Sittings · Document

DRAFT REPORT (COM(2024)0023 – C90011/2024 – 2024/0017(COD)) 2025-01-17

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 · Rapporteur: Raphaël Glucksmann

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2024)0023 – C90011/2024 – 2024/0017(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0023),

– having regard to Article 294(2) and Articles 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90011/2024),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the Economic and Social Committee of 10 July 2024,

– having regard to the opinion of the Committee of the Regions of 20 November 2024,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism,

– having regard to the report of the Committee on International Trade (A100000/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a) Moreover, a new legislative instrument is necessary due to the evolving nature of investment flows. The integration of global economies, combined with war and geopolitical tensions, has introduced new risks that the Commission and the Member States are committed to addressing. On 20 June 2023, the Commission presented a Communication to the European Parliament, the European Council, and the Council on the “European Economic Security Strategy,” which identifies the revision of Regulation (EU) 2019/452 as a tool to protect the Union against economic security risks. That Communication emphasises the importance of addressing risks associated with the resilience of supply chains and critical infrastructures, technology security and leakage, and the weaponisation of economic dependencies or economic coercion. It envisages the adoption of measures designed to ensure the Union’s prosperity, sovereignty, and safety. This Regulation aligns with those objectives by ensuring that foreign investments in the Union do not compromise its economic security, which, as a fundamental interest of Member States and the Union’s society, forms an integral part of their public order.

Or. en

Amendment 2

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) A significant majority of Member States, but not all, have a legislative instrument in place that provides for a mechanism to screen FDIs. In many Member States, national laws also extend to screening intra-Union investments. Among the Member States, there are substantial differences as to the scope, thresholds and criteria used to assess whether an investment is likely to negatively affect security or public order. There are also differences in the screening processes. In certain Member States, the investment can be implemented before having received clearance with respect to the impact on security and public order. However, others require that the investment is only finalised after authorisation under the screening mechanism. Such divergences create a problem for the smooth functioning of the internal market. For example, they create an uneven playing field and increase compliance costs for investors seeking to notify transactions in more than one Member State. This Regulation helps in reducing divergences on key elements of the mechanisms implemented at national level. This is crucial to ensure predictability for investors on the applicable national regimes and their characteristics, thereby reducing the associated compliance costs. This is all the more relevant considering the level of integration of internal market, which may result in a single transaction impacting multiple Member States across the Union. It is for example possible that a transaction aimed to the acquisition of a target company in one Member State also affects security and public order in another Member State, due to the supply chain structure or other economic elements connecting the target with other companies based in a different Member States. In order to address these internal market problems and ensure greater consistency and predictability, it is appropriate that the criteria and elements to be used for the assessment of foreign investments are established through Union action.

(8) A significant majority of Member States, but not all, have a legislative instrument in place that provides for a mechanism to screen FDIs. In many Member States, national laws also extend to screening intra-Union investments. Among the Member States, there are substantial differences as to the scope, thresholds and criteria used to assess whether an investment is likely to negatively affect security or public order. There are also differences in the screening processes. In certain Member States, the investment can be implemented before having received clearance with respect to the impact on security and public order. However, others require that the investment is only finalised after authorisation under the screening mechanism. Such divergences create a problem for the smooth functioning of the internal market. For example, they create an uneven playing field and increase compliance costs for investors seeking to notify transactions in more than one Member State. This Regulation helps in harmonising key elements of the mechanisms implemented at national level. This is crucial to ensure predictability for investors on the applicable national regimes and their characteristics, thereby reducing the associated compliance costs. This is all the more relevant considering the level of integration of internal market, which may result in a single transaction impacting multiple Member States across the Union. It is for example possible that a transaction aimed to the acquisition of a target company in one Member State also affects security and public order in another Member State, due to the supply chain structure or other economic elements connecting the target with other companies based in a different Member States. In order to address these internal market problems and ensure greater consistency and predictability, it is appropriate that the criteria and elements to be used for the assessment of foreign investments are established through Union action.

Or. en

Amendment 3

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) To ensure a consistent approach to foreign investment screening across the Union, all Member States should be required to screen foreign investments on the grounds of security or public order. Therefore, the core elements of national screening mechanisms should be harmonised. That minimum harmonisation includes the scope of investments to be screened, the screening procedure’s essential features, and the interaction between the national mechanism and the Union cooperation mechanism. In addition, Member States should also be able to extend the scope of their national screening mechanism to include other types of foreign investments, foreign investments in other sectors, additional Union targets or economic activities that the relevant Member State considers critical for its security or public order. When they do so, such screening should also comply with the provisions of this Regulation.

