Sittings · Document

Draft report (COM(2024)0023 – C90011/2024 – 2024/0017(COD)) 2025-02-04

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

Committee on International Trade

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Amendment 329

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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 in their territory that:

1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in respect of a Union target established or to be established in their territory that:

Or. en

Amendment 330

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 5 – paragraph 1 – point b – introductory part

Text proposed by the Commission

Amendment

(b) meets the conditions set out in Article 4(4) point (b) and any of the following conditions:

(b) subject to screening mechanisms in several Member States, meets the conditions set out in Article 4(4) point (b) and any of the following conditions:

Or. it

Amendment 331

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 5 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 332

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 5 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

(i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled, influenced or subsidised 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, or other kinds of structures aimed at influencing management decisions;

Or. en

Amendment 333

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 5 – paragraph 1 – point b – point i

Text proposed by the Commission

Amendment

(i) the foreign investor 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;

Or. it

Amendment 334

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 5 – paragraph 1 – point b – point iii

Text proposed by the Commission

Amendment

(iii) the foreign investor or any of its subsidiaries was involved in a foreign investment previously screened by a Member State and was not authorised or only authorised with conditions; to determine this, the notifying Member State shall rely on information available to them, including the information contained in the secure database set up pursuant to Article 7(10) and information provided by the foreign investor on this matter.

(iii) the foreign investor or any of its subsidiaries was involved in a foreign investment that the notifying Member State previously did not authorise or authorised with conditions.

Or. it

Amendment 335

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 5 – paragraph 1 – point b – point iii a (new)

Text proposed by the Commission

Amendment

(iiia) the Union target established or to be established is a recipient of funds as defined in Article 2 paragraph 53 of Regulation 2018/1046, or of any other relevant Union funds.

Or. en

Amendment 336

Christophe Bay, Thierry Mariani, Aleksandar Nikolic

on behalf of the PfE Group

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

The Member State may refrain from notifying a foreign investment where its transmission is likely to compromise the protection of classified information relating to national security and defence, in accordance with the rules applicable at national level.

Or. fr

Amendment 337

Sunčana Glavak

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall notify 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 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.

2. Any investment involving a foreign state-controlled enterprise must be automatically notified to the Commission and subject to a mandatory assessment of potential security and economic risks. Such enterprises include, but are not limited to, those where a foreign government holds a majority stake or exercises significant influence over decision-making.

Or. en

Amendment 338

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. For investments that meet the conditions set out in Article 4(4) point (b), Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established in their territory where they could impose a mitigating measure or prohibit the transaction.

Or. it

Amendment 339

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall notify the Commission and the other Member States of any foreign investment in a Union target established or 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 to be established in their territory where they intend to impose a mitigating measure or to prohibit the transaction without an in-depth investigation.

Or. en

Amendment 340

Lídia Pereira

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

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.

Or. en

Amendment 341

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall notify the Commission and other Member States of any foreign investment in their territory where, in exceptional cases, they intend to impose a mitigating measure or prohibit the transaction without conducting an in-depth investigation, providing a justification for such a decision.

Or. en

Amendment 342

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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 II.

Member States shall 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 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 or where other Member States have relevant undertakings operating in areas listed in Annex II. The Commission and the Member States shall regularly share information with each other on which undertakings may be relevant for security and public order.

Or. en

Amendment 343

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall 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 II.

Or. en

Amendment 344

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

Member States 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 II.

Or. en

Amendment 345

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Where a Member State intends to notify a foreign investment in its territory that forms part of a multi-country transaction pursuant to Article 6(2), it shall coordinate with the other Member States who received the request for authorisation. The respective Member States shall notify the multi-country transaction and they shall endeavour to send their notifications to the cooperation mechanism on the same day.

deleted

Or. it

Amendment 346

Marina Mesure

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2 – point 1 (new)

Text proposed by the Commission

Amendment

(1) Member States shall ensure that trade unions and workers' representative bodies may require the competent authorities of the Member States and the Commission to activate screening mechanisms.

Or. en

Amendment 347

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that a notification pursuant to Article 5 contains the information referred to in Article 10(1) and is sent to the Commission and other Member States via the secure and encrypted system referred to in Article 12(4):

1. Member States shall ensure that a notification pursuant to Article 5 contains the information referred to in Article 10(1) and is sent to the Commission and other Member States in a secure and encrypted manner, to ensure the strict confidentiality of the information communicated:

Or. fr

Amendment 348

Raphaël Glucksmann

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) within 15 calendar days of receiving the respective request for authorisation for foreign investments meeting any of the conditions set out in Article 5(1) or (3);

(a) within 15 calendar days of receiving the respective request for authorisation for foreign investments meeting any of the conditions set out in Article 5(1), 2(a) or (3);

Or. en

Amendment 349

Sunčana Glavak

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission

Amendment

2. The following procedures shall apply to multi-country transactions:

deleted

(a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States on the same day, and each request for authorisation shall make reference to the other requests;

(b) where a Member State receives a request for authorisation that meets the conditions set out in point (a), it shall coordinate with the other Member States concerned, inter alia, to determine whether point (c) or (d) of this paragraph is applicable; the Commission may participate in such coordination upon request from one or more Member States;

(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 and within the deadline laid down in point (a) of paragraph 1 of this Article;

(d) if the requests for authorisation concern a foreign investment meeting the conditions set out in Article 5(2), the respective Member States shall endeavour to send their notifications to the cooperation mechanism on the same day.

Or. en

Amendment 350

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States on the same day, and each request for authorisation shall make reference to the other requests;

a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States within a maximum of three calendar days, starting from the date of submission of the first request, and each request for authorisation shall make reference to the other requests;

Or. fr

Amendment 351

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) applicants requesting an authorisation shall file their requests for authorisation in all relevant Member States within 3 calendar days, and each request for authorisation shall make reference to the other requests;

Or. en

Amendment 352

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 6 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) applicants requesting an authorisation shall try to file their requests for authorisation in all relevant Member States on the same day, and each request for authorisation shall make reference to the other requests;

Or. it

Amendment 353

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 354

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

Or. en

Amendment 355

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 356

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 6 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 357

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 6 – paragraph 2 – point d

Text proposed by the Commission

Amendment

deleted

Or. it

Amendment 358

Sunčana Glavak

Proposal for a regulation

Article 6 a (new)

Text proposed by the Commission

Amendment

Article 6a

Specific rules applicable to multi-country transactions

1. Applicants requesting an authorisation for an investment in several Member States shall file their requests for authorisation in all relevant Member States within 5 calendar days of the first request for authorisation, and each request for authorisation shall make reference to the other requests.

2. Where a Member State receives a request for authorisation that meets the conditions set out in paragraph 1, it shall coordinate with the other Member States concerned, inter alia, to determine whether the investment is notifiable; the Commission may participate in such coordination upon request from one or more Member States.

3. 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 and within the deadline laid down in Article 6, point (a).

4. If the requests for authorisation concern a foreign investment meeting the conditions set out in Article 5(2), the Member States concerned shall endeavour to send their notifications to the cooperation mechanism on the same day.

5. The Member States concerned shall coordinate closely throughout the procedure. In particular, they shall endeavour to align the timelines of their respective screening procedures and to ensure that their respective screening decisions are compatible with each other. Where applicable, they shall endeavour to take their final screening decision on the same day.

Or. en

Amendment 359

Sunčana Glavak

Proposal for a regulation

Article 6 b (new)

Text proposed by the Commission

Amendment

Article 6b

Investments originating from companies based in EU Member States and NATO allies should be subject to a simplified screening procedure, reflecting their alignment with the Union’s security and economic interests. This fast-track process shall ensure minimal administrative burden while maintaining security and economic stability.

Or. en

Amendment 360

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 7 – title

Text proposed by the Commission

Amendment

Comments by Member States and opinions by the Commission on notified foreign investments

Comments by Member States and by the Commission on notified foreign investments

Or. en

Amendment 361

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Any Member State may issue duly motivated comments to the notifying Member State via the secure and encrypted system referred to in Article 12(4). A Member State may issue such comments if it:

Any Member State may issue duly motivated comments to the notifying Member State via a secure and encrypted system. A Member State may issue such comments if it:

Or. fr

Amendment 362

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) has information relevant for the screening of that foreign investment.

(b) has information relevant for the screening of that foreign investment. The Member State issuing comments on a multi-country transaction shall simultaneously send its comments to the Commission and inform through the cooperation mechanism the Member States involved that comments have been provided.

Or. it

Amendment 363

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The Member State issuing comments shall simultaneously send its comments to the Commission and inform through the cooperation mechanism all other Member States that comments have been provided.

The Member State issuing comments may simultaneously send its comments to the Commission and inform through the cooperation mechanism all other Member States that comments have been provided.

Or. fr

Amendment 364

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission may issue a duly motivated opinion addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4). The Commission may issue such an opinion if:

The Commission may issue a duly motivated opinion addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4). The Commission shall issue such an opinion if:

Or. en

Amendment 365

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

The Commission may issue a duly motivated opinion addressed to the notifying Member State via a secure and encrypted system. The Commission may issue such an opinion if:

Or. fr

Amendment 366

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

a) it considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State;

a) it has evidence that such a foreign investment is likely to seriously undermine the security or public order of more than one Member State;

Or. fr

Amendment 367

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1

Text proposed by the Commission

Amendment

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; or

it has evidence that such a foreign investment seriously undermines projects or programmes of Union interest on grounds of security or public order;

Or. fr

Amendment 368

Svenja Hahn, Ľubica Karvašová, Dan Barna, Marie-Pierre Vedrenne

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may issue an opinion regardless of whether Member States have issued comments.

The Commission may issue an opinion regardless of whether Member States have issued comments. In cases where the investment has been notified pursuant to Article 5(2) due to the ownership structure being opaque or unclear, the Commission shall issue an opinion.

Or. en

Amendment 369

Svenja Hahn, Ľubica Karvašová, Dan Barna, Marie-Pierre Vedrenne

Proposal for a regulation

Article 7 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

In order to ensure transparency and predictability, opinions of the Commission shall be based on specific and documented risks and shall follow set issuance criteria, including documented security risks or cross-border concerns.

Or. en

Amendment 370

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

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. After a Commission opinion is issued, the Commission may, as appropriate, discuss with Member States how to address the identified risks.

3. The Commission shall issue a duly motivated opinion addressed to all Member States if it considers that one or several foreign investments or other similar investments if they were to be made, taken together or individually, and having regard to their characteristics could affect the security or public order of the Union. After a Commission opinion is issued, the Commission shall, as appropriate, discuss with Member States the measures to address the identified risks.

Or. en

Amendment 371

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

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 security or public order in more than one Member State. After a Commission opinion is issued, the Commission may, as appropriate, discuss with Member States how to address the identified risks.

Or. it

Amendment 372

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may issue a duly motivated opinion addressed to all Member States if it has evidence that several foreign investments or other similar investments if they were to be made, taken together, and having regard to their characteristics seriously undermine the security or public order of the Union. After a Commission opinion is issued, the Commission may, as appropriate, discuss with Member States how to address the identified risks.

