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
ITRE-AD-763211
Committee on Industry, Research and Energy · Rapporteur: Borys Budka
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The committee opinion amends the proposed regulation on screening foreign investments, expanding its scope, tightening notification rules, and strengthening the Commission's role.¶¶¶ It requires mandatory notification for investments in Annex II areas, extends the period for screening non-notified investments to 36 months, and adds new criteria for risk assessment.¶¶¶ The opinion also introduces a common European form for authorisation requests, a business intelligence capability for the Commission, and new sectors in Annex II.¶¶¶
Committee position. The committee proposes amendments to the Commission's proposal, aiming to strengthen screening mechanisms, expand scope, and enhance cooperation.¶¶¶
Key points
- Extends the definition of foreign investment to include investments within the Union with foreign control, enabling decisive influence on a Union target.¶
- Requires Member States to establish or maintain screening mechanisms that fulfil at least the requirements of the Regulation.¶
- Mandates notification for investments in Annex II areas, but not for minority investments, short-term investments, or group restructurings unless they result in foreign control.¶
- Extends the period for screening non-notified investments from 15 to 36 months after completion, with exceptions for already screened investments unless false information was provided.¶¶¶
- Requires the Commission to issue opinions on investments that could affect security or public order, and allows follow-up opinions if its opinions are not given utmost consideration.¶¶
- Sets a 180-day deadline for Member States to provide additional information requested by the Commission or other Member States.¶
- Adds new risk assessment criteria, including opaque ownership structures, sanctions lists, and third-country legislation allowing arbitrary access to company data.¶¶¶
- Introduces a common European form for authorisation requests, to be developed by the Commission via implementing acts.¶
- Adds election-related infrastructure, media services, and critical raw materials to Annex II areas subject to screening.¶¶¶
Who is affected
- Foreign investors and Union targets in critical sectors, including energy, media, and raw materials, face stricter screening and notification requirements.¶¶¶
- Member States' screening authorities must handle more notifications and meet tighter deadlines, but gain access to a common form and Commission support.¶¶¶
- The Commission gains new powers to issue opinions, procure business intelligence, and develop a common risk evaluation form.¶¶¶
Figures and deadlines
- 36 months after completion for screening non-notified investments¶¶¶
- 45 calendar days for notification of authorisation requests¶
- 60 calendar days maximum extension for complex cases¶
- 180 days from the date of the request for additional information¶
- 3 calendar days to file requests in multiple Member States¶
- 5 calendar days to notify screening decisions to other Member States and the Commission¶