9 Amendments of Lars ADAKTUSSON related to 2017/0224(COD)
Amendment 21 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The fact that non-direct investments do not fully fall within the scope of common commercial policy has been clarified by Opinion 2/15 the Court of Justice of the European Union of 16 May 2015.
Amendment 30 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broadnecessary range of investments 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 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. 'foreign direct investment' means investments of any kind by a foreign investor aiming to establish or to maintain lasting and direct links between the foreign investor and the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in the territory or the Exclusive Economic Zone of a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 88 #
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,. Screening may be undertaken if necessary to protect security or to maintain public order and shall be done under the conditions and in accordance with the terms set out in this Regulation.
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, including energy, transport, communications, media, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 137 #
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 directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 145 #
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, unless such action is considered contrary to the essential security interests of the Member State.
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall not be obliged to provide any information the disclosure of which they consider contrary to their essential security interests.