Or. fr

Amendment 373

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 4 – point a

Text proposed by the Commission

Amendment

a) send opinions meeting the conditions set out in points (a) and (c) of paragraph 2 to all Member States that provided comments and notify the other Member States that an opinion was issued via the secure and encrypted system referred to in Article 12(4);

Or. fr

Amendment 374

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) send opinions meeting the conditions set out in points (a) and (c) of paragraph 2 to all Member States that provided comments and notify the other Member States that an opinion was issued via the secure and encrypted system referred to in Article 12(4);

(a) send opinions meeting the conditions set out in points (a) and (c) of paragraph 2 to the States involved in the transaction and notify the other Member States that an opinion was issued via the secure and encrypted system referred to in Article 12(4);

Or. it

Amendment 375

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 4 – point b

Text proposed by the Commission

Amendment

(b) send opinions meeting the conditions set out in point (b) of paragraph 2 and opinions meeting the conditions in paragraph 3 to all Member States via the secure and encrypted system referred to in Article 12(4). A Member State which duly considers that a foreign direct investment in its territory is likely to affect its security or public order may request the Commission to issue an opinion or other Member States to provide comments.

Or. it

Amendment 376

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 4 – point b

Text proposed by the Commission

Amendment

b) send opinions meeting the conditions set out in point (b) of paragraph 2 and opinions meeting the conditions in paragraph 3 to all Member States via the secure and encrypted system referred to in Article 12(4).

b) send opinions meeting the conditions set out in point (b) of paragraph 2 and opinions meeting the conditions in paragraph 3 to all Member States via a secure and encrypted system.

Or. fr

Amendment 377

Francesco Torselli, Daniele Polato

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.

Or. it

Amendment 378

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

Or. fr

Amendment 379

Francesco Torselli, Daniele Polato

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.

deleted

Or. it

Amendment 380

Daniel Caspary, Céline Imart

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 consult with the Member States that issued comments, where applicable, and the Commission 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 and the Commission 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 consulted 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 consultation.

Or. en

Amendment 381

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

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 consult 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 the extent possible, 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 may be invited to any such consultations.

Or. fr

Amendment 382

Enikő Győri

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 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 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.

Or. en

Amendment 383

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

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 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.

Or. en

Amendment 384

Markéta Gregorová, Anna Cavazzini

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 and the Commission 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 and the Commission 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.

Or. en

Amendment 385

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. Following the receipt of an opinion pursuant to paragraph 2 or 3, the procedure set out in paragraph 6 shall apply mutatis mutandis.

deleted

Or. fr

Justification

Where the Commission issues a motivated opinion under paragraph 2 or 3, the procedure described in paragraph 6 must be followed by analogy (namely, applying the same principles with adjustments where necessary). This means that: a meeting must be organised to discuss the risks identified by the Commission. The Member States and the Commission must work together to identify and implement appropriate solutions. A deletion therefore makes it possible to avoid organising a meeting with the Commission.

Amendment 386

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 7

Text proposed by the Commission

Amendment

7. Following the receipt of an opinion pursuant to paragraph 2 or 3, the procedure set out in paragraph 6 shall apply mutatis mutandis.

deleted

Or. it

Amendment 387

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 7 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7 a. If no alternative solution is reached pursuant to 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 new conditions to reach an alternative solution.

Or. en

Justification

The Alert procedure should be seen in conjunction with our next amendment introducing the Decision procedure that goes beyond mere opinion or comment. The alert may be issued by the Commission when a screening decision from a Member State harms the security and public order of another Member State, and no solution is found during the meeting in paragraph 6. The Commission is in charge of issuing an alert, upon approval of the other affected Member State, to avoid Member States hijacking each other's process based on unsubstantiated grounds. Note that this would only happen in very exceptional cases, and a phased approach is introduced to the deadlines in Article 8 to avoid unnecessary delays. This amendment is based on language of the Commission proposal of the Notifications Directive, intended to enforce the Services directive, which has the same legal basis as the FDI screening revision.

Amendment 388

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 7 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

7b. Where the Commission has issued an alert in accordance with Paragraph 7a and no alternative solution is reached 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 Regulation 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.

Or. en

Justification

The Decision procedure should be seen in conjunction with our previous amendment introducing the Alert procedure that goes beyond mere opinion or comment. If no solution (e.g. mitigation measures) is found following the alert, the Commission may decide a screening decision from a Member State harms the security and public order of another Member State. The Commission is in charge of issuing a decision, upon approval of the other affected Member State, to avoid Member States hijacking each other's process based on unsubstantiated grounds. Note that this would only happen in very exceptional cases, and a phased approach is introduced to the deadlines in Article 8 to avoid unnecessary delays. This amendment is based on language of the Commission proposal of the Notifications Directive, intended to enforce the Services directive, which has the same legal basis as the FDI screening revision.

Amendment 389

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 7 – paragraph 8 – introductory part

Text proposed by the Commission

Amendment

8. Following the receipt of an opinion pursuant to paragraph 2 or 3, the Member State where the foreign investment is planned or completed shall:

8. Following the consultation referred to in paragraph 6 of this article, the host Member State shall transmit its intended screening decision to the respective Member States and the Commission, along with a written explanation that includes:

(i) the extent to which it has given the comments of the Member States and the Commission’s opinion the utmost consideration; and

(ii) where applicable, the reasons for any disagreement with the comments of the Member States or the Commission’s opinion.

Or. en

Amendment 390

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 8 – introductory part

Text proposed by the Commission

Amendment

8. Following the receipt of an opinion pursuant to paragraph 2 or 3, the Member State where the foreign investment is planned or completed shall:

8. In multi-country transactions, each Member State where the foreign investment is planned or completed shall notify the outcome of its screening decision to the Member States involved and to the Commission.

Or. it

Amendment 391

Francesco Torselli, Daniele Polato

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;

deleted

Or. it

Amendment 392

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

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 its screening decision to the respective Member States in a secure and encrypted manner no later than 3 calendar days after it was sent to the respective parties to the foreign investment, and may notify the Commission, under the same confidentiality conditions, of the screening decision;

Or. fr

Amendment 393

Enikő Győri

Proposal for a regulation

Article 7 – paragraph 8 – point a

Text proposed by the Commission

Amendment

(a) notify the operative part of its screening decision to the respective Member States and to the Commission no later than 3 calendar days after the screening decision entered into force;

Or. en

Amendment 394

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 7 – paragraph 8 – point a

Text proposed by the Commission

Amendment

(a) notify its intended 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 7 calendar days before sending it to the respective parties to the foreign investment, and;

Or. en

Amendment 395

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

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) before it was sent to the respective parties to the foreign investment;

Or. en

Amendment 396

Francesco Torselli, Daniele Polato

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. it

Amendment 397

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 7 – paragraph 8 – point b – introductory part

Text proposed by the Commission

Amendment

(b) provide a written explanation on:

Or. en

Amendment 398

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 8 – point b – introductory part

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:

b) provide a written explanation to the respective Member States in a secure and encrypted manner no later than 7 calendar days after the screening decision was notified pursuant to paragraph (a), and may notify the Commission, under the same confidentiality conditions, of the screening decision:

Or. fr

Amendment 399

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 7 – paragraph 8 – point b – introductory part

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) before the screening decision was notified pursuant to paragraph (a) on:

Or. en

Amendment 400

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

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

deleted

Or. fr

Justification

Reduced administrative burden for Member States, who would be required to justify each filtering decision in writing to multiple parties. This deletion preserves a certain flexibility in the written explanations. Paragraph 9 is sufficient.

Amendment 401

Francesco Torselli, Daniele Polato

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

deleted

Or. it

Amendment 402

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 8 – point b – point ii

Text proposed by the Commission

Amendment

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

deleted

Or. it

Amendment 403

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 7 – paragraph 8 – point b – point ii

Text proposed by the Commission

Amendment

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

deleted

Or. fr

Justification

Amendment 404

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 7 – paragraph 8 – point b a (new)

Text proposed by the Commission

Amendment

(ba) The comments and opinions received 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.

Or. en

Amendment 405

Francesco Torselli, Daniele Polato

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. it

Amendment 406

Markéta Gregorová, Anna Cavazzini

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 intended 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 immediately organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall endeavour to ultimately find a solution that takes such comments and opinions into account. 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.

When a solution is found, the Member State where the investment is planned or completed will send its final screening decision to the respective parties to the foreign investment.

When a solution is not found, and the Member States and the Commission have reasons to believe that the foreign investment is likely to affect security or public order, they shall inform, once again, the Member State where the investment is planned or completed via the secure and encrypted system referred to in Article 12, paragraph 4, which shall subsequently suspend its screening decision until Article 7a is applied.

Or. en

Amendment 407

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

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 may organise a meeting to explain the obstacles encountered or the reasons for disagreement and may 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.

9. Where the Member States indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give reasonable consideration to their comments provided pursuant to paragraph 1, they may ask the Member State where the investment is planned or completed for an explanation, in a secure and encrypted manner, as to the obstacles encountered or the reasons for disagreement and shall endeavour to the extent possible 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 consulted. The Commission may be informed of the outcome of the consultations.

Or. fr

Amendment 408

Raphaël Glucksmann

Proposal for a regulation

Article 7 – paragraph 9 a (new)

Text proposed by the Commission

Amendment

9a. Where, following the meeting referred to in paragraph 9 of this Article, a Member State or the Commission considers that an intended decision based on Article 14 (1) point (a) or Article 14 (2) does not adequately address or mitigate risks to security or public order, it shall inform the host Member State and the Commission within 7 calendar days of the meeting. The host Member State shall suspend its screening procedure until the Commission has taken a decision pursuant to Article 9b(2). The deadline pursuant to Article 8(7a), first subparagraph, shall not be applicable.

Following the Commission’s decision pursuant to Article 9b(2), the host Member State shall take its screening decision within 5 calendar days.

Or. en

Amendment 409

Daniel Caspary, Céline Imart, Jörgen Warborn

Proposal for a regulation

Article 7 – paragraph 9 a (new)

Text proposed by the Commission

Amendment

9a. If, following the consultation referred to in paragraph 9 of this Article, a Member State or the Commission believes that the foreign investment may impact security or public order, including economic security, it shall notify the host Member State and the Commission within 7 calendar days of the meeting. The host Member State shall suspend its screening process until the Commission has made a decision in accordance with Article 9b(2). The deadline specified in Article 8(7a), first subparagraph, shall not apply during this period.

After the Commission’s decision under Article 9b(2), the host Member State shall make its screening decision within 5 calendar days.

Or. en

Amendment 410

Daniel Caspary, Céline Imart, Jörgen Warborn

Proposal for a regulation

Article 7 – paragraph 9 b (new)

Text proposed by the Commission

Amendment

9b. The host Member State shall notify its screening decision to the Member States that provided comments, if applicable, and to the Commission no later than 3 calendar days after it has been communicated to the relevant parties involved in the foreign investment.

Or. en

Amendment 411

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 10

Text proposed by the Commission

Amendment

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. 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.

deleted

Or. it

Amendment 412

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 7 – paragraph 10 a (new)

Text proposed by the Commission

Amendment

10a. The Commission shall develop a business intelligence capability to inform the Member State screening authorities, develop coordinated risk assessments and, in consultation with the FDI Expert Group, support a Union FDI capacity-building programme to offer 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.

Or. en

Amendment 413

Sunčana Glavak

Proposal for a regulation

Article 7 – paragraph 10 a (new)

Text proposed by the Commission

Amendment

10a. The shipbuilding industry is a sector of strategic importance to several Member States. Any foreign investment in shipbuilding facilities, ports, or maritime infrastructure must undergo a detailed security assessment, ensuring that it does not undermine the Union’s naval and industrial interests.

Or. en

Amendment 414

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 7 – paragraph 11

Text proposed by the Commission

Amendment

11. When issuing comments or an opinion pursuant to this Article, the Member States, and the Commission, as the case may be, shall consider whether such comments or opinion should be classified information and what level of classification should apply thereto, in accordance with Union and the respective national law on classified information.