(9) To ensure a consistent approach to foreign investment screening across the Union, all Member States should be required to screen foreign investments on the grounds of security or public order. Therefore, the core elements of national screening mechanisms should be harmonised. That minimum harmonisation includes the scope of investments to be screened, the screening procedure’s essential features, the interaction between the national mechanism and the Union cooperation mechanism and deadlines. In addition, Member States should also be able to extend the scope of their national screening mechanism to include other types of foreign investments, foreign investments in other sectors, additional Union targets or economic activities that the relevant Member State considers critical for its security or public order. When they do so, such screening should also comply with the provisions of this Regulation.

Or. en

Amendment 4

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) Screening foreign investments should be carried out in accordance with this Regulation, taking into account all factual information available and adhering to the principle of proportionality and other principles enshrined in the Treaties. Moreover, the screening of foreign investments which are carried out through subsidiaries of the foreign investor established in the Union should in all cases comply with the requirements stemming from Union law, and in particular with the Treaty provisions on freedom of establishment and free movement of capital, as interpreted in the case-law of the Court of Justice of the European Union, consistently with the objective of preserving an open and inclusive internal market. Any restrictions to the freedom of establishment and free movement of capital in the Union, including the screening and measures arising from screening, such as mitigating measures and prohibitions should be based on a genuine and sufficiently serious threat to a fundamental interest of society, and should be appropriate and necessary as set out in the case law of the Court of Justice. At the same time, when assessing the justification and proportionality of a restriction, the specificities of investments within the Union operated through a subsidiary of a foreign investor may be taken into account when assessing any restrictions on freedom of establishment or to the free movement of capital, including where appropriate in any Commission opinion adopted pursuant to this Regulation. This should be done taking into account the integration of Member State schemes into a Union-wide cooperation mechanism.

(12) Screening foreign investments should be carried out in accordance with this Regulation, taking into account all factual information available and adhering to the principle of proportionality and other principles enshrined in the Treaties. Moreover, the screening of foreign investments which are carried out through subsidiaries of the foreign investor established in the Union should in all cases comply with the requirements stemming from Union law, and in particular with the Treaty provisions on freedom of establishment and free movement of capital, as interpreted in the case-law of the Court of Justice of the European Union, consistently with the objective of preserving a functioning, open and inclusive internal market. Any restrictions to the freedom of establishment and free movement of capital in the Union, including the screening and measures arising from screening, such as mitigating measures and prohibitions should be based on a genuine and sufficiently serious threat to a fundamental interest of society, and should be appropriate and necessary as set out in the case law of the Court of Justice. At the same time, when assessing the justification and proportionality of a restriction, the specificities of investments within the Union operated through a subsidiary of a foreign investor may be taken into account when assessing any restrictions on freedom of establishment or to the free movement of capital, including where appropriate in any Commission opinion adopted pursuant to this Regulation. This should be done taking into account the integration of Member State schemes into a Union-wide cooperation mechanism.

Or. en

Amendment 5

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create lasting and direct links between a foreign investor and such facilities or such undertakings. In addition, by setting up new facilities, a foreign investor can impact on security and public order, including when that risk concerns essential economic inputs. Member States are therefore encouraged to include greenfield foreign investments in the scope of transactions covered by their screening mechanisms, in particular when such investments occur in sectors relevant to their security or public order or when they present characteristics such as size or essential nature to be relevant to their security or public order.

(17) Greenfield foreign investments occur where the foreign investor or a foreign investor’s subsidiary in the Union sets up new facilities or a new undertaking in the Union. Greenfield foreign investments should fall within the scope of this Regulation to the extent they are considered relevant by a Member State for the purpose of the screening of foreign investments because they create lasting and direct links between a foreign investor and such facilities or such undertakings. In addition, by setting up new facilities, a foreign investor can impact on security and public order, including when that risk concerns essential economic inputs. Member States should therefore include greenfield foreign investments in the scope of transactions covered by their screening mechanisms, in particular when such investments occur in sectors relevant to their security or public order or when they present characteristics such as size or essential nature to be relevant to their security or public order. However, greenfield investments should not be included in the scope of the transactions to be subject to an authorisation requirement.

Or. en

Amendment 6

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) In order to ensure that the likely effect of a foreign investment on the security or public order of one or more Member States is adequately addressed, Member States receiving duly justified comments from other Member States or an opinion from the Commission should give such comments or opinion utmost consideration, including where it considers that its own security or public order is not affected. The Member State should coordinate with the Commission and the Member States concerned if necessary and provide them with written feedback on the decision taken and how the comments and the opinion have been given utmost consideration. The final decision on foreign investments should remain the sole responsibility of the Member State where the foreign investment is planned or completed.

