45 Amendments of Ivars IJABS related to 2024/0017(COD)
Amendment 71 #
Proposal for a regulation
Recital 26
Recital 26
(26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments and the Commission should have the possibility to issue an opinion on foreign investments that have been completed but not notified up to 152 months after the completion of the foreign investment.
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) adequate resources and procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order, taking into account at least the criteria laid down in Article 13. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures and resources to identify and prevent circumvention of the screening mechanism and screening decisions;
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at leastup until 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order;
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) foreign investors, foreign investors’ subsidiaries in the Union through which the foreign investment is carried out and undertakings concerned by a screening decision shall have the possibility to seek judicial recourse against that screening decision. Member States shall implement a harmonized appeal mechanism;
Amendment 123 #
Proposal for a regulation
Article 4 – paragraph 2 – point i a (new)
Article 4 – paragraph 2 – point i a (new)
(i a) the screening authority will allow applicants to use the common European form to request an authorisation. The Commission shall develop this form by means of implementing acts pursuant to Article 21, to be adopted prior to the date of application of this Regulation referred to in Article 24(2). Member States may add additional information requests to the form based on their national procedure.
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States shall: (a) align screening deadlines at national level with the Union cooperation mechanism timelines set out in Article 8, providing for: (i) an initial review period not exceeding 30 days from notification; (ii) where necessary, an in-depth investigation period not exceeding 60 additional days; and (iii) criteria for extensions of these deadlines; (b) implement standardised procedural milestones including: (i) formal acknowledgment of complete notification within 5 working days; (ii) clear triggers for moving from initial review to in-depth investigation; (iii) structured communication points with applicants throughout the process; and (iv) annual standardised reporting on average processing times and deviations from standard timelines.
Amendment 132 #
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers. In cases where the ownership structure is opaque or unclear, the investment shall be notified as a precaution;
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States on the samewithin 3 calendar days, and each request for authorisation shall make reference to the other requests;
Amendment 139 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) if the requests for authorisation concern a foreign investment meeting any of the conditions set out in Article 5(1), the respective Member States shall send their notifications to the cooperation mechanism on the same day after the last Member State received its request for authorisation and within the deadline laid down in point (a) of paragraph 1 of this Article;
Amendment 140 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Comments by Member States and opinions, alerts and Decisions by the Commission on notified foreign investments
Amendment 152 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Following the receipt of a comment pursuant to paragraph 1, the Member State shall set up a meeting with the Member States who issued comments to discuss how to best address the risks identified. If the Member State where the foreign investment is planned or completed disagrees with the risks identified or, if applicable, the measure proposed with the comment, the Member States shall aim to identify alternative solutions. Where the comment concerns a multi-country transaction, the other Member States who notified the foreign investment shall also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, the intended conditions are able to address identified cross-border risks adequately. The Commission shall be invited to any such meetings.
Amendment 154 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. If no alternative solution is reached in Paragraph 6, the Commission may alert the Member State where the foreign investment is planned of its concern that the foreign investment is likely to negatively affect the security and public order of another Member State. The Commission may only alert upon approval of the affected other Member State. Upon receipt of such an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on mitigating measures or reach an alternative solution.
Amendment 155 #
Proposal for a regulation
Article 7 – paragraph 7 b (new)
Article 7 – paragraph 7 b (new)
7 b. Where the Commission has issued an alert in accordance with Paragraph 7a and no mitigating measures or alternative solution is agreed upon after 30 calendar days, it may, within a period of 30 calendar days, adopt a Decision finding the intended screening decision to be incompatible with this Directive and requiring the Member State concerned to refrain from adopting it, and if such measure has been adopted, to repeal it. Such a Decision may only be adopted if the Commission can show that the intended screening decision negatively affects the security and public order of another Member State, and upon the latter's approval.