Or. it

Amendment 415

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

Decisions by the Commission applying to the screening decisions of Member States

Following the suspension of a screening decision pursuant to article 7 paragraph 9, the Commission shall issue a Decision to:

(a) Authorise the intended screening decision of a Member State if it concludes that the foreign investment is not likely to affect security or public order or if the screening decision adequately mitigates the risks;

(b) Authorise the foreign investment subject to certain mitigating measures;

The Commission shall issue its Decision within 20 calendar days following the suspension of the screening decision pursuant to in Article 7 paragraph 9. The Commission shall inform the Member States of its Decision via the secure and encrypted system referred to in article 12 paragraph 4.

Or. en

Amendment 416

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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 15 calendar days following the receipt of the notification pursuant to Article 5;

a) Member States shall inform the notifying Member State via a secure and encrypted system that they reserve their right to issue comments no later than 15 calendar days following the receipt of the notification pursuant to Article 5;

Or. fr

Amendment 417

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

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 working days following the receipt of the notification pursuant to Article 5.

b) the Commission shall inform the notifying Member State via a secure and encrypted system that it reserves its right to issue an opinion no later than 15 calendar days following the receipt of the notification pursuant to Article 5.

Or. fr

Amendment 418

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. When reserving their right to issue comments or an opinion, Member States and the Commission may request additional information from the notifying Member State. Any request for additional information shall 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 and not unduly burdensome for the notifying Member State. Where a Member State requests additional information from the notifying Member State, it shall send such requests to the Commission simultaneously.

2. When reserving their right to issue comments, Member States may request additional information from the notifying Member State. Any request for additional information shall be duly justified, strictly limited to the information necessary for the Member States to provide comments, proportionate to the purpose of the request, and not burdensome for the notifying Member State. Where a Member State requests additional information from the notifying Member State, it may send such requests to the Commission simultaneously.

Or. fr

Amendment 419

Lídia Pereira

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(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 35 calendar days following receipt of the complete notification of the foreign investment;

(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 30 calendar days following receipt of the complete notification of the foreign investment;

Or. en

Amendment 420

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

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 35 calendar days following receipt of the complete notification of the foreign investment;

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 a secure and encrypted system no later than 35 calendar days following receipt of the complete notification of the foreign investment;

Or. fr

Amendment 421

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

b) where the Commission reserves its right to issue an opinion on a notified foreign investment without requesting additional information from the notifying Member State, the respective opinion shall be addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 45 calendar days following receipt of the complete notification of the foreign investment;

b) where the Commission reserves its right to issue an opinion on a notified foreign investment without requesting additional information from the notifying Member State, the respective opinion shall be addressed to the notifying Member State via a secure and encrypted system no later than 45 calendar days following receipt of the complete notification of the foreign investment;

Or. fr

Amendment 422

Lídia Pereira

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(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 20 calendar days following receipt of the complete additional information;

(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 15 calendar days following receipt of the complete additional information;

Or. en

Amendment 423

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

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 20 calendar days following receipt of the complete additional information;

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 a secure and encrypted system no later than 20 calendar days following receipt of the complete additional information;

Or. fr

Amendment 424

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

d) where the Commission reserves its right to issue an opinion and requests additional information from the notifying Member State, the respective opinion shall be issued to the notifying Member State via the secure and encrypted system referred to in Article 12(4) no later than 30 calendar days following receipt of the complete additional information.

d) where the Commission reserves its right to issue an opinion and requests additional information from the notifying Member State, the respective opinion shall be issued to the notifying Member State via a secure and encrypted system no later than 20 calendar days following receipt of the complete additional information.

Or. fr

Amendment 425

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) the meeting referred to in Article 7(6) shall occur within 30 calendar days following the opinion or comment.

Or. en

Amendment 426

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point d b (new)

Text proposed by the Commission

Amendment

(db) 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).

Or. en

Amendment 427

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point d c (new)

Text proposed by the Commission

Amendment

(dc) Upon receipt of 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.

Or. en

Amendment 428

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 – point d d (new)

Text proposed by the Commission

Amendment

(dd) where the Commission reserves the right to issue 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).

Or. en

Amendment 429

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The notifying Member State shall take their screening decision only after the deadlines referred to in points (a)-(d) have expired.

deleted

Or. en

Amendment 430

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The notifying Member State shall take their screening decision only after the deadlines referred to in points (a)-(d) have expired.

The notifying Member State shall take their screening decision only after the deadlines referred to in points (a)-(d) have expired. If the Commission reserves the right to issue an alert or Decision, the notifying Member State shall take their screening decision only after the deadlines in points (dc) and (dd) have expired.

Or. en

Amendment 431

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. The notifying Member State shall notify the Commission and the other Member States via the secure and encrypted system referred to in Article 12(4) any substantial new information or circumstances relevant for the assessment of a foreign investment already notified pursuant to Article 5. If this information is made available before the deadlines set out in paragraph 3 expire, the notifying Member State, the Commission and the other Member States shall endeavour to agree on a mutually acceptable extension of the deadline. If the deadlines for the assessment of the initial notification set out in paragraph 3 have passed, they shall resume according to the deadlines set out in point (c) and (d) of paragraph 3.

4. The notifying Member State shall notify the Commission and the other Member States via a secure and encrypted system any substantial new information or circumstances relevant for the assessment of a foreign investment already notified pursuant to Article 5. If this information is made available before the deadlines set out in paragraph 3 expire, the notifying Member State, the Commission and the other Member States shall endeavour, to the extent possible, to agree on a mutually acceptable extension of the deadline. If the deadlines for the assessment of the initial notification set out in paragraph 3 have passed, they shall resume according to the deadlines set out in point (c) and (d) of paragraph 3.

Or. fr

Amendment 432

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. The notifying Member State shall notify the Commission and the other Member States via the secure and encrypted system referred to in Article 12(4) any substantial new information or circumstances relevant for the assessment of a foreign investment already notified pursuant to Article 5. If this information is made available before the deadlines set out in paragraph 3 expire, the notifying Member State, the Commission and the other Member States shall agree on a mutually acceptable extension of the deadline. If the deadlines for the assessment of the initial notification set out in paragraph 3 have passed, they shall resume according to the deadlines set out in point (c) and (d) of paragraph 3.

Or. en

Amendment 433

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

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 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.

5. The notifying Member State shall provide the complete additional information requested by the Commission or other Member States pursuant to paragraph 2 expeditiously 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.

Or. en

Amendment 434

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 8 – paragraph 7

Text proposed by the Commission

Amendment

7. Where several notifying Member States receive requests for additional information about a given multi-country notification, the deadlines set out in paragraph 3 shall commence on the date of receipt of the last complete additional information. The Commission shall communicate this date and the deadline to the respective Member States.

deleted

Or. it

Amendment 435

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 8 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. The notifying Member State shall take its screening decision only after receipt of comments or opinions pursuant to paragraph 3 and within 30 calendar days thereafter. Where the adoption of screening decisions has been suspended pursuant to Article 7 paragraph 9, screening decisions shall be taken only after the procedure pursuant to Article 7a has been completed.

Or. en

Amendment 436

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 8 – paragraph 8

Text proposed by the Commission

Amendment

8. Where, due to exceptional circumstances, the notifying Member State considers that its security or public order requires issuing a screening decision before the deadlines referred to in paragraph 3 expire, it shall notify the other Member States and the Commission of its intention and duly justify the need for immediate action. The other Member States and the Commission shall provide comments or issue an opinion expeditiously. This procedure shall not be invoked to serve purely the commercial interests of the applicant requesting the authorisation.

Or. en

Amendment 437

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 8 – paragraph 8

Text proposed by the Commission

Amendment

8. Where, due to exceptional circumstances, the notifying Member State considers that its security or public order requires issuing a screening decision before the deadlines referred to in paragraph 3 expire, it shall notify the other Member States and the Commission of its intention and duly justify the need for immediate action. The other Member States shall provide comments, and the Commission may issue an opinion, expeditiously. This procedure shall not be invoked to serve purely the commercial interests of the applicant requesting the authorisation.

Or. fr

Amendment 438

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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 an own initiative procedure in relation to that foreign investment. Before opening the procedure, the Member State shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

1. A Member State that considers that a foreign investment in the territory of another Member State, which has not been notified to the screening authority, is likely to negatively affect its security or public order, it may open an own initiative procedure in relation to that foreign investment. Before opening the procedure, the Member State shall check that the Member State where the investment is planned or completed has not received a request for authorisation, or that the investment does not require authorisation under the national mechanism.

Or. it

Amendment 439

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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, because the parties to that foreign investment have not requested an authorisation, is likely to negatively affect its security or public order, it may open an own initiative procedure in relation to that foreign investment. Before opening the procedure, the Member State shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

Or. en

Amendment 440

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1. If the Commission or a Member State 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, the Member State or the Commission may open an own initiative procedure in relation to that foreign investment. Before opening the procedure, the Member State or the Commission shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

Or. en

Amendment 441

Marina Mesure

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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, its sovereignty and essential interests, good working conditions, preservation of its economic and territorial cohesion, protection of environmental standards and the fight against tax evasion, it may open an own initiative procedure in relation to that foreign investment. Before opening the procedure, the Member State shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

Or. en

Amendment 442

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall be granted at least 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

2. Member States shall be granted up to 24 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 443

Lídia Pereira

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall be granted at least 18 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 444

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall be granted no more than 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. it

Amendment 445

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall be granted up to 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 446

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall be granted up to 12 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. fr

Amendment 447

Enikő Győri

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 448

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States and the Commission shall be granted at least 15 months, after the foreign investment has been completed, the right to open the procedure set out in paragraph 1, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 449

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may open an own initiative procedure when it considers that a foreign investment in the territory of a Member State which has not been notified to the cooperation mechanism falls under Article 7(2). Before opening the procedure, the Commission shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

3. The Commission may open an own initiative procedure when it considers that a foreign investment in the territory of a Member State which has not been notified to the screening authority falls under Article 7(2). Before opening the procedure, the Commission shall check that the Member State where the investment is planned or completed has not received a request for authorisation, or that the investment does not require authorisation under the national mechanism.

Or. it

Amendment 450

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may issue a duly motivated opinion when it has evidence that a foreign investment in the territory of a Member State which has not been notified to the cooperation mechanism falls under Article 7(2). Before issuing this duly motivated opinion, the Commission shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.

Or. fr

Amendment 451

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be granted at least 15 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

4. The Commission shall be granted the right to issue a duly motivated opinion, as promptly as possible, and no later than 6 months, after the foreign investment has been completed, in accordance with paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. fr

Amendment 452

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be granted up to 24 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 453

Lídia Pereira

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be granted at least 18 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. en

Amendment 454

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be granted no more than 15 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.

Or. it

Amendment 455

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member States or the Commission shall open the own initiative procedure set out in paragraph 1 and 3 respectively by sending a duly motivated request for information via the secure and encrypted system referred to in Article 12(4) to the Member State where the foreign investment is planned or has been completed. Any request for information pursuant to this paragraph shall 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 and not unduly burdensome for the notifying Member State. Where the request for information is submitted by a Member State, that Member State shall send the request to the Commission simultaneously.

5. The Member States in accordance with paragraph 1, and where applicable, the Commission, in accordance with paragraph 3, may open their own initiative procedure by sending a duly motivated request for information, in a secure and encrypted manner, to the Member State where the foreign investment is planned or has been completed. Any request for information pursuant to this paragraph shall 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 and not burdensome for the notifying Member State. Where the request for information is submitted by a Member State, that Member State may notify the Commission simultaneously, under the same confidentiality conditions.

