20 Amendments of Anne SANDER related to 2017/0224(COD)
Amendment 39 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is important to provide legal certainty and to ensure EU wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the Union on grounds of security or public order. This is without prejudice to the sole responsibility of the Member States for the maintenance of national security. The current legal framework must be bolstered in the light of changes in practices relating to direct foreign investment and in screening systems around the world.
Amendment 41 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This framework should be seen as a tool for promoting more regular dialogue between the competent national and European authorities and investors. It should create a relationship of trust and greater transparency, whilst at the same time offering investors greater legal security. The Commission should be able to monitor the screening systems employed in the other jurisdictions around the world.
Amendment 43 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment should provide the Member States and the Commission with the means to monitor and address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining 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.
Amendment 57 #
Proposal for a regulation
Recital 12
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 or the maintenance of public order, and the disruption, loss or destruction of which would have a significantn 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.
Amendment 58 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) When a decision about a screening procedure is taken, the Member States and the Commission should pay particular attention to complex and artificial tax arrangements, as they can be a way of circumventing screening systems. The reputation of the investor and the country of origin and transit for the investment should therefore also be taken into account.
Amendment 60 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) When screening is carried out, the Member States and the EU should take account of the impact of the direct foreign investments on the strategic autonomy of the EU and its Member States and on the value chain for critical technologies and sectors.
Amendment 62 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This cooperation framework should give the Member States and the Commission the flexibility needed to screen direct foreign investments both before (ex-ante) and after (ex-post) they are made.
Amendment 75 #
Proposal for a regulation
Recital 18
Recital 18
(18) To that end, it is also important to ensure a minimumsufficient level of information and coordination with regard to foreign direct investments falling under the scope of this Regulation in all Member States. TAll 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 foreign investor and the financing of the planned or completed investment, including, when available, information about subsides granted by third countries.
Amendment 79 #
Proposal for a regulation
Recital 21
Recital 21
(21) No later than threeEach years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council with a report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be, which should contain relevant information about the way the Member States and the Commission have used their screening systems. No later than three years after the entry into force of this Regulation, the Commission should present the European Parliament and the Council with an in-depth assessment of the frameworks for screening foreign direct investments and developments in screening systems in non-EU jurisdictions in Europe, accompanied, where appropriate, by a legislative proposal.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve a substantiallarge 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 list of projects or programmes of Union interest is included in Annex 1.
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologies, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, or space or, nuclear or aviation technology;
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
- the strategic autonomy of the EU, its Member States, and the value chain of critical technologies and sectors, and the security of supply of critical inputs; or
Amendment 124 #
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 mayshall take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 131 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. CThe Member States shall guarantee the absolute confidentiality of information, including commercially- sensitive information and business secrets, made available by foreign investors and the undertaking concerned shall be protectedin screening procedures.
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shallare duty-bound to inform the Commission and the other Member States of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms, within 5 working days from the start of the screening. As part of the information, and when applicable, the screening Member States shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of Regulation (EC) No 139/2004.
Amendment 154 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission 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 anis empowered to issue a binding opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 163 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without unduejustified delay.
Amendment 168 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States and the Commission shall ensure the protectionhighest degree of confidentiality and protection of information acquired in application of this Regulationand provided by foreign investors and the undertaking concerned when carrying out screening procedures.
Amendment 171 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The Commission and other Member States shall involveensure close cooperation between these FDI screening contact points on all issues related to implementation of this Regulation.
Amendment 173 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. TEach year after the entry into force of this Regulation, the Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation nsetting out relevant information on the activities of Member States' and the Commission's filtering systems. No later than 3three years after itsthe 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 of this Regulation, the Commission shall submit to the European Parliament and the Council an in-depth assessment of the frameworks for filtering foreign direct investment in Europe and developments in filtering systems in non- EU jurisdictions, accompanied, where appropriate, by a legislative proposal.