2024/0017(COD) Screening of foreign investments in the Union
Next event: Vote scheduled in committee, 1st reading 2025/03/20
Lead committee dossier:
Next event: Vote scheduled in committee, 1st reading 2025/03/20
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | INTA |
GLUCKSMANN Raphaël ( S&D)
|
TORSELLI Francesco ( ECR)
|
| Former Responsible Committee | INTA |
MARQUES Margarida ( S&D)
|
|
| Committee Opinion | ECON |
FERBER Markus ( EPP)
|
|
| Committee Opinion | ITRE |
PIERA Pascale ( PfE)
|
|
| Committee Opinion | IMCO |
HAHN Svenja ( Renew)
|
|
| Committee Opinion | TRAN |
FERBER Markus ( EPP)
|
|
| Former Committee Opinion | ECON | ||
| Former Committee Opinion | ITRE | ||
| Former Committee Opinion | IMCO | ||
| Former Committee Opinion | TRAN |
Lead committee dossier:
Legal Basis:
RoP 57_o, TFEU 207, TFEU 114
Legal Basis:
RoP 57_o, TFEU 207, TFEU 114Events
2025/03/20
Vote scheduled in committee, 1st reading
2024/12/09
European Parliament - Amendments tabled in committee
Documents
2024/12/06
European Parliament - Amendments tabled in committee
Documents
2024/12/05
European Parliament - Amendments tabled in committee
Documents
2024/11/20
Committee of the Regions: opinion - CofR
Documents
2024/11/13
EP - Committee referral announced in Parliament, 1st reading
2024/09/30
EP - GLUCKSMANN Raphaël (S&D) appointed as rapporteur in INTA
2024/09/18
EP - HAHN Svenja (Renew) appointed as rapporteur in IMCO
2024/09/16
EP - FERBER Markus (EPP) appointed as rapporteur in TRAN
2024/09/12
EP - FERBER Markus (EPP) appointed as rapporteur in ECON
2024/09/11
EP - PIERA Pascale (PfE) appointed as rapporteur in ITRE
2024/07/10
Economic and Social Committee: opinion, report - ESC
Documents
2024/05/15
IT_CHAMBER - Contribution
Documents
2024/04/25
EP - Committee referral announced in Parliament, 1st reading
2024/04/25
EP - Referral to associated committees announced in Parliament
2024/04/09
ES_PARLIAMENT - Contribution
Documents
2024/02/19
EP - MARQUES Margarida (S&D) appointed as rapporteur in INTA
2024/01/25
European Commission - Document attached to the procedure
Documents
2024/01/25
European Commission - Document attached to the procedure
Documents
2024/01/24
European Commission - Legislative proposal
Details
PURPOSE: improve the protection of EU security and public order by proposing improved screening of foreign investment into the EU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EU) 2019/452 of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments (FDIs) into the Union was adopted in 2019 and entered into application on 11 October 2020. It responded to growing concerns about certain foreign investors seeking to acquire control of EU firms that provide critical technologies, infrastructure or inputs, or hold sensitive information, and whose activities are critical for security or public order at EU level. The aim of the Regulation was to help identify and address security or public order risks related to FDIs that affect at least two Member States or the EU as a whole, because the high degree of integration of the internal market means that an FDI in an EU company may create a risk beyond the borders of the Member State hosting the FDI.
Since the adoption of the Regulation, the issue of security and public order has grown in importance . The COVID-19 pandemic, Russia’s war of aggression against Ukraine and other geopolitical tensions have underlined the need to be able to identify risks to, and better protect EU critical assets from, certain investments . This has also contributed to the significant increase in the number of Member States adopting a national screening mechanism , and in the expansion by some Member States in the number of sectors subject to screening. However, a significant share of FDIs in the EU still goes to Member States that do not have a screening mechanism and this leaves vulnerabilities because potentially critical FDIs remain undetected.
CONTENT: the proposed regulation revises and improves the cooperation mechanism between the Member States and the Commission created by Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments (FDIs) into the Union. The new rules aim to improve the EU’s ability to detect foreign investments likely to negatively affect security or public order .
The main provisions of the proposal are as follows:
National screening mechanisms
The proposal contains rules for national screening mechanisms. Member States are required to set up and maintain a screening mechanism that complies with the requirements of the proposed regulation and to notify this mechanism to the Commission. Based on these notifications, the Commission is required to publish a list of national screening mechanisms. The mechanisms are required to cover at least (i) investments in EU companies participating in projects or programmes of EU interest; and (ii) investments in EU companies active in areas of particular importance for the security or public order interests of the EU.
Cooperation mechanism
Provisions are set out for a cooperation mechanism allowing Member States and the Commission to exchange information and suggest measures if a foreign investment is likely to negatively affect security or public order in more than one Member State, or through a project or programme of Union interest.
The Commission is allowed to issue an opinion to the Member State where the foreign investment takes place if it considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State, or projects or programmes of Union interest on grounds of security or public order.
The proposal also provides rules for Member States and the Commission for the determination of a foreign investment’s likely impact on security or public order and for Member States’ screening decisions.
Transparency
To ensure the transparency of screening mechanisms and the EU cooperation on foreign investment screening, the proposal requires Member States to report annually to the public about their screening activities and screening decisions by publishing aggregated and anonymised information. The Commission is also required to publish an annual report about the implementation of the regulation.
Lastly, the proposal includes annexes that provide a list of projects and programmes of Union interest as well as the technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union.
Budgetary implications
In order to effectively achieve the objectives of this initiative, it is necessary to finance a number of actions at Commission level. The annual human resources expenditure will amount to approximately EUR 5.162 million per year, which is intended to provide for a total number of 29 officials in the Commission. Other administrative expenses are related to the reimbursement of Member States’ travel costs to the meetings of the expert group and committee. These costs are projected to amount to EUR 0.032 million per year. Operational expenditure, which will be used to finance the necessary IT infrastructure to support the direct cooperation between the Commission and Member States through secure channels of communication will reach approximately EUR 0.25-0.29 million per year. The Commission intends to launch an external study with a budget of EUR 0.25 million to support its assessment of Member States’ compliance after the end of the transitional period. Lastly, the Commission will consider launching a second study to support the 5-year evaluation of the proposed regulation by the Commission.
Legislative proposal
Documents
2024/01/24
EC - Legislative proposal published
Details
PURPOSE: improve the protection of EU security and public order by proposing improved screening of foreign investment into the EU.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EU) 2019/452 of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments (FDIs) into the Union was adopted in 2019 and entered into application on 11 October 2020. It responded to growing concerns about certain foreign investors seeking to acquire control of EU firms that provide critical technologies, infrastructure or inputs, or hold sensitive information, and whose activities are critical for security or public order at EU level. The aim of the Regulation was to help identify and address security or public order risks related to FDIs that affect at least two Member States or the EU as a whole, because the high degree of integration of the internal market means that an FDI in an EU company may create a risk beyond the borders of the Member State hosting the FDI.
Since the adoption of the Regulation, the issue of security and public order has grown in importance . The COVID-19 pandemic, Russia’s war of aggression against Ukraine and other geopolitical tensions have underlined the need to be able to identify risks to, and better protect EU critical assets from, certain investments . This has also contributed to the significant increase in the number of Member States adopting a national screening mechanism , and in the expansion by some Member States in the number of sectors subject to screening. However, a significant share of FDIs in the EU still goes to Member States that do not have a screening mechanism and this leaves vulnerabilities because potentially critical FDIs remain undetected.
CONTENT: the proposed regulation revises and improves the cooperation mechanism between the Member States and the Commission created by Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments (FDIs) into the Union. The new rules aim to improve the EU’s ability to detect foreign investments likely to negatively affect security or public order .
The main provisions of the proposal are as follows:
National screening mechanisms
The proposal contains rules for national screening mechanisms. Member States are required to set up and maintain a screening mechanism that complies with the requirements of the proposed regulation and to notify this mechanism to the Commission. Based on these notifications, the Commission is required to publish a list of national screening mechanisms. The mechanisms are required to cover at least (i) investments in EU companies participating in projects or programmes of EU interest; and (ii) investments in EU companies active in areas of particular importance for the security or public order interests of the EU.
Cooperation mechanism
Provisions are set out for a cooperation mechanism allowing Member States and the Commission to exchange information and suggest measures if a foreign investment is likely to negatively affect security or public order in more than one Member State, or through a project or programme of Union interest.
The Commission is allowed to issue an opinion to the Member State where the foreign investment takes place if it considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State, or projects or programmes of Union interest on grounds of security or public order.
The proposal also provides rules for Member States and the Commission for the determination of a foreign investment’s likely impact on security or public order and for Member States’ screening decisions.
Transparency
To ensure the transparency of screening mechanisms and the EU cooperation on foreign investment screening, the proposal requires Member States to report annually to the public about their screening activities and screening decisions by publishing aggregated and anonymised information. The Commission is also required to publish an annual report about the implementation of the regulation.
Lastly, the proposal includes annexes that provide a list of projects and programmes of Union interest as well as the technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union.
Budgetary implications
In order to effectively achieve the objectives of this initiative, it is necessary to finance a number of actions at Commission level. The annual human resources expenditure will amount to approximately EUR 5.162 million per year, which is intended to provide for a total number of 29 officials in the Commission. Other administrative expenses are related to the reimbursement of Member States’ travel costs to the meetings of the expert group and committee. These costs are projected to amount to EUR 0.032 million per year. Operational expenditure, which will be used to finance the necessary IT infrastructure to support the direct cooperation between the Commission and Member States through secure channels of communication will reach approximately EUR 0.25-0.29 million per year. The Commission intends to launch an external study with a budget of EUR 0.25 million to support its assessment of Member States’ compliance after the end of the transitional period. Lastly, the Commission will consider launching a second study to support the 5-year evaluation of the proposed regulation by the Commission.
Legislative proposal
Documents
Documents
- Amendments tabled in committee: PE766.804
- Amendments tabled in committee: PE766.797
- Amendments tabled in committee: PE766.764
- CofR: CDR3403/2024
- ESC: CES1434/2024
- Contribution: COM(2024)0023
- Contribution: COM(2024)0023
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2024)0024
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2024)0023
- Legislative proposal: COM(2024)0023
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2024)0023
- Legislative proposal published: Go to the page Eur-Lex
- Amendments tabled in committee: PE766.764
- Amendments tabled in committee: PE766.797
- Amendments tabled in committee: PE766.804
- Legislative proposal: COM(2024)0023 Go to the pageEur-Lex
- Document attached to the procedure: Go to the pageEur-Lex SWD(2024)0024
- Document attached to the procedure: Go to the pageEur-Lex SWD(2024)0023
- Contribution: COM(2024)0023
- Contribution: COM(2024)0023
- ESC: CES1434/2024
- CofR: CDR3403/2024
| Amendments | Dossier |
| 412 |
2024/0017(COD)
2024/12/05
ECON
180 amendments...
