 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.
Amendment 424 #
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 utmostinto account of the Commission's opinion and provide an explanation to the Commission in case its opinion is not followed.
Amendment 429 #
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.
Amendment 445 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
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 450 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
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 458 #
Proposal for a regulation
Article 13 – paragraph 1 – point 1 (new)
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.