Activities of Christofer FJELLNER related to 2017/0224(COD)
Plenary speeches (1)
Framework for screening of foreign direct investments into the European Union (debate) SV
Amendments (17)
Amendment 77 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) A strong economy based on open markets, creating an entrepreneurial climate fostering innovations, global leadership and growth is the best base for security, integrity and sovereignty. Foreign investments contribute not only to European growth but also to European leadership in respect of innovations, research and science. When foreign actors invest in innovation and research in Europe, they are investing in Europe's future strength and capacities. Protectionism makes Europe weaker, open markets make Europe stronger. This doesn’t prevent some investments from certain actors being of a kind in respect of whish Europe needs to be vigilant in order to hinder threats to its security, integrity and sovereignty.
Amendment 79 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union and the Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union ('TFEU') and embedded in the international commitments undertaken by the Union and its Member States with respect to foreign direct investment. Such openness to foreign investment must be maintained regardless of restrictions on outward investment by the Union in certain countries.
Amendment 85 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to the international commitments undertaken in the World Trade Organisation, the Organisation for Economic Cooperation and Development, and in the trade and investment agreements concluded with third countries, the Union and Members States may adopt restrictive measures relating to foreign direct investment only on the grounds of security or public order, subject to certain requirements.
Amendment 97 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The fact that non-direct investment does not fully fall within the field of common commercial policy has been clarified by the Court of Justice in its Opinion of 16 May 2017 1a. _________________ 1a Opinion 2/2015 of the Court of Justice of 16 May 2017 (OJ C 239, 24.7.2017, p. 3).
Amendment 116 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broadnecessary range of investments which establish or maintain lasting and direct links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 117 #
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. Hence, screening mechanisms should not be applied against investments originating from other Member States.
Amendment 156 #
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 and shall be amended through the ordinary legislative procedure.
Amendment 183 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Member States shall, in accordance with Article 346 TFEU, not be obliged to disclose information that it considers contrary to the essential interest of its security as part of any obligation in this Regulation. The Commission and the Member States shall refrain from requesting such information from a Member State.
Amendment 193 #
Proposal for a regulation
Recital 22
Recital 22
(22) The implementation of this Regulation by the Union and the Member States should comply with the relevant requirements for the imposition of restrictive measures based on grounds of security or public order stipulated in EU law, in the Agreement on the European Economic Area (EEA Agreement), in the WTO Agreement (including in particular Article XIV(a) and Article XIV bis of the GATS) and in other trade and investment agreements or arrangements to which the Union or Member States are parties. Special consideration should be had to ensure that the free flow of capital in the internal market is not restricted for members of the European Economic Area.
Amendment 204 #
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 foreign investor aiming to establish or to maintain lasting and direct links between the 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 Statethe territory of a Member State or in its Exclusive Economic Zone declared pursuant to the United Nations Convention on the Law of the Sea (UNCLOS), including investments which enable effective participation in the management or control of a company carrying out an economic activity;
Amendment 217 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States may maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order,. Screening may be undertaken if necessary to protect security or to maintain public order and shall be done under the conditions and in accordance with the terms set out in this Regulation.
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screen foreign direct investments that it can justify are likely to affect projects or programmes of Union interest on the grounds of security orif necessary to protect security or to maintain public order.
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Without prejudice to Article 346 TFEU, Member States shall not use screening mechanisms to screen investments from investors from another Member State, except when exercised as a measure to avoid circumvention according to Article 5.
Amendment 263 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, media, transport, communications, data storage, space or financial infrastructure, infrastructure for elections as well as sensitive facilities;
Amendment 292 #
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 foreign investor is directly or indirectly controlled by the government of a third country, including through significant funding.
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States' screening mechanisms shall be transparent and not discriminate between third countries unless an international agreement with a third country provides for special procedural provisions regarding screening. In particular, Member States shall set out the circumstances triggering the screening, the grounds for screening and the applicable detailed procedural rules.
Amendment 384 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6 a. If one third of Member States consider, in accordance with paragraphs 1 to 4, that a foreign direct investment would damage their security or public order, the Commission shall mediate between the Member States having issued an opinion and the Member State in which the foreign direct investment is planned or has been completed before a final screening decision is taken. The Member State where the foreign direct investment is planned or has been completed shall take utmost account of the opinions of the other Member States and any opinion of the Commission and provide an explanation to the Commission in case those opinions are not followed in the course of such mediation. Such mediation shall be completed within 25 days following the receipt of the information referred to in paragraph 5.