26 Amendments of Răzvan POPA related to 2017/0224(COD)
Amendment 60 #
Proposal for a regulation
Recital 1
Recital 1
(1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating jobs and economies of scale, bringing in capital, technologies, innovation, expertise,expertise, by encouraging innovation 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.
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 89 #
Proposal for a regulation
Recital 10
Recital 10
(10) Member States should be able to take the necessary measures, in compliance with Union law, to prevent circumvention of their screening mechanisms and decisions to protect security or public order. This should cover investments within the Union by means of artificial arrangements that do not reflect economic reality and circumvent the screening mechanisms and screening decisions, where the investor is ultimately owned or controlled by a natural person or an undertaking of a third country. This is without prejudice to the freedom of establishment and free movement of capital enshrined in the TFEU.
Amendment 116 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission should have the possibility to screen foreign direct investments likely to affect projects and programmes of Union interest on grounds of security or public order. This would give the Commission a tool to protect projects and programmes which serve the Union as whole and represent an important contribution to its economic growth, jobs and competitiveness. This should include in particular projects and programmes involving a substantial EU funding or established by Union legislation regarding critical infrastructure, critical technologies or critical inputs. For greater clarity, an indicative list of projects or programmes of Union interest in relation to which foreign direct investment can be subject to a screening by the Commission should be listed in an Annex.
Amendment 128 #
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 Commission. Relevant information includes aspects such as the ownership structure of the direct foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries.
Amendment 144 #
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 direct foreign investor aiming to establish or to maintain lasting and direct links between the direct 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 a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 147 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. '‘direct foreign investor' means a natural person of a third country or an undertakingor legal person of a third country intending to make or having made a foreign direct investment;
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'screening' means a procedure allowing to assess, investigate, analyse authorise, condition, prohibit or unwind foreign direct investments;
Amendment 153 #
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 163 #
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 207 #
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 direct foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 208 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 220 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. FDirect foreign investors and undertakings concerned shall have the possibility to seek judicial redress against screening decisions of the national authorities.
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 253 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or more Member States, it mayshould issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission mayshall issue an opinion irrespective of whether other Member States have provided comments.
Amendment 311 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) The ownership structure of the direct foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed, including information on the ultimate controlling shareholder or shareholders;
Amendment 313 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) The products, services and business operations of the direct foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed ;
Amendment 315 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) The Member States in which the direct foreign investor and the undertaking in which the foreign direct investment is planned or has been completed conduct business operations;
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 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.