(28) In order to ensure that the likely effect of a foreign investment on the security or public order of one or more Member States is adequately addressed, Member States receiving duly justified comments from other Member States or an opinion from the Commission should give such comments or opinion utmost consideration, including where it considers that its own security or public order is not affected. The Member State should coordinate with the Commission and the Member States concerned if necessary and provide them with written feedback on the decision it intends to take and how the comments and the opinion have been given utmost consideration.

Or. en

Amendment 7

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

(28a) Within the allocation of responsibilities between Member States and the Commission provided for by this Regulation, national screening authorities face limitations in investigating foreign investment transactions beyond their geographical borders, which can have an impact on the effectiveness of their analysis. For example, this could be the case where customers of the target company are located in another Member State, while their views may be essential to assess the target's sensitivity to security or public order risks, such as the availability of alternative suppliers for the target's goods or services. Given its cross-border perspective, the Commission is well-placed to address those limitations and contribute to the assessment of the impact of foreign investment transactions on security and public order. To that end, it should be granted appropriate investigative powers to gather necessary information. The Commission should be able to request information from entities in another Member State when such information cannot be efficiently obtained through the cooperation mechanism. The Commission’s power to request information should be based on a duly justified request from a Member State. However, when national authorities face legal or procedural constraints, such as short procedural timelines, the Commission should be able to act independently, provided that the Member State where the foreign investment is planned or has been completed (host Member State) does not oppose such action. That power should be limited to information necessary to assess the impact of a transaction on more than one Member State, including adverse effects on Union programmes and projects.

Or. en

Amendment 8

Proposal for a regulation

Recital 28 b (new)

Text proposed by the Commission

Amendment

(28b) In certain instances, disagreements may arise between the host Member State and another Member State, or the Commission, regarding whether the investment is likely to affect the security and public order of the Member State or of the Union. Leaving the resolution of such disagreements solely to the host Member State risks affecting the security and public order of the Union as a whole and undermining the functioning of the cooperation mechanism. Therefore, in such cases, the Commission should be empowered to adopt a decision, basing its assessment of the likelihood of the investment affecting security and public order on the information provided by the host Member State. In all other cases, the final decision should remain the responsibility of the host Member State.

Or. en

Amendment 9

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) A Member State where a foreign investment is planned or has been completed may inform other Member States or the Commission if it wishes them to further analyse one or more aspects of a foreign investment that the cooperation mechanism is assessing or becomes aware of new circumstances or new information that may impact the assessment of the foreign investment. The other Member States and the Commission may then be granted additional time to complement their assessment of the foreign investment.

(33) A host Member State may inform other Member States or the Commission if it becomes aware of new circumstances or new information that may impact the assessment of a notified foreign investment. The other Member States and the Commission may then be granted additional time to complement their assessment of the foreign investment.

Or. en

Amendment 10

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to align deadlines and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned simultaneously. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order. The Commission should be able to participate in such coordination.

(34) To ensure the efficiency and effectiveness of the cooperation mechanism, it is necessary to align deadlines and procedures when several foreign investments linked to the same broader transaction are screened in several Member States. In such multi-country transactions, the applicant should file the different requests for authorisation in the Member States concerned within a limited timeframe. In addition, those Member States should notify the requests simultaneously to the cooperation mechanism. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notifiable and when they should be notified. Furthermore, the Member States concerned should also coordinate on the timing and content of their final decision. If the Member States concerned intend to authorise the foreign investment with conditions, they should ensure that these conditions are compatible with one another and address cross-border risks adequately. Before prohibiting a foreign investment, the Member States concerned should consider whether a conditional authorisation with coordinated measures and their coordinated enforcement is not sufficient to address the likely effect on security or public order. The Commission should be able to participate in such coordination.

Or. en

Amendment 11

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity and functioning of critical infrastructure, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment. This should include, in particular, whether an investor is controlled directly or indirectly, for example through significant funding, by the government of a third country or is involved in pursuing policy objectives of third countries to facilitate their military capabilities. In this context, if applicable, Member States and the Commission should also consider why the foreign investor, its beneficial owner or any of its subsidiaries or a person acting on behalf or at the direction of such a foreign investor is subject to any type of Union restrictive measures pursuant to Article 215 TFEU.