Amendment 100 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order, according to the case-law of the Court of Justice of the EU. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 101 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine, without undue delay, whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 102 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures to identify and prevent circumvention of the screening mechanism and screening decisions. Such a procedure may also include mechanisms aimed at consulting the regional authorities concerned by the foreign investment;
Amendment 103 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 1
Amendment 104 #
Proposal for a regulation Article 4 – paragraph 2 – point i a (new) (i a) the screening authority shall identify the beneficial owners of the investment screened. It shall put in place adequate procedures for this purpose in accordance with Regulation (EU) 2024/1624 of the European Parliament and of the Council. The screening authority shall report to the relevant entities in charge of central registers established under Article 10 of Directive (EU) 2024/1640 of the European Parliament and of the Council any discrepancies it finds between the information available in the central registers and the beneficial ownership information it collects, if such information falls within the scope of the registers.
Amendment 105 #
Proposal for a regulation Article 4 – paragraph 2 – point i b (new) (i b) the screening authority shall put in place adequate procedures and channels to receive and follow-up on requests for investment screening by employee organizations operating in sectors affected by foreign investment. The request shall include a statement of reasons as to whether the investment is likely to have a negative impact on security and public order, taking into account the criteria set out in Article 13(3) and (4).
Amendment 106 #
Proposal for a regulation Article 4 – paragraph 3 3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall inform the applicant requesting an authorisation at the earliest possible and state the reasons on which they intend to take their decision, subject to the protection of information the disclosure of which would be contrary to the security or public order interests of the EU or one or more of the Member States and without prejudice to Union and national law concerning the protection of confidential information. Member States shall give the foreign investor the opportunity to make their views known before taking such decision.
Amendment 107 #
Proposal for a regulation 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 108 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target is established or is to be established in their territory:
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) i
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 4 – point a a (new) (a a) Given the broad scope of many European projects, and to avoid excess administrative burden, Member States can consider imposing a threshold for the screening of EU-projects listed in Annex I.
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b)
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 4 – subparagraph 1 (new) The first subparagraph shall not apply where the investment takes place by virtue of the application of a resolution tool according to Directive 2014/59/EU of the European Parliament and of the Council, and by Regulations (EU) No 1093/2010, (EU) No 648/2012, and (EU) No 806/2014 of the European Parliament and of the Council or Regulation (EU) 2021/23 of the European Parliament and of the Council
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 4 – point b a (new) (b a) is subject to a transaction involving a foreign investor linked to a country identified in either Annex I or Annex II of the list of non-cooperative jurisdictions for tax purposes;
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 4 – point b b (new) (b b) is subject to a transaction involving a foreign investor linked to a sanctioned country, at the time of the transaction;
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where such investments originate from offshore jurisdictions, jurisdictions listed on the Union list of non-cooperative jurisdictions for tax purposes and jurisdictions identified as third countries with significant strategic deficiencies in their national AML/CFT regimes in accordance with Article 29 of Regulation (EU) 2024/1624 of the European Parliament and of the Council.
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 4 b (new) 4 b. For the purpose of implementing the requirements set out in paragraph 4a, Member States shall establish the criteria for the identification of offshore jurisdictions, taking into account the degree of financial secrecy, the lack of effective exchange of information, the application of no or low effective tax rates and the absence of a requirement for substantial activities.
Amendment 117 #
Proposal for a regulation Article 5 – paragraph 1 – introductory part 1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in a Union target established or is to be established in their territory that:
Amendment 118 #
Proposal for a regulation Article 5 – paragraph 1 – point a (a) meets the conditions set out in Article 4(4) point (a), or Article 4(4) point (ba), or Article 4(4) point (bb); or
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 2 2. Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify, at the earliest possible, the Commission and the other Member States of any foreign investment in a Union target established in their territory, in exceptional cases, where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.
Amendment 120 #
Proposal for a regulation Article 5 – paragraph 2 2. Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or is to be established in their territory where they initiate an in- depth investigation under their screening procedures. Furthermore, Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or is to be established in their territory, in exceptional cases, where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.
Amendment 121 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established or is to be established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Amendment 122 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point a (a) considers that a foreign investment is likely to negatively affect its security or public order, according to the case-law of the Court of Justice of the EU; or
Amendment 123 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – introductory part The Commission
Amendment 124 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) it considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State, according to the case-law of the Court of Justice of the EU;
Amendment 125 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1 it considers that such a foreign investment is likely to negatively affect projects or programmes of Union interest on grounds of security or public order, according to the case-law of the Court of Justice of the EU;
Amendment 126 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 127 #
Proposal for a regulation Article 7 – paragraph 3 3. The Commission
Amendment 128 #
Proposal for a regulation Article 7 – paragraph 8 – point b Amendment 129 #
Proposal for a regulation Article 7 – paragraph 9 Amendment 130 #
Proposal for a regulation 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 to 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 shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall 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 shall be invited to any meetings organised pursuant to this paragraph. If the Commission decides that its opinions have still not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue another opinion with recommendations how to address the identified risks. Such an opinion shall have a binding effect.
Amendment 131 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point a (a) where a Member State reserves its right to issue comments on a notified foreign investment without requesting additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 3
Amendment 132 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point c (c) where a Member State reserves its right to issue comments on a notified foreign investment and requests additional information from the notifying Member State, the respective comments shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than
Amendment 133 #
Proposal for a regulation Article 8 – paragraph 9 Amendment 134 #
Proposal for a regulation Article 9 – paragraph 1 1. A Member State that considers that a foreign investment in the territory of another Member State which has not been notified to the cooperation mechanism is likely to negatively affect its security or public order,
Amendment 135 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. Prior to opening the own initiative procedure, the Member State shall clearly document the grounds of potential risks. These risks shall be limited to the proper functioning of public order and national security.
Amendment 136 #
Proposal for a regulation Article 9 – paragraph 2 2. Member States shall be granted at least 1
Amendment 137 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 138 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 139 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission shall be granted at least
Amendment 140 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission shall be granted at least 1
Amendment 141 #
Proposal for a regulation Article 9 – paragraph 5 5. The Member States
Amendment 142 #
Proposal for a regulation Article 9 – paragraph 6 6. The Member State where the investment is planned or completed shall provide the complete information requested by the other Member States
Amendment 143 #
Proposal for a regulation Article 9 – paragraph 7 – introductory part 7. Following receipt of information referred to in paragraph 6, Member States may provide comments
Amendment 144 #
Proposal for a regulation Article 9 – paragraph 7 – point a (a) the comments by Member States
Amendment 145 #
Proposal for a regulation Article 9 – paragraph 7 – point a (a) the comments by Member States or the opinion by the Commission shall be sent no later than 3
Amendment 146 #
Proposal for a regulation Article 9 – paragraph 7 – point b Amendment 147 #
Proposal for a regulation Article 10 – paragraph 7 Amendment 148 #
Proposal for a regulation Article 13 – paragraph 1 1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly
Amendment 149 #
Proposal for a regulation Article 13 – paragraph 2 2. The Commission shall determine, for the purpose of issuing a duly motivated opinion pursuant to Article 7(2) or (3) or Article 9(7), whether it considers a foreign investment to be likely to negatively affect security or public order, without undermining the need to maintain an open and welcoming regime for investment into the Union, fully compatible with Union law and international commitments.
Amendment 150 #
Proposal for a regulation Article 13 – paragraph 3 – point a a (new) (a a) the geopolitical situation;
Amendment 151 #
Proposal for a regulation Article 13 – paragraph 3 – point c a (new) (c a) the capacity of a Member State or the Union to acquire or maintain equipment or systems that are necessary for defence purposes;
Amendment 152 #
Proposal for a regulation Article 13 – paragraph 3 – point c b (new) (c b) the Union's strategic autonomy, considered via the total market share held by non-foreign investors of the specific sector;
Amendment 153 #
Proposal for a regulation Article 13 – paragraph 3 – point d (d) the protection of sensitive information, including personal data, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such personal data
Amendment 154 #
Proposal for a regulation Article 13 – paragraph 3 – point e (e) the freedom and pluralism of the media, rule of law, human rights and democratic values including online platforms that can be used for large scale disinformation or criminal activities
Amendment 155 #
Proposal for a regulation Article 13 – paragraph 3 – point e (e) the freedom and pluralism of the media, education and academia, including online platforms that can be used for large scale disinformation or criminal activities.
Amendment 156 #
Proposal for a regulation Article 13 – paragraph 3 – point e a (new) (e a) the availability of adequate and affordable social infrastructure including housing.
Amendment 157 #
Proposal for a regulation Article 13 – paragraph 3 – point e a (new) (e a) the continuity of public services such as healthcare and education, or
Amendment 158 #
Proposal for a regulation Article 13 – paragraph 3 – point e b (new) (e b) the protection of the financial and economic stability of the Union.
Amendment 159 #
Proposal for a regulation Article 13 – paragraph 4 – point d (d) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, or any of its subsidiaries has engaged in illegal or criminal activities, including the circumvention of Union restrictive measures pursuant to Article 215 TFEU, or in non-cooperative or harmful tax practices;
Amendment 160 #
Proposal for a regulation Article 13 – paragraph 4 – point d (d) whether the foreign investor or any of its subsidiaries has engaged in illegal or criminal activities, including the circumvention of Union restrictive measures pursuant to Article 215 TFEU, tax evasion and money laundering;
Amendment 161 #
Proposal for a regulation Article 13 – paragraph 4 – point e a (new) (e a) whether the foreign investor or any of the subsidiaries of the foreign investor do not respect core labour and environmental standards in their domestic or foreign operations;
Amendment 162 #
Proposal for a regulation Article 13 – paragraph 4 a (new) 4 a. If the foreign investor is linked to a third country deemed, under the scope of Regulation 2023/2675, to seek either preventing or obtaining the cessation, modification or adoption of a particular act by the Union or a Member State, thereby interfering in the legitimate sovereign choices of the Union or a Member State, an automatic determination of negative impact on security and public order shall apply.
Amendment 163 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – introductory part Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or an opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States or in the Union, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Amendment 164 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment, as well as the need to maintain an open regime for investment into the Union.
Amendment 165 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 a (new) The screening decision must be timely and clearly communicated to the foreign investor, guaranteeing the possibility to seek judicial recourse against that screening decision.
Amendment 166 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Member State where the foreign investment is planned or completed considers that other measures pursuant to Union or national law are available and appropriate to address the foreign investment’s effect on security and public order, the foreign investment shall be authorised
Amendment 167 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2 a. When the foreign investment does not comply with the mitigating measures provided in a screening decision, the Member State may, without prejudice to other administrative, financial, or criminal provisions provided for by its national law: (a) withdraw the authorisation granted to a foreign investment; (b) add additional mitigating measures; (c) impose a financial sanction; (d) impose a periodic penalty payment until the mitigating measures are complied with. When the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation that has not complied with the mitigating measures, or to impose sanctions aimed at enforcing the specified mitigating measures in accordance with this paragraph, it shall notify the Member States that submitted observations on this foreign investment within a reasonable timeframe.