Or. fr

Amendment 456

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 6

Text proposed by the Commission

Amendment

6. The Member State where the investment is planned or completed shall provide the complete information requested by the other Member States or the Commission pursuant to paragraph 5 without undue delay 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.

6. The Member State where the investment is planned or completed shall provide the complete information requested by the other Member States or the Commission pursuant to paragraph 5 without undue delay via a secure and encrypted system. Where the notifying Member State provides additional information to a Member State, such additional information shall be sent to the Commission simultaneously.

Or. fr

Amendment 457

Daniel Caspary, Céline Imart, Jörgen Warborn

Proposal for a regulation

Article 9 – paragraph 7 – introductory part

Text proposed by the Commission

Amendment

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:

7. After receiving the information referred to in paragraph 6, Member States may submit comments, and the Commission may issue an opinion to the host Member State, no later than 30 calendar days after receiving the complete information requested in paragraph 5. In cases where the procedure was initiated by a Member State, the Commission shall have an additional 15 calendar days to provide its opinion. The host Member State shall give the highest consideration to such comments or the opinion.

Or. en

Amendment 458

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 9 – paragraph 7 – introductory part

Text proposed by the Commission

Amendment

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:

7. Following receipt of information referred to in paragraph 6, Member States may provide new comments and the Commission may provide a new duly motivated opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modification:

Or. fr

Amendment 459

Marina Mesure

Proposal for a regulation

Article 9 – paragraph 7 – introductory part

Text proposed by the Commission

Amendment

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The opinion of the Commission shall simultaneously be communicated to the other Member States and to the European Parliament, and this advice should be considered. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:

Or. en

Amendment 460

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 9 – paragraph 7 – introductory part

Text proposed by the Commission

Amendment

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:

7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7, 7a and 8 shall apply mutatis mutandis, subject to the following modifications:

Or. en

Amendment 461

Daniel Caspary, Céline Imart

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.

(a) Upon receiving a comment or opinion pursuant to paragraph 7 of this Article, the host Member State shall arrange a meeting with the Member States that submitted comments, where applicable, and the Commission, to discuss the identified risks and how to address them effectively. If the host Member State disagrees with the identified risks or the proposed measures in the comment or opinion, the Member States and the Commission shall collaborate to assess alternative mitigation measures and agree on a suitable course of action to manage the risks in question.

Or. en

Amendment 462

Lídia Pereira

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.

(a) the comments by Member States or the opinion by the Commission shall be sent no later than 30 calendar days following receipt of the complete information requested pursuant to paragraph 5.

Or. en

Amendment 463

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

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.

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

Or. fr

Amendment 464

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 – paragraph 7 – point b

Text proposed by the Commission

Amendment

(b) for procedures initiated pursuant to paragraph 1, the Commission shall have 15 additional calendar days to issue an opinion after the deadline for the Member State set out in point (a) of this paragraph have expired.

(b) After the consultation mentioned in paragraph 7a, the host Member State shall notify the Commission and, where applicable, the Member State that provided the comment, of its decision on whether it intends to proceed with screening the investment.

Or. en

Amendment 465

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. If the host Member State decides not to proceed with the screening of the foreign investment, it shall provide a written explanation to the relevant Member States and the Commission, outlining the reasons for its disagreement with the comments from the Member States or the opinion of the Commission.

Or. en

Amendment 466

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

Article9a

Investigative powers of the Commission

1. Upon a duly justified request by a Member State or on its own initiative, and provided the host Member State has been notified and raises no objection, the Commission may request information in accordance with this Article.

2. The Commission may require the parties involved in a foreign investment to provide any information deemed necessary to assess whether the foreign investment is likely to negatively affect security or public order, including economic security. It may request information from any other entity or person likely to possess relevant information for assessing whether a foreign investment is likely to negatively affect security or public order, including suppliers, contractors, and customers. Moreover the Commission shall be granted investigation power.

3. The Commission shall inform a Member State before seeking such information on its territory.

4. A request for information pursuant to paragraph 2 shall:

(a) state its legal basis and purpose, specify the required information, and set an appropriate time limit for its provision;

(b) be duly justified and limited to the information strictly necessary for assessing the potential impact of a transaction on security or public order, including economic security;

(c) include a statement that if the information supplied is incorrect, incomplete or misleading, the periodic penalty payments provided for in paragraph 6 could be imposed;

(d) include a statement that a lack of cooperation may allow the Commission to take a decision based on the facts available.

5. The deadlines established under the cooperation mechanism provided for in this Regulation shall be automatically suspended for the time required to provide the information requested by the Commission. The suspension shall take effect from the date of the Commission’s request for information and shall remain in effect until the requested information has been fully received. The Commission shall promptly notify the relevant Member States of both the suspension and its lifting.

6. In the event of unjustified lack of compliance with the Commission’s information requests, the Commission may impose, by decision:

(a) fines not exceeding 1 % of the aggregate turnover of the party or entity concerned in the preceding financial year; or

(b) periodic penalty payments, where incomplete, incorrect, or misleading information is provided, or the requested information is not supplied within the specified deadline. Such periodic penality payments shall not exceed 5 % of the average daily aggregate turnover of the party or entity concerned in the preceding financial year for each working day of delay, calculated from the date established in the decision, until compliance is achieved.

7. Before imposing periodic penalty payments, the party or entity concerned shall be given the opportunity to be heard.

8. When determining the amount of the fine or periodic penalty payment, the Commission shall take into account the nature, gravity, and duration of the failure to comply, in accordance with the principles of proportionality and appropriateness.

Or. en

Amendment 467

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 9 b (new)

Text proposed by the Commission

Amendment

Article9b

Power of Decision of the Commission

1. Following the suspension of a screening procedure pursuant to Article 7(9a) and without prejudice to Article 346(1) point (a) TFEU, the Commission shall request the host Member State to transmit all documents and information on which the intended decision is based. The host Member State shall transmit the requested information no later than 10 calendar days following the request. Moreover, the Commission should be granted investigation power to further investigate information on this case.

2. After examination of the information provided the Commission shall issue a decision to:

(a) confirm the intended decision of the host Member State where it concludes that the foreign investment is not likely to affect security or public order, including economic security, or that the intended decision adequately mitigates the risk; or

(b) take a decision amending the decision by the host Member State, subjecting prohibiting the foreign investment, where it finds that the intended decision does not adequately mitigate risks to security or public order, including economic security. Where the Commission requires the host Member State to amend its intended decision, it may require the host Member State to subject the investment to mitigating measures or additional mitigating measures or to prohibit the foreign investment.

3. The decision shall be binding on the host Member State and fully replace and supersede any decision by the host Member State.

4. The Commission shall adopt its decision no later than 15 days after the receipt of the information requested pursuant to paragraph 1. This deadline may be extended by 15 days to allow the Commission and the investor to agree on mitigating measures, in close cooperation with the host Member State.

5. The Commission shall notify the host Member State and inform the Member States that provided comments under Article 7(1) of its decision.

Or. en

Amendment 468

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that information provided in the notification referred to in Article 5 and to the request of information referred to in 9(5) include:

1. Member States shall include the following information in the notification referred to in Article 5 and in the request of information referred to in 9(5):

Or. en

Amendment 469

Marina Mesure

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that information provided in the notification referred to in Article 5 and to the request of information referred to in 9(5) include:

1. Member States shall ensure that information provided in the notification referred to in Article 5 and to the request of information referred to in 9(5) include, at least:

Or. en

Justification

It is important to impose minimum information requirements to enable authorities to properly assess the investment and to enable statistics and inter-state comparisons.

Amendment 470

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 10 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 471

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 10 – paragraph 1 – point a

Text proposed by the Commission

Amendment

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;

a) the name of the investor, the global ultimate owner of the investor and the Union target, the ownership structure of the investor, if they have already been subject to a screening procedure by a Member State, and, where applicable, the name of the corporate group to which the investor is a part;

Or. fr

Amendment 472

Svenja Hahn, Ľubica Karvašová, Dan Barna, Marie-Pierre Vedrenne

Proposal for a regulation

Article 10 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) risk assessment documentation relating to the investment, to be used to address potential security and public order implications and to propose risk mitigation measures; the risk assessment shall include:

(i) supply chain dependencies;

(ii) market position analysis; and

(iii) third-country dependency evaluation.

Or. en

Amendment 473

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 10 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 474

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 10 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the reasons justifying the notification;

Or. en

Amendment 475

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 10 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) if applicable, information about the other legal entities of the same corporate group as the Union target that are located in other Member States;

(d) if applicable, and if available, information about the other legal entities of the same corporate group as the Union target that are located in other Member States;

Or. it

Amendment 476

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the Commission or Member States request additional information pursuant to Article 8(1) or Article 9(5) from the Member State where the foreign investment is planned or has been completed, that Member State shall endeavour to provide such information, if available, to the requesting Member States and the Commission.

3. Where the Commission or Member States request additional information pursuant to Article 8(1) or Article 9(5) from the Member State where the foreign investment is planned or has been completed, that Member State shall provide such information, if available, to the requesting Member States and the Commission.

Or. en

Amendment 477

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission

Amendment

4. Where necessary, the Member State where the foreign investment is planned or has been completed may request the applicant requesting an authorisation or any other relevant undertaking to provide the information referred to in paragraphs 1 and 3. The request for information may concern information necessary for the Member State to determine if any of the conditions set out in Article 5(1) are met. The undertaking concerned shall provide the requested information to the Member State where the foreign investment is planned or has been completed within 15 calendar days of the request.

4. Where necessary, the Member State where the foreign investment is planned or has been completed may request the applicant requesting an authorisation or any other relevant undertaking to provide the information referred to in paragraphs 1 and 3. The request for information may concern information necessary for the Member State to determine if any of the conditions set out in Article 5(1) are met. The undertaking concerned shall have the obligation to provide the requested information to the Member State where the foreign investment is planned or has been completed within 10 calendar days of the request.

Or. en

Amendment 478

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

5. The Member State where the foreign investment is planned or completed and the Commission may request other Member States to seek information from undertakings in their territory, provided this information is relevant and strictly necessary for assessing a foreign investment pursuant to Article 13. The Member State receiving the request to seek information shall, without delay, request the undertaking to provide that information and shall notify it to the Member State where the foreign investment is planned or completed and the Commission, in accordance with the procedure set out in Articles 8(2) and 9(6) as applicable.

deleted

Or. it

Amendment 479

Raphaël Glucksmann

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission

Amendment

5. The host Member State and the Commission may request other Member States to seek information from undertakings in their territory, provided this information is relevant and strictly necessary for assessing a foreign investment pursuant to Article 13. The Member State receiving the request to seek information shall, without delay, request the undertaking to provide that information and shall notify it to the host Member State and the Commission, in accordance with the procedure set out in Articles 8(5) and 9(6) as applicable.

Or. en

Amendment 480

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6. A Member State shall notify the Commission and the other Member States concerned if, in exceptional circumstances, it is unable, despite its best efforts, to provide the information referred to in paragraphs 3, 4 or 5. That Member State shall duly explain the reasons for not being able to provide the information. In such cases, any comment issued by Member States or any opinion issued by the Commission shall be based on available facts and information.