(35) To ensure a consistent approach to the screening of investments across the Union, it is essential that the standards and criteria used to assess likely risks to security and public order are those set at Union level in this Regulation. Those should include the impact on the security, integrity, functioning and resilience of critical infrastructure and of the internal market, the availability of critical technologies (including key enabling technologies) and the continued supply of critical inputs for security or public order, the disruption, failure, loss or destruction of which would have a significant impact on security and public order in one or more Member States or on the Union as a whole, and the capacity to address strategic dependencies. In that regard, Member States and the Commission should also take into account the context and circumstances of the foreign investment. This should include, in particular, whether an investor is controlled directly or indirectly, for example through significant funding, by the government of a third country, whether it is involved in pursuing policy objectives of third countries, or is aiming to facilitate their military capabilities. The pursuit of a third country’s policy objectives may involve its government exerting influence over undertakings, leading to significant market distortions. In this context, if applicable, Member States and the Commission should also consider why the foreign investor, its beneficial owner or any of its subsidiaries or a person acting on behalf or at the direction of such a foreign investor is subject to any type of Union restrictive measures pursuant to Article 215 TFEU.

Or. en

Amendment 12

Proposal for a regulation

Recital 39 a (new)

Text proposed by the Commission

Amendment

(39a) In order to ensure an efficient and secure exchange of information between Member States, and between Member States and the Commission, under this Regulation, the Commission should establish and maintain a secure, encrypted system. To safeguard the confidentiality and integrity of communications, all exchanges under this Regulation should take place exclusively through that system.

Or. en

Amendment 13

Proposal for a regulation

Recital 39 b (new)

Text proposed by the Commission

Amendment

(39b) To ensure the secure and efficient submission and processing of filings related to foreign investment screening, and to alleviate the administrative burden on both applicants and authorities, a single electronic portal at Union level should be established. This portal should provide a unified mechanism for applicants and their representatives to file transactions electronically with national screening authorities.

Or. en

Amendment 14

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) The Commission should evaluate the functioning and effectiveness of this Regulation 5 years after the date of application of this Regulation and every 5 years after that and present a report to the European Parliament and to the Council. That report should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending this Regulation, it may be accompanied by a legislative proposal.

(44) The Commission should 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. That report should in particular include an assessment of the contribution of this Regulation to the economic security of the Union. It should include an assessment of whether or not this Regulation should be amended. Where the report proposes amending this Regulation, it may be accompanied by a legislative proposal.

Or. en

Amendment 15

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) When a foreign investment constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200412 , the application of this Regulation should be without prejudice to the application of Article 21(4) of Regulation (EC) No 139/2004. This Regulation and Article 21(4) of Regulation (EC) No 139/2004 should be applied consistently. To the extent that the respective scope of application of those two Regulations overlap, the grounds for screening set out in Article 12 of this Regulation and the notion of legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004 should be interpreted coherently, without prejudice to the assessment of the compatibility of the national measures aimed at protecting those interests with the general principles and other provisions of Union law.

(46) When a foreign investment constitutes a concentration falling within the scope of Council Regulation (EC) No 139/200412 , the application of this Regulation should be without prejudice to the application of Article 21(4) of Regulation (EC) No 139/2004. This Regulation and Article 21(4) of Regulation (EC) No 139/2004 should be applied consistently. To the extent that the respective scope of application of those two Regulations overlap, the grounds for screening set out in Article 1 of this Regulation and the notion of legitimate interests within the meaning of Article 21(4), third subparagraph, of Regulation (EC) No 139/2004 should be interpreted coherently, without prejudice to the assessment of the compatibility of the national measures aimed at protecting those interests with the general principles and other provisions of Union law.

__________________

12 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/139/oj).

Or. en

Amendment 16

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, which enables effective participation in the management or control of a Union target;

(1) ‘foreign investment’ means a foreign direct investment or an investment within the Union with foreign control, whether planned or completed, that enables decisive influence on a Union target, or effective participation in its management;

Or. en

Amendment 17

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘investment within the Union with foreign control’ means an investment of any kind carried out by a foreign investor through the foreign investor’s subsidiary in the Union, that aims to establish or to maintain lasting and direct links between the foreign investor and a Union target that exists or is to be established, and to which target the foreign investor makes capital available in order to carry out an economic activity in a Member State;

(3) ‘investment within the Union with foreign control’ means an investment of any kind carried out by a foreign investor through the foreign investor’s subsidiary in the Union, that aims to establish or to maintain lasting and direct links between the foreign investor and an existing or to be established Union target, and to which target the foreign investor makes capital available in order to carry out an economic activity in a Member State;

Or. en

Amendment 18

Proposal for a regulation

Article 2 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9) ‘Union target economically active in one of the areas listed in Annex II’ means an Union target active or intending to be active in technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union, listed in Annex II, including through ownership, use, production or supply thereof;

(9) ‘Union target economically active in one of the areas listed in Annex II’ means an Union target active or intending to be active in the design, development, production or supply of the technologies, assets, facilities, equipment, networks, systems, services and economic activities listed in Annex II;

Or. en

Amendment 19

Proposal for a regulation

Article 2 – paragraph 1 – point 18 a (new)

Text proposed by the Commission

Amendment

(18a) ‘host Member State’ means the Member State in which a foreign investment is planned or completed;

Or. en

Amendment 20

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall make publicly available a list of Member States’ screening mechanisms no later than 3 months after having received all the notifications referred to in paragraph 3 or by [date: 21 months after entry into force], whichever occurs first. The Commission shall keep that list up to date.