Amendment 168 #
Proposal for a regulation Article 14 a (new) Article14a Prohibition of investment in exchange for citizenship or residence rights 1. Member States shall prohibit any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities or other legal arrangements, donation or endowment of an activity contributing to the public good and contributions to the state budget, if it is to be conducted in exchange for citizenship or residence rights.
Amendment 169 #
Proposal for a regulation Article 16 – paragraph 1 – point f a (new) (f a) the extent to which the Member State has consulted regional authorities (with the respective legal competences) concerned by a screening decision;
Amendment 170 #
Proposal for a regulation Article 18 – paragraph 1 1. The Commission shall evaluate the functioning and effectiveness of this Regulation 5 years after the date of application of this Regulation and every 5 years thereafter and present a report to the European Parliament and to the Council. Member States shall be involved in this exercise and, i
Amendment 171 #
Proposal for a regulation Article 18 – paragraph 1 1. The Commission shall evaluate the functioning and effectiveness of this Regulation
Amendment 172 #
Proposal for a regulation Article 18 – paragraph 1 1. The Commission shall evaluate the functioning and effectiveness of this Regulation
Amendment 173 #
Proposal for a regulation Article 18 – paragraph 1 1. The Commission shall evaluate the functioning and effectiveness of this Regulation
Amendment 174 #
Proposal for a regulation Article 18 – paragraph 1 1. The Commission shall evaluate the functioning and effectiveness of this Regulation
Amendment 175 #
Proposal for a regulation Article 18 – paragraph 1 – point i (new) (i) the Commission to be formally empowered to directly suspend or block a foreign investment;
Amendment 176 #
Proposal for a regulation Article 18 – paragraph 1 – point ii (new) (ii) an automatic determination of negative impact on security and public order;
Amendment 177 #
Proposal for a regulation Article 18 – paragraph 1 – point iii (new) (iii) expanding the scope of this Regulation to safety and resilience of food and water supplies, including agricultural land;
Amendment 178 #
Proposal for a regulation Article 18 – paragraph 2 Amendment 179 #
Proposal for a regulation Article 18 – paragraph 2 2. Where the report from the Commission recommends amendments to this Regulation, it may be accompanied by a legislative proposal, supported by an impact assessment.
Amendment 180 #
Proposal for a regulation Article 19 Amendment 181 #
Proposal for a regulation Article 19 Amendment 182 #
Proposal for a regulation Article 20 Amendment 183 #
Proposal for a regulation Article 20 Amendment 184 #
Proposal for a regulation Article 23 – paragraph 1 Regulation (EU) 2019/452 is repealed with effect from [date: 1
Amendment 185 #
Proposal for a regulation Article 23 – paragraph 1 Regulation (EU) 2019/452 is repealed with effect from [date: 1
Amendment 186 #
Proposal for a regulation Article 23 – paragraph 1 Regulation (EU) 2019/452 is repealed with effect from [date:
Amendment 187 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [date: 1
Amendment 188 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [date: 1
Amendment 189 #
Proposal for a regulation Article 24 – paragraph 2 It shall apply from [date:
Amendment 190 #
Proposal for a regulation Annex I – point 8 a (new) 8 a. Critical Raw Materials Act Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj )
Amendment 191 #
Proposal for a regulation Annex I – point 20 a (new) 20 a. The European Defence Industry Programme (EDIP) Regulation EU ( ) of the European Parliament and of the Council of ( ) implementing concrete measures identified in the European Defence Industrial Strategy (EDIS).
Amendment 192 #
Proposal for a regulation Annex I – point 20 a (new) 20a. Critical Raw Materials Act2a _________________ 2a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=OJ:L_202401252
Amendment 193 #
Proposal for a regulation Annex II – subheading 1 List of technologies, infrastructure, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union
Amendment 194 #
Proposal for a regulation Annex II – point 3 – point e – indent 5 a (new) – Operational technologies for all transport modes, such as signalling for trains, traffic management systems and safety related technologies
Amendment 195 #
Proposal for a regulation Annex II – point 3 – point e a (new) e a. Transport infrastructure and technologies: - International airports, and sea ports - Railways, inland waterways, short sea shipping routes and roads linking urban nodes, maritime and inland ports, airports and terminals that are located within the geographical scope of Regulation (EU) 2024/1679 - Railway infrastructure and related technologies - Electric propulsion technologies - Refuelling infrastructure, including electric charging infrastructure
Amendment 196 #
Proposal for a regulation Annex II – point 3 – point g – indent 4 – Secure communications including Low Earth Orbit (LEO) connec
Amendment 197 #
Proposal for a regulation Annex II – point 3 – point h – introductory part h. Energy technologies and infrastructure:
Amendment 198 #
Proposal for a regulation Annex II – point 3 – point h – indent 1 – Nuclear power plants, nuclear fusion technologies, reactors and power generation, radi
Amendment 199 #
Proposal for a regulation Annex II – point 3 – point h – indent 1 a (new) – Transmission system operators (TSO’s)
Amendment 200 #
Proposal for a regulation Annex II – point 3 – point h – indent 3 – Net-zero technologies, including photovoltaics and wind-turbines
Amendment 201 #
Proposal for a regulation Annex II – point 3 – point h – indent 4 –
Amendment 202 #
Proposal for a regulation Annex II – point 3 – point h – indent 4 a (new) – sea cables, other cross-border energy infrastructure
Amendment 203 #
Proposal for a regulation Annex II – point 5 5. The following critical entities and activities in the Union’s financial system: a) central counterparties
Amendment 204 #
Proposal for a regulation Annex II – point 5 a (new) 5 a. Critical entities identified under Directive (EU) 2022/2557 of the European Parliament and of the Council.
Amendment 205 #
Proposal for a regulation Annex II – point 5 a (new) 5a. Press outlets that are capable of influencing public opinion to a significant extent.
Amendment 206 #
Proposal for a regulation Annex II – point 5 b (new) 5b. Goods, networks and operators of services of general interest.
Amendment 27 #
Proposal for a regulation 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 Having regard to the Treaty on the Functioning of the European Union, and in particular Articles
Amendment 29 #
Proposal for a regulation Recital 1 (1) Investments in the Union contribute to its growth by improving its competitiveness, creating jobs and economies of scale, stimulating entrepreneurial drive through incentives for innovation and development of industries, and bringing in capital, technologies
Amendment 30 #
Proposal for a regulation Recital 1 a (new) (1a) Foreign investments in the Union are a vital source of capital that fosters new financial resources, new technologies, advanced business practices and access to international markets.
Amendment 31 #
Proposal for a regulation Recital 2 (2) Article 3(5) of the Treaty on European Union (TEU) specifies that the Union, in its relations with the wider world, is to uphold and promote its values and interests and contribute to the protection of its citizens. Moreover, the Union and Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union (TFEU), and
Amendment 32 #
Proposal for a regulation Recital 3 (3) However, under international commitments made in the World Trade Organization (WTO), the Organisation for Economic Cooperation and Development (OECD), and the trade and investment agreements concluded with third countries, it is possible for the Union and Members States to restrict foreign direct investments (FDIs) on the grounds of security or public order,
Amendment 33 #
Proposal for a regulation Recital 6 (6) However, a new legislative instrument is needed to strengthen the efficiency and effectiveness of Regulation (EU) 2019/452 and ensure a higher degree of harmonisation across the Union. This should be underpinned by a proper and careful impact analysis by the Regulatory Scrutiny Board, which should also include an analysis of the increased administrative burden for businesses.
Amendment 34 #
Proposal for a regulation 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
Amendment 35 #
Proposal for a regulation Recital 7 a (new) (7 a) The emphasis of this Regulation should be on a proportionate approach to the mitigation of risks, whereby the outright blocking of investments should be seen as a last-resort measure.
Amendment 36 #
Proposal for a regulation Recital 8 (8) A significant majority of Member States, but not all, have a legislative instrument in place that provides for a mechanism to screen FDIs. In many Member States, national laws also extend to screening intra-Union investments. Among the Member States, there are substantial differences as to the scope, thresholds and criteria used to assess whether an investment is likely to negatively affect security or public order. There are also differences in the screening processes. In certain Member States, the investment can be implemented before having received clearance with respect to the impact on security and public order. However, others require that the investment is only finalised after authorisation under the screening mechanism. Such divergences create a problem for the smooth functioning of the internal market. For example, they create an uneven playing field and increase compliance costs for investors seeking to notify transactions in more than one Member State. This Regulation helps in reducing divergences on key elements of the mechanisms implemented at national level. This is crucial to ensure predictability for investors on the applicable national regimes and their characteristics, thereby reducing the associated compliance costs. This is all the more relevant considering the level of integration of internal market, which may result in a single transaction impacting multiple Member States across the Union. It is for example possible that a transaction aimed to the acquisition of a target company in one Member State also affects security and public order in another Member State, due to the supply chain structure or other economic elements connecting the target with other companies based in a different Member States. In order to address these internal market problems and ensure greater consistency and predictability, it is appropriate that the criteria and elements to be used for the assessment of foreign investments are established through Union action. This Regulation should be based on the criterion that there is the probability of 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 of the European Union.
Amendment 37 #
Proposal for a regulation Recital 8 a (new) (8 a) As referred to in the European Commission's Guidance to the Member States concerning foreign direct investment and free movement of capital from third countries4a , in the early phases of the Covid-19 crisis, economic shocks have an increased risk to EU strategic assets, and may lead to a loss of critical assets and technology. Therefore, responses in crisis situations should therefore provide proper weight and caution to the potential loss of critical assets. _________________ 4a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX:52020XC0 326(03)
Amendment 38 #
Proposal for a regulation Recital 9 (9) To ensure a consistent approach to foreign investment screening across the Union, all Member States should be required to screen foreign investments on the grounds of security or public order. Therefore, the core elements of national screening mechanisms should be harmonised. That minimum harmonisation includes the scope of investments to be screened, the screening procedure’s essential features, and the interaction between the national mechanism and the Union cooperation mechanism. In addition, Member States should also be able to extend the scope of their national screening mechanism to include other types of foreign investments, foreign investments in other sectors, additional Union targets or economic activities that the relevant Member State considers critical for its security or public order. Member States should put in place a mechanism aimed at whenever possible consulting or alternatively informing the regional authorities concerned by the screening of a foreign investment. When they do so, such screening should also comply with the provisions of this Regulation.
Amendment 39 #
Proposal for a regulation Recital 9 a (new) (9a) In order to ensure more efficient management of the screening mechanisms at Union level, when an investor has already undergone a screening process or assessment in accordance with the legislation of a Member State, any additional request for information from the Commission or another Member State will have to be duly justified so as to avoid any unnecessary duplication of information.
Amendment 40 #
Proposal for a regulation Recital 9 a (new) (9 a) Whereas, in accordance with the subsidiarity principle, security and public order remain national competences. An added value can be achieved between Member States by means of coordination, sharing of best practices and relevant information together with the Commission. Especially for investments taking place in multiple Member States, this should be done on a supranational level.