Or. en

Amendment 481

Raphaël Glucksmann

Proposal for a regulation

Article 10 – paragraph 6

Text proposed by the Commission

Amendment

6. A Member State shall notify the Commission and the other Member States concerned if, in exceptional circumstances, it is unable, despite its best efforts, to provide the information referred to in paragraph 5 of this Article, paragraph 2 of Article 8 or paragraph 5 of Article 9. That Member State shall duly explain the reasons for not being able to provide the information.

Or. en

Amendment 482

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 10 – paragraph 8

Text proposed by the Commission

Amendment

8. Where the information referred to in paragraphs 1 to 6 originates from an undertaking, the Member State receiving the information from the undertaking shall check the completeness of the information and shall take reasonable steps to ensure that the information is accurate before providing it to the Commission and other Member States.

deleted

Or. it

Amendment 483

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide the necessary resources, legal and administrative means for their efficient and effective participation in the cooperation mechanism.

1. Member States shall provide the necessary resources, legal and administrative means to carry out, in an effective and efficient manner, the tasks assigned to them to fulfil the objectives of this Regulation, especially their efficient and effective participation in the cooperation mechanism and monitoring capability.

Or. en

Amendment 484

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall provide the necessary resources, legal and administrative means for their efficient and effective participation in the cooperation mechanism.

1. Member States shall provide the necessary resources, legal and administrative means to guarantee their ability to monitor a foreign investment, to effectively ensure compliance with the screening mechanism and screening decisions and their efficient and effective participation in the cooperation mechanism.

Or. fr

Amendment 485

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and give utmost consideration to other Member States’ comments and Commission opinions before a screening decision is taken. This includes having all necessary legal means and powers to consider concerns expressed or likely impacts identified by another Member State or the Commission in its screening decision or in any other relevant instrument at its disposal. Where a foreign investment is notified to the Commission and other Member States pursuant to Article 5, the screening mechanisms shall not allow Member States to take their screening decision until the deadlines for comments by the Member States and Commission opinions set out in Article 8(3) expire.

4. Member States' screening mechanisms shall give sufficient time and means to assess and give utmost consideration to other Member States’ comments and Commission opinions before a screening decision is taken. This includes having all necessary legal means and powers to consider concerns expressed or likely impacts identified by another Member State or the Commission in its screening decision or in any other relevant instrument at its disposal. Where a foreign investment is notified to the Commission and other Member States pursuant to Article 5, the screening mechanisms shall not allow Member States to take their screening decision until the deadlines for comments by the Member States and Commission opinions set out in Article 8(3) expire.

In cases of lack of compliance with the requirements of this paragraph, article 7a fully replaces article 7, when the Commission considers that foreign investments are likely to negatively affect security and public order.

Or. en

Amendment 486

Enikő Győri

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and give due consideration to other Member States’ comments and Commission opinions before a screening decision is taken. This includes having all necessary legal means and powers to consider concerns expressed or likely impacts identified by another Member State or the Commission in its screening decision or in any other relevant instrument at its disposal. Where a foreign investment is notified to the Commission and other Member States pursuant to Article 5, the screening mechanisms shall not allow Member States to take their screening decision until the deadlines for comments by the Member States and Commission opinions set out in Article 8(3) expire.

Or. en

Amendment 487

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that their national laws allow compliance with the obligations set out in paragraphs 5 to 9 of Article 7.

5. Member States shall ensure that their national laws allow compliance with the obligations set out in paragraphs 5 to 9 of Article 7 and Article 7a.

Or. en

Amendment 488

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that their national laws allow compliance with the obligations set out in paragraphs 5 to 9 of Article 7.

5. Member States shall ensure that their national laws allow compliance with the obligations set out in Article 7.

Or. it

Amendment 489

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission

Amendment

7. Where mitigating measures in a screening decision require compliance by undertakings established in other Member States, the Member States that adopted a screening decision shall cooperate with the other Member State or Member States concerned on the monitoring and enforcement of screening decision. Member States shall ensure that they have all necessary legal means and powers to address effectively the consequences of non-compliance with the mitigating measures provided in a screening decision.

7. Where mitigating measures in a screening decision require compliance by undertakings established in other Member States, the Member States that adopted a screening decision shall cooperate with the other Member State or Member States concerned on the monitoring and enforcement of screening decision. Member States shall ensure that they have all necessary legal means and powers to ensure an obligation of compliance with mitigating measures in screening decisions taken by other Member States by the undertakings established in their territory.

Or. en

Amendment 490

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the originator of the information explicitly agrees to another use;

(a) the Member State that originated the information explicitly agrees to another use;

Or. it

Amendment 491

Christophe Bay, Thierry Mariani, Aleksandar Nikolic

on behalf of the PfE Group

Proposal for a regulation

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall provide a secure and encrypted system to support the exchange of information between the contact points.

deleted

Or. fr

Amendment 492

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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.

deleted

Or. it

Amendment 493

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

Or. en

Justification

The use of the form is optional for now, mainly intended as a template and capacity building tool for Member States.

Amendment 494

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. 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.

Or. en

Amendment 495

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

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.

deleted

Or. it

Amendment 496

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may 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 undermine security or public order.

Or. fr

Amendment 497

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall in particular consider whether the investment concerned is likely to negatively affect:

3. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall in particular consider the likely negative effects with regard to the criteria set out in Annex IIa:

Or. en

Amendment 498

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. When determining whether a foreign direct investment is likely to affect security or public order, the Member States and the Commission may consider its effects, including potential, on inter alia:

Or. it

Amendment 499

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. When determining whether an investment is likely to negatively affect security or public order, the Member States may in particular consider whether the investment concerned is likely to seriously undermine:

Or. fr

Amendment 500

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; 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. ;

deleted

__________________

20 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 (OJ L 333, 27.12.2022, p. 164–198, ELI: http://data.europa.eu/eli/dir/2022/2557/oj).

21 Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (OJ L 333, 27.12.2022, p. 80–152, ELI: http://data.europa.eu/eli/dir/2022/2555/oj).

Or. en

Justification

moved to Annex IIa (new)

Amendment 501

Enikő Győri

Proposal for a regulation

Article 13 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the security, integrity and functioning of critical infrastructure;

__________________

Or. en

Amendment 502

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; 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. ;

(a) critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;

__________________

Or. it

Amendment 503

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the security, confidentiality, integrity, functioning and resilience of sectors of high criticality and other critical sectors as defined in Annexes I and II of Directive (EU) 2022/2557, whether physical or virtual, including the land and property critical to the use of such critical infrastructure; 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 shall be taken into account, including those of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555, which take into account both technical and non-technical risk factors, such as undue influence by a third country on suppliers.

__________________

Or. en

Justification

Sectors of high criticality are defined in the Annex of NIS2. Property and land are added because they may present risks, but remain outside of the scope of the FDI screening, whereas they are screening in most partner third-countries. The NIS2 coordinated security risk assessments should be taken into account, and as per NIS2 consolidated text, they should include both technical and non-technical risk factors.

Amendment 504

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(aa) macroeconomic stability, essential public services, and economic, social and territorial cohesion;

Or. en

Amendment 505

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

aa) the preservation of the financial and economic stability of the Member State and/or the Union;

Or. fr

Amendment 506

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 13 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

(a a) the security, integrity, operational stability, and resilience of the internal market;

Or. en

Amendment 507

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point a b (new)

Text proposed by the Commission

Amendment

(ab) the social impact with regard to labour market disruption, job losses or deterioration of working conditions;

Or. en

Amendment 508

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point a c (new)

Text proposed by the Commission

Amendment

(a c) the safeguarding of public control in strategically important sectors, such as energy, telecommunications, and security, and in essential public services, such as healthcare, education and social security systems;

Or. en

Amendment 509

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the availability of critical technologies;

deleted

Or. en

Justification

Moved to Annex IIa (new)

Amendment 510

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the availability of critical technologies;

(b) critical technologies and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;

Or. it

Amendment 511

Enikő Győri

Proposal for a regulation

Article 13 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the availability of critical technologies;

(b) critical technology areas listed in Annex II;

Or. en

Amendment 512

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 13 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) the availability of critical technologies;

(b) the availability and adoption of critical technologies, safeguarding technology security, and preventing technology leakage;

Or. en

Amendment 513

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

ba) the strategic autonomy of the Member State and/or the Union, assessed through the total market share held by foreign investors of the specific sector;

Or. fr

Amendment 514

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Moved to Annex IIa (new)

Amendment 515

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) the strategic autonomy of the Union and its Member States and on the supply chain for critical technologies and sectors;

Or. en

Amendment 516

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – point c

Text proposed by the Commission

Amendment

Or. it

Amendment 517

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(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;

Or. en

Amendment 518

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

ca) the protection of the economic interests of the Member State concerned when it holds, directly or indirectly, shares in the capital or sits on the board of directors of the target company;

Or. fr

Amendment 519

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 13 – paragraph 3 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the ability to mitigate strategic dependencies;

Or. en

Amendment 520

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(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, or

deleted

Or. en

Justification

Moved to Annex IIa (new)

Amendment 521

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(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, or

(d) access to sensitive information, including personal data, or the ability to control such information; or

Or. it

Amendment 522

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(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, or

(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 sensitive information;

Or. en

Justification

The protection of IP is often referred to in FDI screenings but is not included in this proposal. Personal data is described here as a subset of sensitive information. So the protection from unwanted access, control or process of such data should refer to sensitive information (including personal data and intellectual property), and not be limited to its subset personal data.

Amendment 523

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities.

deleted

Or. en

Justification

Moved to Annex IIa (new)

Amendment 524

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 13 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities.

(e) the freedom and pluralism of the media.

Or. it

Amendment 525

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 3 – point e

Text proposed by the Commission

Amendment

e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities.

e) the freedom and pluralism of the media, including online platforms that can be used for criminal activities.

Or. fr

Amendment 526

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities.

(e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities, as well as education and academia.

Or. en

Amendment 527

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point e a (new)

Text proposed by the Commission

Amendment

(ea) the risk of possible transfers of knowledge or intangible goods in the context of foreign direct investments.

Or. en

Amendment 528

Enikő Győri

Proposal for a regulation

Article 13 – paragraph 3 – point e a (new)

Text proposed by the Commission

Amendment

(ea) a project or programme of Union interest listed in Annex I.

Or. en

Amendment 529

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 3 – point e b (new)

Text proposed by the Commission

Amendment

(eb) the promotion of universal access and of user rights in accordance with Protocol No 26 on services of general interest, annexed to the Treaty on European Union, especially the availability of adequate and affordable social infrastructure including housing.

Or. en

Amendment 530

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall also take into account information related to the foreign investor, including:

4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall at least take into account information related to the foreign investor, including:

Or. en

Amendment 531

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. When determining whether an investment is likely to seriously undermine security or public order, the Member States or the Commission shall also take into account information related to the foreign investor, including:

Or. fr

Amendment 532

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(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 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);

(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 a trusted and like-minded international partner, 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);

Or. en

Justification

Trusted and like-minded international partners is a term used in the Cyber Solidarity Act: 'To strengthen the Union's response to cybersecurity threats and incidents cooperation with international organisations as well as trusted and like-minded international partners is vital. In this context trusted and like-minded international partners should be understood as countries that share the Union’s principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law, and that do not undermine the essential security interests of the Union or its Member States.'

