Screening of foreign investments in the Union

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 1
   Current text

   (1) Investments in the Union contribute to its growth by improving its competitiveness, creating jobs and economies of scale, and bringing in capital, technologies, innovation and expertise.

   Amendment

   (1) The Union welcomes foreign investments as they contribute to its growth by improving its competitiveness, creating jobs and economies of scale, and bringing in capital, technologies, innovation and expertise.

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2. Amendment 2Proposal for a regulation · Recital 3
   Current text

   (3) However, under international commitments made in the World Trade Organization (WTO), the Organisation for Economic Cooperation and Development (OECD), and the trade and investment agreements concluded with third countries, it is possible for the Union and Members States to restrict foreign direct investments (FDIs) on the grounds of security or public order, subject to certain requirements.

   Amendment

   (3) However, Article 21(2) TEU states that the Union's policies and actions aim to safeguard its values, fundamental interests, security, independence, and integrity. Those principles and objectives underpin the Union's common commercial policy, as set out in Article 207 TFEU including in relation to foreign investment. Within that context, international commitments made in the World Trade Organization (WTO), the Organisation for Economic Cooperation and Development (OECD), and the trade and investment agreements concluded with third countries, allow the Union and Member States to restrict foreign direct investments (FDIs) on the grounds of security or public order, subject to certain requir…

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3. Amendment 3Proposal for a regulation · Recital 4
   Current text

   (4) In accordance with Regulation (EU) 2019/452 of the European Parliament and of the Council4 a framework has been set up for screening FDIs into the Union by Member States. In particular, that Regulation has set out a cooperation mechanism enabling Member States and the Commission to exchange information on FDIs and raise concerns about risks to security or public order. That cooperation mechanism required the Member State where the FDI was planned or completed to give due consideration to the comments issued by other Member States and the opinion issued by the Commission in its screening decision. __________________ 4 Regulation (EU) 2019/452 of the European Parliament and of the Council…

   Amendment

   (4) In accordance with Regulation (EU) 2019/452 of the European Parliament and of the Council4 a framework has been set up for screening FDIs into the Union by Member States. In particular, that Regulation has set out a cooperation mechanism enabling Member States and the Commission to exchange information on FDIs and raise concerns about risks to security or public order. That cooperation mechanism required the Member State where the FDI was planned or completed (host Member State) to give due consideration to the comments issued by other Member States and the opinion issued by the Commission in its screening decision. __________________ 4 Regulation (EU) 2019/452 of the European Parliament…

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4. Amendment 4Proposal for a regulation · Recital 6 a (new)
   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 led to the emergence of new risks that need to be addressed by the Union and the Member States. 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 FDI screening as a tool to protect the Union against economic security risks. The strategy underscores the need to address risks associated with the resilience of supply chains, physical and cyber security of critical infrastr…

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5. Amendment 5Proposal for a regulation · Recital 7 a (new)
   Amendment

   (7a) Acquisitions through resolution tools under the respective resolution frameworks (for banks, central counterparties or reinsurance or reinsurance undertakings) should be excluded from the scope of this Regulation. In resolution, time is of the essence and decisions are often made literally overnight. The in-depth screening procedures provided for in this Regulation are not in line with the need for a timely response. In order to avoid financial stability risks, resolution transactions should therefore be excluded. Resolution authorities should take into account, to the extent possible, this Regulation when performing resolution actions with the involvement of a foreign investor, in part…

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6. Amendment 6Proposal for a regulation · Recital 8
   Current text

   (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 aut…

   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 aut…

   Excerpt — full text in the official PDF.
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7. Amendment 7Proposal for a regulation · Recital 9
   Current text

   (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 t…

   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 harmonisation should also include 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, including consistent timelines for screening procedures. In addition, Member States should also be able to extend the scope of their national screening mechanism to include other types of foreign investmen…

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8. Amendment 8Proposal for a regulation · Recital 12
   Current text

   (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 incl…

   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 a functioning, o…

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9. Amendment 9Proposal for a regulation · Recital 14
   Current text

   (14) It is also necessary to make the Member State where the foreign investment is planned or completed more accountable to the Commission and to those Member States that express duly justified concerns for their public order or security or the Union’s.

   Amendment

   (14) It is also necessary to make the host Member State more accountable to the Commission and to those Member States that express duly justified concerns for their public order or security or the Union’s.

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10. Amendment 10Proposal for a regulation · Recital 15
    Current text

    (15) The common framework set out in this Regulation should be without prejudice to the sole responsibility of Member States to safeguard their national security as provided for in Article 4(2) TEU. It should also be without prejudice to the protection of their essential security interests in accordance with Article 346 TFEU.

    Amendment

    (15) The common framework set out in this Regulation should be without prejudice to the sole responsibility of each Member States to safeguard its national security as provided for in Article 4(2) TEU. It should also be without prejudice to the protection of Member States’ essential security interests in accordance with Article 346 TFEU.

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11. Amendment 11Proposal for a regulation · Recital 17
    Current text

    (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 g…

    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 for the performance of a new economic activity. 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.

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12. Amendment 12Proposal for a regulation · Recital 18
    Current text

    (18) To ensure consistent and predictable screening processes, it is appropriate to lay down the essential features of the screening mechanisms to be implemented by Member States. Those features should at least include the scope of the transactions to be subject to an authorisation requirement, deadlines for the screening and the possibility for undertakings concerned by the screening decision to seek recourse against such decisions. Rules and procedures relating to screening mechanisms should be transparent and should not discriminate between third countries.