4. The Commission shall make publicly available a list of Member States’ screening mechanisms no later than 3 months after having received all the notifications referred to in paragraph 3 or by [18 months from the entry into force of this Regulation], whichever occurs first. The Commission shall keep that list up to date.

Or. en

Amendment 21

Proposal for a regulation

Article 4 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation and to carry out an initial review followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content.

(a) adequate procedures shall be provided for the screening authority to determine whether it has jurisdiction over a foreign investment filed for authorisation. The screening shall comprise an initial review of no more than 35 calendar days following the receipt of the complete request for authorisation, followed by, where necessary, an in-depth investigation to determine whether that foreign investment is likely to negatively affect security or public order. The purpose of the in-depth investigation shall be, in particular, to determine whether a screening decision as referred to in Article 14(1) is appropriate and to determine its content;

Or. en

Amendment 22

Proposal for a regulation

Article 4 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the screening authority shall be empowered to screen transactions involving Union targets that have not yet been established;

Or. en

Amendment 23

Proposal for a regulation

Article 4 – paragraph 2 – point a b (new)

Text proposed by the Commission

Amendment

(ab) where the screening authority decides to open an in-depth investigation, it shall inform the undertakings concerned;

Or. en

Amendment 24

Proposal for a regulation

Article 4 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the screening authority shall be empowered to start screening foreign investments by its own initiative for at least 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order;

(c) the screening authority shall be empowered to start screening foreign investments by its own initiative up to 15 months after the completion of a foreign investment that is not subject to an authorisation requirement where the screening authority has grounds to consider that the foreign investment may affect security or public order;

Or. en

Amendment 25

Proposal for a regulation

Article 4 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) an annual report shall be made public, and shall include information on relevant legislative developments in the Member State and aggregate and anonymised data on the investments screened, including the outcome of screening decisions, nationalities, or country of establishment as the case may be, of parties to the investments notified to the screening authority, and the economic sectors in which those transactions took place;

Or. en

Amendment 26

Proposal for a regulation

Article 4 – paragraph 2 – point h a (new)

Text proposed by the Commission

Amendment

(ha) screening authorities shall be empowered to impose effective, proportionate and dissuasive penalties on foreign investors who fail to request an authorisation where required to do so, fail to comply with mitigating measures, or attempt to otherwise circumvent the screening mechanism or screening decisions;

Or. en

Amendment 27

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall inform the applicant requesting an authorisation and state the reasons on which they intend to take their decision, subject to the protection of information the disclosure of which would be contrary to the security or public order interests of the EU or one or more of the Member States and without prejudice to Union and national law concerning the protection of confidential information. Member States shall give the foreign investor the opportunity to make their views known before taking such decision.

Or. en

Amendment 28

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 previously screened by a Member State that 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.

Or. en

Amendment 29

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. Member States shall notify the Commission and the other Member States of any foreign investment in their territory that has not been notified pursuant to paragraph 1, where they initiate an in-depth investigation under their screening procedures.

Or. en

Amendment 30

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 31

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 does not meet the conditions set out in paragraphs 1 and 2 if the host Member State 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 32

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. en

Amendment 33

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:

Or. en

Amendment 34

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 complete request for authorisation for foreign investments meeting any of the conditions set out in Article 5(1) or (3);

Or. en

Amendment 35

Proposal for a regulation

Article 6 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) within 60 calendar days of receiving the request for authorisation for foreign investments meeting the conditions set out in Article 5(2).

(b) within 5 calendar days of initiating an in-depth investigation for foreign investments meeting the conditions set out in Article 5(2).

Or. en

Amendment 36

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 37

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 38

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. A Member State may issue such comments if it:

Or. en

Amendment 39

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. The Commission may issue such an opinion if:

Or. en

Amendment 40

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 all Member States that provided comments and notify the other Member States that an opinion was issued;

Or. en

Amendment 41

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.

Or. en

Amendment 42

Proposal for a regulation

Article 7 – paragraph 5

Text proposed by the Commission

Amendment

5. Where a Member State where the foreign investment is planned or completed receives a comment from another Member State pursuant to paragraph 1 or an opinion from the Commission pursuant to paragraph 2 or 3, it shall give utmost consideration to such a comment or opinion.

