33 Amendments of Theresa GRIFFIN related to 2017/0224(COD)
Amendment 69 #
Proposal for a regulation
Recital 4 a (new)
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 71 #
Proposal for a regulation
Recital 5 a (new)
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)
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 74 #
Proposal for a regulation
Recital 6 a (new)
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 90 #
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. 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 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 93 #
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, 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 100 #
Proposal for a regulation
Recital 12 a (new)
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 106 #
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. 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 154 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshall 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 160 #
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.
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
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)
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 174 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
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 182 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
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 185 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
– the security of supply of critical inputs; or, rare and strategic materials and food supply;
Amendment 187 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3 a (new)
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 189 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
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 191 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 a (new)
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 193 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 b (new)
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 195 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 c (new)
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 198 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
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 200 #
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, opaque ownership structures where the ultimate owner is not clear or any other form of leverage, in particular in third countries that do not meet European standards of democracy and the rule of law.
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 209 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
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 211 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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 221 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
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 238 #
Proposal for a regulation
Article 7 – paragraph 3
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.
Amendment 271 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
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 296 #
Proposal for a regulation
Article 9 – paragraph 4
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 306 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
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 317 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
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 320 #
Proposal for a regulation
Article 12 – paragraph 1
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 325 #
Proposal for a regulation
Article 12 a (new)
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.