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

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

TRAN-PA-765308

Committee on Transport and Tourism · Rapporteur: Markus Ferber

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This draft opinion proposes amendments to the proposed regulation on screening foreign investments, focusing on protecting TEN-T and CEF infrastructure from investments pursuing third-country policy objectives. It obliges Member States and the Commission to consider the geopolitical situation, the cross-border nature of TEN-T, influence by third-country individuals, and to publish non-classified summaries of Commission opinions.

Committee position. The rapporteur proposes amendments to strengthen screening of foreign investments, particularly in transport infrastructure, by making notification mandatory, considering geopolitical factors, and increasing transparency.

Key points

  1. Member States shall notify foreign investments that could be of interest to other Member States or the Commission, even if not meeting the conditions of paragraphs 1 and 2.
  2. Member States and the Commission must consider the geopolitical situation when assessing risks to security or public order.
  3. The Commission must prepare and make public a non-classified summary of its opinions when they contain classified information.
  4. The expedited procedure for screening decisions shall not be invoked to serve purely or mainly commercial interests.
  5. Screening criteria include whether the investor is likely to pursue a third country's or its citizen's policy objectives, facilitate military capabilities, or asymmetrically strengthen a third country's position.
  6. The list of projects of Union interest includes trans-European networks for transport, energy, and communication, and Member States should screen investments into these networks or participating undertakings.

Who is affected

  • Member States and the Commission, which must apply new screening criteria and publish summaries.
  • Foreign investors in TEN-T and CEF infrastructure, who face stricter scrutiny.