5. Where a host Member State 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. en

Amendment 43

Proposal for a regulation

Article 7 – paragraph 6

Text proposed by the Commission

Amendment

6. Following the receipt of a comment pursuant to paragraph 1, the Member State shall set up a meeting with the Member States who issued comments to discuss how to best address the risks identified. If the Member State where the foreign investment is planned or completed disagrees with the risks identified or, if applicable, the measure proposed with the comment, the Member States shall aim to identify alternative solutions. Where the comment concerns a multi-country transaction, the other Member States who notified the foreign investment shall also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, the intended conditions are able to address identified cross-border risks adequately. The Commission shall be invited to any such meetings.

6. Following the receipt of a comment pursuant to paragraph 1 or an opinion pursuant to paragraph 2 of this Article, the host Member State shall set up a meeting with the Member States that issued comments, where applicable, and the Commission to discuss how to best address the risks identified. If the host Member State disagrees with the risks identified or, if applicable, the measure proposed with the comment or opinion, the Member States and the Commission shall aim to identify alternative solutions. Where the comment or opinion concerns a multi-country transaction, the other Member States that notified the foreign investment shall also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, whether the intended conditions are able to address identified cross-border risks adequately.

Or. en

Amendment 44

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. en

Amendment 45

Proposal for a regulation

Article 7 – paragraph 8

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 meeting referred to in paragraph 6 of this article, the host Member State shall transmit to the respective Member States and the Commission its intended screening decision and provide a written explanation on:

(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;

(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:

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

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

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

(b) where applicable, the reason for its disagreement with the Member States’ comments or the Commission opinion.

Or. en

Amendment 46

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.

9. Where a Member State or the Commission indicates that the intended screening decision referred to in paragraph 8 does not give utmost consideration to its comments provided pursuant to paragraph 1 or the opinion provided pursuant to paragraph 2, the host Member State shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall endeavour to identify solutions. 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.

Or. en

Amendment 47

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 the foreign investment is likely to affect 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 48

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 which provided comments, where applicable, and to the Commission no later than 3 calendar days after it was sent to the respective parties to the foreign investment.

Or. en

Amendment 49

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.

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 do so no later than ... [six months from the date of entry into force of this Regulation] and 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.

Or. en

Amendment 50

Proposal for a regulation

Article 8 – title

Text proposed by the Commission

Amendment

Deadlines and procedures for providing comments and opinions on notified foreign investments

Deadlines and procedures applicable to the Union cooperation mechanism

Or. en

Amendment 51

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 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. en

Amendment 52

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

(b) the Commission shall inform the notifying Member State that it reserves its right to issue an opinion no later than 20 calendar days following the receipt of the notification pursuant to Article 5.

Or. en

Amendment 53

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 no later than 35 calendar days following receipt of the complete notification of the foreign investment;

Or. en

Amendment 54

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 no later than 45 calendar days following receipt of the complete notification of the foreign investment;

Or. en

Amendment 55

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 no later than 20 calendar days following receipt of the complete additional information;

Or. en

Amendment 56

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 no later than 30 calendar days following receipt of the complete additional information.

Or. en

Amendment 57

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 58

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 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.

Or. en

Amendment 59

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 without undue delay. 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 60

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 the deadlines referred to in paragraph 3, points (a) to (d), of this Article have expired, and no later than 30 calendar days after their expiry.

Where neither Member States nor the Commission have reserved the right to issue comments or an opinion, respectively, by the deadlines pursuant to paragraph 1 of this Article, the notifying Member State shall adopt its screening decision within 60 calendar days from the date of notification.

The deadlines referred to in this paragraph may be extended by 30 calendar days to allow the notifying Member State and the investor to agree on mitigating measures.

Or. en

Amendment 61

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.

8. Where, due to exceptional circumstances, the notifying Member State considers that its security or public order requires issuing a screening decision pursuant to Article 14(1) 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 62

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. Where 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 or has information relevant to that foreign investment, or where the Commission considers that such a foreign investment falls within the scope of Article 7(2), 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 host Member State does not intend to notify the foreign investment to the cooperation mechanism.

Or. en

Amendment 63

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 and the Commission 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 64

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.

deleted

Or. en

Amendment 65

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.

deleted

Or. en

Amendment 66

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 or the Commission shall open the own initiative procedure by sending a duly motivated request for information to the host Member State. 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 host Member State. Where the request for information is submitted by a Member State, that Member State shall send the request to the Commission simultaneously.

Or. en

Amendment 67

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 host Member State shall provide the complete information requested by the other Member States or the Commission pursuant to paragraph 5 without undue delay. Where the host Member State provides such information to a Member State, that information shall be sent to the Commission simultaneously

Or. en

Amendment 68

Proposal for a regulation

Article 9 – paragraph 7

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 host Member State, no later than 35 calendar days after receiving the complete information requested pursuant to paragraph 5. The Commission shall be granted an additional 15 calendar days to issue an opinion in cases where the procedure was initiated by a Member State. The host Member State shall give its utmost consideration to such comments or opinion.

