35 Amendments of Ivo BELET related to 2017/0224(COD)
Amendment 92 #
Proposal for a regulation
Recital 11
Recital 11
(11) To guide Member States and the Commission in the application of the Regulation, it is appropriate to provide a list of factors that mayshall be taken into consideration when screening foreign direct investment on the grounds of security or public order. This list will also improve transparency of the screening process for investors considering making or having made foreign direct investments in the Union. This list of factors that may affect security or public order should remain non-exhaustive.
Amendment 96 #
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 significant impact in a Member State or in the Union. This should also include the security of supply of food, including investments in agricultural land and other agricultural assets. 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 99 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 107 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Factors that mayshall be taken into consideration in the screening
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission mayshall consider the potential effects on, inter alia:
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
– critical infrastructure, including energy, transport, communications, data storage, defence industry, space or financial infrastructure, as well as sensitive facilities;
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
– critical technologies, including artificial intelligence, robotics, semiconductors, defence technology, technologies with potential dual use applications, cybersecurity, space or nuclear technology;
Amendment 136 #
Proposal for a regulation
Recital 21
Recital 21
(21) No later than threewo years after the entry into force of this Regulation, the Commission should present to the European Parliament and the Council a report on the application of this Regulation. Where the report proposes modifying the provisions of this Regulation, it may be accompanied, where appropriate, by a legislative proposal.
Amendment 138 #
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 in any case take into account whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshall maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 165 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or more Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission mayshall issue an opinion irrespective of whether other Member States have provided comments.
Amendment 169 #
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Factors that mayshall be taken into consideration in the screening
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission mayshall consider the potential effects on, inter alia:
Amendment 175 #
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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 188 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3 a (new)
Article 4 – paragraph 1 – indent 3 a (new)
– the security of supply of food, including agricultural land and other agricultural assets;
Amendment 206 #
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 intoshall in any case take utmost account of whether the foreign investor is controlled by the government of a third country, including through significant funding.
Amendment 210 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States mayshall maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 223 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States mayshould maintain, amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order, under the conditions and in accordance with the terms set out in this Regulation.
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States that maintain screening mechanisms shall provide the Commission with an annual report on the application of their screening mechanisms. For each reporting period, the report shall include in particular information on:
Amendment 233 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall screen foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 236 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 248 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Factors that mayshall be taken into consideration in the screening
Amendment 250 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In screening a foreign direct investment on the grounds of security or public order, Member States and the Commission mayshall consider at least the potential effects on, inter alia:
Amendment 250 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its security or public order, it mayshall provide comments to the Member State where the foreign direct investment is planned or has been completed. The comments shall be forwarded to the Commission in parallel.
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers that a foreign direct investment is likely to affect security or public order in one or more Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission mayshall issue an opinion irrespective of whether other Member States have provided comments.
Amendment 256 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, transport, communications, data storage networks and services, port, rail, airport, aerospace and space infrastructure, media and communications networks and services, data storage, large- scale data analysis, space or financial infrastructure, as well as sensitive facilities;
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4 a (new)
Article 4 – paragraph 1 – indent 4 a (new)
- personal, cultural and recreational services, including audio-visual, health, education, social, cultural heritage and sporting services.
Amendment 283 #
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 mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 301 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States mayshall maintain, amend or adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 327 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall evaluate and present to the European Parliament and the Council a report on the application of this Regulation no later than 32 years after its 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.
Amendment 332 #
Proposal for a regulation
Annex I – indent 6 – paragraph 1 a (new)
Annex I – indent 6 – paragraph 1 a (new)
European Defence Industrial Development Programme: Proposal for a Regulation of the European Parliament and of the Council establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EU defence industry (COM(2017)294).
Amendment 334 #
Proposal for a regulation
Annex I – indent 6 a (new)
Annex I – indent 6 a (new)
– European Defence Fund: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Launching the European Defence Fund (COM (2017)0295).
Amendment 335 #
Proposal for a regulation
Annex I – indent 6 b (new)
Annex I – indent 6 b (new)
– Permanent structured cooperation (PESCO): Council Decision establishing Permanent Structured Cooperation (PESCO) and determining the list of Participating Member States.
Amendment 337 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. The Member States shall draw up an annual public report outlining the foreign direct investments planned, undergoing screening, or completed within the scope of this regulation, taking account of the confidential nature of some information;