Amendment 533

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 4 – point a a (new)

Text proposed by the Commission

Amendment

(aa) whether the foreign investor or any of the subsidiaries of the foreign investor do not respect core labour or environmental standards and international agreements on sustainable development in their domestic or foreign operations;

Or. en

Amendment 534

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) whether the foreign investor or any of its subsidiaries has already been involved in activities negatively affecting the security or public order in a Member State;

(c) 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 already been 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;

Or. en

Amendment 535

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 4 – point c a (new)

Text proposed by the Commission

Amendment

(ca) whether the foreign investor is based in countries subject to EU sanctions, or jurisdictions listed on the EU 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;

Or. en

Amendment 536

Marina Mesure

Proposal for a regulation

Article 13 – paragraph 4 – point c b (new)

Text proposed by the Commission

Amendment

(cb) whether the foreign investor respects applicable Union law regarding due diligence (Directive (EU) 2019/1937);

Or. en

Amendment 537

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 4 – point d

Text proposed by the Commission

Amendment

(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;

(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, the infringement of Regulation (EU) 2021/82, of Regulation (EU) 2022/1925, Regulation (EU) 2022/2065, or Directive (EU) 2015/849;

Or. en

Amendment 538

Emmanouil Fragkos

Proposal for a regulation

Article 13 – paragraph 4 – point d

Text proposed by the Commission

Amendment

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;

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, or is operating in any way in a militarily occupied part of the Union;

Or. el

Amendment 539

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis

Proposal for a regulation

Article 13 – paragraph 4 – point d a (new)

Text proposed by the Commission

Amendment

(da) whether the foreign investor or any of its subsidiaries or the third country in which it is established is subject to restrictive measures or an aggressive civil-military fusion strategy;

Or. en

Justification

Aggressive civil-military fusion strategy is used in the Council recommendations on research security. Some third countries with such a fusion may pose a risk of unwanted technology transfer serving adversarial military objectives.

Amendment 540

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Svenja Hahn, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 – point e

Text proposed by the Commission

Amendment

(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 pursue a third country’s policy objectives, or facilitate the development of a third country’s military capabilities.

(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 negatively affect the essential security interests or restrictive measures of the Union or its Member States, or facilitate the development of a third country's military capabilities.

Or. en

Justification

This is the geopolitical risk factor, but Commission proposal is both too broad (third country policy objectives, which could be anything) and narrow (military capability). Our proposal is to focus on security interests and the violation of sanctions, given the scope of this regulation. Essential security interests of the Union or its Member States is a commonly used EU term.

Amendment 541

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 13 – paragraph 4 – point e

Text proposed by the Commission

Amendment

(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 pursue a third country’s policy objectives, support risks of violations of international law by a third country, or facilitate the development of a third country’s military capabilities.

Or. en

Amendment 542

Emmanouil Fragkos

Proposal for a regulation

Article 13 – paragraph 4 – point ε

Text proposed by the Commission

Amendment

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 pursue a third country’s policy objectives, or facilitate the development of a third country’s military capabilities.

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 pursue a third country’s policy objectives, especially if the activities of the investor in question coincide spatially with the field of interest of the third country, or facilitate the development of a third country’s military capabilities.

Or. el

Amendment 543

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 13 – paragraph 4 – point e a (new)

Text proposed by the Commission

Amendment

ea) 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 established in a third country whose legislation allows access to any kind of company operations or data, including commercially sensitive data, and can impose obligations for intelligence purposes without oversight mechanisms, due process or the right to appeal to an independent court or tribunal;

Or. fr

Amendment 544

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 – point e a (new)

Text proposed by the Commission

Amendment

(ea) 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;

Or. en

Justification

This derives from the Cyber Resilience Act, which describes non-technical or strategic risk factors more concretely. Non-technical risk factors are used in operative part of that Act, and recital 58 describes what is mean by it. The relevant part is used for this amendment. There should be something on cybersecurity in this section too, as counterpart to para 3 (d).

Amendment 545

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 – point e b (new)

Text proposed by the Commission

Amendment

(eb) whether the foreign investor or any of its subsidiaries have in place a golden share held by a third country government.

Or. en

Justification

This is a term used by the ECJ in EU case law. It allows special rights to a government to exert control over these companies for a small part of shares, thereby increasing the risk of undue influence. It has mostly been banned in the EU, and in this amendment we limit it to third country governments.

Amendment 546

Svenja Hahn, Ľubica Karvašová, Dan Barna

Proposal for a regulation

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. When assessing control or influence by a third-country government over an investor, Member States shall consider the following:

(a) direct or indirect ownership thresholds, with heightened scrutiny in cases where:

(i) the third-country government’s ownership or control exceeds 25% of shares or voting rights; or

(ii) the third-country government has special veto powers or other governance rights, irrespective of ownership level.

(b) the nature and extent of third-country government funding, including:

(i) direct capital contributions;

(ii) preferential financing arrangements; and

(iii) state guarantees or subsidies.

(i) rights to board representation;

(ii) special rights to appoint management; and

(iii) rights to access information.

Or. en

Amendment 547

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. 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 paragraph 10 of Article 7 and shall be taken into account by Member States when determining whether an investment is likely to negatively affect security or public order.

Or. en

Justification

These risk assessments are broader than an opinion/comment on a single case of an investment screening. The Commission may look at wider developments in e.g. sectors or technologies.

Amendment 548

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 14 – title

Text proposed by the Commission

Amendment

Screening decisions on foreign investments likely to negatively affect security or public order

Screening decisions on foreign investments likely to negatively affect security or public order, including economic security

Or. en

Amendment 549

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:

Where, also taking into account the criteria set out in Article 13 and, where applicable, in the light of comments issued 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 may issue a screening decision to:

Or. it

Amendment 550

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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 a duly motivated 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 seriously undermine security or public order in one or more Member States, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:

Or. fr

Amendment 551

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

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, including economic security in one or more Member States, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:

Or. en

Amendment 552

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Where, taking into account the criteria laid down in Article 13, Annex IIa 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, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:

Or. en

Amendment 553

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Isabella Tovaglieri

on behalf of the PfE Group

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment.

The screening decision shall comply with the principle of proportionality and may take into consideration all circumstances of the foreign investment, as well as the need to maintain an open regime for investment into the Member States. Screening decisions for the validation of a foreign investment shall be the exclusive and sovereign competence of the Member State in which the foreign investment is planned or completed.

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.

The screening decision must be swiftly and clearly communicated to the foreign investor, guaranteeing the right to seek judicial recourse against that decision.

Or. fr

Amendment 554

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment.

The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment. In case the Union target is a recipient of funds as defined in Article 2 paragraph 53 of Regulation 2018/1046, or of any other relevant Union fund, a prohibition of the foreign investment shall be presumed to be necessary.

Or. en

Amendment 555

Lídia Pereira

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

The screening decision must be timely and clearly communicated to the foreign investor, guaranteeing the possibility to seek judicial recourse against that screening decision.

Or. en

Amendment 556

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Paragraph 1 applies to Commission Decisions referred to in Article 7a, mutatis mutandis.

Or. en

Amendment 557

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Mitigating measures imposed in the framework of screening decisions shall be sufficient to redress the security and public order risks stemming from foreign investments, while being proportionate. The Commission shall suggest adequate mitigating measures in its opinions pursuant to Article 7.

Or. en

Amendment 558

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. Mitigating measures may include requirements to condition access to the Union market for foreign investors, including requirements to form joint ventures between foreign investors and Union targets or to transfer technology to Union targets, when justified and necessary for the purpose of protecting security and public order. Such requirements may be part of Member States’ screening decisions, as well as of the Commission’s decisions as referred to in Article 7a.

Or. en

Amendment 559

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

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 may be authorised without conditions, as appropriate, under the condition that those other measures are adopted within a timing and to the extent that they have equivalent effects to measures under paragraph 1 of this Article.

Or. en

Amendment 560

Raphaël Glucksmann

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the host Member State concludes that the foreign investment is not likely to negatively affect security or public order in one or more Member States or 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 without conditions.

Or. en

Amendment 561

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

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, including economic security, the foreign investment shall be authorised by the Commission without conditions.

Or. en

Amendment 562

Raphaël Glucksmann

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The mitigating measures referred to in paragraph 1, point (a), may include:

(a) changes to the proposed governance structure of the target;

(b) modifications to the voting rights conferred on the investor;

(d) commitments by the investor to ensure a specific supply and/or supply to a specific client;

(e) commitments by the investor to maintain or create local added value;

(f) commitments by the investor to address the risk of dependency, including the transfer of technologies and know-how;

(g) measures to ensure the continuation of business activities;

(h) requirements to source critical components from secure and reliable suppliers;

(i) implementation of cybersecurity protocols to protect against potential threats;

(j) a requirement for the foreign investor to establish a joint venture with a European undertaking;

(k) an obligation to store and process specific data within the Union.

Or. en

Amendment 563

Marina Mesure

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. If at least seven Member States representing at least 65% of the population of the Union indicated during the coordinated mechanism that the foreign direct investment planned in another Member State is directly and negatively affecting the security or public order, or national interest, or put at risk working conditions or environmental standards on their territory, or is at risk to encourage tax evasion in another Member State, the Member State where the foreign direct investment is planned shall introduce mitigation measures to address the concerns of Member States. If the aforementioned qualified majority of Member States concludes after an evaluation that these measures are insufficient to address the concerns, the Member State where the foreign direct investment is planned shall not authorise such a foreign investment.

Or. en

Amendment 564

Christophe Bay, Thierry Mariani, Aleksandar Nikolic

on behalf of the PfE Group

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. When the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation on the grounds of a failure to comply 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.

Or. fr

Amendment 565

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Member State where the foreign investment is planned or completed shall notify all screening decisions and other decisions pursuant to paragraphs 1 and 2 to the Member States who provided comments and the Commission. The notification shall contain a description of the decision and how the security and public order risk has been addressed specifically by the measures provided by the decision.

Or. en

Amendment 566

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

Article14a

Penalties

1. When the foreign investment does not comply with a screening decision, including decisions referred to Article 7a, the screening authorities of 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) adopt additional mitigating measures;

When the screening authorities of the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation in case of non-compliance with mitigating measures, or to impose penalties aimed at enforcing the specified mitigating measures in accordance with this paragraph, it shall notify the Member States that submitted comments and the Commission within a reasonable timeframe.

2. Member States shall foresee the application of penalties when the parties to a foreign investment do not comply with the obligation to provide information to screening authorities as provided in paragraph 4 of Article 10.

3. Member States shall foresee the application of penalties in case of circumvention of screening decisions.

Or. en

Amendment 567

Marina Mesure

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

Article 14a

Prohibition of investment in exchange for citizenship or residence rights

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.

Or. en

Amendment 568

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

Member States and the Commission may cooperate with the responsible authorities of third countries on issues relating to the screening of investments on grounds of security and public order.

Member States and the Commission may collaborate with relevant authorities in third countries on issues related to the screening of investments based on security and public order concerns. This collaboration may involve the exchange of information, sharing best practices, and supporting capacity-building efforts. Furthermore, the cooperation could actively promote the establishment of investment screening mechanisms in third countries, particularly among those seeking EU membership or located within the Union's neighbourhood. Such cooperation would contribute to the alignment of third countries’ practices with Union standards, strengthening global security and stability.

Or. en

Amendment 569

Jörgen Warborn

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

Member States and the Commission may cooperate with the responsible authorities of third countries on issues relating to the screening of investments on grounds of security and public order.

Member States and the Commission may cooperate with the responsible authorities of third countries on issues relating to the screening of investments on grounds of security and public order. They should also engage in regular dialogue with G7 and other bilateral platforms such as the EU-US and EU-India Trade and Technology Councils to enhance cooperation and coordination towards investment risks, so as to strengthen the level playing field for investors.

