Sittings · Document
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 Industry, Research and Energy · Rapporteur: Pascale Piera
PA_Legam
SHORT JUSTIFICATION
As a preliminary remark, the rapporteur welcomes the European Union's growing awareness of the need for Member States to have tools enabling them, on the one hand, to ensure optimum attractiveness to foreign investment and, on the other hand, to control, as far as possible, the risks in terms of economic security in the most strategic sectors. The rapporteur therefore calls on the Member States to take full advantage of the opportunities offered by these tools.
In this respect, she welcomes this proposal for a regulation revising the current framework for the screening of foreign investment in the EU and shares its general objective of improving the protection of security and public order through the introduction of strengthened mechanisms. She therefore agrees with the provisions aimed at establishing a screening mechanism in all Member States, and shares the need to establish a minimum sectoral scope of application. To this end, she supports the objective of greater harmonisation of screening mechanisms, while ensuring that Member States retain the ability to prioritise the sectors covered.
The rapporteur particularly endorses the clarifications made to the scope of application, which now covers foreign investments made through EU subsidiaries controlled by non-EU investors. She considers this clarification a welcome addition at EU level and consistent, given that most existing foreign investment control regimes in the Union already cover these types of investments by EU entities controlled directly or indirectly by non-EU investors.
To ensure that this proposal for a regulation achieves its objectives of greater efficiency in the screening of foreign investments, in the exchange of information and in cooperation between Member States—and in view of the experience gained since the existing framework was established, which has demonstrated a certain quality in both the screening mechanism and the notification mechanism—the rapporteur considers it necessary to introduce a number of amendments, with due respect for the ITRE Committee's competences, aimed in particular at:
Maintaining some flexibility for the Member States: The rapporteur considers it essential to guarantee the best conditions for cooperation between Member States and to ensure their full sovereignty, in particular on the following points: the assessment of the sectors to be covered by the common minimum sectoral scope; the appropriateness of the screening decision, including consideration of all circumstances surrounding the foreign investment; the assessment of the likely negative impact of a foreign investment; and the choice of encrypted and secure means of communication for notification and exchanges between Member States;
Strengthening the monitoring of compliance with the mitigating measures in a screening decision: The rapporteur seeks to specify the measures that may be taken—without prejudice to other administrative, financial, or criminal provisions under national law—by the Member State that has issued a screening decision with mitigating measures, where the foreign investment does not comply with those measures;
Giving the Commission a more appropriate role: The rapporteur considers that, in the interest of the effectiveness of the notification mechanism and smooth cooperation between Member States, it is appropriate to ensure that the role assigned to the European Commission remains proportionate to its administrative and financial capacities. Given that, the Member States submit annual reports to the Commission on the activities they have carried out under their screening mechanism and under the cooperation mechanism, the rapporteur deems it appropriate to make the notification obligations to the Commission under the mechanism more flexible.
Guaranteeing legal certainty: The rapporteur considers that the stability of the legal framework is essential, particularly when it comes to investments covered by the minimum sectoral scope. In this respect, she wishes to delete the article relating to the delegation of power to the Commission.
AMENDMENTS
The Committee on Industry, Research and Energy submits the following to the Committee on International Trade, as the committee responsible:
Amendment 1
Proposal for a regulation
Recital 23
Text proposed by the Commission
Amendment
(23) To ensure that the likely effect of a foreign investment on the security or public order of more than one Member States or the Union as a whole is adequately identified, it should be possible for the Commission to issue an opinion within the meaning of Article 288 TFEU to the Member State in which the foreign investment is planned or has been completed, even if that foreign investment is not undergoing screening in that Member State or if that foreign investment is screened but not notified to the cooperation mechanism.
(23) To ensure that the undeniably negative effect of a foreign investment on the security or public order of more than one Member States, or the Union as a whole is adequately identified, it may be possible for the Commission to issue, as promptly as possible, a duly motivated opinion within the meaning of Article 288 TFEU to the Member State in which the foreign investment is planned or has been completed, even if that foreign investment is not undergoing screening in that Member State or if that foreign investment is screened but not notified to the cooperation mechanism.