    Amendment

    (18) To ensure consistent and predictable screening processes, it is appropriate to lay down the essential features of the screening mechanisms to be implemented by Member States. Those features should at least include the scope of the transactions to be subject to an authorisation requirement, deadlines for the screening, the possibility for undertakings concerned by the screening decision to seek recourse against such decisions and the ability of screening authorities to effectively address cases of non-compliance or circumvention. Rules and procedures relating to screening mechanisms should be transparent and should not discriminate between third countries. The procedure for the filing of…

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13. Amendment 13Proposal for a regulation · Recital 19
    Current text

    (19) The cooperation mechanism laid down in Regulation (EU) 2019/452 enables Member States to cooperate and help each other where a foreign direct investment in one Member State could affect the security or public order of other Member States or of projects or programmes of Union interest. This mechanism has proven very useful so far, hence it should be maintained and strengthened under this Regulation.

    Amendment

    (19) The cooperation mechanism laid down in Regulation (EU) 2019/452 enables Member States to cooperate and help each other where a foreign direct investment in one Member State could affect the security or public order of other Member States or of the Union, or of projects or programmes of Union interest. This mechanism has proven very useful so far, hence it should be maintained, strengthened and expanded under this Regulation to ensure a more unified approach to foreign investments across the Union.

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14. Amendment 14Proposal for a regulation · Recital 20
    Current text

    (20) To ensure that foreign investments likely to negatively affect security or public order in the Union are adequately identified, Member States should screen foreign investments where the Union target is part of or participates in a project or programme of Union interest or where the Union target’s economic activity relates to a technology, asset, facility, equipment, network, system or service of particular importance for the security or public order interests of the Union. In addition to these criteria, screening mechanisms may apply to other sectors, Union targets or economic activities that the relevant Member State considers critical for its security or public order.

    Amendment

    (20) To ensure that foreign investments likely to negatively affect security or public order in the Union are adequately identified, Member States should screen foreign investments where the Union target is part of or participates in a project or programme of Union interest or where the Union target’s economic activity relates to a technology, materials, asset, facility, equipment, network, system or service of particular importance for the security or public order interests of the Union. Member States should also screen greenfield foreign investments in such sensitive programmes or sectors when a specific risk arises from the characteristics of the investor and the size of the transaction.…

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15. Amendment 15Proposal for a regulation · Recital 21
    Current text

    (21) To ensure that the cooperation mechanism focuses only on those foreign investments where the characteristics of the foreign investor or the Union target make an effect on security or public order likely, it is appropriate to establish risk-based conditions for the notification of foreign investments undergoing screening in a Member State to the other Member States and the Commission. Where a foreign investment does not meet any of the conditions, the Member State where the foreign investment is undergoing screening may notify the foreign investment to the other Member States and the Commission, including where the Union target has significant operations in other Member States, or belong…

    Amendment

    (21) To ensure that the cooperation mechanism focuses only on those foreign investments where the characteristics of the foreign investor or the Union target make an effect on security or public order likely, it is appropriate to establish risk-based conditions for the notification of foreign investments undergoing screening in a Member State to the other Member States and the Commission. In particular, Member State should assess whether the foreign investor is controlled or influenced by a third country government. Control or influence may be determined based on criteria such as direct or indirect ownership thresholds, the nature and extent of third-country government funding and specific g…

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16. Amendment 16Proposal for a regulation · Recital 22
    Current text

    (22) To ensure that the likely effect of a foreign investments on the security or public order of one or more Member States is adequately identified, Member States should be able to provide comments to a Member State in which a foreign investment is planned or has been completed even if that Member State is not screening that foreign investment or if the foreign investment is screened but not notified to the cooperation mechanism. Requests for information, replies and comments from Member States should be notified to the Commission simultaneously.

    Amendment

    (22) To ensure that the likely effect of a foreign investments on the security or public order of one or more Member States is adequately identified, Member States should be able to provide comments to a Member State in which a foreign investment is planned or has been completed even if that Member State is not screening that foreign investment or if the foreign investment is screened but not notified to the cooperation mechanism. Requests for information, replies and comments from Member States should be notified to the Commission simultaneously to ensure transparency throughout the process.

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17. Amendment 17Proposal for a regulation · Recital 23
    Current text

    (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.

    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 host Member State 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. To ensure transparency and predictability, opinions of the Commission should be based on specific and documented risks and should follow set issuance criteria, including documented security risks or cross-border concerns.

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18. Amendment 18Proposal for a regulation · Recital 24
    Current text

    (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…

    Amendment

    (24) Furthermore, to ensure 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…

    Excerpt — full text in the official PDF.
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19. Amendment 19Proposal for a regulation · Recital 25
    Current text

    (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 a…

    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 Union target or infrastructure, including trans-European infrastructure for transport, energy and communication. Member States and the Commission should discuss the risk anal…

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20. Amendment 20Proposal for a regulation · Recital 26
    Current text

    (26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments and the Commission should have the possibility to issue an opinion on foreign investments that have been completed but not notified up to 15 months after the completion of the foreign investment.

    Amendment

    (26) To protect security or public order while providing greater certainty to investors, Member States should have the possibility to make comments and the Commission should have the possibility to issue an opinion on foreign investments that have been completed but not notified within 15 months of the completion of the foreign investment.

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21. Amendment 21Proposal for a regulation · Recital 27
    Current text

    (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.