(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.

(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.

Or. en

Amendment 69

Proposal for a regulation

Article 9 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Following receipt of a comment or opinion pursuant to paragraph 7 of this Article, the host Member State shall set up a meeting with the Member States who issued comments, where applicable, and the Commission to discuss how to best address the risks identified. If the host Member State disagrees with the risks identified or, if applicable, the measure proposed with the comment or opinion, the Member States and the Commission shall aim to identify alternative solutions.

Or. en

Amendment 70

Proposal for a regulation

Article 9 – paragraph 7 b (new)

Text proposed by the Commission

Amendment

7b. Following the meeting referred to in paragraph 7a, the host Member State shall inform the Commission and, where applicable, the Member State having provided the comment, whether it intends to screen the investment.

Or. en

Amendment 71

Proposal for a regulation

Article 9 – paragraph 7 c (new)

Text proposed by the Commission

Amendment

7c. Where the host Member State decides not to screen the foreign investment, it shall provide a written explanation to the respective Member States and the Commission on the reasons for its disagreement with the Member States’ comments or the Commission opinion.

Or. en

Amendment 72

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

Article 9a

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. 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.

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;

(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 of 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 penalty 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 73

Proposal for a regulation

Article 9 b (new)

Text proposed by the Commission

Amendment

Article 9b

Power of decision of the Commission

1. Following the suspension of a screening procedure pursuant to Article 7(9a) of this Regulation 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.

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, or that the intended decision adequately mitigates the risk; or

(b) require the host Member State to modify its intended decision, where it finds that the intended decision does not adequately mitigate risks to security or public order.

Where the Commission requires the host Member State to modify 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.

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 74

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 in response to the request of information referred to in 9(5) include:

Or. en

Amendment 75

Proposal for a regulation

Article 10 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) activities of the foreign investor, its name and address; and

(e) activities of the foreign investor, its name and address;

Or. en

Amendment 76

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ea) where applicable, the reasons justifying the notification; and

Or. en

Amendment 77

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.

deleted

Or. en

Amendment 78

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 host Member State may request the applicant requesting an authorisation or any other relevant undertaking to provide, inter alia, the information referred to in paragraphs 1. 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.

Or. en

Amendment 79

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.

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(2) and 9(6) as applicable.

Or. en

Amendment 80

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.

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 4 or 5 of this Article, in Article 8(5) or in Article 9(8). That Member State shall duly explain the reasons for not being able to provide the information.

Or. en

Amendment 81

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.

Or. en

Amendment 82

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(5) to (9b).

Or. en

Amendment 83

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Information received in accordance with the procedures set out in Articles 5, 7 and 9 shall be used only for the purpose for which it was requested, unless:

1. Information received in accordance with the procedures set out in Articles 5, 7, 9 and 9b shall be used only for the purpose for which it was requested, unless:

Or. en

Amendment 84

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the Court of Justice of the European Union or a court of the Member State where the foreign investment is planned or completed requests such information for the purpose of legal proceedings.

(b) the Court of Justice of the European Union or a court of the host Member State requests such information for the purpose of legal proceedings.

Or. en

Amendment 85

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. en

Amendment 86

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission

Amendment

Article 12a

Secure and encrypted system and single portal

1. The Commission shall establish and maintain a secure and encrypted system to facilitate the exchange of information between the contact points. All communications between Member States, as well as between Member States and the Commission under this Regulation, shall be transmitted exclusively through that secure and encrypted system.

2. As part of the secure and encrypted system, the Commission shall establish an online single portal for the electronic filing of foreign investments with screening authorities. That portal shall be operational no later than ... [six months before the date of application of this Regulation]. It shall serve as the entry point for the screening of foreign investments. Member States shall use the single portal to receive filings and for other communications with applicants.

3. Applicants and their legal representatives shall be able to submit filings through an online form available on the portal established pursuant to paragraph 3. The form shall include the information required under Article 10(1).

4. When submitting a filing, applicants shall select the Member States to which the filing is to be transmitted. Subsequent communications between the recipient Member State and the applicants shall take place through the portal until the request for authorisation is completed.

5. All information transmitted through the single portal shall be made available only to the designated recipient.

6. By ... [six months before the date of application of this Regulation], the Commission shall, by means of implementing acts pursuant to Article 21, adopt measures setting out the modalities for the functioning of the single portal and the secure and encrypted system provided for in this Article.

Or. en

Amendment 87

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.

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), or a decision pursuant to Article 9b, whether it considers a foreign investment to be likely to negatively affect security or public order.