Or. en
Amendment 2
Proposal for a regulation
Recital 24
Text proposed by the Commission
Amendment
(24) Furthermore, to allow the protection of security or public order where the likely effect emanates from a foreign investment into a Union target that provides for the development, maintenance or acquisition of infrastructure, technologies or inputs, which are critical for the Union as a whole, the Commission should be allowed to issue an opinion. This would give the Commission a tool to protect projects and programmes which serve the Union as a whole and represent an important contribution to the Union’s security or public order. A Commission opinion identifying the likely impact on projects or programmes of Union interest on the grounds of security or public order should be notified to all Member States.
(24) Furthermore, to allow the protection of security or public order where the undeniably negative effect emanates from a foreign investment into a Union target that provides for the development, maintenance or acquisition of infrastructure, technologies or inputs, which are critical for the Union as a whole, the Commission may be allowed to issue a duly motivated opinion. A duly motivated Commission opinion identifying undeniably negative impact on projects or programmes of Union interest on the grounds of security or public order should be notified to all Member States.
Or. en
Amendment 3
Proposal for a regulation
Recital 25
Text proposed by the Commission
Amendment
(25) Furthermore, it should be possible for the Commission to adopt an opinion addressed to all Member States if it identifies several foreign investments that, taken together, are likely to impact the security or public order of the Union. This could notably be the case where several foreign investments present comparable characteristics. These include where the foreign investments are made by the same foreign investor, or foreign investors presenting similar risks, or where several foreign investments concern the same target or the same infrastructure, including trans-European infrastructure for transport, energy and communication. Member States and the Commission should discuss the risk analysis and the possible ways to address the risks identified in the opinion.
(25) Furthermore, it may be possible for the Commission to adopt a duly motivated opinion addressed to all Member States if it identifies several foreign investments that, taken together, are likely to have an undeniably negative impact on the security or public order of the Union. This could notably be the case where several foreign investments present comparable characteristics. These include where the foreign investments are made by the same foreign investor, or foreign investors presenting similar risks, or where several foreign investments concern the same target or the same infrastructure, including trans-European infrastructure for transport, energy and communication. Member States may discuss the risk analysis and the possible ways to address the risks identified in the duly motivated opinion of the Commission.
Or. en
Amendment 4
Proposal for a regulation
Recital 27
Text proposed by the Commission
Amendment
(27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These should include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, including those that receive funding from the Union.
(27) For greater clarity, the list of projects or programmes of Union interest should be listed in Annex I. These may include any foreign investments undertaken on the trans-European networks for transport, energy and communication, as well as programmes providing funding for research and development for activities relevant for the security or public order of the Union. Due to the importance of these projects and programmes for the security and public order of the Union, Member States may screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, including those that receive funding from the Union.
Or. en
Amendment 5
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 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 an impact on security and public order in one or more Member States or on the Union as a whole. In that regard, Member States may 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 may 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 6
Proposal for a regulation
Recital 36
Text proposed by the Commission
Amendment
(36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, taking into utmost consideration the comments issued by other Member States and the opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order.
(36) Where the Member State where the foreign investment is planned or completed considers that a foreign investment is likely to negatively affect security or public order in the Union, it is appropriate to require that Member State to take appropriate measures to mitigate the risks, where such measures are available, and it considers them adequate, reasonably considering the comments issued by other Member States and the duly motivated opinion issued by the Commission, if applicable. Foreign investments should be prohibited only on an exceptional basis, and where mitigating measures or measures available under Union or national law other than the screening mechanism are not sufficient to mitigate the effect on security or public order or that the mitigating measures are not complied with.