    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 to 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 their inherent cross-border nature and network character, Member States should screen foreign investments into Union undertakings that are part of or participating in these projects or programmes, including those that r…

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22. Amendment 22Proposal for a regulation · Recital 28
    Current text

    (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 t…

    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 its draft decision, accompanied by written feedback on how the comments and the opinion have been given utmost consideration. The draft decision should remain open to amen…

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23. Amendment 23Proposal for a regulation · Recital 28 a (new)
    Amendment

    (28a) 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 a 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 and its own findi…

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24. Amendment 24Proposal for a regulation · Recital 28 b (new)
    Amendment

    (28b) 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 th…

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25. Amendment 25Proposal for a regulation · Recital 29
    Current text

    (29) To ensure the effective functioning of the cooperation mechanism, it is important to require that the Member State notifying the foreign investment to the cooperation mechanism provides a minimum level of information in a standardised format. Where the cooperation concerns a foreign investment not notified to the cooperation mechanism, the Member State where the foreign investment is planned or has been completed should be able to provide at least the same minimum level of information. The Commission and Member States may seek additional information from the Member State where the foreign investment is planned or completed. Such request for additional information should be duly justifie…

    Amendment

    (29) To ensure the effective functioning of the cooperation mechanism, it is important to require that the Member State notifying the foreign investment to the cooperation mechanism provides a minimum set of information in a standardised format. Where the cooperation concerns a foreign investment not notified to the cooperation mechanism, the host Member State should be able to provide at least the same minimum set of information. The Commission and Member States may seek additional information from the Member State where the foreign investment is planned or completed. Such request for additional information should be duly justified, limited to the information necessary for the Member States…

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26. Amendment 26Proposal for a regulation · Recital 30
    Current text

    (30) To ensure that the cooperation is based on complete and accurate information, a foreign investor or an undertaking should provide any relevant information requested by the Member State where they are established or the Member State where the foreign investment is planned or completed. In exceptional circumstances, when, despite its best efforts, a Member State is unable to obtain an information requested by another Member State or the Commission, it should notify them without delay. In such a case, any comment issued by another Member State, or any opinion issued by the Commission as part of the cooperation mechanism should be based on the information available to them.

    Amendment

    (30) To ensure that the cooperation is based on complete and accurate information, a foreign investor or an undertaking should provide any relevant information requested by the Member State where they are established or the host Member State. In exceptional circumstances, when, despite its best efforts, a Member State is unable to obtain an information requested by another Member State or the Commission, it should notify them without delay. In such a case, any comment issued by another Member State, or any opinion issued by the Commission as part of the cooperation mechanism should be based on the information available to them.

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27. Amendment 27Proposal for a regulation · Recital 31
    Current text

    (31) To ensure that the cooperation mechanism is only used for the purpose of protecting security or public order, Member States should duly justify any request for information about a specific foreign investment in another Member State and any comment they issue to that Member State. The same requirements apply when the Commission requests information about a particular foreign investment or issues an opinion to a Member State.

    Amendment

    (31) To ensure that the cooperation mechanism is used exclusively for the purpose of protecting security or public order, Member States should duly justify any request for information regarding a specific foreign investment in another Member State and any comment they issue to that Member State. This is essential for preventing misuse of the mechanism and ensuring that it is solely focused on security and public order concerns. The same requirements apply when the Commission requests information about a particular foreign investment or issues an opinion to a Member State.

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28. Amendment 28Proposal for a regulation · Recital 31 a (new)
    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.

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29. Amendment 29Proposal for a regulation · Recital 32
    Current text

    (32) Member States or the Commission, as appropriate, might consider relevant information received from economic operators, civil society organisations, social partners (such as trade unions) about a foreign investment likely to negatively affect security or public order.

    Amendment

    (32) Member States or the Commission, as appropriate, might consider relevant information received from economic operators, civil society organisations, social partners (such as trade unions) about a foreign investment likely to negatively affect security or public order. That information should be assessed thoroughly and may lead to the initiation of a screening procedure by the host Member State.

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30. Amendment 30Proposal for a regulation · Recital 33
    Current text

    (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.

    Amendment

    (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. In such cases, any extension of the assessment period should be kept to a minimum and should not unduly delay the overall screening procedure.

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31. Amendment 31Proposal for a regulation · Recital 34
    Current text

    (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 notifie…

    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 within a limited timeframe. In addition, those Member States should endeavour to notify the requests to the cooperation mechanism within a limited timeframe. To ensure an efficient handling of these multi-country transactions, the Member States concerned should coordinate and agree on whether the foreign investments are notif…

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32. Amendment 32Proposal for a regulation · Recital 34 a (new)
    Amendment

    (34a) 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 digital system that complies with the highest standards of data protection and security. To safeguard the confidentiality and integrity of communications, all exchanges under this Regulation should take place exclusively through that system, and the system should include monitoring and auditing capabilities to ensure compliance with security standards.

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33. Amendment 33Proposal for a regulation · Recital 34 b (new)
    Amendment

    (34b) 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 the Union level should be established. That portal should provide a unified mechanism for applicants and their representatives to electronically file transactions with national screening authorities. The Commission should design the system to be user-friendly and ensure that it complies with applicable data protection regulations and security standards.

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34. Amendment 34Proposal for a regulation · Recital 35
    Current text

    (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…

    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, functioning and resilience of critical infrastructure and of the internal market, the availability and uptake of critical technologies and knowledge (including key enabling technologies), 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 Stat…

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35. Amendment 35Proposal for a regulation · Recital 36
    Current text

    (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 mitiga…

    Amendment

    (36) Where the host Member State 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.

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36. Amendment 36Proposal for a regulation · Recital 37
    Current text

    (37) To support the implementation of the cooperation mechanism and to foster the exchange of good practices among Member States, the expert group on the screening of foreign investments set up pursuant to Regulation (EU) 2019/452 should be maintained.

    Amendment

    (37) To support the implementation of the cooperation mechanism and to foster the exchange of good practices among Member States, the expert group on the screening of foreign investments set up pursuant to Regulation (EU) 2019/452 should be maintained and its tasks updated in accordance with this Regulation.

    official amendment document ↗
37. Amendment 37Proposal for a regulation · Recital 37 a (new)
    Amendment

    (37a) In order to enhance transparency and facilitate the process for investors, Member States should publish and regularly update guidance on screening procedures, timelines and risk assessment criteria. In order to ensure transparency and a consistent application of this Regulation across the Member States, the Commission should publish and regularly update guidance on the requirements at Union level and key concepts and assessment criteria established by this Regulation. The Commission should also maintain a publicly available list of all screening mechanisms established by the Member States.

    official amendment document ↗
38. Amendment 38Proposal for a regulation · Recital 39
    Current text

    (39) To ensure the efficacy of the coordination mechanism, the contact points put in place by Member States and the Commission should be suitably placed in the respective administrations. The contact points should have the qualified staff and powers needed to carry out their work under the coordination mechanism and ensure a proper handling of confidential information.

