24 Amendments of Ernest URTASUN related to 2017/0224(COD)
Amendment 52 #
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. Attention should be paid to investments that originate from countries mentioned in the Council Conclusions of 5 December 2017 on the EU list of non- cooperative jurisdictions for tax purposes, including the 47 jurisdictions that have committed to addressing deficiencies in their tax systems, as well as to sovereign wealth fund investments that need to be aligned with the Generally Accepted Principles and Practices (GAPP)on Sovereign Wealth Funds (“Santiago Principles”).
Amendment 64 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables Member States which maintain screening mechanisms 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 Commission on investments undergoing screening in other Member States in which the investment is planned or has been completed maintain a screening mechanism . The Commission should then for ware screening the investment. Thed all comments ofto the Member States should also be forwarded to the Commission where the investment is planned. The Commission should also have the possibility, where appropriate, to issue an opinioncomments 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. Based on the comments received, the Commission may request to discuss planned investments in the framework of the Investment Screening Coordination Group.
Amendment 67 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) It should be possible for the European Parliament to request the Commission to activate of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission should take utmost account of the European Parliament’s position and provide explanations if it is not taken into account.
Amendment 71 #
Proposal for a regulation
Recital 17
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 reasonHowever, Member States that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory only when they relate to projects and programmes of Union interest, on the basis of the information available to them.
Amendment 74 #
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 CommissionCommission or the Investment Screening Coordination Group. 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 76 #
Proposal for a regulation
Recital 19
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 as well as through the establishment of an Investment Screening Coordination Group. The Investment Screening Coordination Group should be formed of representatives of Member States that maintain screening mechanism and may serve as a platform to exchange views and information and to assist each other on foreign direct investment. The Investment Screening Coordination Group may also consider investments planned in Member States that do not maintain a screening mechanism and those Member States should be invited to the meetings of the Investment Screening Coordination Group.
Amendment 94 #
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 97 #
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, under the current Multiannual Financial Framework and future Multiannual Financial Frameworks, 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. The Commission is empowered to adopt delegated acts in accordance with Article 13a in order to amend projects and programmes listed in the Annex as well as specify the levels of EU funding considered to be a “significant amount” or “significant share”.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, water, transport, communications and the media, health services, research, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologies, including artificial intelligence, robotics, semiconductors, advanced materials, critical raw materials, nanotechnologies, biotechnologies, medical technologies, technologies with potential dual use applications, cyber security, space or nuclear technology;
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
Article 4 – paragraph 1 – indent 4
- access to sensitive information orand the media sector and the ability to control sensitive information and the media sector.
Amendment 119 #
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 mayshall 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 and is complying with relevant international treaties including the Generally Accepted Principles and Practices (GAPP)on Sovereign Wealth Funds (“Santiago Principles”).
Amendment 126 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions. These may relate to situations where, despite being registered in a Member State, an undertaking is effectively controlled or owned by nationals of a third country.
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Trade unions may be allowed to request to the competent authorities of the Member States the activation of their screening mechanisms.
Amendment 142 #
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. The Commission shall then share such information with other Member States that maintain a screening mechanism within five working days of its receipt.
Amendment 145 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where aone or more Member States considers that a foreign direct investment planned or completed in another Member State is likely to affect itstheir security or public order, it may providthey shall inform the cComments to the Member State whereission within 10 working days. Those Member States shall provide exhaustive explanations of how the foreign direct investment is planned or has been completedin another Member State is likely to affect their security or public order. The cCommentsission shall be forwarded to the Commission in parallelinform the Member State in which the foreign direct investment is planned within 10 working days of all comments received as well as those Member States maintaining a screening mechanism.
Amendment 151 #
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 necessary to provide comments referred to in paragraph 2,On the basis of the comments provided under paragraph 2 and 3 of this Article, the Commission may request additional information as referred to in Article 10 from the Member State where the foreign direct investment is planned. Additionally, the Commission may request the issue to be discussed in the framework orf to issue the opinion referred to in paragraph 3he Investment Screening Coordination Group referred to in Article 12a within 30 days.
Amendment 153 #
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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed. Trade unions may request the Commission to screen foreign direct investment affecting project and programmes of Union interest. The European Parliament may request the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission shall take utmost account of the European Parliament’s position and provide an explanation in case it is not taken into account.
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may request additional information as referred to in Article 10 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. When requesting such information, the Commission shall explain how security and public order may be affected by the foreign direct investment planned or under consideration.
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall endeavour to ensure that the information requested by the Commission and other Member Statesor the Investment Screening Coordination Group pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay.
Amendment 172 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be setup. Each Member State that maintains a screening mechanism shall appoint a representative/expert to the Investment Screening Coordination Group. 2. The Investment Screening Coordination Group may exchange views and information on any foreign direct investment that are undergoing screening within the framework of Member States’ screening mechanisms and for which a cooperation mechanism has been activated under Articles 8 and 9. 3. At the request of the Member States the Commission may put on the agenda investments planned in Member States that do not maintain a screening mechanism and invite the member State where the investment is planned to the Investment Screening Coordination Group. 4. 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.
Amendment 177 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to Article 3(3) shall be conferred on the Commission for a period of five years from the date of the entry into force of this Regulation. 3. The delegation of power referred to in Article 3(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.
Amendment 178 #
Proposal for a regulation
Annex I – indent 6 a (new)
Annex I – indent 6 a (new)
- European Fund for Strategic Investments Regulation (EU) No 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013; Regulation of the European Parliament and of the Council amending Regulations (EU) No 1316/2013 and (EU) 2015/1017 as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub;
Amendment 180 #
Proposal for a regulation
Annex I – indent 6 b (new)
Annex I – indent 6 b (new)
- European Defence Fund and EU Defence Industrial Development Programme: Regulation of the European Parliament and the Council of ... establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry;OJ L ... (COM(2017)0294) Council Decision (EU) 2017/1967 of 23 October 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (The Union's preparatory action on defence research); OJ L 279, 28.10.2017, p. 50.