Or. en
Amendment 7
Proposal for a regulation
Recital 49
Text proposed by the Commission
Amendment
(49) In order to take into account developments relating to projects or programmes of Union interest and to adapt 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, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to the Annexes to this Regulation. The list of projects and programmes of Union interest set out in Annex I should cover projects or programmes covered by EU law which provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs which are essential for security or public order. 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 set out in Annex II should include areas where a foreign investment may affect security or public order in more than one Member State or in the Union as a whole through an Union target, which does not participate in or receive funds from a project or programme of Union interest. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making16 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
deleted
__________________
16 OJ L 123, 12.5.2016, p. 1.
Or. en
Amendment 8
Proposal for a regulation
Article 3 – paragraph 2
Text proposed by the Commission
Amendment
2. Member States shall ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
2. Member States shall aim to ensure that the screening mechanism referred to in paragraph 1 applies at least to investments subject to an authorisation requirement pursuant to Article 4(4).
Or. en
Amendment 9
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Text proposed by the Commission
Amendment
4. Member States shall ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target established in their territory:
4. Member States shall aim to ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target established in their territory:
Or. en
Amendment 10
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 in a secure and encrypted manner to ensure the strict confidentiality of the information communicated. The Commission may issue such an opinion if:
Or. en
Amendment 11
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b – paragraph 1
Text proposed by the Commission
Amendment
it considers that such a foreign investment is likely to negatively affect projects or programmes of Union interest on grounds of security or public order;
it considers that such a foreign investment has an undeniably negative impact on projects or programmes of Union interest on grounds of security or public order;
Or. en
Amendment 12
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 in a secure and encrypted manner to ensure the strict confidentiality of the information communicated.
Or. en
Amendment 13
Proposal for a regulation
Article 7 – paragraph 5
Text proposed by the Commission
Amendment
5. Where a Member State where the foreign investment is planned or completed receives a comment from another Member State pursuant to paragraph 1 or an opinion from the Commission pursuant to paragraph 2 or 3, it shall give utmost consideration to such a comment or opinion.
5. Where a Member State where the foreign investment is planned or completed receives a comment from another Member State pursuant to paragraph 1 or an opinion from the Commission pursuant to paragraph 2 or 3, it shall give reasonable consideration to such a comment or opinion.
Or. en
Amendment 14
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 15
Proposal for a regulation
Article 7 – paragraph 8 – point a
Text proposed by the Commission
Amendment
(a) notify its screening decision to the respective Member States and to the Commission via the secure and encrypted system referred to in Article 12(4) no later than 3 calendar days after it was sent to the respective parties to the foreign investment;
(a) notify its screening decision to the respective Member States in a secure and encrypted manner, to ensure the strict confidentiality of the information communicated, no later than 3 calendar days after it was sent to the respective parties to the foreign investment, and may notify the Commission, under the same confidentiality conditions, of the screening decision;
Or. en
Amendment 16
Proposal for a regulation
Article 7 – paragraph 8 – point b – introductory part
Text proposed by the Commission
Amendment
(b) provide a written explanation to the respective Member States and the Commission via the secure and encrypted system referred to in Article 12(4) no later than 7 calendar days after the screening decision was notified pursuant to paragraph (a) on:
(b) provide a written explanation to the respective Member States in a secure and encrypted manner, to ensure the strict confidentiality of the information communicated, no later than 7 calendar days after the screening decision was notified pursuant to paragraph (a) and may notify the Commission, under the same confidentiality conditions, of the screening decision.
Or. en
Amendment 17
Proposal for a regulation
Article 7 – paragraph 8 – point b – point i
Text proposed by the Commission
Amendment
(i) the extent to which it gave the Member States’ comments or the Commission opinion utmost consideration; or
deleted
Or. en
Amendment 18
Proposal for a regulation
Article 7 – paragraph 8 – point b – point ii
Text proposed by the Commission
Amendment
(ii) the reason for its disagreement with the Member States’ comments or the Commission opinion.
deleted
Or. en
Amendment 19
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 the Member States indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give reasonable consideration to their comments provided pursuant to paragraph 1, they may ask the Member State where the investment is planned or completed for an explanation, in a secure and encrypted manner to ensure the strict confidentiality of the information communicated, on the obstacles encountered or the reasons for disagreement and shall to the extent possible identify solutions, should a similar situation arise in the future. Where the screening decision concerns a multi-country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be consulted. The Commission may be informed of the outcome of the consultations.
Or. en
Amendment 20
Proposal for a regulation
Article 8 – paragraph 2
Text proposed by the Commission
Amendment
2. When reserving their right to issue comments or an opinion, Member States and the Commission may request additional information from the notifying Member State. Any request for additional information shall be duly justified, limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request and not unduly burdensome for the notifying Member State. Where a Member State requests additional information from the notifying Member State, it shall send such requests to the Commission simultaneously.
2. When reserving their right to issue comments, Member States may request additional information from the notifying Member State. Any request for additional information shall be duly justified, strictly limited to the information necessary for the Member States to provide comments, proportionate to the purpose of the request, and not burdensome for the notifying Member State. Where a Member State requests additional information from the notifying Member State, it may send such requests to the Commission simultaneously.
Or. en
Amendment 21
Proposal for a regulation
Article 9 – paragraph 3
Text proposed by the Commission
Amendment
3. The Commission may open an own initiative procedure when it considers that a foreign investment in the territory of a Member State which has not been notified to the cooperation mechanism falls under Article 7(2). Before opening the procedure, the Commission shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.
3. The Commission may issue a duly motivated opinion 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 issuing this duly motivated opinion, the Commission shall check that the Member State where the investment is planned or completed does not intend to notify the foreign investment to the cooperation mechanism.
Or. en
Amendment 22
Proposal for a regulation
Article 9 – paragraph 4
Text proposed by the Commission
Amendment
4. The Commission shall be granted at least 15 months, after the foreign investment has been completed, to open the procedure set out in paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
4. The Commission shall be granted the right to issue a duly motivated opinion, as promptly as possible, and no later than 15 months, after the foreign investment has been completed, in accordance with paragraph 3, provided the respective foreign investment has not been notified to the cooperation mechanism in the meantime.
Or. en
Amendment 23
Proposal for a regulation
Article 9 – paragraph 5
Text proposed by the Commission
Amendment
5. The Member States or the Commission shall open the own initiative procedure set out in paragraph 1 and 3 respectively by sending a duly motivated request for information via the secure and encrypted system referred to in Article 12(4) to the Member State where the foreign investment is planned or has been completed. Any request for information pursuant to this paragraph shall be duly justified, limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request and not unduly burdensome for the notifying Member State. Where the request for information is submitted by a Member State, that Member State shall send the request to the Commission simultaneously.
5. The Member States in accordance with paragraph 1, and where applicable, the Commission, in accordance with paragraph 3, shall open their own initiative procedure by sending a duly motivated request for information, in a secure and encrypted manner to ensure the strict confidentiality of the information communicated, 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, strictly limited to the information necessary for the Member States to provide comments or for the Commission to issue an opinion, proportionate to the purpose of the request and not burdensome for the notifying Member State. Where the request for information is submitted by a Member State, that Member State may notify the Commission simultaneously, under the same confidentiality conditions.
Or. en
Amendment 24
Proposal for a regulation
Article 9 – paragraph 7 – introductory part
Text proposed by the Commission
Amendment
7. Following receipt of information referred to in paragraph 6, Member States may provide comments and the Commission may provide an opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modifications:
7. Following receipt of information referred to in paragraph 6, Member States may provide new comments and the Commission may provide a new duly motivated opinion to the Member State where the foreign investment is planned or has been completed. The rules and procedures laid down in Article 7 and 8 shall apply mutatis mutandis, subject to the following modification:
Or. en
Amendment 25
Proposal for a regulation
Article 9 – paragraph 7 – point a
Text proposed by the Commission
Amendment
(a) the comments by Member States or the opinion by the Commission shall be sent no later than 35 calendar days following receipt of the complete information requested pursuant to paragraph 5.
(a) the comments by Member States or the duly motivated opinion by the Commission shall be sent no later than 35 calendar days following receipt of the complete information requested pursuant to paragraph 5.
Or. en
Amendment 26
Proposal for a regulation
Article 9 – paragraph 7 – point b
Text proposed by the Commission
Amendment
(b) for procedures initiated pursuant to paragraph 1, the Commission shall have 15 additional calendar days to issue an opinion after the deadline for the Member State set out in point (a) of this paragraph have expired.
deleted
Or. en
Amendment 27
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 may determine, for the purpose of issuing a duly motivated opinion pursuant to Article 7(2) or (3) or Article 9(7), whether it considers a foreign investment to have an undeniably negative impact on security or public order.
Or. en
Amendment 28
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall in particular consider whether the investment concerned is likely to negatively affect:
3. When determining whether an investment is likely to negatively affect security or public order, the Member States may in particular consider whether the investment concerned is likely to negatively affect:
Or. en
Amendment 29
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or an opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Where, taking into account the criteria laid down in Article 13 and, where applicable, in the light of comments provided by other Member States pursuant to Article 7(1) or Article 9(7), or a duly motivated opinion provided by the Commission pursuant to Article 7(2) or (3) or Article 9(7), the Member State in which the foreign investment is planned or completed concludes that the foreign investment is likely to negatively affect security or public order in one or more Member States, including where a project or programme of Union interest is concerned, it shall issue a screening decision to:
Or. en
Amendment 30
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment.
The screening decision shall comply with the principle of proportionality and may take into consideration all circumstances of the foreign investment.
Or. en
Amendment 31
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission
Amendment
When the foreign investment does not comply with the mitigating measures provided in a screening decision, the Member State may, without prejudice to other administrative, financial, or criminal provisions provided for by its national law:
Or. en
Amendment 32
Proposal for a regulation
Article 14 – paragraph 1 – point a (new)
Text proposed by the Commission
Amendment
(a) withdraw the authorisation granted to a foreign investment;
Or. en
Amendment 33
Proposal for a regulation
Article 14 – paragraph 1 – point b (new)
Text proposed by the Commission
Amendment
(b) add additional mitigating measures;
Or. en
Amendment 34
Proposal for a regulation
Article 14 – paragraph 1 – point c (new)
Text proposed by the Commission
Amendment
(c) impose a financial sanction;
Or. en
Amendment 35
Proposal for a regulation
Article 14 – paragraph 1 – point d (new)
Text proposed by the Commission
Amendment
(d) impose a periodic penalty payment until the mitigating measures are complied with.
Or. en
Amendment 36
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. When the Member State in which the foreign investment is planned or completed decides to withdraw an investment authorisation that has not complied with the mitigating measures, or to impose sanctions aimed at enforcing the specified mitigating measures in accordance with this paragraph, it shall notify the Member States that submitted observations on this foreign investment within a reasonable timeframe.
Or. en
Amendment 37
Proposal for a regulation
Article 19
Text proposed by the Commission
Amendment
Article 19
deleted
Delegated acts
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 for the purposes of amending, where necessary, the list of projects or programmes of Union interest set out in Annex I to take account of the adoption and amendment of Union law relating to projects or programmes of Union interest relevant to security or public order.
2. The Commission is empowered to adopt delegated acts in accordance with Article 20 for the purposes of amending, where necessary, the list technologies, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union set out in Annex II to take account of changes in the circumstances relevant to the security or public order interests of the Union. In particular, these considerations shall include the following:
(a) the resilience of supply chains of particular importance for the security or public order interests of the Union;
(b) the resilience of infrastructures of particular importance for the security or public order interests of the Union;
(c) the advancement of technologies of particular importance for security or public order of the Union;
(d) the emergence of vulnerabilities in relation to access to or other forms of processing of sensitive information, including personal data to the extent they are likely to negatively affect the security or public order interests of the Union; and
(e) the emergence of a geopolitical situation of particular importance for security or public order of the Union.
Or. en
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion declares that she received input from the following entities or persons in the preparation of the draft opinion:
Entity and/or person
European Commission DG TRADE - Technology and Security, FDI Screening (TRADE F.4)
The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that she has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.