43 Amendments of Kira Marie PETER-HANSEN related to 2024/0017(COD)
Amendment 52 #
Proposal for a regulation
Recital 17
Recital 17
(17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create lasting and direct links between a foreign investor and such facilities or such undertakings. In addition, by setting up new facilities, a foreign investor can impact on security and public order, including when that risk concerns essential economic inputs. Member States are therefore encouragshould be required to include greenfield foreign investments in the scope of transactions covered by their screening mechanisms, in particular when such investments occur in sectors relevant to their security or public order or when they present characteristics such as size or essential nature to be relevant to their security or public order.
Amendment 60 #
Proposal for a regulation
Recital 27
Recital 27
(27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These should include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, includingespecially those that receive funding from the Union.
Amendment 62 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the likely effect of a foreign investment on the security or public order of one or more Member States is adequately addressed, Member States receiving duly justified comments from other Member States or an opinion from the Commission should give such comments or opinion utmost consideration, including where it considers that its own security or public order is not affected. The Member State should coordinate with the Commission and the Member States concerned if necessary and provide them with written feedback on the decision taken and how the comments and the opinion have been given utmost consideration. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completedIf the Commission considers that its opinion has not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue another opinion stipulating recommendations to address the risks. Such opinions should have a binding effect.
Amendment 64 #
Proposal for a regulation
Recital 29
Recital 29
(29) To ensure the effective functioning of the cooperation mechanism, it is important to require that the Member State notifying the foreign investment to the cooperation mechanism provides a minimum level of information in a standardised format. Where the cooperation concerns a foreign investment not notified to the cooperation mechanism, the Member State where the foreign investment is planned or has been completed should be able to provide at least the same minimum level of information. The Commission and Member States may seek additional information from the Member State where the foreign investment is planned or completed. Such request for additional information should be duly justified, limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request and not unduly burdensome for the notifying Member State.
Amendment 66 #
Proposal for a regulation
Recital 32
Recital 32
(32) Member States or the Commission, as appropriate, might consider relevant information received from economic operators, civil society organisations, social partners (such as trade unions), media and academia about a foreign investment likely to negatively affect security or public order.
Amendment 69 #
Proposal for a regulation
Recital 35
Recital 35
(35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity and functioning of critical infrastructure, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment and the geopolitical situation. This should include, in particular, whether an investor is controlled directly or indirectly, for example through significant funding, by the government or an individual of a third country or is involved in pursuing policy objectives of third countries to facilitate their military capabilities. In this context, if applicable, Member States and the Commission should also consider why the foreign investor, its beneficial owner or any of its subsidiaries or a person acting on behalf or at the direction of such a foreign investor is subject to any type of Union restrictive measures pursuant to Article 215 TFEU.
Amendment 72 #
Proposal for a regulation
Recital 36
Recital 36
(36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order.
Amendment 76 #
Proposal for a regulation
Recital 44
Recital 44
(44) The Commission should evaluate the functioning and effectiveness of this Regulation 52 years after the date of application of this Regulation and every 53 years after that and present a report to the European Parliament and to the Council. That report should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending this Regulation, it may be accompanied by a legislative proposal.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘foreign investor’s subsidiary in the Union’ means an economically active undertaking established under the laws of a Member State regardless of its legal form meeting the conditions set out in Article 22(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318 , and directly or indirectly controlled by a foreign investor; _________________ 18 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19–76, ELI: http://data.europa.eu/eli/dir/2013/34/oj).
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘Union target’ means an undertaking, regardless of its legal form, established under the laws of a Member State;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or, critical inputs or strategic services, which are essential for security or public order and are listed in Annex I;
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall without exception ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target is established or is to be established in their territory:
Amendment 117 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in a Union target established or is to be established in their territory that:
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or is to be established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or is to be established in their territory, in exceptional cases, where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established or is to be established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall issue a duly motivated opinion addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4). The Commission may issue such an opinion if:
Amendment 127 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission mshall always issue a duly motivated opinion addressed to a Member State, a group of Member States or all Member States if it considers that severala foreign investments or otherseveral similar investments if they were to be made, taken together or individually, and having regard to their characteristics could affect the security or public order of the Union. After a Commission opinion is issued, the Commission mayshall, as appropriate, discuss with Member States howthe actions to address the identified risks and shall monitor the implementation of these actions.
Amendment 130 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Where the Member States or the Commission indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give utmost consideration to their comments provided pursuant to pursuant to paragraph 1 or the opinion provided pursuant to paragraph 2 or 3, the Member State where the investment is planned or completed shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall endeavour to identify solutions, should a similar situation arise in the future. Where the screening decision concerns a multi- country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be invited. The Commission shall be invited to any meetings organised pursuant to this paragraph. If the Commission decides that its opinions have still not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue another opinion with recommendations how to address the identified risks. Such an opinion shall have a binding effect.