Or. en

Amendment 88

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(aa) the security, integrity, functioning and resilience of the internal market;

Or. en

Amendment 89

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 uptake of critical technologies, technology security and technology leakage;

Or. en

Amendment 90

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ca) the capacity to address strategic dependencies;

Or. en

Amendment 91

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

Or. en

Amendment 92

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 shall be authorised without conditions.

2. Where the Member State where the foreign investment is planned or completed 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 93

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; an obligation to store and process specific data within the Union.

Or. en

Amendment 94

Proposal for a regulation

Article -15 (new)

Text proposed by the Commission

Amendment

Article -15

Group of experts on the screening of foreign direct investments into the Union

1. The group of experts on the screening of foreign direct investments into the Union providing advice and expertise to the Commission shall continue to discuss issues relating to the screening of foreign direct investments, share best practices and lessons learned, and exchange views on trends and issues of common concern relating to foreign direct investments. The Commission shall also seek the advice of that group on systemic issues relating to the implementation of this Regulation.

2. The discussions in that group shall be kept confidential.

Or. en

Amendment 95

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, including exchange of information and best practices, as well as capacity-building. That cooperation may also encourage the adoption of investment screening mechanisms by third countries, in particular by countries that are candidates for accession to the Union and countries in the Union’s neighbourhood.

Or. en

Amendment 96

Proposal for a regulation

Article 15 a (new)

Text proposed by the Commission

Amendment

Article 15a

Public Transparency Requirements

1. By ... [12 months from the date of entry into force of this Regulation], the Commission shall publish guidelines regarding:

(a) the concept of foreign investment, in particular the assessment criteria for establishing whether an investment enables decisive influence on a Union target or effective participation in its management pursuant to Article 2, point (2);

(b) the assessment criteria to establish whether an undertaking is part of or participates in a project or programme of Union interest pursuant to Article 4(4), point (a);

(c) the assessment criteria to establish whether an undertaking is economically active in one of the areas listed in Annex II pursuant to Article 4(4), point (b);

(d) the criteria for assessing potential risks to the security and public order of the Union;

(e) the criteria for assessing potential risks to the security and public order posed by transactions involving Union targets that have not yet been established.

Before issuing the guidelines referred to in the first subparagraph, the Commission shall conduct appropriate consultations with stakeholders and Member States. The Commission shall regularly update the guidelines in light of the experience gained in implementing this Regulation.

2. The Commission shall publish a list of all screening mechanisms established by the Member States. That list shall contain summary information on the respective scope and on the relevant procedural rules of each screening mechanism. It shall also contain a link to the screening authorities’ guidance referred to in paragraph 3 and the contact details of the respective contact point. The Commission shall keep that list up to date.

3. In order to enhance transparency and predictability, Member States shall publish and regularly update detailed guidance on the scope of their screening mechanism, the thresholds and triggers for notification obligations, the criteria used to assess whether an investment is likely to negatively affect security or public order, and the applicable timelines and procedural rules.

Or. en

Amendment 97

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:

Or. en

Amendment 98

Proposal for a regulation

Article 16 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) information on the origin of the foreign investors and the sector of activity of the targets of the foreign investments screened, authorised or prohibited;

(e) information on the origin of the foreign investors and the sector of activity of the targets of the foreign investments screened, authorised without conditions, authorised with conditions, and foreign investments prohibited, respectively;

Or. en

Amendment 99

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ea) the average duration of investment screening procedures;

Or. en

Amendment 100

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.

Or. en

Amendment 101

Proposal for a regulation

Article 16 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission’s annual report shall contain the information referred to in the paragraph 1 of this Article. It shall also contain an assessment of the trends and figures on foreign direct investments into the Union, relevant legislative developments in Member States and international cooperation activities pursuant to Article 15.

Or. en

Amendment 102

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.

Or. en

Amendment 103

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The first of the delegated acts referred to in paragraph 2 of this Article shall be adopted by ... [12 months from the date of entry into force of this Regulation] for the purpose of amending Annex II to further specify the list of technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union.

Or. en

Amendment 104

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 referred to in Article 19 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine 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 three months before the end of each period.

Or. en

Amendment 105

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:

(a) the forms to be used to provide the information indicated in Article 10(1);

(b) the form to be used for filings via the single portal pursuant to Article 12a; and

(c) the modalities for the functioning of the single portal and the secure and encrypted system described in Article 12a.

Or. en

Amendment 106

Proposal for a regulation

Annex II – point 5 a (new)

Text proposed by the Commission

Amendment

5a. Aeronautics infrastructures and technologies, as covered in particular by Regulation (EU) 2018/1139 of the European Parliament and of the Council1a.

__________________

1a Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).

Or. en