15 Amendments of Daniel OBAJTEK related to 2024/0017(COD)
Amendment 58 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is also necessary to make the Member State where the foreign investment is planned or completed more accountabltransparent and responsive to the Commission and to those Member States that express duly justified concerns for their public order or security or the Union’s.
Amendment 60 #
Proposal for a regulation
Recital 15
Recital 15
(15) The common framework set out in this Regulation should be without prejudice to the sole responsibility of Member States to safeguard their national security as provided for in Article 4(2) TEU. It should also be without prejudice to the protection of their essential security interests in accordance with Article 346 TFEU. The final decision on foreign investments should always remain the sole responsibility of the Member State where the foreign investment is planned or completed.
Amendment 76 #
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 givetake due account of such comments or opinion utmost consideration, including where it considers that its own security or public order is not affected. The Member State should coordinatensult with the Commission and the Member States concerned if necessary and provide themMember States with written feedback on the decision taken and how the comments and the opinion have been given utmost considerattaken into due account. The Member State may provide similar written feedback to the Commission. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completed.
Amendment 100 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to take into account developments relating to projects or programmes of Union interest and to adapt the list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to the Annexes I to this Regulation. The list of projects and programmes of Union interest set out in Annex I should cover projects or programmes covered by EU law which provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs which are essential for security or public order. The list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union set out in Annex II should includes areas where a foreign investment may affect security or public order in more than one Member State or in the Union as a whole through an Union target, which does not participate in or receive funds from a project or programme of Union interest. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making16 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 16 OJ L 123, 12.5.2016, p. 1.
Amendment 143 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point a
Article 7 – paragraph 2 – subparagraph 1 – point a
(a) it considershas evidence that such a foreign investment is likely towould negatively affect the security or public order of more than one Member Statethe Union;
Amendment 144 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1
Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1
it considershas evidence that such a foreign investment is likely towould negatively affect projects or programmes of Union interest on grounds of security or public order;
Amendment 150 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where a Member State where the foreign investment is planned or completed receives a comment from another Member State pursuant to paragraph 1 or an opinion from the Commission pursuant to paragraph 2 or 3, it shall give utmost consideration totake due account of such a comment or opinion.
Amendment 164 #
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 after the screening decision was notified pursuant to paragraph (a) on:
Amendment 168 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – point i
Article 7 – paragraph 8 – point b – point i
(i) the extent to which it gavetook the Member States’ comments or the Commission opinion utmost considerationinto due account of; or
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 8 – point b – point ii
Article 7 – paragraph 8 – point b – point ii
(ii) the reason for its disagreement with the Member States’ comments or the Commission opinion.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1 (new)
Article 7 – paragraph 8 – subparagraph 1 (new)
The Member States may also provide a written explanation to the Commission via the secure and encrypted system referred to in Article 12(4) on: (i) the extent to which it took due account of the Commission opinion; or (ii) the reason for its disagreement with the Commission opinion.
Amendment 179 #
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 totake due account of 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 shallmay organise a meeting to explain the obstacles encountered or the reasons for disagreement and shallmay 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 shallmay be invited to any meetings organised pursuant to this paragraph.
Amendment 212 #
Proposal for a regulation
Article 13 – paragraph 3 – point b a (new)
Article 13 – paragraph 3 – point b a (new)
(b a) the impact on prices of critical technologies;
Amendment 237 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 263 #
Proposal for a regulation
Annex II – point 3 – point h – indent 4
Annex II – point 3 – point h – indent 4
– Smart gGrids and energy storage, batteries