41 Amendments of Yannick JADOT related to 2017/0224(COD)
Amendment 127 #
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, public services and the media, 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. 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, whether the third country effectively implements international human rights law, humanitarian law, the Santiago Principles for Sovereign Wealth Funds, or whether the foreign direct investment could lead to a monopolistic structure.
Amendment 138 #
Proposal for a regulation
Recital 13
Recital 13
(13) It is appropriate to lay down the essential elements of the procedural framework for the screening of foreign direct investment by Member States to allow investors, the Commission and other Member States to understand how such investments are likely to be screened and to ensure that these investments are screened in a transparent manner and that they are non-discriminatory between third countries. Those elements should at least include the establishment of timeframes for the screening and the possibility for foreign investors to seek judicial redress of screening decisions. It is also appropriate that Member States allow trade unions to request the activation of their national screening mechanism.
Amendment 148 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables Member States to cooperate and assist each other where a foreign direct investment in one Member State may affect the security or public order of other Member States should be set up. Member States should be able to provide comments to a Member State in which the investment is planned or has been completed, irrespective of whether the Member States providing comments or the Member States in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment. The comments of Member States should also be forwarded tobe transmitted through the Commission. The Commission should also have the possibility, where appropriate, to issue an opinion to the Member State in which the investment is planned or has been completed, irrespective of whether this Member State maintains a screening mechanism or is screening the investment and irrespective of whether other Member States have provided comments.
Amendment 154 #
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. It should be possible for trade unions to request the Commission to screen foreign direct investments affecting projects and programmes of Union interest.
Amendment 159 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) It should be possible for the European Parliament to request from the Commission the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission should take utmost account of the European Parliament’s position and should provide an explanation where such requests are denied.
Amendment 165 #
Proposal for a regulation
Recital 16
Recital 16
(16) 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 should have the possibility to address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take utmost account of the opinion and provide an explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States the information necessary for its screening of such investment.
Amendment 173 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission, Member States should notify their screening mechanisms and any amendment thereto to the Commission, and should report on the application of their screening mechanisms on a regular basis. For the same reason, Member States that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory, on the basis of the information available to them.
Amendment 184 #
Proposal for a regulation
Recital 19
Recital 19
(19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact points for the screening of foreign direct investments in each Member State, as well as through the establishment of an Investment Screening Coordination Group. The Group should be formed of representatives of each Member State and may serve as a platform to exchange views and information, to assist each other on foreign direct investment and to discuss issues pertaining to the Union inward foreign direct investment policy.
Amendment 189 #
Proposal for a regulation
Recital 21
Recital 21
(21) No later than three years after the entry into force of this Regulation and every three years thereafter, 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. This Regulation should enter into force on ... [six months after the day of publication on the Official Journal of the European Union] in order to allow Member States to amend their national screening mechanisms where necessary and appropriate.
Amendment 192 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) In order to amend or supplement non-essential elements of the provisions of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the list of the projects and programmes of Union interest referred to in Article 3(3) and listed in Annex I. It is of particular importance that the Commission carry 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-Making. 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.
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screenshall review foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of security or public order.
Amendment 240 #
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 substantial amount or a significant share of EU funding under current and future Multiannual Financial Frameworks, 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 247 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 13a in order to amend projects and programmes listed in Annex I.
Amendment 260 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, including energy, transport, communications and energy security, water, transport, communications and the media, social services such as health, education or social security, data storage, space or financial infrastructure, as well as sensitive facilities;
Amendment 270 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologies, including artificial intelligence, robotics, semiconductors, medical technologies, technologies with potential dual use applications, cybersecurity, defence, space or nuclear technology;
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
- the security of supply of critical inputs, agriculture and rural land; or
Amendment 287 #
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 directly or indirectly controlled by the government of a third country, including through significant funding, and whether the third country effectively implements international human rights law, humanitarian law, is in compliance with relevant international arm control norms such as the Arms Trade Treaty, or whether it abides by the Santiago Principles for Sovereign Wealth Funds. The Member States and the Commission shall equally take into account whether the foreign direct investment could lead to a monopolistic structure.
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Trade unions may be allowed to request to the competent authorities of the Member States the activation of their screening mechanisms.
Amendment 322 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Notification by Member States of screening mechanisms and annual reporting
Amendment 325 #
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 every two years 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 328 #
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) screening decisions regarding projects and programmes of Union interest;
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shall provide the Commission with an annual report covering foreign directs investments that took place in their territory, on the basis of information available to them.
Amendment 348 #
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 may provide comments to the Commission. The Commission shall collect all comments received and share them with the Member State where the foreign direct investment is planned or has been completed. The comments shall be forwarded to the Commission in parallel as well as with all other Member States.