Amendment 41 #
Proposal for a regulation Recital 10 Amendment 42 #
Proposal for a regulation Recital 10 (10) Regulation (EU) 2019/452 only covers FDIs made from third countries into the Union.
Amendment 43 #
Proposal for a regulation Recital 10 (10) Regulation (EU) 2019/452 only covers FDIs made from third countries into the Union. However, it is also necessary to extend the scope of the cooperation mechanism to investments made between Member States, where the investor in one Member State is controlled, directly or indirectly, by a foreign entity regardless of whether the ultimate owner is located in the Union or elsewhere. In particular, this extended scope is appropriate to ensure that any investment creating a
Amendment 44 #
Proposal for a regulation Recital 11 (11) Investments in Union targets carried out by foreign investors,
Amendment 45 #
Proposal for a regulation 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, 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 investments, which relate to projects or programmes of Union interest
Amendment 46 #
Proposal for a regulation 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, 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
Amendment 47 #
Proposal for a regulation 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.
Amendment 48 #
Proposal for a regulation Recital 12 (12) Screening foreign 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
Amendment 49 #
Proposal for a regulation Recital 16 (16) Foreign investments that create or maintain
Amendment 50 #
Proposal for a regulation 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
Amendment 51 #
Proposal for a regulation Recital 16 a (new) (16 a) Whereas this Regulation has far- reaching consequences on European businesses, legal certainty for investments should always be a priority. Therefore, retroactively allowing Member States to screen investments as described in Article 9, should be kept to a minimum given their potential hampering of legal certainty for these investments.
Amendment 52 #
Proposal for a regulation Recital 17 (17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they
Amendment 53 #
Proposal for a regulation Recital 17 (17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create
Amendment 54 #
Proposal for a regulation Recital 17 (17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create lasting and direct links between a foreign investor and such facilities or such undertakings. In addition, by setting up new facilities, a foreign investor can impact on security and public order, including when that risk concerns essential economic inputs. Member States are therefore encouraged to include greenfield foreign investments in the scope of transactions covered by their screening mechanisms, in particular when such investments occur in sectors relevant to their security or public order or when they present characteristics such as size or essential nature to be relevant to their security or public order. The inclusion of greenfield investments in their screening procedure remains the prerogative of the Member States.
Amendment 55 #
Proposal for a regulation Recital 20 (20) To ensure that foreign investments likely to negatively affect security or public order in the Union are adequately identified, in accordance with the case- law of the Court of Justice of the European Union, Member States should screen foreign investments where the Union target is part of or participates in a project or programme of Union interest or where the Union target’s economic activity relates to a technology, asset, facility, equipment, network, system or service of particular importance for the security or public order interests of the Union. In addition to these criteria, screening mechanisms may apply to other sectors, Union targets or economic activities that the relevant Member State considers critical for its security or public order.
Amendment 56 #
Proposal for a regulation Recital 20 a (new) (20 a) In order to provide further clarity and safeguards against vulnerabilities to security or public order, in the case the transaction involves a foreign investor linked to a third country currently deemed, under the scope of the Anti- Coercion Instrument, to seek either preventing or obtaining the cessation, modification or adoption of a particular act by the Union or a Member State, thereby interfering in the legitimate choices of the Union or a Member State, a determination of negative impact on security and public order shall be automatically applicable by the screening Member State.
Amendment 57 #
Proposal for a regulation Recital 21 (21) To ensure that the cooperation mechanism focuses only on those foreign investments where the characteristics of the foreign investor or the Union target
Amendment 58 #
Proposal for a regulation Recital 26 (26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments
Amendment 59 #
Proposal for a regulation Recital 27 (27) For greater clarity,
Amendment 60 #
Proposal for a regulation Recital 27 (27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These should include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes,
Amendment 61 #
Proposal for a regulation Recital 27 (27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These should include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, including those that receive funding from the Union. Given the broad scope of many European projects, and to avoid excess administrative burden, Member States may consider imposing a threshold for the screening of EU- projects.
Amendment 62 #
Proposal for a regulation 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 give such comments or opinion utmost 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.
Amendment 63 #
Proposal for a regulation 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
Amendment 64 #
Proposal for a regulation Recital 29 (29) To ensure the effective functioning of the cooperation mechanism, it is important to require that the Member State notifying the foreign investment to the cooperation mechanism provides a minimum level of information in a standardised format. Where the cooperation concerns a foreign investment not notified to the cooperation mechanism, the Member State where the foreign investment is planned or has been completed should be able to provide at least the same minimum level of information. The Commission and Member States may seek additional information from the Member State where the foreign investment is planned or completed. Such request for additional information should be duly justified, limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request
Amendment 65 #
Proposal for a regulation Recital 30 (30) To ensure that the cooperation is based on complete and accurate information, a foreign investor or an undertaking should provide any relevant information requested by the Member State where they are established or the Member State where the foreign investment is planned or completed. In exceptional circumstances, when, despite its best efforts, a Member State is unable to obtain an information requested by another Member State or the Commission, it should notify them without delay.
Amendment 66 #
Proposal for a regulation Recital 32 (32) Member States or the Commission, as appropriate, might consider relevant information received from economic operators, civil society organisations, social partners (such as trade unions), media and academia about a foreign investment likely to negatively affect security or public order.
Amendment 67 #
Proposal for a regulation Recital 32 (32) Member States or the Commission, as appropriate, might consider relevant
Amendment 68 #
Proposal for a regulation Recital 34 (34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to align deadlines, documents required and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneously. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order according to the case-law of the Court of Justice of the EU. The Commission should be able to participate in such coordination.
Amendment 69 #
Proposal for a regulation Recital 35 (35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity and functioning of critical infrastructure, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment and the geopolitical situation. This should include, in particular, whether an investor is controlled directly or indirectly, for example through significant funding, by the government or an individual of a third country or is involved in pursuing policy objectives of third countries to facilitate their military capabilities. In this context, if applicable, Member States and the Commission should also consider why the foreign investor, its beneficial owner or any of its subsidiaries or a person acting on behalf or at the direction of such a foreign investor is subject to any type of Union restrictive measures pursuant to Article 215 TFEU.
Amendment 70 #
Proposal for a regulation Recital 35 (35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity and functioning of critical infrastructure, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment. This should include, in particular, whether an investor is controlled
Amendment 71 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, according to the case-law of the Court of Justice of the EU, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order.
Amendment 72 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited
Amendment 73 #
Proposal for a regulation Recital 40 (40) Member States and the Commission should be encouraged to cooperate with the responsible authorities of
Amendment 74 #
Proposal for a regulation Recital 41 a (new) (41 a) Foreign direct investment (FDI) screening procedures and the cooperation mechanism should not be used as a means to obtain confidential or business- and sector-sensitive information from companies for the benefit of third parties or to unnecessarily delay procedures.
Amendment 75 #
Proposal for a regulation Recital 44 (44) The Commission should evaluate the functioning and effectiveness of this Regulation
Amendment 76 #
Proposal for a regulation Recital 44 (44) The Commission should evaluate the functioning and effectiveness of this Regulation
Amendment 77 #
Proposal for a regulation Recital 44 a (new) (44 a) Given the drastic impact this Regulation has on European businesses and governments, an impact assessment should accompany a legislative proposal for this Regulation.
Amendment 78 #
Proposal for a regulation 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
Amendment 79 #
Proposal for a regulation 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
Amendment 80 #
Proposal for a regulation 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 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. Given the broad scope of many European projects, and to avoid excess administrative burden, Member States may consider imposing a threshold for the screening of EU-projects. 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 include 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.
Amendment 81 #
Proposal for a regulation Recital 51 (51) Regulation (EU) 2019/452 should be repealed. In order to allow sufficient time for Member States and entities to prepare for the implementation, this Regulation should apply as of [add date:
Amendment 82 #
Proposal for a regulation 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 3. Member States may adopt, amend or maintain in force national provisions
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 3 3. Member States may adopt or maintain in force national provisions in fields not coordinated by this Regulation, as long as their content does not restrict the scope of this Regulation.
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables effective participation in the management or control of a Union target, except those made by undertakings whose direct investment entities are European managers of qualified collective investment funds;
Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 (2) ‘foreign direct investment’ means an investment of any kind by a foreign investor aiming to establish or to maintain
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 (3) ‘investment within the Union with foreign control’ means an investment of any kind carried out by a foreign investor through the foreign investor’s subsidiary in the Union, that aims to establish or to maintain
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) (3 a) ‘control’ means a situation as set out in Council Regulation (EC) No 139/2004, Article 3, paragraph 2;
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘foreign investor’s subsidiary in the Union’ means an economically active undertaking established under the laws of a Member State meeting the conditions set out in Article 22(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318, and
Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘foreign investor’s subsidiary in the Union’ means an
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘Union target’ means an undertaking, regardless of its legal form, established under the laws of a Member State;
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) (8 a) ‘European managers of qualified collective investment funds’ are fund managers located in the EU whose objective is to pool capital from more than one investor, including foreign investors, to generate a joint return for these investors in the fund. In addition, they must be able to demonstrate at all times that none of the foreign investors has the capacity to influence business decisions, nor has direct access to confidential information, including intellectual property rights or technology transfers, of the companies in which the fund has invested;
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 a (new) (11 a) 'sanctioned country' means a jurisdiction currently being sanctioned by the Union as a whole, or individually by the Member State conducting the screening process;
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 (18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies
Amendment 96 #
Proposal for a regulation Article 3 – paragraph 2 2. Member States shall without exception ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
Amendment 97 #
Proposal for a regulation Article 3 – paragraph 3 3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than [date:
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 3 3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than [date: 1
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 4 4. The Commission shall make publicly available a list of Member States’ screening mechanisms no later than 3 months after having received all the notifications referred to in paragraph 3 or by [date:
source: 766.764
2024/12/06
ITRE
232 amendments...
Amendment 100 #
Proposal for a regulation Recital 49 (49) In order to take into account developments relating to projects or programmes of Union interest
Amendment 101 #
Proposal for a regulation 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 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, infrastructure, 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 include 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.
Amendment 102 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables effective participation in the management or control of a Union target, except those made by undertakings whose direct investment entities are European managers of qualified collective investment funds;
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘foreign investor’s subsidiary in the Union’ means an economically active undertaking established under the laws of a Member State meeting the conditions set out in Article 22(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318, and
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 a (new) (8 a) ‘European managers of qualified collective investment funds’ are fund managers located in the EU whose objective is to pool capital from more than one investor, including foreign investors, to generate a joint return for these investors in the fund. In addition, they must be able to demonstrate at all times that none of the foreign investors has the capacity to influence business decisions, nor has direct access to confidential information, including intellectual property rights or technology transfers, of the companies in which the fund has invested;
Amendment 106 #
Proposal for a regulation Article 2.º – paragraph 1 – point 15 (15) ‘screening authority’ or ‘screening authorities’ means the national authority or authorities
Amendment 107 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 (18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies, critical services or critical inputs which are essential for security or public order and are listed in Annex I;
Amendment 108 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new) (23 a) ‘Critical infrastructure’ means an asset, system or part thereof which is necessary for the maintenance of vital societal functions, including health, safety, security, economic or social well- being of people, and the disruption or destruction of which would have a significant impact as a result of the failure to maintain those functions as set out in Article 2(4) of Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC.