Or. en

Amendment 570

Marina Mesure

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

Member States and the Commission may cooperate with the responsible authorities of third countries on issues relating to the screening of investments on grounds of security and public order.

Member States and the Commission may cooperate with the responsible authorities of third countries on issues relating to the screening of investments on grounds of security and public order. This cooperation may also involve sharing of best practices and technical support, especially for candidate countries to the European Union.

Or. en

Amendment 571

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article15a

Guidelines

1. By ... [date of entry into force of this Regulation] the Commission shall publish guidelines regarding the criteria for the assessment and the determination of the following:

(i) the effective participation and influence in a Union target in the context of a foreign investment;

(ii) the determination whether a Union target is a recipient of funds within the meaning of Regulation 2018/1046 and other relevant Union funds;

(iii) union targets that are economically active in one of the areas listed in Annex II, including the whole ecosystem of those areas;

(iv) supporting elements for the application of criteria for the determination of risks to Union security and public order under articles 5, 13 and Annex IIa;

The guidelines shall also include a list of undertakings established in the Member States that are relevant for security and public order.

2. The Commission shall update the guidelines as regularly as necessary.

Or. en

Amendment 572

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article15a

Advisory Board on the screening of foreign direct investments into the Union

1. The advisory board on the screening of foreign direct investments into the Union, which provides advice and expertise to the Commission, shall continue to engage in discussions regarding foreign direct investment screening. It will share best practices, lessons learned, and exchange views on emerging trends and issues of common concern related to foreign direct investments. The Commission shall also seek the group’s advice on systemic matters concerning the implementation of this Regulation. Furthermore, the group shall meet on a regular basis to ensure ongoing dialogue and mutual learning.

2. The advisory board shall operate under strict confidentiality, while having the option to issue an annual report analysing the functioning of the screening process, its impacts, and any challenges or improvements that may be required.

Or. en

Amendment 573

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. By 31 March of each year beginning in [add date: first year of application], Member States shall report to the Commission, on a confidential basis, on their activities under their screening mechanism and under the cooperation mechanism for the preceding calendar year. This report shall contain information on:

1. By 31 March of each year beginning in [add date: first year of application], Member States shall report to the Commission, on a confidential basis, aggregated information regarding the requests received in the preceding calendar year on the investments notified to the cooperation mechanism, based on the information available to them. This report shall contain information on:

Or. it

Amendment 574

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the number of foreign investments screened after a request for authorisation and after an own initiative procedure;

(a) the number of investments notified to the cooperation mechanism;

Or. it

Amendment 575

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the number of foreign investments approved with and without conditions;

(b) the number of investments notified to the cooperation mechanism approved with and without conditions;

Or. it

Amendment 576

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 16 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the number of foreign investments approved with and without conditions;

(b) the cases of foreign investments approved with and without conditions;

Or. en

Amendment 577

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the number of investments notified to the cooperation mechanism prohibited, the number of foreign investments withdrawn;

Or. it

Amendment 578

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 16 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the cases of foreign investments prohibited, the cases of foreign investments withdrawn and a description of the risks to the security and public order related thereto;

Or. en

Amendment 579

Raphaël Glucksmann

Proposal for a regulation

Article 16 – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 580

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the number of foreign investments notified to the cooperation mechanism, and the number of comments issued by the respective Member State;

(d) the number of comments issued by the respective Member State;

Or. it

Amendment 581

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 16 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) an aggregate presentation of risks and vulnerabilities identified in the foreign investments that led to a screening decision;

(f) a description of the risks and vulnerabilities identified in the foreign investments that led to each screening decision, a description of the mitigating measures and an explanation of how the risks to security and public order have been addressed;

Or. en

Amendment 582

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 16 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fbis) the number of own initiative procedures opened pursuant to Article 9 in relation to investments not notified to a screening authority.

Or. it

Amendment 583

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission shall provide the Member States with a common form for them to carry out the reporting. The Commission shall adopt the form according to the procedure in Article 21.

Or. en

Amendment 584

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

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. That report shall be made public.

The Commission shall, in cooperation with the Advisory Board, prepare an annual report that includes the information referred to in paragraph 1 of this article. Additionally, the report shall provide a comprehensive assessment of trends and data on foreign direct investments into the Union, outline relevant legislative developments across Member States, and highlight international cooperation efforts as stipulated in Article 15. This report will serve as a critical tool for evaluating the effectiveness of the screening mechanisms and ensuring transparency and accountability in the Union’s approach to foreign investments.

Or. en

Amendment 585

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. On the basis of an aggregation 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. The report shall also specifically include an evaluation of the implementation of the requirements provided in Article 4 paragraph 2(c), Article 11, and in Article 14 paragraph 2a. The report shall also provide for recommendations to support the implementation of this Regulation by the Member States. That report shall be made public.

Or. en

Amendment 586

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 587

Jörgen Warborn

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The report shall also include an assessment of the regulatory costs that businesses have faced to comply with the Regulation. A proposal should be made regarding measures to offset these costs by reducing the equivalent cost for compliance of other EU regulation, by the double, adhering to the one-in-two-out principle.

Or. en

Amendment 588

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall evaluate the functioning and effectiveness of this Regulation 2 years after the date of application of this Regulation and every 4 years thereafter and present a report to the European Parliament and to the Council. Member States shall be involved in this exercise and, if necessary, provide the Commission with additional information for the preparation of that report.

Or. en

Amendment 589

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall evaluate the functioning and effectiveness of this Regulation 3 years after its application and every 5 years thereafter, presenting a report to the European Parliament and the Council. Member States shall be involved in this evaluation process and, if necessary, provide the Commission with additional information to prepare the report. The report shall include, in particular, a thorough analysis of the current state of foreign investments in the EU, the impact of the Regulation on these investments, and an assessment of how the Regulation contributes to the economic security of the Union.

Or. en

Amendment 590

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall evaluate the functioning and effectiveness of this Regulation 3 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, if necessary, provide the Commission with additional information for the preparation of that report.

Or. en

Amendment 591

Jörgen Warborn

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

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, if necessary, provide the Commission with additional information for the preparation of that report. The evaluation shall also assess the compliance costs faced by businesses and authorities in each member state and propose measures to decrease unnecessary regulatory burdens.

Or. en

Amendment 592

Lídia Pereira

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the report from the Commission recommends amendments to this Regulation, it may be accompanied by a legislative proposal.

deleted

Or. en

Amendment 593

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 19

Text proposed by the Commission

Amendment

Article 19

deleted

Delegated acts

1. The Commission is empowered to adopt delegated acts in accordance with Article 20 for the purposes of amending, where necessary, 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. The Commission is empowered to adopt delegated acts in accordance with Article 20 for the purposes of amending, where necessary, the list 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;

(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; and

(e) the emergence of a geopolitical situation of particular importance for security or public order of the Union.

Or. fr

Amendment 594

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 19

Text proposed by the Commission

Amendment

Article 19

deleted

Delegated acts

(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;

(e) the emergence of a geopolitical situation of particular importance for security or public order of the Union.

Or. en

Amendment 595

Daniel Caspary, Céline Imart

Proposal for a regulation

Article 19

Text proposed by the Commission

Amendment

Article 19

deleted

Delegated acts

(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;

(e) the emergence of a geopolitical situation of particular importance for security or public order of the Union.

Or. en

Amendment 596

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 19 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the results of relevant risk assessments undertaken under the Union Economic Security Strategy;

Or. en

Amendment 597

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 19 a (new)

Text proposed by the Commission

Amendment

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.

Or. fr

Amendment 598

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the basic legislative act].

3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 19 shall enter into force only if no objection has been expressed by the European Parliament or the Council within 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months on the initiative of the European Parliament or of the Council.

Or. en

Amendment 599

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the basic legislative act].

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Or. fr

Amendment 600

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of the basic legislative act].

2. The power to adopt delegated acts set out in Article 19 shall be conferred on the Commission for a period of 5 years from [date of entry into force of the basic legislative act]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

Or. it

Amendment 601

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 10(1).

1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 4(2)(ia), Article 10(1) and Article 13(1).

Or. en

Amendment 602

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 10(1).

1. The Commission is empowered to adopt implementing acts setting out the forms to be used to provide the information indicated in Article 10(1) and Article 16(1a).

Or. en

Amendment 603

Francesco Torselli, Daniele Polato

Proposal for a regulation

Article 22 – paragraph 2

Text proposed by the Commission

Amendment

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act, and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

Or. it

Amendment 604

Lídia Pereira

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

Regulation (EU) 2019/452 is repealed with effect from [date: 15 months after entry into force].

Regulation (EU) 2019/452 is repealed with effect from [date: 12 months after entry into force].

Or. en

Amendment 605

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [date: 15 months after entry into force].

It shall apply from [date: 9 months after entry into force].

Or. en

Amendment 606

Lídia Pereira

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [date: 15 months after entry into force].

It shall apply from [date: 12 months after entry into force].

Or. en

Amendment 607

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex I – point 7 – paragraph 2

Text proposed by the Commission

Amendment

Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/1315/oj).

All transport infrastructure and service under the scope of Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) 913/2010 and repealing Regulation (EU) 1315/2013.

Or. en

Amendment 608

Francesco Torselli, Daniele Polato

Proposal for a regulation

Annex I – point 20 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

21. The projects of common interest and mutual interest related to electricity infrastructure, offshore grids and smart grids, referred to by Commission Delegated Regulation (EU) 2024/1041 of 28 November 2023, amending Regulation (EU) 2022/869 of the European Parliament and of the Council.

Or. it

Amendment 609

Francesco Torselli, Daniele Polato

Proposal for a regulation

Annex I – point 20 a (new)

Text proposed by the Commission

Amendment

20bis. The European Defence Industry Programme (EDIP), in the process of being approved, and related future procurement projects;

Or. it

Amendment 610

Christophe Bay, Thierry Mariani, Aleksandar Nikolic

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 2

Text proposed by the Commission

Amendment

2. Equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment (Common Military List of the European Union)

deleted

Or. fr

Justification

The majority of Member States incorporate these military technologies and equipment into their national legislation. In order to preserve their independence and autonomy in terms of defence, it is necessary to remove any explicit reference to this equipment.