Amendment 139 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at least 1530 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 150 #
Proposal for a regulation
Article 13 – paragraph 3 – point a a (new)
Article 13 – paragraph 3 – point a a (new)
(a a) the geopolitical situation;
Amendment 153 #
Proposal for a regulation
Article 13 – paragraph 3 – point d
Article 13 – paragraph 3 – point d
(d) the protection of sensitive information, including personal data, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such personal data, or;
Amendment 154 #
Proposal for a regulation
Article 13 – paragraph 3 – point e
Article 13 – paragraph 3 – point e
(e) the freedom and pluralism of the media, rule of law, human rights and democratic values including online platforms that can be used for large scale disinformation or criminal activities.;
Amendment 157 #
Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
Article 13 – paragraph 3 – point e a (new)
(e a) the continuity of public services such as healthcare and education, or
Amendment 158 #
Proposal for a regulation
Article 13 – paragraph 3 – point e b (new)
Article 13 – paragraph 3 – point e b (new)
(e b) the protection of the financial and economic stability of the Union.
Amendment 160 #
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
(d) whether the foreign investor or any of its subsidiaries has engaged in illegal or criminal activities, including the circumvention of Union restrictive measures pursuant to Article 215 TFEU, tax evasion and money laundering;
Amendment 163 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or an opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States or in the Union, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Member State where the foreign investment is planned or completed considers that other measures pursuant to Union or national law are available and appropriate to address the foreign investment’s effect on security and public order, the foreign investment shall be authorised without conditions.
Amendment 167 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. When the foreign investment does not comply with the mitigating measures provided in a screening decision, the Member State may, without prejudice to other administrative, financial, or criminal provisions provided for by its national law: (a) withdraw the authorisation granted to a foreign investment; (b) add additional mitigating measures; (c) impose a financial sanction; (d) impose a periodic penalty payment until the mitigating measures are complied with. When the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation that has not complied with the mitigating measures, or to impose sanctions aimed at enforcing the specified mitigating measures in accordance with this paragraph, it shall notify the Member States that submitted observations on this foreign investment within a reasonable timeframe.
Amendment 173 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Commission shall evaluate the functioning and effectiveness of this Regulation 52 years after the date of application of this Regulation and every 53 years thereafter and present a report to the European Parliament and to the Council. Member States shall be involved in this exercise and, if necessary, provide the Commission with additional information for the preparation of that report.
Amendment 185 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Regulation (EU) 2019/452 is repealed with effect from [date: 152 months after entry into force].
Amendment 187 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
It shall apply from [date: 152 months after entry into force].
Amendment 191 #
Proposal for a regulation
Annex I – point 20 a (new)
Annex I – point 20 a (new)
20 a. The European Defence Industry Programme (EDIP) Regulation EU ( ) of the European Parliament and of the Council of ( ) implementing concrete measures identified in the European Defence Industrial Strategy (EDIS).
Amendment 193 #
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
List of technologies, infrastructure, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union
Amendment 194 #
Proposal for a regulation
Annex II – point 3 – point e – indent 5 a (new)
Annex II – point 3 – point e – indent 5 a (new)
– Operational technologies for all transport modes, such as signalling for trains, traffic management systems and safety related technologies
Amendment 195 #
Proposal for a regulation
Annex II – point 3 – point e a (new)
Annex II – point 3 – point e a (new)
e a. Transport infrastructure and technologies: - International airports, and sea ports - Railways, inland waterways, short sea shipping routes and roads linking urban nodes, maritime and inland ports, airports and terminals that are located within the geographical scope of Regulation (EU) 2024/1679 - Railway infrastructure and related technologies - Electric propulsion technologies - Refuelling infrastructure, including electric charging infrastructure
Amendment 196 #
Proposal for a regulation
Annex II – point 3 – point g – indent 4
Annex II – point 3 – point g – indent 4
– Secure communications including Low Earth Orbit (LEO) connec tivity
Amendment 197 #
Proposal for a regulation
Annex II – point 3 – point h – introductory part
Annex II – point 3 – point h – introductory part
h. Energy technologies and infrastructure:
Amendment 198 #
Proposal for a regulation
Annex II – point 3 – point h – indent 1
Annex II – point 3 – point h – indent 1
– Nuclear power plants, nuclear fusion technologies, reactors and power generation, radi ological conversion/enrichment/recycling technologies, nuclear storage and disposal of radioactive waste;
Amendment 199 #
Proposal for a regulation
Annex II – point 3 – point h – indent 1 a (new)
Annex II – point 3 – point h – indent 1 a (new)
– Transmission system operators (TSO’s)
Amendment 200 #
Proposal for a regulation
Annex II – point 3 – point h – indent 3
Annex II – point 3 – point h – indent 3
– Net-zero technologies, including photovoltaics and wind-turbines
Amendment 201 #
Proposal for a regulation
Annex II – point 3 – point h – indent 4
Annex II – point 3 – point h – indent 4
– SEuropean and cross-border power grids, including, smart grids and energy storage, batteries
Amendment 202 #
Proposal for a regulation
Annex II – point 3 – point h – indent 4 a (new)
Annex II – point 3 – point h – indent 4 a (new)
– sea cables, other cross-border energy infrastructure