Amendment 109 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 b (new) (23 b) ‘Essential service’ means a service that is essential for the maintenance of vital societal functions, economic activities, public health and safety, or the environment, as set out in Article 2(3) of Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC.
Amendment 110 #
Proposal for a regulation Article 3 – paragraph 1 1. Member States shall establish or maintain a screening mechanism
Amendment 111 #
Proposal for a regulation Article 3 – paragraph 2 2. Member States shall without exception ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) adequate procedures together with adequate administrative means shall be provided for the screening authority to effectively determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) adequate resources and procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order, taking into account at least the criteria laid down in Article 13. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order, based on the case-law of the Court of Justice of the EU. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 2 – point a a (new) (a a) Member States shall require mandatory notification of foreign investments which enable the possibility for the investor to exercise decisive influence on a Union target pursuant to Article 3(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings and Article 20(5) of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Screening mechanisms shall not allow Member States to require mandatory notification of minority or short-term investments, or restructuring operations within a group of companies or a merger of more than one legal entities into a single legal entity;
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures and resources to identify and prevent circumvention of the screening mechanism and screening decisions;
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order, based on the case- law of the Court of Justice of the EU;
Amendment 118 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the screening authority shall be empowered to start screening foreign investments by its own initiative
Amendment 119 #
Proposal for a regulation Article 4 – paragraph 2 – point c (c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order; This does not cover already screened foreign investments unless it is demonstrated that the foreign investor has provided false, misleading or incomplete information.
Amendment 120 #
Proposal for a regulation Article 4 – paragraph 2 – point e (e) foreign investors, foreign investors’ subsidiaries in the Union through which the foreign investment is carried out and undertakings concerned by a screening decision shall have the possibility to seek judicial recourse against that screening decision. Member States shall implement a harmonized appeal mechanism;
Amendment 121 #
Proposal for a regulation Article 4 – paragraph 2 – point f (f) an annual report shall be made public, and shall include information on relevant legislative developments in the Member State and aggregate and anonymised data on the investments screened, including the outcome of screening decisions, nationalities, or country of establishment as the case may be, of parties to the investments notified to the screening authority, and the economic sectors in which those transactions took place. The yearly and three-year variations in Foreign Direct Investment (FDI) across all economic sectors in the Member State shall be provided;
Amendment 122 #
Proposal for a regulation Article 4 – paragraph 2 – point g (g) foreign investments subject to an authorisation requirement as referred to in paragraph 4 shall be filed by the applicant requesting authorisation with the screening authority and shall be screened before the foreign investment is completed
Amendment 123 #
Proposal for a regulation Article 4 – paragraph 2 – point i a (new) (i a) the screening authority will allow applicants to use the common European form to request an authorisation. The Commission shall develop this form by means of implementing acts pursuant to Article 21, to be adopted prior to the date of application of this Regulation referred to in Article 24(2). Member States may add additional information requests to the form based on their national procedure.
Amendment 124 #
Proposal for a regulation Article 4.º – paragraph 2 – point i a (new) (i a) The screening authorities must consult the relevant stakeholders, including trade unions, at all key stages when determining the impact, particularly the socio-economic consequences, of a foreign investment.
Amendment 125 #
Proposal for a regulation 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 commercialization of:
Amendment 126 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target is established or is to be established in their territory:
Amendment 127 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) i
Amendment 128 #
Proposal for a regulation Article 4 – paragraph 4 – point b Amendment 129 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b)
Amendment 130 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. Member States shall: (a) align screening deadlines at national level with the Union cooperation mechanism timelines set out in Article 8, providing for: (i) an initial review period not exceeding 30 days from notification; (ii) where necessary, an in-depth investigation period not exceeding 60 additional days; and (iii) criteria for extensions of these deadlines; (b) implement standardised procedural milestones including: (i) formal acknowledgment of complete notification within 5 working days; (ii) clear triggers for moving from initial review to in-depth investigation; (iii) structured communication points with applicants throughout the process; and (iv) annual standardised reporting on average processing times and deviations from standard timelines.
Amendment 131 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4 a. Member States may ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target established in their territory is economically active in one of the areas listed in Annex II.
Amendment 132 #
Proposal for a regulation Article 5 – paragraph 1 – point b – point i (i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers. In cases where the ownership structure is opaque or unclear, the investment shall be notified as a precaution;
Amendment 133 #
Proposal for a regulation Article 5 – paragraph 1 – point b – point ii a (new) (ii a) the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of, was directly or majoritarily controlled by individuals or entities included in the the EU's sanctions lists adopted in response to Russia’s military aggression against Ukraine and as referred to in the successive sanctions packages and relevant restrictive measures.
Amendment 134 #
Proposal for a regulation Article 5 – paragraph 3 – subparagraph 1 Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex
Amendment 135 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) within
Amendment 136 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (b a) By way of derogation, in cases where the foreign investment presents substantial complexity, involves cross- border implications, affects Union projects or programs of interest listed in Annex I, or involves entities controlled by a third-country government or subject to Union restrictive measures under Article 215 TFEU, the notification period may be extended to a maximum of 60 calendar days. Such an extension may also apply in cases where emerging threats or exceptional circumstances arise, necessitating further analysis or additional data collection. The Member State invoking the derogation shall communicate its justification to the Commission and other Member States within 10 calendar days of the initial notification.
Amendment 137 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States
Amendment 138 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States
Amendment 139 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) if the requests for authorisation concern a foreign investment meeting any of the conditions set out in Article 5(1), the respective Member States shall send their notifications to the cooperation mechanism on the same day after the last Member State received its request for authorisation and within the deadline laid down in point (a) of paragraph 1 of this Article;
Amendment 140 #
Proposal for a regulation Article 7 – title Comments by Member States and opinions, alerts and Decisions by the Commission on notified foreign investments
Amendment 141 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 – point a (a) considers that a foreign investment is likely to negatively affect its security or public order, according to the case-law of the Court of Justice of the EU; or
Amendment 142 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) it considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State, in accordance with the case-law of the Court of Justice of the EU;
Amendment 143 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) it
Amendment 144 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1 it
Amendment 145 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1 it considers that such a foreign investment is likely to negatively affect projects or programmes of Union interest on grounds of security or public order, in accordance with the case-law of the Court of Justice of the EU;
Amendment 146 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1 a (new) it considers that such a foreign investment is likely to negatively affect essential services as identified in Commission Delegated Regulation (EU) 2023/2450 of 25 July 2023 supplementing Directive (EU) 2022/2557 of the European Parliament and of the Council by establishing a list of essential services
Amendment 147 #
Proposal for a regulation Article 7 – paragraph 3 3. The Commission
Amendment 148 #
Proposal for a regulation Article 7 – paragraph 3 3. The Commission may issue a duly motivated opinion addressed to all Member States if it considers that several foreign investments or other similar investments if they were to be made, taken together, and having regard to their characteristics could affect the security or public order of the Union, in accordance with the case-law of the Court of Justice of the EU. After a Commission opinion is issued, the Commission may, as appropriate, discuss with Member States how to address the identified risks.
Amendment 149 #
Proposal for a regulation Article 7.º – 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
Amendment 150 #
Proposal for a regulation 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
Amendment 151 #
Proposal for a regulation 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
Amendment 152 #
Proposal for a regulation Article 7 – paragraph 6 6. Following the receipt of a comment pursuant to paragraph 1, the Member State shall set up a meeting with the Member States who issued comments to discuss how to best address the risks identified. If the Member State where the foreign investment is planned or completed disagrees with the risks identified or, if applicable, the measure proposed with the comment, the Member States shall
Amendment 153 #
Proposal for a regulation Article 7.º – paragraph 6 6. Following the receipt of a comment pursuant to paragraph 1, the Member State shall set up a meeting with the Member States who issued comments to discuss how to best address the risks identified. If the Member State where the foreign investment is planned or completed disagrees with the risks identified or, if applicable, the measure proposed with the comment, the Member States shall aim to identify alternative solutions. Where the comment concerns a multi-country transaction, the other Member States who notified the foreign investment shall also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, the intended conditions are able to address identified cross-border risks adequately. The Commission
Amendment 154 #
Proposal for a regulation Article 7 – paragraph 7 a (new) 7 a. If no alternative solution is reached in Paragraph 6, the Commission may alert the Member State where the foreign investment is planned of its concern that the foreign investment is likely to negatively affect the security and public order of another Member State. The Commission may only alert upon approval of the affected other Member State. Upon receipt of such an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on mitigating measures or reach an alternative solution.
Amendment 155 #
Proposal for a regulation Article 7 – paragraph 7 b (new) 7 b. Where the Commission has issued an alert in accordance with Paragraph 7a and no mitigating measures or alternative solution is agreed upon after 30 calendar days, it may, within a period of 30 calendar days, adopt a Decision finding the intended screening decision to be incompatible with this Directive and requiring the Member State concerned to refrain from adopting it, and if such measure has been adopted, to repeal it. Such a Decision may only be adopted if the Commission can show that the intended screening decision negatively affects the security and public order of another Member State, and upon the latter's approval.
Amendment 156 #
Proposal for a regulation Article 7 – paragraph 8 – introductory part 8. Following the receipt of comments pursuant to paragraph 1 or an opinion pursuant to paragraph 2 or 3, the Member State where the foreign investment is planned or completed shall:
Amendment 157 #
Proposal for a regulation Article 7 – paragraph 8 – point a (a) notify its screening decision to the respective Member States and to the Commission via the secure and encrypted system referred to in Article 12(4)
Amendment 158 #
Proposal for a regulation Article 7 – paragraph 8 – point a (a)
Amendment 159 #
Proposal for a regulation Article 7 – paragraph 8 – point a (a)
Amendment 160 #
Proposal for a regulation Article 7 – paragraph 8 – point b Amendment 161 #
Proposal for a regulation 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)
Amendment 162 #
Proposal for a regulation Article 7 – paragraph 8 – point b – introductory part (b) upon request of the respective Member State or the Commission, invite the respective Member State and the Commission to a meeting or 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
Amendment 163 #
Proposal for a regulation Article 7 – paragraph 8 – point b – introductory part (b) upon request of the respective Member State or the Commision, invite the respective Member State and the Commision to a meeting or provide a written explanation on the results of screening to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than
Amendment 164 #
Proposal for a regulation Article 7 – paragraph 8 – point b – introductory part (b) provide a written explanation to the respective Member States
Amendment 165 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point i Amendment 166 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point i Amendment 167 #
Proposal for a regulation Article 7.º – paragraph 8 – point b – point i (i) the extent to which it gave the Member States’ comments
Amendment 168 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point i (i) the extent to which it
Amendment 169 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point ii Amendment 170 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point ii Amendment 171 #
Proposal for a regulation Article 7.º – paragraph 8 – point b – point ii (ii) the reason for its disagreement with the Member States’ comments
Amendment 172 #
Proposal for a regulation Article 7 – paragraph 8 – point b – point ii (ii) the reason for its disagreement with the Member States’ comments
Amendment 173 #
Proposal for a regulation Article 7 – paragraph 8 – point b a (new) (b a) The comments, opinions, alerts and Decisions issued by other Member States or the Commission as well as the written explanation from the Member State where the foreign investment is planned, will be enclosed in the secure database set up pursuant to Article 7(10). If certain information may not be shared according to Paragraph 11, the database shall at least include a reference to the comments, opinions and written explanations, and the involved parties.
Amendment 174 #
Proposal for a regulation 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 175 #
Proposal for a regulation Article 7 – paragraph 9 Amendment 176 #
Proposal for a regulation Article 7 – paragraph 9 Amendment 177 #
Proposal for a regulation 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 to 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 shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall 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 shall be invited to any meetings organised pursuant to this paragraph. If the Commission decides that its opinions have still not been given utmost consideration, and that security or public order of the Union can be significantly affected, it may issue a follow-up opinion with recommendations on how to address the identified risks. Any such follow-up opinion shall have a binding effect
Amendment 178 #
Proposal for a regulation Article 7.º – paragraph 9 9. Where the Member States
Amendment 179 #
Proposal for a regulation Article 7 – paragraph 9 9. Where the Member States
Amendment 180 #
Proposal for a regulation Article 7 – paragraph 10 10. The Commission shall set up a secure database made available to all Member States with information on the foreign investments assessed by the cooperation mechanism and the outcome of the assessments under the national screening mechanisms, including information about the relevant screening decisions. The Commission shall upload to that database the information it has at its disposal since 12 October 2020, including relevant business intelligence it has procured and verified from commercial vendors. By [date of application of this Regulation] Member States shall upload to that database the information at their disposal about the outcome of the relevant procedure under their own screening mechanisms. They may also provide additional explanations.
Amendment 181 #
Proposal for a regulation Article 7 – paragraph 10 a (new) 10 a. The Commission shall develop a business intelligence capability to inform the Member State screening authorities, develop coordinated risk assessments and support a Union FDI capacity-building programme through the FDI Expert Group, offering best practices, lessons learned and common training programmes for officials of the Member States. This requires the Commission to have the appropriate technical and human resources, as well as the financial resources to procure commercial business intelligence from private vendors.
Amendment 182 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) Member States shall inform the notifying Member State via the secure and encrypted system referred to in Article 12(4) that they reserve their right to issue comments no later than
Amendment 183 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the Commission shall inform the notifying Member State via the secure and encrypted system referred to in Article 12(4) that it reserves its right to issue an opinion no later than 20
Amendment 184 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point d a (new) (d a) the meeting referred to in Article 7(6) shall occur within 30 calendar days following the opinion or comment.
Amendment 185 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point d b (new) (d b) where the Commission reserves the right to issue an alert referred to in Article 7(7a), the respective alert shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 15 days following the meeting referred to in Article 7(6).
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point d c (new) (d c) Upon receipt an alert, the Member State where the foreign investment is planned shall not adopt the intended screening decision for a period of 30 calendar days, unless the Member States involved and the Commission agree on new conditions to reach an alternative solution.
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 1 – point d d (new) (d d) where the Commission reserves the right to a Decision referred to in Article 7(7b), the respective decision shall be sent to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 30 calendar days following the period referred to in Paragraph (dc).
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 3 – subparagraph 2 The notifying Member State shall at least take their screening decision only after the deadlines referred to in points (a)-(
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 5 5. The notifying Member State shall provide the complete additional information requested by the Commission or other Member States pursuant to paragraph 2 without undue delay, and no later than 180 days from the request, via the secure and encrypted system referred to in Article 12(4). Where the notifying Member State provides additional information to a Member State, such additional information shall be sent to the Commission simultaneously.
Amendment 190 #
Proposal for a regulation Article 9 – paragraph 1 1. A Member State that considers that a foreign investment in the territory of another Member State which has not been notified to the cooperation mechanism is likely to negatively affect its security or public order, i
Amendment 191 #
Proposal for a regulation Article 9 – paragraph 1 1. A Member State that considers that a foreign investment in the territory of another Member State which has not been notified to the cooperation mechanism is likely to negatively affect its security or public order, it may open a
Amendment 192 #
Proposal for a regulation Article 9 – paragraph 2 2. Member States shall be granted
Amendment 193 #
Proposal for a regulation Article 9 – paragraph 2 2. Member States shall be granted
Amendment 194 #
Proposal for a regulation Article 9.º – paragraph 3 Amendment 195 #
Proposal for a regulation Article 9.º – paragraph 4 Amendment 196 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission shall be granted
Amendment 197 #
Proposal for a regulation Article 9 – paragraph 4 4. The Commission shall be granted at least
Amendment 198 #
Proposal for a regulation Article 9.º – paragraph 5 5. The Member States
Amendment 199 #
Proposal for a regulation Article 9 a (new) Article 9a Commission’s power to investigate 1. The Commission may initiate an investigation on its own initiative or at the request of at least two Member States, provided all the following conditions are met: there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State; the investment relates to EU projects or programmes listed in Annex I of this Regulation; and it is unclear which Member State has the authority to conduct the investigation. 2. The Commission shall have the right to: (a) request information from the Member States concerned, investors and other relevant parties; (b) carry out inspections in the territories of the Member States where the investment is made; (c) examine witnesses and experts; (d) cooperate with national regulatory authorities and other competent authorities. 3. Member States shall, upon request by the Commission, provide all information requested without delay and shall give full assistance in the investigation. 4. The Commission shall prepare a report after the investigation, setting out the results of the investigation and recommendations to the Member States concerned. 5. All information obtained in the course of the investigation shall be treated as confidential and may not be disclosed to third parties without appropriate authorisation.
Amendment 200 #
Proposal for a regulation Article 10 – paragraph 1 – point a (a) the name of the investor, the global ultimate owner of the investor and the Union target, the ownership structure of the investor and, where applicable, of the corporate group to which the investor is a part, and whether they are subject to restrictive measures or were involved in a foreign investment previously screened by a Member State and not authorized or only authorized with conditions;
Amendment 201 #
Proposal for a regulation Article 10 – paragraph 1 – point c (c) name and address of the Union target, its activities and alternative providers, the ownership structure of the Union target and, where applicable, of the corporate group to which the Union target is a part; and if it is economically active in items listed in Annex I to Regulation 2021/821 or Council Common Position 2008/944/CFSP, specifying the respective item;
Amendment 202 #
Proposal for a regulation Article 11 – paragraph 1 1. Member States shall provide the necessary resources, legal and administrative means
Amendment 203 #
Proposal for a regulation Article 11.º – paragraph 4 4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and give
Amendment 204 #
Proposal for a regulation Article 11 – paragraph 4 4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and
Amendment 205 #
Proposal for a regulation Article 13 – paragraph 1 1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly
Amendment 206 #
Proposal for a regulation Article 13 – paragraph 1 1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly motivated comment pursuant to Article 7(1) or Article 9(7), whether a foreign investment is likely to negatively affect security or public order. They may use the risk evaluation form developed by the Commission.
Amendment 207 #
Proposal for a regulation Article 13 – paragraph 1 a (new) 1 a. The Commission shall set out, by means of implementing acts pursuant to Article 21, to be adopted prior to the date of application of this Regulation referred to in Article 24(2), the form that may be used under paragraph 1.
Amendment 208 #
Proposal for a regulation Article 13 – paragraph 2 2. The Commission shall determine, for the purpose of issuing a duly
Amendment 209 #
Proposal for a regulation Article 13 – paragraph 3 – introductory part 3. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall
Amendment 210 #
Proposal for a regulation Article 13 – paragraph 3 – point a (a) the security, confidentiality, integrity and functioning of
Amendment 211 #
Proposal for a regulation Article 13.º – paragraph 3 – point a (a) the security, integrity and functioning of critical infrastructure, whether physical or virtual or for essential public services; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21. The results of the Union level coordinated security risk assessments of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall also be taken into account. ;
Amendment 212 #
Proposal for a regulation Article 13 – paragraph 3 – point b a (new) (b a) the impact on prices of critical technologies;
Amendment 213 #
Proposal for a regulation Article 13 – paragraph 3 – point b a (new) (b a) the geopolitical situation;
Amendment 214 #
Proposal for a regulation Article 13 – paragraph 3 – point c (c) the continuity of supply of critical inputs and the resilience of supply chains, including by taking into consideration the risk assessments in Article 24 of Regulation 2024/1252 ;
Amendment 215 #
Proposal for a regulation Article 13.º – paragraph 3 – point c a (new) (cA) the social impact with regard to labour market disruption, job losses or deterioration of working conditions in the Member States in question on account of the foreign investment or another Member State as a result of the foreign investment;
Amendment 216 #
Proposal for a regulation Article 13.º – paragraph 3 – point c b (new) (cB) the environmental risks in the Member States in question owing to foreign investment or in another Member State owing to foreign investment;
Amendment 217 #
Proposal for a regulation Article 13.º – paragraph 3 – point c c (new) (cC) the safeguarding of the public interest in the production of goods and the provision of essential services;
Amendment 218 #
Proposal for a regulation Article 13.º – paragraph 3 – point c d (new) (cD) the safeguarding of public control in strategially important sectors, such as energy, telecommunications, baking and security, and in essential public services, such as healthcare, education and social security systems;
Amendment 219 #
Proposal for a regulation Article 13.º – paragraph 3 – point c e (new) (cE) consumer protection;
Amendment 220 #
Proposal for a regulation Article 13 – paragraph 3 – point d (d) the protection of sensitive information, including personal data and intellectual property, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such
Amendment 221 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. When determining whether an investment is likely to negatively affect security or public order, based on the case- law of the Court of Justice of the EU, the Member States or the Commission shall also take into account information related to the foreign investor, including:
Amendment 222 #
Proposal for a regulation Article 13 – paragraph 4 – introductory part 4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall a
Amendment 223 #
Proposal for a regulation Article 13 – paragraph 4 – point a (a) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor was involved in a foreign investment previously screened by a Member State, or where available, by a like-minded third country, and that was not authorised or was only authorised with conditions; to determine this, Member States and the Commission shall rely on information available to them, including the information contained in the secure database set up pursuant to Article 7(10);
Amendment 224 #
Proposal for a regulation Article 13 – paragraph 4 – point e (e) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor is likely to
Amendment 225 #
Proposal for a regulation Article 13 – paragraph 4 – point e a (new) (e a) whether the foreign investor or any of its subsidiaries are established in a third country whose legislation allows arbitrary access to any kind of company operations or data, including commercially sensitive data, and can impose obligations for intelligence purposes without democratic checks and balances, oversight mechanisms, due process or the right to appeal to an independent court or tribunal.