    Amendment

    (39) To ensure the efficacy of the coordination mechanism, the contact points put in place by Member States and the Commission should be suitably strategically placed within the respective administrations. The contact points should have the qualified staff and powers needed to carry out their work under the coordination mechanism and ensure a proper handling of confidential information in line with applicable legal frameworks.

    official amendment document ↗
39. Amendment 39Proposal for a regulation · Recital 40
    Current text

    (40) Member States and the Commission should be encouraged to cooperate with the responsible authorities of like-minded third countries on issues related to the screening of foreign investments that could affect security or public order. Such administrative cooperation should aim to strengthen the effectiveness of the framework for screening foreign investments by Member States and the cooperation between Member States and the Commission pursuant to this Regulation. The Commission should be kept informed of such bilateral contacts to the extent that they relate to systemic issues related to investment screening. It should also be possible for the Commission to monitor developments with regar…

    Amendment

    (40) Member States and the Commission should be encouraged to actively cooperate with the responsible authorities of like-minded third countries on issues related to the screening of foreign investments that could affect security or public order. Such administrative cooperation should aim to strengthen the effectiveness of the framework for screening foreign investments by Member States and the cooperation between Member States and the Commission pursuant to this Regulation. The Commission should be kept informed of such bilateral contacts to the extent that they relate to systemic issues, trends, or best practices related to investment screening. It should also be possible for the Commissio…

    Excerpt — full text in the official PDF.
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40. Amendment 40Proposal for a regulation · Recital 40 a (new)
    Amendment

    (40a) This Regulation should be considered amongst the wider package of the Union's defensive instruments aimed at addressing security risks, including the Foreign Subsidies Regulation and the International Procurement Instrument, and it should be ensured that the scope is set out in line with those measures to avoid duplication and to ensure a targeted and proportionate approach

    official amendment document ↗
41. Amendment 41Proposal for a regulation · Recital 41
    Current text

    (41) Member States and the Commission shall ensure the confidentiality of the information they provide or receive in application of this Regulation, in accordance with national and Union law. Where the unauthorised disclosure of information would cause varying degrees of prejudice to the interests of the European Union, or of one or more of the Member States, the originator of the information should classify the information in accordance with national and Union law. When responding to requests of access to documents handled in application of this Regulation, Member States and the Commission shall coordinate and provide at least the level of protection of the protected interests available und…

    Amendment

    (41) Member States and the Commission should ensure the highest level of confidentiality of the information they provide or receive in application of this Regulation, in accordance with national and Union law. Where the unauthorised disclosure of information would cause varying degrees of prejudice to the interests of the European Union, or of one or more of the Member States, the originator of the information should classify the information in accordance with national and Union law. When responding to requests of access to documents handled in application of this Regulation, Member States and the Commission should coordinate and provide at least the level of protection of the protected inte…

    Excerpt — full text in the official PDF.
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42. Amendment 42Proposal for a regulation · Recital 43
    Current text

    (43) The Commission should draw up an annual report on the implementation of this Regulation and submit it to the European Parliament and to the Council. For greater transparency, the report should be made public. The report should be based on, among other things, reports submitted by all Member States to the Commission on a confidential basis with due respect to the need to ensure the protection of the confidentiality of certain information, in particular where the publication of data could affect the security or public order of the Union or jeopardise commercial confidentiality.

    Amendment

    (43) The Commission should draw up an annual report on the implementation of this Regulation and submit it to the European Parliament and to the Council. For greater transparency, the report should be made public. The report should be based on, among other things, reports submitted by all Member States to the Commission on a confidential basis with due respect to the need to ensure the protection of the confidentiality of certain information, in particular where the publication of data could affect the security or public order of the Union or jeopardise commercial confidentiality. The report should include information on emerging trends and risk factors as well as updates on relevant legisla…

    Excerpt — full text in the official PDF.
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43. Amendment 43Proposal for a regulation · Recital 44
    Current text

    (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.

    Amendment

    (44) The Commission should evaluate the functioning and effectiveness of this Regulation 3 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.

    official amendment document ↗
44. Amendment 44Proposal for a regulation · Recital 46
    Current text

    (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 ass…

    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 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 asse…

    Excerpt — full text in the official PDF.
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45. Amendment 45Proposal for a regulation · Recital 49
    Current text

    (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 technologie…

    Amendment

    (49) In order to take into account developments relating to projects or programmes of Union interest and to adapt the list of technologies, materials, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union, particularly in light of the risk assessments to be carried out under the Union’s Economic Security Strategy, 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…

    Excerpt — full text in the official PDF.
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46. Amendment 46Proposal for a regulation · Recital 50
    Current text

    (50) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the form to be used to provide minimum information about foreign investments, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 . __________________ 17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli…

    Amendment

    (50) In order to ensure uniform conditions for the implementation of this Regulation, in particular as regards the forms to be used to provide minimum information about foreign investments and to file requests for authorisation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 . __________________ 17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.201…

    Excerpt — full text in the official PDF.
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47. Amendment 47Proposal for a regulation · Recital 51
    Current text

    (51) Regulation (EU) 2019/452 should be repealed. In order to allow sufficient time for Member States and entities to prepare for the implementation, this Regulation should apply as of [add date: 15 months after entry into force]. In the transitional period between the entry into force and the application of this Regulation, Regulation (EU) 2019/452 should continue to apply,

    Amendment

    (51) Regulation (EU) 2019/452 should be repealed. In order to allow sufficient time for Member States and entities to prepare for the implementation, this Regulation should apply as of [add date: 12 months after entry into force]. It should be applicable regardless of the establishment of the single portal for filing requests for authorisation. In the transitional period between the entry into force and the application of this Regulation, Regulation (EU) 2019/452 should continue to apply,

    official amendment document ↗
48. Amendment 48Proposal for a regulation · Article 1 – paragraph 1
    Current text

    1. This Regulation establishes a Union framework for the screening, by Member States, of foreign investments in their territory, on the grounds of security or public order.

    Amendment

    1. This Regulation establishes a Union framework for the screening, by Member States, of foreign investments in their territory, on the grounds of security or public order, including economic security.

    official amendment document ↗
49. Amendment 49Proposal for a regulation · Article 1 – paragraph 2
    Current text

    2. This Regulation establishes a cooperation mechanism to enable Member States and the Commission to exchange information on foreign investments, assess their potential impact on security or public order, and identify potential concerns that shall be addressed by the Member State that is screening the foreign investment.

    Amendment

    2. This Regulation establishes a cooperation mechanism to enable Member States and the Commission to exchange relevant information on foreign investments, assess their potential impact on security or public order, and identify and address potential concerns.

    official amendment document ↗
50. Amendment 50Proposal for a regulation · Article 1 – paragraph 3
    Current text

    3. Member States may adopt or maintain in force national provisions in fields not coordinated by this Regulation.

    Amendment

    3. Member States may adopt or maintain in force national provisions in fields not covered by this Regulation, provided that such provisions do not undermine and are consistent with the objectives of this Regulation.

    official amendment document ↗
51. Amendment 51Proposal for a regulation · Article 1 – paragraph 5
    Current text

    5. This Regulation is without prejudice to Member States’ obligations under the Treaties, in particular Articles 49 and 63 TFEU. Member States shall ensure that any measure taken in the framework of this Regulation complies with those obligations. This Regulation is without prejudice to the powers of the Commission under Article 258 TFEU to ensure compliance with Union law.

    Amendment

    5. This Regulation is without prejudice to Member States’ obligations under the Treaties, in particular Articles 49 and 63 TFEU, and to their right to take measures which are justified on the ground of public policy or public security under Article 65 TFEU. Member States shall ensure that any measure taken in the framework of this Regulation complies with those obligations. This Regulation is without prejudice to the powers of the Commission under Article 258 TFEU to ensure compliance with Union law.

    official amendment document ↗
52. Amendment 52Proposal for a regulation · Article 1 – paragraph 5 a (new)
    Amendment

    5a. Investments by virtue of a resolution tool and internal restructurings do not fall within the scope of this Regulation.

    official amendment document ↗
53. Amendment 53Proposal for a regulation · Article 2 – paragraph 1 – point 1
    Current text

    (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;

    Amendment

    (1) ‘foreign investment’ means an investment of any kind, carried out either by a foreign investor itself or through a foreign investor’s subsidiary in the Union, aiming to establish or to maintain lasting and direct links between the foreign investor and a Union target, to which the foreign investor makes capital available in order to carry out an economic activity in a Member State, enabling effective participation in the management or control of that Union target;

    official amendment document ↗
54. Amendment 54Proposal for a regulation · Article 2 – paragraph 1 – point 1 a (new)
    Amendment

    (1a) ‘greenfield investment’ means a foreign investment carried out through the establishment of new facilities or of a new undertaking for the performance of a new economic activity in the Union;

    official amendment document ↗
55. Amendment 55Proposal for a regulation · Article 2 – paragraph 1 – point 1 b (new)
    Amendment

    (1b) ‘resolution tool’ means any resolution tool in accordance with Directive 2014/59/EU, Regulation (EU) No 806/2014, Regulation (EU) 2021/23, Regulation (EU) No 1093/2010 or Regulation (EU) No 648/2012;

    official amendment document ↗
56. Amendment 56Proposal for a regulation · Article 2 – paragraph 1 – point 1 c (new)
    Amendment

    (1c) ‘internal restructuring’ means changes in the effective participation in the management or control of a Union target that occur within a chain of ownership ultimately resulting in no change of ownership or control of the target;

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57. Amendment 57Proposal for a regulation · Article 2 – paragraph 1 – point 2
    Current text

    (2) ‘foreign direct investment’ means an investment of any kind by a foreign investor aiming 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;

    Amendment

    deleted

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58. Amendment 58Proposal for a regulation · Article 2 – paragraph 1 – point 3
    Current text

    (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;

    Amendment

    deleted

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59. Amendment 59Proposal for a regulation · Article 2 – paragraph 1 – point 7
    Current text

    (7) ‘foreign investor’s subsidiary in the Union’ means an economically active undertaking established under the laws of a Member State meeting the conditions set out in Article 22(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318 , and directly or indirectly controlled by a foreign investor; __________________ 18 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (O…

    Amendment

    (7) ‘foreign investor’s subsidiary in the Union’ means an undertaking established under the laws of a Member State, meeting the conditions set out in Article 22(1) of Directive 2013/34/EU of the European Parliament and of the Council of 26 June 201318 , and directly or indirectly controlled by a foreign investor; __________________ 18 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013,…

    Excerpt — full text in the official PDF.
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60. Amendment 60Proposal for a regulation · Article 2 – paragraph 1 – point 7 a (new)
    Amendment

    (7a) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or similar legal arrangement;

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61. Amendment 61Proposal for a regulation · Article 2 – paragraph 1 – point 7 b (new)
    Amendment

    (7b) ‘opaque ownership structure’ means an arrangement in which the ownership or control of an entity is unclear, concealed or difficult to ascertain due to, inter alia, the use of complex legal structures, multiple layers of ownership, nominee shareholders, trusts, or other mechanisms that obscure the identity of the beneficial owner;

    official amendment document ↗
62. Amendment 62Proposal for a regulation · Article 2 – paragraph 1 – point 8
    Current text

    (8) ‘Union target’ means an undertaking established under the laws of a Member State;

    Amendment

    (8) ‘Union target’ means an undertaking established or to be established under the laws of a Member State;

    official amendment document ↗
63. Amendment 63Proposal for a regulation · Article 2 – paragraph 1 – point 9
    Current text

    (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;

    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 the design, development, extraction, processing, production, recycling or supply of the technologies, materials, assets, facilities, equipment, networks, systems, services and economic activities listed in Annex II;

    official amendment document ↗
64. Amendment 64Proposal for a regulation · Article 2 – paragraph 1 – point 18
    Current text

    (18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies or critical inputs which are essential for security or public order and are listed in Annex I;

    Amendment

    (18) ‘projects or programmes of Union interest’ means projects or programmes covered by Union law that provide for the development, maintenance or acquisition of critical infrastructure, critical technologies, critical and essential services or critical inputs which are essential for security or public order and are listed in Annex I;

    official amendment document ↗
65. Amendment 65Proposal for a regulation · Article 2 – paragraph 1 – point 18 a (new)
    Amendment

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

    official amendment document ↗
66. Amendment 66Proposal for a regulation · Article 2 – paragraph 1 – point 23 a (new)
    Amendment

    (23a) ‘critical infrastructure’ means an asset, a facility, equipment, a network or a system, or a part of an asset, a facility, equipment, a network or a system, which is necessary for the provision of an essential service;

    official amendment document ↗
67. Amendment 67Proposal for a regulation · Article 3 – paragraph 2
    Current text

    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).

    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) and (4a).

    official amendment document ↗
68. Amendment 68Proposal for a regulation · Article 3 – paragraph 3
    Current text

    3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than [date: 15 months after entry into force]. Member States shall thereafter notify the Commission of any amendment to their screening mechanism within 30 days of the adoption of the amendment.

    Amendment

    3. Each Member State shall notify to the Commission the measures adopted pursuant to paragraph 1 no later than ... [12 months from the date of entry into force of this Regulation]. Member States shall thereafter notify the Commission of any amendment to their screening mechanism within 30 days of the adoption of the amendment.

    official amendment document ↗
69. Amendment 69Proposal for a regulation · Article 3 – paragraph 4
    Current text

    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.

    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 ... [15 months from the date of entry into force of this Regulation], whichever occurs first. The Commission shall keep that list up to date.

    official amendment document ↗
70. Amendment 70Proposal for a regulation · Article 4 – paragraph 2 – point a
    Current text

    (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.

    Amendment

    (a) adequate procedures and resources 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, taking into account at least the criteria laid down in Article 13. 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 appropriat…

    Excerpt — full text in the official PDF.
    official amendment document ↗
71. Amendment 71Proposal for a regulation · Article 4 – paragraph 2 – point a a (new)
    Amendment

    (aa) the screening authority shall be empowered to screen greenfield investments;

    official amendment document ↗
72. Amendment 72Proposal for a regulation · Article 4 – paragraph 2 – point b
    Current text

    (b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures to identify and prevent circumvention of the screening mechanism and screening decisions;

    Amendment

    (b) the screening authority shall monitor and ensure compliance with the screening mechanism and screening decisions. In particular, it shall put in place adequate procedures and resources to identify, address and prevent circumvention of the screening mechanism and screening decisions;

    official amendment document ↗
73. Amendment 73Proposal for a regulation · Article 4 – paragraph 2 – point c
    Current text

    (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;

    Amendment

    (c) the screening authority shall be empowered to start screening foreign investments by its own initiative within 15 months of 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;

    official amendment document ↗
74. Amendment 74Proposal for a regulation · Article 4 – paragraph 2 – point d
    Current text

    (d) confidential information, including commercially sensitive information, made available to the Member State carrying out the screening shall be protected;

    Amendment

    (d) confidential information made available to the Member State carrying out the screening, including commercially sensitive information and information designated as confidential by the undertakings concerned, shall be protected;

    official amendment document ↗
75. Amendment 75Proposal for a regulation · Article 4 – paragraph 2 – point e
    Current text

    (e) foreign investors, foreign investors’ subsidiaries in the Union through which the foreign investment is carried out and undertakings concerned by a screening decision shall have the possibility to seek judicial recourse against that screening decision;

    Amendment

    (e) foreign investors, foreign investors’ subsidiaries in the Union through which the foreign investment is carried out and undertakings concerned by a screening decision shall have the possibility to seek judicial recourse against that screening decision in a timely and effective manner;

    official amendment document ↗
76. Amendment 76Proposal for a regulation · Article 4 – paragraph 2 – point f
    Current text

    (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;

    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, as well as the projects or programmes of Union interest concerned, where applicable;

    official amendment document ↗
77. Amendment 77Proposal for a regulation · Article 4 – paragraph 2 – point g
    Current text

    (g) foreign investments subject to an authorisation requirement as referred to in paragraph 4 shall be filed by the applicant requesting authorisation with the screening authority and shall be screened before the foreign investment is completed;

    Amendment

    (g) foreign investments subject to an authorisation requirement as referred to in paragraphs 4 and 4a shall be filed by the applicant requesting authorisation with the screening authority and shall be screened before the foreign investment is completed;

    official amendment document ↗
78. Amendment 78Proposal for a regulation · Article 4 – paragraph 2 – point g a (new)
    Amendment