Amendment 611

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Annex II – point 2 a (new)

Text proposed by the Commission

Amendment

2a. Sectors of high criticality as defined in Annex 1 of Directive 2022/2555

Or. en

Amendment 612

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 2 a (new)

Text proposed by the Commission

Amendment

2a. Audio-visual, digital and print media infrastructure

Or. en

Amendment 613

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 2 b (new)

Text proposed by the Commission

Amendment

2b. European, national, state, and local government election-related infrastructure

Or. en

Amendment 614

Marie-Pierre Vedrenne, Dan Barna, Benoit Cassart, Bart Groothuis, Petras Auštrevičius, Ľubica Karvašová

Proposal for a regulation

Annex II – point 2 b (new)

Text proposed by the Commission

Amendment

2b. Media services as defined in Article 2(1) of Regulation 2024/1083

Or. en

Amendment 615

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – introductory part

Text proposed by the Commission

Amendment

3. The following critical technology areas for the EU’s economic security annexed to Commission Recommendation (EU) 2023/2113 of 3 October 2023 on critical technology areas for the EU’s economic security for further risk assessment with Member States:

3. The following technology areas with the highest likelihood of presenting the most sensitive and immediate risks related to technology security and technology leakage, as identified by Commission Recommendation (EU) 2023/2113 of 3 October 2023 on critical technology areas for the EU’s economic security for further risk assessment with Member States:

Or. fr

Amendment 616

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point a – introductory part

Text proposed by the Commission

Amendment

a. Advanced semiconductors technologies:

a. Member States should review investments related to the following technology areas: Semiconductor technologies, meaning any technology or know-how related to:

i. design of integrated circuits and other semiconductors, including related semiconductor intellectual property core;

ii. electronic design automation software for the design of integrated circuits and other semiconductors, or for the design of advanced packaging;

iii. front-end fabrication of integrated circuits and other semiconductors;

iv. assembly, testing and packaging of integrated circuits and other semiconductors, including advanced printed circuit boards and packaging;

v. semiconductor manufacturing equipment, both for the front-end and back-end fabrication of integrated circuits and other semiconductors, including etching, deposition, epitaxy, lithography, advanced packaging, testing or metrology tools;

vi. core components or software of semiconductor manufacturing equipment;

vii. materials used in the fabrication of integrated circuits and other semiconductors, in particular specialty chemicals, rare gases, semiconductor materials, substrates or wafers

Or. en

Amendment 617

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point a – indent 1

Text proposed by the Commission

Amendment

– microelectroics, including processors

deleted

Or. en

Amendment 618

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point a – indent 2

Text proposed by the Commission

Amendment

– photonics (including high energy laser) technologies

deleted

Or. en

Amendment 619

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point a – indent 3

Text proposed by the Commission

Amendment

– high frequency chips

deleted

Or. en

Amendment 620

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point a – indent 4

Text proposed by the Commission

Amendment

– semiconductor manufacturing equipment at very advanced node sizes

deleted

Or. en

Amendment 621

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point a – indent 4 a (new)

Text proposed by the Commission

Amendment

– Data storage and processing equipment and facilities

Or. en

Amendment 622

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point b – introductory part

Text proposed by the Commission

Amendment

b. Artificial intelligence technologies:

b. Member States should review investments related to Artificial intelligence technologies:

Artificial intelligence (‘AI’) technologies, meaning any technology or know-how related to a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments (‘AI system’), used for the following applications:

i. generative AI systems trained using more than 10^25 FLOPS (floating point operations);

ii. generative AI systems trained in a significant part on biological/ genomic data, or designed to be used in a biotechnological, space or defence context.

Or. en

Amendment 623

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point b – indent 1

Text proposed by the Commission

Amendment

– high performance computing

deleted

Or. en

Amendment 624

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point b – indent 2

Text proposed by the Commission

Amendment

– cloud and edge computing

deleted

Or. en

Amendment 625

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point b – indent 3

Text proposed by the Commission

Amendment

– data analytics technologies

deleted

Or. en

Amendment 626

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point b – indent 4

Text proposed by the Commission

Amendment

– computer vision, language processing, object recognition

deleted

Or. en

Amendment 627

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point c – introductory part

Text proposed by the Commission

Amendment

c. Quantum technologies:

c. Member States should review investments related to Quantum technologies:

Quantum technologies, meaning any technology or know-how related to:

i. quantum computing;

ii. quantum communications;

iii. quantum sensing.

Or. en

Amendment 628

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point c – indent 1

Text proposed by the Commission

Amendment

– quantum computing

deleted

Or. en

Amendment 629

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point c – indent 2

Text proposed by the Commission

Amendment

– quantum cryptography

deleted

Or. en

Amendment 630

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point c – indent 3

Text proposed by the Commission

Amendment

– quantum communications

deleted

Or. en

Amendment 631

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point c – indent 4

Text proposed by the Commission

Amendment

– quantum sensing and radar

deleted

Or. en

Amendment 632

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point e

Text proposed by the Commission

Amendment

e. Advanced connectivity, navigation and digital technologies:

deleted

— Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network) and 6G

— Cyber security technologies incl. cyber-surveillance, security and intrusion systems, digital forensics

— Internet of Things and Virtual Reality

— Distributed ledger and digital identity technologies

— Guidance, navigation and control technologies, including avionics and marine positioning

Or. fr

Amendment 633

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point e – indent 1 a (new)

Text proposed by the Commission

Amendment

– Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network), 5G and 6G, laser and light communication

Or. en

Amendment 634

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point e – indent 2 a (new)

Text proposed by the Commission

Amendment

– Cyber security technologies incl. cyber-surveillance, encryption, security and intrusion prevention and detection systems, digital forensics

Or. en

Amendment 635

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point e – indent 5 a (new)

Text proposed by the Commission

Amendment

– Submarine fibre-optic cables

Or. en

Amendment 636

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point e a (new)

Text proposed by the Commission

Amendment

ea. 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

- Electromobility technology

Or. en

Amendment 637

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point f

Text proposed by the Commission

Amendment

f. Advanced sensing technologies:

deleted

— Electro-optical, radar, chemical, biological, radiation and distributed sensing

— Magnetometers, magnetic gradiometers

— Underwater electric field sensors

— Gravity meters and gradiometers

Or. fr

Amendment 638

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point g

Text proposed by the Commission

Amendment

g. Space & propulsion technologies:

deleted

— Dedicated space-focused technologies, ranging from component to system level

— Space surveillance and Earth observation technologies

— Space positioning, navigation and timing (PNT)

— Secure communications including Low Earth Orbit (LEO) connectivity

— Propulsion technologies, including hypersonics and components for military use

Or. fr

Amendment 639

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point h

Text proposed by the Commission

Amendment

h. Energy technologies:

deleted

— Nuclear fusion technologies, reactors and power generation, radiological conversion/enrichment/recycling technologies

— Hydrogen and new fuels

— Net-zero technologies, including photovoltaics

— Smart grids and energy storage, batteries

Or. fr

Amendment 640

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h – introductory part

Text proposed by the Commission

Amendment

h. Energy technologies:

h. Energy technologies, services and infrastructure:

Or. en

Amendment 641

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h – indent 1

Text proposed by the Commission

Amendment

– Nuclear fusion technologies, reactors and power generation, radi ological conversion/enrichment/recycling technologies

– Nuclear technologies, reactors and power generation, radi ological conversion/enrichment/recycling technologies, nuclear storage and disposal of radioactive waste

Or. en

Amendment 642

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h – indent 3

Text proposed by the Commission

Amendment

– Net-zero technologies, including photovoltaics

– Net-zero technologies, including photovoltaics and solar thermal infrastructure, as well as onshore and offshore renewable energy technologies

Or. en

Amendment 643

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h – indent 3 a (new)

Text proposed by the Commission

Amendment

– Grid operators (TSOs and DSOs)

Or. en

Amendment 644

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h – indent 4

Text proposed by the Commission

Amendment

– Smart grids and energy storage, batteries

– European and cross-border grids, including smart grids and energy storage solutions, batteries, battery technologies for grid applications and renewable energy integration

Or. en

Amendment 645

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II – point 3 – point h a (new)

Text proposed by the Commission

Amendment

ha. environmental decontamination technologies and climate change mitigation and adaptation technologies

Or. en

Amendment 646

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point i

Text proposed by the Commission

Amendment

i. Robotics and autonomous systems:

deleted

— Drones and vehicles (air, land, surface and underwater)

— Robots and robot-controlled precision systems

— Exoskeletons

— AI-enabled systems

Or. fr

Amendment 647

Christophe Bay, Thierry Mariani, Aleksandar Nikolic, Enikő Győri

on behalf of the PfE Group

Proposal for a regulation

Annex II – point 3 – point j

Text proposed by the Commission

Amendment

j. Advanced materials, manufacturing and recycling technologies:

deleted

— Technologies for nanomaterials, smart materials, advanced ceramic materials, stealth materials, safe and sustainable by design materials

— Additive manufacturing, including in the field

— Digital controlled micro-precision manufacturing and small-scale laser machining/welding

— Technologies for extraction, processing and recycling of critical raw materials (including hydrometallurgical extraction, bioleaching, nanotechnology-based filtration, electrochemical processing and black mass)

Or. fr

Amendment 648

Daniel Caspary, Céline Imart

Proposal for a regulation

Annex II – point 3 – point j b (new)

Text proposed by the Commission

Amendment

j b. Member States should review investments related to Media and Social Media:

Member States shall review foreign direct investments into media companies, including traditional media (such as television, radio, print, and online news outlets) as well as social media platforms, with a focus on protecting public order, internal security, and the integrity of democratic processes within the Union. Special attention shall be paid to investments originating from third countries or private entities with strategic influence capabilities, particularly those linked to state-controlled actors, opaque ownership structures, or histories of disseminating disinformation.

For social media platforms, the screening shall assess whether such investments could enable control over digital communication infrastructure, manipulation of information flows, or algorithmic biases that may threaten democratic debate, freedom of expression, or societal cohesion. Additionally, Member States must examine potential risks related to user data privacy, cybersecurity vulnerabilities, and the weaponisation of platforms for hostile foreign information operations. The overarching objective is to ensure media independence, plurality of opinions, and resilience against undue external influence.

Or. en

Amendment 649

Karin Karlsbro

Proposal for a regulation

Annex II – point 4 a (new)

Text proposed by the Commission

Amendment

4a. The education sector, including elementary schools, secondary schools, and universities providing vital societal functions in the EU.

Or. en

Amendment 650

Marina Mesure

Proposal for a regulation

Annex II – point 5 a (new)

Text proposed by the Commission

Amendment

5a. Transport industries and technologies of critical importance such as rail industry, including all aspects of design, manufacturing, maintenance and refurbishment of rail transport systems, and automotive industry, including automotive suppliers, refuelling infrastructure, including electric charging infrastructure

Or. en

Amendment 651

Marina Mesure

Proposal for a regulation

Annex II – point 5 b (new)

Text proposed by the Commission

Amendment

5b. Critical entities identified under Directive (EU) 2022/2557 of the European Parliament and of the Council

Or. en

Amendment 652

Marina Mesure

Proposal for a regulation

Annex II – point 5 c (new)

Text proposed by the Commission

Amendment

5c. Construction sector, including production of construction materials.

Or. en

Amendment 653

Marina Mesure

Proposal for a regulation

Annex II – point 5 d (new)

Text proposed by the Commission

Amendment

5d. Purchase of land and real estate activities, affecting agricultural lands and housing.

Or. en

Amendment 654

Marina Mesure

Proposal for a regulation

Annex II – point 5 e (new)

Text proposed by the Commission

Amendment

5e. education and academia

Or. en

Amendment 655

Markéta Gregorová, Anna Cavazzini

Proposal for a regulation

Annex II a (new)

Text proposed by the Commission

Amendment

Security and Public Order Criteria

(a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; 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 identified under Directive (EU) 2022/2557 of the European Parliament and of the Council 45 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council 46. 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;

(b) risks that are relevant in relation to the four main risks identified under the Union Economic Security Strategy and the related risk assessments;

(c) the availability of critical technologies that are essential to EU strategic autonomy and clean transition, including with regard to the risk of technology leakage and transfer;

(d) the avoidance of strategic dependencies on critical inputs;

(e) the protection of sensitive information, including personal data, in particular with regard to the ability of the foreign investor to access, control, transfer and otherwise process such personal data;

(f) the location of the Union target in relation to the proximity to military and other sensitive facilities;

(g) the freedom and pluralism of the media, fundamental rights, civic discourses and impact on electoral processes, rule of law including online and social media platforms that can be used for large scale disinformation or criminal activities;

(h) intellectual property leakage;

(i) the integrity and resilience of the Union Single Market and the preservation of the Union social market economy;

(j) the protection and integrity of Services of General Interest and Services of General Economic Interest;

(k) geopolitical risks, including risks of economic coercion and extraterritorial effects of third countries’ measures.

Or. en