On the proposal for a regulation of the European Parliament and of the Council on the screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council
IMCO-PA-765339
Committee on the Internal Market and Consumer Protection · Rapporteur: Svenja Hahn
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This draft opinion proposes amendments to the proposed regulation on screening foreign investments, aiming to increase clarity, harmonisation, and transparency while protecting security and public order.¶¶ It introduces standardised timelines, clearer criteria for state influence, mandatory notification for opaque ownership, and enhanced transparency requirements.¶¶¶
Committee position. The rapporteur proposes amendments to the Commission's proposal to improve clarity, harmonisation, and transparency, while balancing security with investor confidence.¶¶
Key points
- Requires all Member States to screen foreign investments on security or public order grounds, harmonising core elements of national mechanisms.¶
- Mandates standardised appeal mechanisms with appeals resolved within 60 days, overseen by the Commission for consistency.¶
- Aligns national screening deadlines with Union cooperation timelines: initial review up to 30 days, in-depth investigation up to 60 additional days, with clear extension criteria.¶
- Requires notification of investments with opaque or unclear ownership structures as a precaution, and mandates a Commission opinion in such cases.¶¶
- Sets specific criteria for assessing third-country government control, including ownership over 25%, veto powers, funding, and governance rights.¶
- Adds public transparency requirements: Member States must provide guidance, risk frameworks, and templates; the Commission must maintain a central portal with case summaries.¶
- Limits retrospective screening to cases of new threats emerging post-investment, with specific criteria defined in implementing regulations.¶
- Requires Commission opinions to be based on specific and documented risks, following set issuance criteria.¶
- Extends the delegation of power to the Commission for a period of 5 years, renewable, with reporting obligations.¶
Who is affected
- Foreign investors: face clearer procedures, timelines, and appeal mechanisms, but must notify opaque ownership structures.¶¶¶
- Member States: must align screening deadlines, implement standardised appeals, and publish transparency resources.¶¶
- European Commission: gains stronger role in opaque ownership cases, must issue opinions based on documented risks, and maintain a central portal.¶¶