    (ga) Member States shall implement standardised procedural milestones and structured communication points with applicants throughout the process, including formal acknowledgment of complete filing within 5 working days and informing the undertakings concerned where the screening authority decides to open an in-depth investigation;

    official amendment document ↗
79. Amendment 79Proposal for a regulation · Article 4 – paragraph 2 – point h
    Current text

    (h) the screening authority shall be empowered to impose mitigating measures, prohibit, or unwind foreign investments subject to an authorisation requirement as referred to in paragraph 4 that were not filed or that were filed after completion and, where applicable, address effectively the consequences of non-compliance with the mitigating measures;

    Amendment

    (h) the screening authority shall be empowered to impose mitigating measures, prohibit, or unwind foreign investments subject to an authorisation requirement as referred to in paragraphs 4 or 4a that were not filed or that were filed after completion and, where applicable, address effectively the consequences of non-compliance with the mitigating measures;

    official amendment document ↗
80. Amendment 80Proposal for a regulation · Article 4 – paragraph 2 – point h a (new)
    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. Penalties shall reflect the scale and nature of the violation;

    official amendment document ↗
81. Amendment 81Proposal for a regulation · Article 4 – paragraph 2 – point h b (new)
    Amendment

    (hb) the screening authority shall put in place adequate procedures and secure channels to receive information on foreign investments from civil society organisations, economic operators, and social partners;

    official amendment document ↗
82. Amendment 82Proposal for a regulation · Article 4 – paragraph 3
    Current text

    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.

    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 and shall take that input into account before transmitting their draft d…

    Excerpt — full text in the official PDF.
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83. Amendment 83Proposal for a regulation · Article 4 – paragraph 4 – point a
    Current text

    (a) is part of or participates in one of the projects or programmes of Union interest listed in Annex I, including as a recipient of funds as defined in Article 2 paragraph 53 of Regulation 2018/1046 of the European Parliament and of the Council19 , or __________________ 19 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 19…

    Amendment

    (a) is part of or participates in one of the projects or programmes of Union interest listed in Annex I, including as a recipient of funds as defined in Article 2, point (59), of Regulation (EU) 2024/2509 of the European Parliament and of the Council19a , or __________________ 19a Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union.

    Excerpt — full text in the official PDF.
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84. Amendment 84Proposal for a regulation · Article 4 – paragraph 4 a (new)
    Amendment

    4a. Member States shall also ensure that their screening mechanisms impose an authorisation requirement for greenfield foreign investments where: (a) the conditions set out in point (a) or point (b) of paragraph 4 of this Article are met; (b) the investor meets one or more of the conditions set out in Article 5(1), point (b), points (i) to (iii); and (c) the value of the transaction is at least EUR 250 million.

    official amendment document ↗
85. Amendment 85Proposal for a regulation · Article 5 – paragraph 1 – introductory part
    Current text

    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:

    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 in their territory that:

    official amendment document ↗
86. Amendment 86Proposal for a regulation · Article 5 – paragraph 1 – point a
    Current text

    (a) meets the conditions set out in Article 4(4) point (a); or

    Amendment

    (a) meets the conditions set out in Article 4(4), point (a), or Article 4(4a); or

    official amendment document ↗
87. Amendment 87Proposal for a regulation · Article 5 – paragraph 1 – point b – point i
    Current text

    (i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers;

    Amendment

    (i) the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled, by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers, or other features aimed at influencing management decisions;

    official amendment document ↗
88. Amendment 88Proposal for a regulation · Article 5 – paragraph 1 – point b – point ii
    Current text

    (ii) 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, such a foreign investor is subject to Union restrictive measures pursuant to Article 215 TFEU; or

    Amendment

    (ii) 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, such a foreign investor is subject to Union restrictive measures pursuant to Article 215 TFEU;

    official amendment document ↗
89. Amendment 89Proposal for a regulation · Article 5 – paragraph 1 – point b – point iii
    Current text

    (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.

    Amendment

    (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

    official amendment document ↗
90. Amendment 90Proposal for a regulation · Article 5 – paragraph 1 – point b – point iii a (new)
    Amendment

    (iiia) the ownership structure of the investor is opaque.

    official amendment document ↗
91. Amendment 91Proposal for a regulation · Article 5 – paragraph 2
    Current text

    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.

    Amendment

    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.

    official amendment document ↗
92. Amendment 92Proposal for a regulation · Article 5 – paragraph 2 a (new)
    Amendment

    2a. Member States shall notify, at the earliest possible time, 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.

    official amendment document ↗
93. Amendment 93Proposal for a regulation · Article 5 – paragraph 3 – subparagraph 1
    Current text

    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.

    Amendment

    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.

    official amendment document ↗
94. Amendment 94Proposal for a regulation · Article 5 – paragraph 3 – subparagraph 2
    Current text

    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.

    Amendment

    deleted

    official amendment document ↗
95. Amendment 95Proposal for a regulation · Article 6 – paragraph 1 – introductory part
    Current text

    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):

    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:

    official amendment document ↗
96. Amendment 96Proposal for a regulation · Article 6 – paragraph 1 – point a
    Current text

    (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);

    Amendment

    (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), (2a) or (3);

    official amendment document ↗
97. Amendment 97Proposal for a regulation · Article 6 – paragraph 1 – point b
    Current text

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

    Amendment

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

    official amendment document ↗
98. Amendment 98Proposal for a regulation · Article 6 – paragraph 2
    Current text

    2. The following procedures shall apply to multi-country transactions: (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…

    Amendment

    deleted

    Excerpt — full text in the official PDF.
    official amendment document ↗
99. Amendment 99Proposal for a regulation · Article 6 a (new)
    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 3 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 as referred to in paragraph 1, it shall coordinate with the other Member States concerned and the Commission, inter alia to determine whether the investment is notifiable. 3. If the requests for authorisation concern a foreign investment meeting any of the conditions set…

