The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

2.5.2025 A10-0061/262

Amendment 262

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(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. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completed.

(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 due 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 due consideration. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completed.

Or. en

2.5.2025 A10-0061/263

Amendment 263

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(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 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.

(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 due 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.

Or. en

2.5.2025 A10-0061/264

Amendment 264

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

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 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.

3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall give the parties subject to the intended screening decision the opportunity to make their views known effectively.

Or. en

2.5.2025 A10-0061/265

Amendment 265

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

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 utmost consideration to such a comment or opinion.

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 due consideration to such a comment or opinion.

Or. en

2.5.2025 A10-0061/266

Amendment 266

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

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 shall be invited to any such meetings.

6. Following the receipt of a comment pursuant to paragraph 1, the Member State may 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 may 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 shall be invited to any such meetings.

Or. en

2.5.2025 A10-0061/267

Amendment 267

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 8 – point a

Text proposed by the Commission

Amendment

(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) no later than 3 calendar days after it was sent to the respective parties to the foreign investment;

(a) notify the operative part of its screening decision to the respective Member States and to the Commission via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days after it was sent to the respective parties to the foreign investment;

Or. en

2.5.2025 A10-0061/268

Amendment 268

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 8 – point b

Text proposed by the Commission

Amendment

(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) no later than 7 calendar days after the screening decision was notified pursuant to paragraph (a) on:

deleted

(i) the extent to which it gave the Member States’ comments or the Commission opinion utmost consideration; or

(ii) the reason for its disagreement with the Member States’ comments or the Commission opinion.

Or. en

2.5.2025 A10-0061/269

Amendment 269

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 8 – point b – point i

Text proposed by the Commission

Amendment

(i) the extent to which it gave the Member States’ comments or the Commission opinion utmost consideration; or

(i) the extent to which it gave the Member States’ comments or the Commission opinion due consideration; or

Or. en

2.5.2025 A10-0061/270

Amendment 270

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 7 – paragraph 9

Text proposed by the Commission

Amendment

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.

deleted

Or. en

2.5.2025 A10-0061/271

Amendment 271

Francesco Torselli, Daniele Polato

on behalf of the ECR Group

Report A10-0061/2025

Raphaël Glucksmann

The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

(COM(2024)0023 – C9-0011/2024 – 2024/0017(COD))

Proposal for a regulation

Article 9 – paragraph 7 – point a

Text proposed by the Commission

Amendment

(a) the comments by Member States or the opinion by the Commission shall be sent no later than 35 calendar days following receipt of the complete information requested pursuant to paragraph 5.

deleted

Or. en