Amendment 157 #
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) notify its screening decision to the respective Member States and to the Commission via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days afterbefore it wais sent to the respective parties to the foreign investment;
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – introductory part
Article 7 – paragraph 8 – point b – introductory part
(b) provide a written explanation to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than 7 calendar days afterbefore the screening decision wais notified pursuant to paragraph (a) on:
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 8 – point b a (new)
Article 7 – paragraph 8 – point b a (new)
(b a) The comments, opinions, alerts and Decisions issued by other Member States or the Commission as well as the written explanation from the Member State where the foreign investment is planned, will be enclosed in the secure database set up pursuant to Article 7(10). If certain information may not be shared according to Paragraph 11, the database shall at least include a reference to the comments, opinions and written explanations, and the involved parties.
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. The Commission shall set up a secure database made available to all Member States with information on the foreign investments assessed by the cooperation mechanism and the outcome of the assessments under the national screening mechanisms, including information about the relevant screening decisions. The Commission shall upload to that database the information it has at its disposal since 12 October 2020, including relevant business intelligence it has procured and verified from commercial vendors. By [date of application of this Regulation] Member States shall upload to that database the information at their disposal about the outcome of the relevant procedure under their own screening mechanisms. They may also provide additional explanations.
Amendment 181 #
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10 a. The Commission shall develop a business intelligence capability to inform the Member State screening authorities, develop coordinated risk assessments and support a Union FDI capacity-building programme through the FDI Expert Group, offering best practices, lessons learned and common training programmes for officials of the Member States. This requires the Commission to have the appropriate technical and human resources, as well as the financial resources to procure commercial business intelligence from private vendors.
Amendment 184 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d a (new)
Article 8 – paragraph 3 – subparagraph 1 – point d a (new)
(d a) the meeting referred to in Article 7(6) shall occur within 30 calendar days following the opinion or comment.
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d b (new)
Article 8 – paragraph 3 – subparagraph 1 – point d b (new)
(d b) where the Commission reserves the right to issue an alert referred to in Article 7(7a), the respective alert shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 15 days following the meeting referred to in Article 7(6).
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d c (new)
Article 8 – paragraph 3 – subparagraph 1 – point d c (new)
(d c) Upon receipt an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on new conditions to reach an alternative solution.
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 – point d d (new)
Article 8 – paragraph 3 – subparagraph 1 – point d d (new)
(d d) where the Commission reserves the right to a Decision referred to in Article 7(7b), the respective decision shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 30 calendar days following the period referred to in Paragraph (dc).
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The notifying Member State shall at least take their screening decision only after the deadlines referred to in points (a)-(d) have expirc) have expired. If the Commission reserves the right to issue an opinion, alert or Decision, the decision may only take place after the respective deadlines in points (da), (dc) and (dd) have expired, unless an alternative solution is reached.
Amendment 192 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at leastup to 152 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 193 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall be granted at leastup to 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Amendment 196 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shall be granted at leastup to 152 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 200 #
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the name of the investor, the global ultimate owner of the investor and the Union target, the ownership structure of the investor and, where applicable, of the corporate group to which the investor is a part, and whether they are subject to restrictive measures or were involved in a foreign investment previously screened by a Member State and not authorized or only authorized with conditions;
Amendment 201 #
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) name and address of the Union target, its activities and alternative providers, the ownership structure of the Union target and, where applicable, of the corporate group to which the Union target is a part; and if it is economically active in items listed in Annex I to Regulation 2021/821 or Council Common Position 2008/944/CFSP, specifying the respective item;
Amendment 202 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide the necessary resources, legal and administrative means for their efficient and effective participation in the cooperation mechanismto carry out, in an effective and efficient manner, the tasks assigned to them to fulfil the objectives of this Regulation, especially their efficient and effective participation in the cooperation mechanism and ability to effectively monitor and ensure compliance with the screening mechanism and screening decisions.
Amendment 206 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly motivated comment pursuant to Article 7(1) or Article 9(7), whether a foreign investment is likely to negatively affect security or public order. They may use the risk evaluation form developed by the Commission.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The Commission shall set out, by means of implementing acts pursuant to Article 21, to be adopted prior to the date of application of this Regulation referred to in Article 24(2), the form that may be used under paragraph 1.
Amendment 210 #
Proposal for a regulation
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the security, confidentiality, integrity and functioning of critical infrastructure, whether physical or virtualsectors of high criticality and other critical sectors as defined in Annex I and II of Directive (EU) 2022/2557, whether physical or virtual, including the land and property critical to the use of such critical infrastructure; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21 . The results of the Union level coordinated security risk assessments shall be taken into account, including those of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall also be, which taken into account. ; both technical and non-technical risk factors, such as undue influence by a third country on suppliers _________________ 20 Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC (OJ L 333, 27.12.2022, p. 164–198, ELI: http://data.europa.eu/eli/dir/2022/2557/oj). 21 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (OJ L 333, 27.12.2022, p. 80–152, ELI: http://data.europa.eu/eli/dir/2022/2555/oj).
Amendment 214 #
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) the continuity of supply of critical inputs and the resilience of supply chains, including by taking into consideration the risk assessments in Article 24 of Regulation 2024/1252 ;
Amendment 220 #
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 and intellectual property, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such personal datasensitive information, or
Amendment 222 #
Proposal for a regulation
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall alsot least take into account information related to the foreign investor, including:
Amendment 223 #
Proposal for a regulation
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
(a) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor was involved in a foreign investment previously screened by a Member State, or where available, by a like-minded third country, and that was not authorised or was only authorised with conditions; to determine this, Member States and the Commission shall rely on information available to them, including the information contained in the secure database set up pursuant to Article 7(10);
Amendment 224 #
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor is likely to pursue a third country’s policy objectivnegatively affect the security interests or restrictive measures of the Union or its Member States, or facilitate the development of a third country’s military capabilities.
Amendment 225 #
Proposal for a regulation
Article 13 – paragraph 4 – point e a (new)
Article 13 – paragraph 4 – point e a (new)
(e a) whether the foreign investor or any of its subsidiaries are established in a third country whose legislation allows arbitrary access to any kind of company operations or data, including commercially sensitive data, and can impose obligations for intelligence purposes without democratic checks and balances, oversight mechanisms, due process or the right to appeal to an independent court or tribunal.
Amendment 226 #
Proposal for a regulation
Article 13 – paragraph 4 – point e b (new)
Article 13 – paragraph 4 – point e b (new)
(e b) whether the foreign investor or any of its subsidiaries or the third country in which it is established is subject to restrictive measures or whether it has a flawed rule of law or human rights protection track record or an aggressive civil-military fusion strategy;
Amendment 227 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. The Commission, in cooperation with the FDI Expert Group, may carry out a coordinated risk assessment relating to a specific sector, critical technology or foreign investor and the level of control established by third countries, to inform screening decisions of the Member States. The coordinated risk assessment shall be added to the risk evaluation template in Paragraph 1, shared and made available in the secure database set up pursuant to Article 7(10) and shall be taken into account by Member States when determining whether an investment is likely to negatively affect security or public order.
Amendment 231 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. On the basis of the information received in accordance with paragraph 1, and based on its assessment of trends and developments, the Commission shall provide an annual report on implementation of this Regulation to the European Parliament and to the Council. It shall include an overview of the information in paragraph 1 per Member State. That report shall be made public.
Amendment 242 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 104(2)(ia), Article 10(1) and Article 13(1).
Amendment 247 #
Proposal for a regulation
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2 a. Sectors of high criticality as defined in Annex 1 of Directive 2022/2555
Amendment 250 #
Proposal for a regulation
Annex II – point 2 b (new)
Annex II – point 2 b (new)
2 b. Media services as defined in Article 2(1) of Regulation 2024/1083