17 Amendments of Enikő GYŐRI related to 2024/0017(COD)
Amendment 27 #
Proposal for a regulation
Title 1
Title 1
Proposal for aREGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the screening of foreign direct investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council
Amendment 28 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 207 thereof,
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) Certain investments not covered by Regulation (EU) 2019/452 could create risks for the Union’s security and public order. In particular, this concerns certain investments carried out in Member States that do not have a screening mechanism; investments carried out in Member States that have a screening mechanism whose scope does not include certain sensitive investments; and investments that are made by foreign investors through a subsidiary established in the Union and that potentially present the same risks to security or public order as direct investments made from third countries.
Amendment 41 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 44 #
Proposal for a regulation
Recital 11
Recital 11
(11) Investments in Union targets carried out by foreign investors, including investments executed through a controlled entity in the Union, may present specific risks to security and public order in the Union and its Member States. Such investor-related risks should not be present and therefore do not need to be addressed in an investment that only involves entities where no ownership, control, connection to or influence from foreign investors is present, including when a foreign investor participates in the Union entity without a controlling stake. Avoiding any divergence in the rules applicable to the treatment of foreign investments, regardless of whether they are made from outside the Union directly or through an entity already established in the Union,. Avoiding any divergence in the rules applicable to the treatment of foreign direct investments is necessary to ensure a coherent investment screening framework and the Union control mechanism. This framework reflects the importance of protecting security and public order and is exclusively targeted at risks that may arise from investments involving foreign entities. Therefore, Member States should ensure at least the screening of those foreign direct investments, which relate to projects or programmes of Union interest or where the Union target is active in areas, where a foreign investment may affect security or public order in more than one Member State. Member States should also be able to screen other foreign direct investments. When they do so, such screening should also comply with the provisions of this Regulation. Transactions with no foreign direct investor involvement or in which the level of involvement does not lead to the direct or indirect control of the Union entity are not covered by this Regulation.
Amendment 47 #
Proposal for a regulation
Recital 12
Recital 12
(12) Screening foreign direct investments should be carried out in accordance with this Regulation, taking into account all factual information available and adhering to the principle of proportionality and other principles enshrined in the Treaties. Moreover, the screening of foreign investments which are carried out through subsidiaries of the foreign investor established in the Union should in all cases comply with the requirements stemming from Union law, and in particular with the Treaty provisions on freedom of establishment and free movement of capital, as interpreted in the case-law of the Court of Justice of the European Union, consistently with the objective of preserving an open and inclusive internal market. Any restrictions to the freedom of establishment and free movement of capital in the Union, including the screening and measures arising from screening, such as mitigating measures and prohibitions should be based on a genuine and sufficiently serious threat to a fundamental interest of society, and should be appropriate and necessary as set out in the case law of the Court of Justice. At the same time, when assessing the justification and proportionality of a restriction, the specificities of investments within the Union operated through a subsidiary of a foreign investor may be taken into account when assessing any restrictions on freedom of establishment or to the free movement of capital, including where appropriate in any Commission opinion adopted pursuant to this RegulationAny restrictions to the freedom of establishment and free movement of capital in the Union, including the screening and measures arising from screening, such as mitigating measures and prohibitions should be based on a genuine and sufficiently serious threat to a fundamental interest of society, and should be appropriate and necessary as set out in the case law of the Court of Justice. This should be done taking into account the integration of Member State schemes into a Union-wide cooperation mechanism.
Amendment 50 #
Proposal for a regulation
Recital 16
Recital 16
(16) Foreign investments that create or maintain lasting and direct links between investors from third countries (including state bodies) and Union targets carrying out an economic activity in a Member State should fall within the scope of this Regulation. This should apply where those investments are directly carried out from third countries or by a Union entity with foreign control. However, the framework should not cover the acquisition of company securities intended purely for financial investment without any intention to influence the management and control of the undertaking (portfolio investments). Restructuring operations within a group of companies or a merger of more than one legal entities into a single legal entity do not constitute a foreign investment, provided that there is no increase in the shares held by foreign investors, or the transaction does not result in additional rights that may lead to a change in the effective participation of one or more foreign investors in the management or control of a Union target.
Amendment 63 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the likely effect of a foreign direct 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 give such comments or opinion utmostdue consideration, including where it considers that its own security or public order is not affected. The Member State should coordinate with the Commission and the Member States concerned if necessary and provide them with written feedback on the decision taken and how the comments and the opinion have been given utmost consideration. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completed.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a Union framework for the screening, by Member States, of foreign direct investments in their territory, on the grounds of security or public order.
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may adopt, amend or maintain in force national provisions in fields not coordinated byfor the screening of foreign direct investment in their territory on the grounds of security or public order in accordance with this Regulation. No provision of this Regulation shall limit the right of each Member State to adopt, amend or maintain in force national provisions that go beyond the minimum requirements set out in this Regulation.
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign direct investments where the Union target established in their territory is economically active in the development, production or commercialisation of:
Amendment 109 #
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) is part of or participates in one of the projects or programmes of Union interest listed in Annex I, including as a recipient of funds as defined in Article 2 paragraph 53 of Regulation 2018/1046 of the European Parliament and of the Council19 , or _________________ 19 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1–222, ELI: http://data.europa.eu/eli/reg/2018/1046/oj ).tems listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council (common list of dual-use items subject to export controls),
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) is economically active in one of the areas listed in Annex IIequipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment (Common Military List of the European Union).
Amendment 126 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 128 #
Proposal for a regulation
Article 7 – paragraph 8 – point b
Article 7 – paragraph 8 – point b
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9