Amendment 359 #
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 may issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. Such opinion shall also be shared with all other Member States. The Commission may issue an opinion irrespective of whether other Member States have provided comments.
Amendment 364 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission or aA Member State which duly considers that a foreign direct investment is likely to affect its security or public order may requestaddress a request to the Commission to receive from the Member State where the foreign direct investment is planned or has been completed, any information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3. When the activation of a screening mechanism is notified under paragraph 1, Member States have 5 working days to address a request for information to the Commission. The Commission shall collect all requests for information received and immediately share them with the Member State where the foreign direct investment is planned or has been completed, as well as with other Member States. The Commission may also request, on its own initiative, information necessary to issue the opinion referred to in paragraph 3. Additionally, the Commission may request the matter to be discussed in the framework of the Investment Screening Coordination Group referred to in Article 12a.
Amendment 373 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Comments pursuant to paragraphs 2 or opinions pursuantshall be addressed to the Commission within a reasonable period of time, and in any case no later than 20 working days following receipt of the information referred to in paragraph 3 shall be addressed tos 1 or 4. The Commission has then 5 working days to share all comments received with the Member State where the foreign direct investment is planned or has been completed within a reasonable period of time, and in any case no later t. The Commission hans 25 working days following receipt of the informatto address the opinion referred to in paragraphs 1 or 4. I 3 and in cases where the opinion of the Commission follows comments from other Member States, the Commission shall have 25 additional working days for issuing the opinion.
Amendment 380 #
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and to the opinion of the Commission referred to in paragraph 3, as well as to comments expressed within the framework of the Investment Screening Coordination Group as referred to in paragraph 4.
Amendment 385 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Cooperation between Member States pursuant to this Article shall take place through the Investment Screening Coordination Group referred to in Article 12a and the contact points referred to in Article 12.
Amendment 389 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 399 #
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 402 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Trade Unions shall have the possibility to request the Commission to screen foreign direct investments affecting projects and programmes of Union interest.
Amendment 403 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. The European Parliament may request the activation of the cooperation mechanism for projects and programmes of Union interest on grounds of security or public order. The Commission shall take utmost account of the European Parliament’s position and provide an explanation in case that is not taken into account.
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Member States where the foreign direct investment is planned or has been completed shall take utmost account of the Commission's opinion and provide an explanation to the Commission in case its opinion is not followed. The Commission shall share such explanation with the other Member States.
Amendment 454 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Investment Screening Coordination Group 1. An Investment Screening Coordination Group chaired by a representative of the Commission shall be set up. Each Member State shall appoint a representative to this group. 2. The group may exchange views and information on any foreign direct investment that is undergoing screening within the framework of Member States’ screening mechanisms and for which a cooperation mechanism has been activated under Articles 8 or 9. 3. At the request of a Member State or on its own initiative, the Commission may put on the agenda investments planned in Member States that do not maintain screening mechanisms. 4. The Group may also discuss any issue pertaining to the inward foreign investment policy of the Union. 5. The Commission shall submit to the European Parliament a written annual report on the activities, examinations and exchange of views of the Investment Screening Coordination Group.
Amendment 457 #
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 3 years after its entry into force and every three years thereafter. Member States shall be involved in this exercise and shall provide the Commission with necessary information for the preparation of that report.
Amendment 460 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to Article 3(3a) shall be conferred on the Commission for a period of five years from ... [date of the entry into force of this Regulation]. 3. The delegation of power referred to in Article 3(3a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 462 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
This Regulation shall enter into force six mon the twentieth days following thate day of its publication in the Official Journal of the European Union.
Amendment 463 #
Proposal for a regulation
Annex I – indent 3 a (new)
Annex I – indent 3 a (new)
- Joint technology initiatives of the Union including: Fuel Cells and Hydrogen, Aeronautics and Air Transport, Innovative Medicines Initiative, Electronic Components and Systems for European Leadership, Bio- based Industries, Shift2Rail, Single European Sky (SESAR).
Amendment 465 #
Proposal for a regulation
Annex I – indent 6 a (new)
Annex I – indent 6 a (new)
- Connecting Europe Facility: Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010.
Amendment 467 #
Proposal for a regulation
Annex I – indent 6 b (new)
Annex I – indent 6 b (new)
- European Defence Industrial Development Programmes: a) European Defence Industrial Development Programme, and b) European Defence Research programme/European Defence Fund- European Commission Decision on the financing of the Preparatory Action on Defense Research (PADR).
Amendment 468 #
Proposal for a regulation
Annex I – indent 6 c (new)
Annex I – indent 6 c (new)
- European Fund for Strategic Investments: Regulation (EU) 2015/1017of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU)No 1316/2013; Regulation of the European Parliament and of the Council amending Regulations (EU) No1316/2013 and (EU) 2015/1017as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub.