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 Transport and Tourism · Rapporteur: Markus Ferber
PA_Legam
SHORT JUSTIFICATION
Your Rapporteur for opinion shares the general intention of the European Commission to strengthen the screening of foreign investments in the Union. From the Committee for Transport and Tourism’s (TRAN) perspective, he considers it is of crucial importance that the infrastructure of the Trans-European Network for Transport (TEN-T) and the Connecting Europe Facility (CEF) are protected against investments that have the aim or the potential of pursuing a third country’s policy objective.
Your Rapporteur for opinion considers recent cases of European port infrastructure being entirely or partially sold to Chinese or Russian investors a risk to public order and security that could potentially have been prevented if a stronger European framework, setting common conditions for the screening of such investments, had been in place.
Your Rapporteur for opinion therefore proposes in particular:
to oblige Member States and the Commission to more explicitly take into account the geopolitical situation, when determining whether an investment is likely to negatively affect security or public order;
to take full account of the cross-border and network character of TEN-T infrastructure, where each piece of infrastructure is needed for the functioning of the European network as a whole, which makes it evident that there cannot be fundamental differences of appreciation;
to include the potential risk of influence exerted by third country individuals to security and public order, as seen in another field with the recent takeover of Twitter/X;
to oblige and enable the Commission to publish a non-classified summary of its opinions when assessing a risk of a foreign investment to the security or public order of more than one Member State. The current situation, where the Commission writes in-depth opinions, but neither their nature (yes/no) nor the broad factual elements that have led to this conclusion are known to the general public, cannot continue.
Your rapporteur for opinion considers that Europe should be a place that is both open to foreign direct investments and the resulting opportunities for our businesses and citizens. However, it should not be naive, when it comes to the influence of autocratic third countries in particular. This should be the main message of TRAN, reflected by the amendments put forward in this opinion in the areas of its competence.
AMENDMENTS
The Committee on Transport and Tourism submits the following to the Committee on International Trade, as the committee responsible:
Amendment 1
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 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. Such an approach effectively prevents and addresses the serious risks to public order and security in the Union, while safeguarding the open investment environment of the Union, which is enshrined in the Treaty on the Functioning of the European Union (TFEU) and is crucial for Europe's competitiveness, security and wellbeing. 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.
Amendment 2
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 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 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.
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 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, which are vital for the proper functioning of European economies and societies and for ensuring European strategic autonomy. Member States and the Commission should discuss the risk analysis and the possible ways to address the risks identified in the opinion.
Amendment 4
Proposal for a regulation
Recital 26 a (new)
Text proposed by the Commission
Amendment
(26a) To avoid unnecessarily prolonged periods of uncertainty for investors and EU stakeholders, it is important to urge national screening authorities to finalize their screening procedures and decisions within 180 calendar days of receiving the request for authorisation for foreign investments.
Amendment 5
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 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, and due to their inherent cross-border nature and network character, which implies that the functioning of each individual piece of infrastructure in each individual Member State is essential for the functioning and connectivity of the European network as a whole, Member States should screen foreign investments undertaken into those networks or into Union undertakings that are part of or participating in these projects or programmes, including those that receive funding from the Union.
Amendment 6
Proposal for a regulation
Recital 31 a (new)
Text proposed by the Commission
Amendment
(31a) Without prejudice to the cooperation mechanism, there is a need to raise awareness of the participation or contribution of undertakings from third countries in projects of common interest or in critical infrastructure which is strategic for the Union, in order to allow for intervention by public authorities if such participation or contribution is likely to affect security or public order in the Union and does not fall within the scope of this Regulation. Member States may make observations to other Member States as well as to the Commission. Where appropriate, the Commission may request additional information and follow up the situation.
Amendment 7
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 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, and the current geopolitical situation. This should include, in particular, whether an investor is controlled directly or indirectly, for example through significant funding, by the government or an individual 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.
Amendment 8
Proposal for a regulation
Recital 41 a (new)
Text proposed by the Commission
Amendment
(41a) While the confidentiality of most sensitive information should be ensured, the interest of the general public to be informed of at least the essence (yes/no) of the Commission’s opinion pursuant to Article 7 and the main lines of reasoning that have led to this opinion, should also be respected. The Commission should therefore prepare a non-classified summary of its opinion and make it publicly available.
Amendment 9
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.
(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. The Commission should in particular update Annex I in case of new Multiannual Financial Frameworks implying changes to the projects and programmes 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-Making 16 . 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.
__________________
__________________
16 OJ L 123, 12.5.2016, p. 1.
16 OJ L 123, 12.5.2016, p. 1.
Amendment 10
Proposal for a regulation
Article 3 – paragraph 1
Text proposed by the Commission
Amendment
1. Member States shall establish a screening mechanism in accordance with this Regulation.
1. Member States shall without delay establish a screening mechanism in accordance with this Regulation.
Amendment 11
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Text proposed by the Commission
Amendment
(ba) the screening authority shall finalize its screening procedure and decision within 180 calendar days of receiving the request for authorisation for foreign investments;
Amendment 12
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 ensure that their screening mechanisms impose an authorisation requirement for foreign investments where the Union target is established or is to be established in their territory:
Amendment 13
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in a Union target established in their territory that:
1. Member States shall notify the Commission and the other Member States through the cooperation mechanism of any foreign investment in a Union target that is established or is to be established in their territory that:
Amendment 14
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 a Union target that is established or is to be established in their territory where they initiate an in-depth investigation under their screening procedures. Furthermore, Member States shall notify the Commission and the other Member States of any foreign investment in a Union target that is established or is to be 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.
Amendment 15
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Text proposed by the Commission
Amendment
Member States may notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Member States shall notify any foreign investment that do not meet the conditions set out in paragraphs 1 and 2 if the Member State where the Union target is established or is to be established considers that a foreign investment could be of interest to the other Member States and the Commission from a security or public order perspective, including where the Union target has significant operations in other Member States, or belongs to a corporate group that has several companies in different Member States which are economically active in one of the areas listed in Annex II.
Amendment 16
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – point a
Text proposed by the Commission
Amendment
(a) considers that a foreign investment is likely to negatively affect its security or public order; or
(a) considers that a foreign investment in its territory is likely to negatively affect its or the Union's security or public order; or
Amendment 17
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The Commission may issue a duly motivated opinion addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4). The Commission may issue such an opinion if:
The Commission may issue a duly motivated opinion addressed to the notifying Member State via the secure and encrypted system referred to in Article 12(4). The Commission shall issue such an opinion if:
Amendment 18
Proposal for a regulation
Article 7 – paragraph 3
Text proposed by the Commission
Amendment
3. The Commission may issue a duly motivated opinion addressed to all Member States if it considers that several foreign investments or other similar investments if they were to be made, taken together, and having regard to their characteristics could affect the security or public order of the Union. After a Commission opinion is issued, the Commission may, as appropriate, discuss with Member States how to address the identified risks.
3. The Commission shall issue a duly motivated opinion addressed to all Member States if it considers that a foreign investment or several similar investments if they were to be made, taken together, and having regard to their characteristics could affect the security or public order of the Union. After a Commission opinion is issued, the Commission shall, as appropriate, discuss with Member States how to address the identified risks and shall monitor the implementation of any actions taken.
Amendment 19
Proposal for a regulation
Article 7 – paragraph 11
Text proposed by the Commission
Amendment
11. When issuing comments or an opinion pursuant to this Article, the Member States, and the Commission, as the case may be, shall consider whether such comments or opinion should be classified information and what level of classification should apply thereto, in accordance with Union and the respective national law on classified information.
11. When issuing comments or an opinion pursuant to this Article, the Member States, and the Commission, as the case may be, shall consider whether and which parts of such comments or opinion should be classified information and what level of classification should apply thereto, in accordance with Union and the respective national law on classified information.
Amendment 20
Proposal for a regulation
Article 7 – paragraph 11 a (new)
Text proposed by the Commission
Amendment
11a. When an opinion issued by the Commission pursuant to this Article contains classified information, the Commission shall prepare a non-classified summary and make it available to the general public.
Amendment 21
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 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 or mainly the commercial interests of the applicant requesting the authorisation.
Amendment 22
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.
4. The Commission shall provide a secure and encrypted system, based on European technologies, to support the exchange of information between the contact points.
Amendment 23
Proposal for a regulation
Article 13 – paragraph 1
Text proposed by the Commission
Amendment
1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly motivated comment pursuant to Article 7(1) or Article 9(7), whether a foreign investment is likely to negatively affect security or public order.
1. Member States shall determine, for the purposes of taking a screening decision pursuant to Article 14 or issuing a duly motivated comment pursuant to Article 7(1) or Article 9(7), whether a foreign investment is likely to negatively affect security or public order. This shall be done efficiently within a reasonable period of time in order to avoid uncertainty for the investor and the investment receiver.
Amendment 24
Proposal for a regulation
Article 13 – paragraph 4 – point e
Text proposed by the Commission
Amendment
(e) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor is likely to pursue a third country’s policy objectives, or facilitate the development of a third country’s military capabilities.
(e) whether the foreign investor, a natural person or entity controlling the foreign investor, the beneficial owner of the foreign investor, any of the subsidiaries of the foreign investor, or any other party owned or controlled by, or acting on behalf or at the direction of the foreign investor is likely to pursue a third country’s or a third country's citizen’s policy objectives, or facilitate the development of a third country’s military capabilities, or asymmetrically strengthen a third country’s position vis-à-vis a Member State, several Member States or the Union as a whole.
Amendment 25
Proposal for a regulation
Article 13 – paragraph 4 – point e a (new)
Text proposed by the Commission
Amendment
(ea) whether the existence of a geopolitical situation of particular importance for the security or public order of the Union has to be taken into account.
Amendment 26
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 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 as efficiently and swiftly as possible within a reasonable timeframe to:
Amendment 27
Proposal for a regulation
Article 19 – paragraph 2 – point e
Text proposed by the Commission
Amendment
(e) the emergence of a geopolitical situation of particular importance for security or public order of the Union.
(e) the emergence of a new geopolitical situation of particular importance for security or public order of the Union.
Amendment 28
Proposal for a regulation
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
It shall apply from [date: 15 months after entry into force].
It shall apply from [date: 12 months after entry into force].
Amendment 29
Proposal for a regulation
Annex I – point 7 – paragraph 2
Text proposed by the Commission
Amendment
Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/1315/oj).
All transport infrastructure and services under the scope of Regulation (EU) 2024/1679 of the European Parliament and of the Council of 13 June 2024 on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (Text with EEA relevance).
Amendment 30
Proposal for a regulation
Annex II – point 3 – point e a (new)
Text proposed by the Commission
Amendment
ea. Transport industries, technologies and infrastructure components of critical importance:
- Aerospace manufacturing industry, including the production, maintenance and operation of aircraft, as well as their engines, propellers, parts, non-installed equipment and equipment1a
- Maritime technology industry, including, production, maintenance and conversion of all types of ships1b and equipment1c
- Rail industry, including all aspects of design, manufacturing, maintenance and refurbishment of rail transport systems, subsystems and related equipment1d
- Automotive industry, including automotive suppliers, 1e refuelling infrastructure, including electric charging infrastructure1f and intelligent transport systems (ITS) 1g
__________________
1a Article 2.1 (a) (b) 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 (Text with EEA relevance.)
1b Article 12 (a, b, c) Framework of State Aid to Shipbuilding O2011/C 364/06)
1c Article 2 (1) Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC Text with EEA relevance
1d Annex II Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast)
1e Industries responsible for the production of all categories of self-propelled road-vehicles (including passenger cars, buses, motor cycles, vans, trucks), together with their equipment and parts, falling inter alia under Chapters 40, 84, 85, 87, 90 and 94 of the Harmonised System Nomenclature issued by the World Custom Organisation (HS 2017)
1f Article 2 (17) (21) (48) (49) (50) (51) (52) (53) (56) (59) of Regulation (EU) 2023/1804 of the European Parliament and of the Council of 13 September 2023 on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU
1g Article 4 (1)of Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport
Amendment 31
Proposal for a regulation
Annex II – point 3 – point g – introductory part
Text proposed by the Commission
Amendment
g. Space & propulsion technologies:
g. Space, propulsion and transport technologies:
Amendment 32
Proposal for a regulation
Annex II – point 3 – point g – indent 5
Text proposed by the Commission
Amendment
– Propulsion technologies, including hypersonics and components for military use
– Propulsion technologies, including hypersonics and components for military use and electric propulsion technologies
Amendment 33
Proposal for a regulation
Annex II – point 3 – point g – indent 5 a (new)
Text proposed by the Commission
Amendment
– Operational technologies for all transport modes, such as signalling systems, traffic management systems and safety related technologies
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 received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:
Entity and/or person
Insurance Europe
German Federal Ministry of Finance
Committee of the Regions
European Commission
American Chamber of Commerce to the European Union
European Sea Ports Organisation
GE Aerospace
Airbus SAS
UNIFE – The European Rail Supply Industry Association
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 he 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.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title
The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council
References
COM(2024)0023 – C9-0011/2024 – 2024/0017(COD)
Committee(s) responsible
INTA
Opinion by
Date announced in plenary
TRAN
25.4.2024
Rapporteur for the opinion
Date appointed
Markus Ferber
16.9.2024
Date adopted
29.1.2025
Result of final vote
+:
–:
0:
37
4
1
Members present for the final vote
Oihane Agirregoitia Martínez, Daniel Attard, Tom Berendsen, Rachel Blom, Nikolina Brnjac, Nina Carberry, Benoit Cassart, Carlo Ciccioli, Anna Maria Cisint, Vivien Costanzo, Johan Danielsson, Valérie Devaux, Siegbert Frank Droese, Gheorghe Falcă, Jens Gieseke, Borja Giménez Larraz, Sérgio Gonçalves, Roman Haider, Sérgio Humberto, Dariusz Joński, François Kalfon, Martine Kemp, Sophia Kircher, Luis-Vicențiu Lazarus, Julien Leonardelli, Vicent Marzà Ibáñez, Alexandra Mehnert, Ştefan Muşoiu, Jan-Christoph Oetjen, Philippe Olivier, Matteo Ricci, Rosa Serrano Sierra, Stanislav Stoyanov, Kai Tegethoff, Elissavet Vozemberg-Vrionidi, Kosma Złotowski
Substitutes present for the final vote
Alberico Gambino, Jutta Paulus, Dario Tamburrano, Kris Van Dijck, Ana Vasconcelos
Members under Rule 216(7) present for the final vote
Elisabeth Grossmann
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key to symbols: