18 Amendments of Dennis RADTKE related to 2017/0224(COD)
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the Commission of foreign direct investments in the Union on the grounds of national security or public order. It furthermore establishes a mechanism under which the European Commission can screen and take a decision on conditioning or restricting foreign direct investment threatening the security or public order of more than one Member State or the European Union as a whole, as well as foreign direct investment threatening the mid- and long term economic security in certain circumstances.
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that are likely to: (a) affect projects or programmes of Union interest on the grounds of security or public orderone or more than one Member State’s or the Union’s security or public order; (b) affect the security or public order of more than one Member State or the Union as a whole; (c) threaten the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in order to amend projects or programmes of Union interest listed in Annex I and key know-how and technologies listed in Annex II.
Amendment 170 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order of one or more than one Member State or the security and public order of the Union as a whole, Member States and the Commission may consider the potential effects on, inter alia:
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, includinge.g. energy, water, transport, communications and the media, health services, data storage, space, defence, research or financial infrastructure, as well as sensitive facilities;
Amendment 180 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
Amendment 197 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In screening a foreign direct investment on the ground of safeguarding the mid- and long-term economic security of the European Union, the Commission may consider the potential effects on specific key know-how and technologies, e.g. in the field of artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, space or nuclear technology, as listed in Annex II.
Amendment 203 #
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 of one or more than one Member State or the Union as a whole, or the mid- and long-term economic security of the Union, 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.
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the Commission considers that a foreign direct investment is likely to affect the national security or public order of the Member State where the investment is planned or has been completed, it shall issue a reasoned opinion addressed to the Member State.
Amendment 247 #
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 national or the Union’s security or public order, it may provide commentsshall indicate this to the Commission and to the Member State where the foreign direct investment is planned or has been completed. The cCommentsission shall be forwarded to the Commission in paralleltake adequate action as outlined in Article 9.
Amendment 252 #
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or mormore than one Member States, it may issue an opinion addressed or the Union as a whole, it shall indicate this to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinionshall take adequate action as outlined in Article 9, irrespective of whether other Member States have provided comments.
Amendment 260 #
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 commenttake an informed decision as referred to in paragraph 23, or to issue the opinion referred to in paragraph 3while paying utmost attention to the potential sensitivity of the information.
Amendment 269 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 31(new).
Amendment 279 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission or more than one Member State 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 opinion addressed to the Member State where the foreign direct investment is planned or has been completedo threaten the security or public order of more than one Member State of the European Union or the Union as a whole or the mid-and long-term economic security of the Union, as defined as key know-how and technologies and listed in Annex II, it shall screen the investment.
Amendment 288 #
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 to issue the opinion referred to in paragraph 1, from the foreign investor and from the target company any information necessary to take an informed decision, while paying utmost attention to the potential sensitivity of the information. The Member State, the target company and the investor may submit to the Commission any information they deem necessary to take an informed decision.
Amendment 292 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall address its opinion to the Member State concernedtake a decision 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. This decision can be: (a) a general authorisation of the investment; (b) an authorisation under certain conditions necessary to eliminate the threat; (c) no authorisation; (d) an in-depth investigation in case that there are reasons to assume that more time and information is necessary to take an informed decision, which shall not take longer than 50 days. 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. The opinion of the Commission shall be communicated to the other Member States.
Amendment 300 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The opindecision of the Commission shall be communicated to the other Member States.
Amendment 301 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5