Amendment 226 #
Proposal for a regulation Article 13 – paragraph 4 – point e b (new) (e b) whether the foreign investor or any of its subsidiaries or the third country in which it is established is subject to restrictive measures or whether it has a flawed rule of law or human rights protection track record or an aggressive civil-military fusion strategy;
Amendment 227 #
Proposal for a regulation Article 13 – paragraph 4 a (new) 4 a. The Commission, in cooperation with the FDI Expert Group, may carry out a coordinated risk assessment relating to a specific sector, critical technology or foreign investor and the level of control established by third countries, to inform screening decisions of the Member States. The coordinated risk assessment shall be added to the risk evaluation template in Paragraph 1, shared and made available in the secure database set up pursuant to Article 7(10) and shall be taken into account by Member States when determining whether an investment is likely to negatively affect security or public order.
Amendment 228 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 1 – introductory part Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or an opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States or in the Union, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Amendment 229 #
Proposal for a regulation Article 14.º – paragraph 1 – subparagraph 1 a (new) Screening decisions for the validation of a foreign investment shall be the exclusive and sovereign competence of the Member State in question.
Amendment 230 #
Proposal for a regulation Article 14 – paragraph 1 – subparagraph 2 The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment, as well as the need to maintain an open regime for investment into the Union.
Amendment 231 #
Proposal for a regulation Article 16 – paragraph 2 2. On the basis of the information received in accordance with paragraph 1, and based on its assessment of trends and developments, the Commission shall provide an annual report on implementation of this Regulation to the European Parliament and to the Council. It shall include an overview of the information in paragraph 1 per Member State. That report shall be made public.
Amendment 232 #
Proposal for a regulation Article 18 Amendment 233 #
Proposal for a regulation Article 18 a (new) Article18a Review Clause 1. 5 years after ... [ date of application of this Regulation] and every 5 years thereafter, the Commission shall review the list of projects or programmes of Union interest set out in Annex I to take account of the adoption and amendment of Union law relating to projects or programmes of Union interest relevant to security or public order. 2. As part of this regular review, the Commission shall also review 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 to take account of changes in the circumstances relevant to the security or public order interests of the Union. In particular, these considerations shall include the following: (a) the resilience of supply chains of particular importance for the security or public order interests of the Union; (b) the resilience of infrastructures of particular importance for the security or public order interests of the Union; (c) the advancement of technologies of particular importance for security or public order of the Union; (d) the emergence of vulnerabilities in relation to access to or other forms of processing of sensitive information, including personal data to the extent they are likely to negatively affect the security or public order interests of the Union; (e) the emergence of a geopolitical situation of particular importance for security or public order of the Union. 3. Where the reviews referred to in paragraph 1 and 2 of this Article conclude that an amendment to Annex I or Annex II is necessary, the Commission may submit a legislative proposal to that regard.
Amendment 234 #
Proposal for a regulation Article 19 Amendment 235 #
Proposal for a regulation Article 19 Amendment 236 #
Proposal for a regulation Article 19.º Amendment 237 #
Proposal for a regulation Article 19 – paragraph 2 Amendment 238 #
Proposal for a regulation Article 19 a (new) Article 19a Updating Annexes I and II 1. No later than two years after [date of application of this regulation] and every two years thereafter, the Commission shall present a report to the European Parliament and the Council in particular to assess the appropriateness of: a) the list of projects or programmes of Union interest set out in Annex I; b) the list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or policy interests of the Union set out in Annex II. 2. Where applicable and where the assessment referred to in paragraph 1 concludes that account needs to be taken of the adoption and amendment of Union acts relating to projects or programmes of importance for the security or public order interests of the Union or of changes in circumstances affecting the security or public order interests of the Union, the Commission shall present a legislative proposal to amend Annexes I and II of this Regulation. 3. In accordance with the Treaty, the European Parliament and the Council shall endeavour to take a decision on any proposals submitted by the Commission pursuant to paragraph 2 without undue delay.
Amendment 239 #
Proposal for a regulation Article 20 Amendment 240 #
Proposal for a regulation Article 20 Amendment 241 #
Proposal for a regulation Article 20.º Amendment 242 #
Proposal for a regulation Article 21 – paragraph 1 1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article
Amendment 243 #
Proposal for a regulation Annex I – point 16 a (new) 16 a. The European Defence Industry Programme (EDIP) Regulation EU ( ) of the European Parliament and of the Council of ( ) implementing concrete measures identified in the European Defence Industrial Strategy (EDIS).
Amendment 244 #
Proposal for a regulation Annex I – point 20 a (new) 20a. Critical Raw Materials Act2a _________________ 2a https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=OJ:L_202401252
Amendment 245 #
Proposal for a regulation Annex II – subheading 1 List of
Amendment 246 #
Proposal for a regulation Annex II – subheading 1 List of technologies, infrastructure, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union
Amendment 247 #
Proposal for a regulation Annex II – point 2 a (new) 2 a. Sectors of high criticality as defined in Annex 1 of Directive 2022/2555
Amendment 248 #
Proposal for a regulation Annex II – point 2 a (new) 2 a. Audio-visual, digital and print media infrastructure
Amendment 249 #
Proposal for a regulation Annex II – point 2 b (new) 2 b. European, national, state, and local government election-related infrastructure
Amendment 250 #
Proposal for a regulation Annex II – point 2 b (new) 2 b. Media services as defined in Article 2(1) of Regulation 2024/1083
Amendment 251 #
Proposal for a regulation Annex II – point 3 – point a – indent 4 a (new) – Data storage and processing equipment and facilities
Amendment 252 #
Proposal for a regulation Annex II – point 3 – point c – indent 4 a (new) – quantum simulators
Amendment 253 #
Proposal for a regulation Annex II – point 3 – point c – indent 4 b (new) – quantum random number generators
Amendment 254 #
Proposal for a regulation Annex II – point 3 – point e – indent 1 a (new) – Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network), 5G and 6G, laser and light communication
Amendment 255 #
Proposal for a regulation Annex II – point 3 – point e – indent 1 b (new) – Cyber security technologies incl. cyber-surveillance, encryption, security and intrusion prevention and detection systems, digital forensics
Amendment 256 #
Proposal for a regulation Annex II – point 3 – point e – indent 1 c (new) – Submarine fibre-optic cables
Amendment 257 #
Proposal for a regulation Annex II – point 3 – point e a (new) e a. Transport infrastructure and technologies: · International airports, and sea ports · Railways, inland waterways, short sea shipping routes and roads linking urban nodes, maritime and inland ports, airports and terminals that are located within the geographical scope of Regulation (EU) 2024/1679’ · Railway infrastructure and related technologies · Electric propulsion technologies · Refuelling infrastructure, including electric charging infrastructure
Amendment 258 #
Proposal for a regulation Annex II – point 3 – point h – introductory part h. Energy technologies, services and infrastructure:
Amendment 259 #
Proposal for a regulation Annex II – point 3 – point h – indent 1 – Nuclear
Amendment 260 #
Proposal for a regulation Annex II – point 3 – point h – indent 3 – Net-zero technologies, including
Amendment 261 #
Proposal for a regulation Annex II – point 3 – point h – indent 3 – Net-zero technologies, including photovoltaics and perovskite solar cells
Amendment 262 #
Proposal for a regulation Annex II – point 3 – point h – indent 3 a (new) – Grid operators (TSOs and DSOs)
Amendment 263 #
Proposal for a regulation Annex II – point 3 – point h – indent 4 –
Amendment 264 #
Proposal for a regulation Annex II – point 3 – point h – indent 4 –
Amendment 265 #
Proposal for a regulation Annex II – point 3 – point h – indent 4 –
Amendment 266 #
Proposal for a regulation Annex II – point 3 – point j – indent 4 Amendment 267 #
Proposal for a regulation Annex II – point 3 – point j a (new) j a. Critical Raw Materials and Supply Chains: —extraction and refining of critical raw materials, including lithium, rare earth elements, cobalt, and nickel — recycling and recovery technologies for critical raw materials, particularly from batteries and electronic waste — strategic stockpiling and storage facilities for critical raw materials — supply chain infrastructure for the secure transport and distribution of critical raw materials — research and development into material substitution, processing innovations, and advanced recycling methods
Amendment 268 #
Proposal for a regulation Annex II – point 5 a (new) 5a. Press outlets that are capable of influencing public opinion to a significant extent.
Amendment 269 #
Proposal for a regulation Annex II – point 5 b (new) 5b. Goods, networks and operators of services of general interest.
Amendment 38 #
Proposal for a regulation 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 39 #
Proposal for a regulation Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article
Amendment 40 #
Proposal for a regulation Recital 1 (1) Investments in the Union contribute to its growth by improving its competitiveness, creating jobs and economies of scale, stimulating entrepreneurial drive through incentives for innovation and development of industries, and bringing in capital, technologies, innovation and expertise.
Amendment 41 #
Proposal for a regulation Recital 1 a (new) (1a) Foreign investments in the Union are a vital source of capital that fosters new financial resources, new technologies, advanced business practices and access to international markets.
Amendment 42 #
Proposal for a regulation Recital 2 (2) Article 3(5) of the Treaty on European Union (TEU) specifies that the Union, in its relations with the wider world, is to uphold and promote its values and interests and contribute to the protection of its citizens. Moreover, the Union and Member States have an open investment environment, which is enshrined in the Treaty on the Functioning of the European Union (TFEU), and
Amendment 43 #
Proposal for a regulation Recital 3 (3) However, under international commitments made in the World Trade Organization (WTO), the Organisation for Economic Cooperation and Development (OECD), and the trade and investment agreements concluded with third countries, it is possible for the Union and Members States to restrict foreign direct investments (FDIs) on the grounds of security or public order,
Amendment 44 #
Proposal for a regulation Recital 6 (6) However, a new legislative instrument is needed to strengthen the efficiency and effectiveness of Regulation (EU) 2019/452 and ensure
Amendment 45 #
Proposal for a regulation Recital 6 (6) However, a new legislative instrument is needed to strengthen the efficiency and effectiveness of Regulation (EU) 2019/452 and ensure a higher degree of harmonisation across the Union. This should be underpinned by a proper and careful impact analysis by the Regulatory Scrutiny Board, which should also include an analysis of the increased administrative burden for businesses.
Amendment 46 #
Proposal for a regulation Recital 6 a (new) (6 a) This new legislative instrument strengthening the framework for the screening of foreign direct investments should be guided by the European industrial agenda, ensuring that investment decisions align with safeguarding critical industries while fostering resilient, sustainable growth and competitiveness across the Union.
Amendment 47 #
Proposal for a regulation Recital 6 b (new) (6 b) Whereas this legislation addresses new investments, particular attention should be given to international partners with aggressive investment strategies, such as China, which leverage investments to acquire control over strategic European assets, particularly in critical infrastructure.
