29 Amendments of Patricia LALONDE related to 2017/0224(COD)

Proposal for a regulation
Recital 2 a (new)

(2a) The European economy is one of the most open on the world, and the EU's growth and competitiveness are dependent on this openness and trade; the EU, however, suffers from a lack of reciprocal access to the markets of its trading partners, undermining its economy and industry and hampering its companies.

2018/02/20
Committee: AFET

Proposal for a regulation
Recital 6 a (new)

(6a) The EU's common trade policy is founded on the principle of reciprocity.

2018/02/20
Committee: AFET

Proposal for a regulation
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. This list of factors that may affect security or public order sh~~ould~~all remain non-exhaustive.

2018/02/20
Committee: AFET

Proposal for a regulation
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, including in its economic dimension, 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.

2018/02/20
Committee: AFET

Proposal for a regulation
Recital 21

(21) No later than three years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be accompanied, where appropriate, by a legislative proposal. At any event, the Commission should submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall provide the European Parliament and the Council with reasons for its decision.

2018/02/20
Committee: AFET

Proposal for a regulation
Recital 1

(1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, generating growth, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 2 a (new)

(2 a) The European economy is one of the most open on the world, and the EU's growth and competitiveness are dependent on this openness and trade; the Union, however, suffers from a lack of reciprocal access to the markets of its trading partners, undermining its economy and industry and hampering its companies.

2018/04/12
Committee: INTA

Proposal for a regulation
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 Regulat(Does not affect the English version.)

2018/02/20
Committee: AFET

Proposal for a regulation
Recital 6 a (new)

(6 a) The Union's common trade policy is founded on the principle of reciprocity.

2018/04/12
Committee: INTA

Proposal for a regulation
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, critical technologies or critical inputs. An indicative and non- exhaustive list of projects or programmes of Union interest is included in Annex 1.

2018/02/20
Committee: AFET

Proposal for a regulation
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 openness of the investment environment of the Union and 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.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 4 – paragraph 1 – indent 1

– critical infrastructure, including energy, critical materials and raw materials, transport, communications, data storage, aerospace or financial infrastructure, historical and cultural heritage, services of general interest, as well as sensitive facilities;

2018/02/20
Committee: AFET

Proposal for a regulation
Article 4 – paragraph 1 – indent 2

– critical technologies, including artificial intelligence, nanotechnologies, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace or nuclear technology, or any other strategically important state-of-the-art technology;

2018/02/20
Committee: AFET

Proposal for a regulation
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. This list of factors that may affect security or public order ~~should~~ remains non-exhaustive.

2018/04/12
Committee: INTA

Proposal for a regulation
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, including in its economic dimension, 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.

2018/04/12
Committee: INTA

Proposal for a regulation
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, or whether the decision to make the proposed investment complies with market rules.

2018/02/20
Committee: AFET

Proposal for a regulation
Recital 20

(20) Member States and the Commission should take all necessary measures to ensure the protection of confidential and other sensitive information particularly when trade secrets are concerned.

2018/04/12
Committee: INTA

Proposal for a regulation
Recital 21

(21) No later than three years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be accompanied, where appropriate, by a legislative proposal. At any event, the Commission should submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall give the European Parliament and the Council reasons for its decision.

2018/04/12
Committee: INTA

Proposal for a regulation
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. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report. At all events, the Commission shall submit a revision of this Regulation no later than six years after the entry into force thereof. If the Commission takes the view that such a revision is not required, it shall give the European Parliament and the Council reasons for its decision.

2018/02/20
Committee: AFET

Proposal for a regulation
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~~within the framework of the conditions and in accordance with the terms set out in this Regulation.

2018/04/12
Committee: INTA

Proposal for a regulation
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, critical technologies or critical inputs. An indicative and non- exhaustive list of projects or programmes of Union interest is included in Annex 1.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 4 – paragraph 1 – indent 1

- critical infrastructure, including energy, critical materials and raw materials, transport, communications, data storage, aerospace or financial infrastructure, historical and cultural heritage, services of general interest, as well as sensitive facilities;

2018/04/12
Committee: INTA

Proposal for a regulation
Article 4 – paragraph 1 – indent 2

- critical technologies, including artificial intelligence, nanotechnologies, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace or nuclear technology, or any other strategically important state-of-the-art technology;

2018/04/12
Committee: INTA

Proposal for a regulation
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, or whether the decision to make the proposed investment complies with market rules.

2018/04/12
Committee: INTA

Proposal for a regulation
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 ownership structure or significant funding.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 1

Member States may maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions. These measures may also include situation when ownership structure or other key characteristics of the investor have significantly changed in the period following completion of the foreign direct investment concerned.

2018/04/12
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 3

3. Confidential information, including commercially-sensitive information, made available by foreign investors and undertaking concerned shall be duly protected, particularly in respect to the protection of trade secrets.

2018/04/12
Committee: INTA