Amendment 48 #
Proposal for a regulation 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;
Amendment 49 #
Proposal for a regulation Recital 8 (8) A significant majority of Member States, but not all, have a legislative instrument in place that provides for a mechanism to screen FDIs. In many Member States, national laws also extend to screening intra-Union investments. Among the Member States, there are substantial differences as to the scope, thresholds and criteria used to assess whether an investment is likely to negatively affect security or public order. There are also differences in the screening processes. In certain Member States, the investment can be implemented before having received clearance with respect to the impact on security and public order. However, others require that the investment is only finalised after authorisation under the screening mechanism. Such divergences create a problem for the smooth functioning of the internal market. For example, they create an uneven playing field and increase compliance costs for investors seeking to notify transactions in more than one Member State. This Regulation helps in reducing divergences on key elements of the mechanisms implemented at national level. This is crucial to ensure predictability for investors on the applicable national regimes and their characteristics, thereby reducing the associated compliance costs. This is all the more relevant considering the level of integration of internal market, which may result in a single transaction impacting multiple Member States across the Union. It is for example possible that a transaction aimed to the acquisition of a target company in one Member State also affects security and public order in another Member State, due to the supply chain structure or other economic elements connecting the target with other companies based in a different Member States. In order to address these internal market problems and ensure greater consistency and predictability, it is appropriate that the criteria and elements to be used for the assessment of foreign investments are established through Union action, in cooperation with the relevant stakeholders, particularly national and European trade unions.
Amendment 50 #
Proposal for a regulation Recital 8 (8) A significant majority of Member States, but not all, have a legislative instrument in place that provides for a mechanism to screen FDIs. In many Member States, national laws also extend to screening intra-Union investments. Among the Member States, there are substantial differences as to the scope, thresholds and criteria used to assess whether an investment is likely to negatively affect security or public order. There are also differences in the screening processes. In certain Member States, the investment can be implemented before having received clearance with respect to the impact on security and public order. However, others require that the investment is only finalised after authorisation under the screening mechanism. Such divergences create a problem for the smooth functioning of the internal market. For example, they create an uneven playing field and increase compliance costs for investors seeking to notify transactions in more than one Member State. This Regulation helps in reducing divergences on key elements of the mechanisms implemented at national level. This is crucial to ensure predictability for investors on the applicable national regimes and their characteristics, thereby reducing the associated compliance costs. This is all the more relevant considering the level of integration of internal market, which may result in a single transaction impacting multiple Member States across the Union. It is for example possible that a transaction aimed to the acquisition of a target company in one Member State also affects security and public order in another Member State, due to the supply chain structure or other economic elements connecting the target with other companies based in a different Member States. In order to address these internal market problems and ensure greater consistency and predictability, it is appropriate that the criteria and elements to be used for the assessment of foreign investments are established through Union action. This Regulation should be based on the criterion that there is the probability of 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 of the European Union.
Amendment 51 #
Proposal for a regulation Recital 9 a (new) (9a) In order to ensure more efficient management of the screening mechanisms at Union level, when an investor has already undergone a screening process or assessment in accordance with the legislation of a Member State, any additional request for information from the Commission or another Member State will have to be duly justified so as to avoid any unnecessary duplication of information.
Amendment 52 #
Proposal for a regulation Recital 10 Amendment 53 #
Proposal for a regulation Recital 10 (10) Regulation (EU) 2019/452 only covers FDIs made from third countries into the Union.
Amendment 54 #
Proposal for a regulation Recital 11 (11) Investments in Union targets carried out by foreign investors,
Amendment 55 #
Proposal for a regulation 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, 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
Amendment 56 #
Proposal for a regulation 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.
Amendment 57 #
Proposal for a regulation Recital 12 (12) Screening foreign 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
Amendment 58 #
Proposal for a regulation Recital 14 (14) It is also necessary to make the Member State where the foreign investment is planned or completed more
Amendment 59 #
Proposal for a regulation Recital 14 (14) It is also necessary to make the Member State where the foreign investment is planned or completed
Amendment 60 #
Proposal for a regulation 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 61 #
Proposal for a regulation Recital 15 a (new) (15 a) 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. For the purposes of this Regulation, the concepts of security and public order shall be interpreted in accordance with Article 52(1) of the Treaty on the Functioning of the European Union, ensuring coherence with Union law while allowing Member States to address internal and external threats to societal stability, public safety, and national defense.
Amendment 62 #
Proposal for a regulation 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
Amendment 63 #
Proposal for a regulation 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
Amendment 64 #
Proposal for a regulation Recital 18 (18) To ensure consistent and predictable screening processes, it is appropriate to lay down the essential features of the screening mechanisms to be implemented by Member States. Those features should at least include the scope of the transactions to be subject to an authorisation requirement, deadlines for the screening and the possibility for undertakings concerned by the screening decision to seek recourse against such decisions.
Amendment 65 #
Proposal for a regulation Recital 20 (20) To ensure that foreign investments likely to negatively affect security or public order in the Union are adequately identified, Member States should screen foreign investments where the Union target is part of or participates in a project or programme of Union interest or where the Union target’s economic activity relates to a technology, asset, facility, equipment, network, system or service of particular importance for the security or public order interests of the Union. Screening should also take into account the impact of the foreign investments on safeguarding the public interest in the production of goods and provision of essential services, socio- economic stability, employment, and working conditions. In addition to these criteria, screening mechanisms may apply to other sectors, Union targets or economic activities that the relevant Member State considers critical for its security
Amendment 66 #
Proposal for a regulation Recital 20 (20) To ensure that foreign investments likely to negatively affect security or public order in the Union are adequately identified, in accordance with the case- law of the Court of Justice of the European Union, Member States should screen foreign investments where the Union target is part of or participates in a project or programme of Union interest or where the Union target’s economic activity relates to a technology, asset, facility, equipment, network, system or service of particular importance for the security or public order interests of the Union. In addition to these criteria, screening mechanisms may apply to other sectors, Union targets or economic activities that the relevant Member State considers critical for its security or public order.
Amendment 67 #
Proposal for a regulation Recital 21 (21) To ensure that the cooperation mechanism focuses only on those foreign investments where the characteristics of the foreign investor or the Union target make an effect on security or public order likely, it is
Amendment 68 #
Proposal for a regulation Recital 24 (24) Furthermore,
Amendment 69 #
Proposal for a regulation Recital 25 (25) Furthermore, it should be possible for the Commission to adopt an opinion addressed to all Member States if it identifies several foreign investments that, taken together, are likely to impact the security or public order of the Union. This could notably be the case where several foreign investments present comparable characteristics. These include where the foreign investments are made by the same foreign investor, or foreign investors presenting similar risks,
Amendment 70 #
Proposal for a regulation Recital 26 (26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments
Amendment 71 #
Proposal for a regulation Recital 26 (26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments and the Commission should have the possibility to issue an opinion on foreign investments that have been completed but not notified up to 1
Amendment 72 #
Proposal for a regulation Recital 26 a (new) (26 a) Furthermore, the Commission should have the possibility to open an investigation regarding a foreign investment on its own initiative or at the request of at least two Member States where there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State, where a foreign investment relates to EU projects or programmes and when it is not clear which Member State is competent to carry out the investigation. The Commission’s investigative powers should include the ability to collect information from the Member States concerned, investors and other relevant parties and competent authorities as well as witnesses and experts. The Commission’s findings should be stipulated in a report, which would also include recommendations to the Member States concerned.
Amendment 73 #
Proposal for a regulation Recital 27 (27) For greater clarity,
Amendment 74 #
Proposal for a regulation Recital 28 (28)
Amendment 75 #
Proposal for a regulation 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
Amendment 76 #
Proposal for a regulation 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
Amendment 77 #
Proposal for a regulation 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 give such comments or opinion utmost 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.
Amendment 78 #
Proposal for a regulation 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 give such comments or opinion utmost 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.
Amendment 79 #
Proposal for a regulation Recital 32 (32) Member States or the Commission, as appropriate, might consider relevant
Amendment 80 #
Proposal for a regulation Recital 32 (32) Member States or the Commission, as appropriate, might consider relevant information received from economic operators, civil society organisations, social partners (such as trade unions) about a foreign investment likely to negatively affect security or public order. If a foreign investment in a Member State could have negative social consequences or an impact on employment and working conditions in another Member State or in a sector under pressure, the trade unions of the countries in question and European trade unions should be consulted.
Amendment 81 #
Proposal for a regulation Recital 34 (34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to
Amendment 82 #
Proposal for a regulation Recital 34 (34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to align deadlines and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneously. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order. The Commission
Amendment 83 #
Proposal for a regulation Recital 34 (34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to align deadlines, documents required and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneously. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order according to the case-law of the Court of Justice of the EU. The Commission should be able to participate in such coordination.
Amendment 84 #
Proposal for a regulation Recital 34 a (new) (34 a) To ensure transparency and efficiency in the cooperation mechanism, it is essential for Member States to provide complete additional information requested by the Commission or other Member States within a reasonable timeframe. Member States should comply with such requests without undue delay and no later than 180 days from the date of the request, using the secure and encrypted system established under this Regulation. Furthermore, when providing additional information to another Member State, the notifying Member State should simultaneously share the same information with the Commission to maintain consistency and facilitate effective coordination.
Amendment 85 #
Proposal for a regulation Recital 35 (35) T
Amendment 86 #
Proposal for a regulation Recital 35 (35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity and functioning of critical infrastructure, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment. This should include, in particular, whether an investor is controlled
Amendment 87 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate,
Amendment 88 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited
Amendment 89 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order
Amendment 90 #
Proposal for a regulation Recital 36 (36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, according to the case-law of the Court of Justice of the EU, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order.
Amendment 91 #
Proposal for a regulation Recital 37 (37) To support the implementation of the cooperation mechanism and to foster the exchange of good practices among Member States, the expert group on the screening of foreign investments set up pursuant to Regulation (EU) 2019/452 should be maintained and broadened to include trade unions.
Amendment 92 #
Proposal for a regulation Recital 40 (40) Member States and the Commission should be encouraged to cooperate with the responsible authorities of
Amendment 93 #
Proposal for a regulation Recital 43 (43) The Commission should draw up an annual report on the implementation of this Regulation and submit it to the European Parliament and to the Council. For greater transparency, the report should be made public. The report should be based on, among other things, reports submitted by all Member States to the Commission on a confidential basis with due respect to the need to ensure the protection of the confidentiality of certain information, in particular where the publication of data could affect the security or public order of the Union or jeopardi
Amendment 94 #
Proposal for a regulation Recital 44 (44) The Commission should rev
Amendment 95 #
Proposal for a regulation Recital 44 (44) The Commission should rev
Amendment 96 #
Proposal for a regulation Recital 49 (49)
Amendment 97 #
Proposal for a regulation 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,
Amendment 98 #
Proposal for a regulation 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,
Amendment 99 #
Proposal for a regulation 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
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