    Excerpt — full text in the official PDF.
    official amendment document ↗
100. Amendment 100Proposal for a regulation · Article 7 – title
     Current text

     Comments by Member States and opinions by the Commission on notified foreign investments

     Amendment

     Comments by Member States and opinions and decisions by the Commission on notified foreign investments

     official amendment document ↗
101. Amendment 101Proposal for a regulation · Article 7 – paragraph 1 – subparagraph 1 – introductory part
     Current text

     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:

     Amendment

     Any Member State may issue duly motivated comments to the notifying Member State. A Member State may issue such comments if it:

     official amendment document ↗
102. Amendment 102Proposal for a regulation · Article 7 – paragraph 2 – subparagraph 1 – introductory part
     Current text

     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:

     Amendment

     The Commission may issue a duly motivated opinion addressed to the notifying Member State. The Commission shall issue such an opinion if:

     official amendment document ↗
103. Amendment 103Proposal for a regulation · Article 7 – paragraph 2 – subparagraph 2 a (new)
     Amendment

     Where appropriate, the opinion of the Commission may propose measures aimed at mitigating the likely negative effect of the investment on security and public order.

     official amendment document ↗
104. Amendment 104Proposal for a regulation · Article 7 – paragraph 3
     Current text

     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.

     Amendment

     3. The Commission shall 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 shall, as appropriate, discuss with Member States the measures to address the identified risks.

     official amendment document ↗
105. Amendment 105Proposal for a regulation · Article 7 – paragraph 4 – point a
     Current text

     (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);

     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;

     official amendment document ↗
106. Amendment 106Proposal for a regulation · Article 7 – paragraph 4 – point b
     Current text

     (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).

     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.

     official amendment document ↗
107. Amendment 107Proposal for a regulation · Article 7 – paragraph 4 a (new)
     Amendment

     4a. The notifying Member State may invite the Commission to issue an opinion or other Member States to issue comments.

     official amendment document ↗
108. Amendment 108Proposal for a regulation · Article 7 – paragraph 5
     Current text

     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.

     Amendment

     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.

     official amendment document ↗
109. Amendment 109Proposal for a regulation · Article 7 – paragraph 6
     Current text

     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 a…

     Amendment

     6. Following the receipt of a comment pursuant to paragraph 1 or an opinion pursuant to paragraph 2, the host Member State shall consult the Member States that issued comments, where applicable, and the Commission. In the framework of that consultation, the host Member State shall set up a meeting with those Member States, 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 ot…

     Excerpt — full text in the official PDF.
     official amendment document ↗
110. Amendment 110Proposal for a regulation · Article 7 – paragraph 7
     Current text

     7. Following the receipt of an opinion pursuant to paragraph 2 or 3, the procedure set out in paragraph 6 shall apply mutatis mutandis.

     Amendment

     deleted

     official amendment document ↗
111. Amendment 111Proposal for a regulation · Article 7 – paragraph 8 – introductory part
     Current text

     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:

     Amendment

     8. Following the meeting referred to in paragraph 6, the host Member State shall transmit to the respective Member States and the Commission its draft screening decision and provide a written explanation on:

     official amendment document ↗
112. Amendment 112Proposal for a regulation · Article 7 – paragraph 8 – point a
     Current text

     (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;

     Amendment

     deleted

     official amendment document ↗
113. Amendment 113Proposal for a regulation · Article 7 – paragraph 8 – point a a (new)
     Amendment

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

     official amendment document ↗
114. Amendment 114Proposal for a regulation · Article 7 – paragraph 8 – point a b (new)
     Amendment

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

     official amendment document ↗
115. Amendment 115Proposal for a regulation · Article 7 – paragraph 8 – point b
     Current text

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

     Amendment

     deleted

     official amendment document ↗
116. Amendment 116Proposal for a regulation · Article 7 – paragraph 9
     Current text

     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…

     Amendment

     9. Where a Member States or the Commission considers that a draft screening decision referred to in paragraph 8 of this Article, authorising a foreign investment under Article 14(1), point (a), or Article 14(2) does not adequately address or mitigate the risks to security and public order, it may raise a duly justified objection. The objection shall be notified to the host Member State and, where applicable, the other Member States that issued comments and the Commission. The host Member State shall suspend its screening procedure until the Commission has adopted a decision pursuant to paragraphs 9b and 9c of this Article. The host Member State shall inform the foreign investor of the suspen…

     Excerpt — full text in the official PDF.
     official amendment document ↗
117. Amendment 117Proposal for a regulation · Article 7 – paragraph 9 a (new)
     Amendment

     9a. Where a Member State or the Commission has raised an objection pursuant to paragraph 9 of this Article, and without prejudice to Article 346(1), point (a), TFEU, the host Member State shall transmit to the Commission all documents and information on which its draft decision is based. The Member State that raised an objection pursuant to paragraph 9 of this Article shall transmit all documents and information on which its objection is based.

     official amendment document ↗
118. Amendment 118Proposal for a regulation · Article 7 – paragraph 9 b (new)
     Amendment

     9b. Where, taking into account the criteria laid down in Article 13, the documents and information received pursuant to paragraph 9a of this Article, as well as, where applicable, the comments provided by Member States pursuant to Article 7(1) or Article 9(7), the Commission concludes that the draft screening decision, as modified by the host Member State where appropriate, effectively addresses the foreign investment’s potential effect on security and public order, it shall decide not to object to the adoption of the draft screening decision by the Member State.

     official amendment document ↗
119. Amendment 119Proposal for a regulation · Article 7 – paragraph 9 c (new)
     Amendment

     9c. Where the Commission finds that the host Member State’s draft screening decision referred to in paragraph 8 does not adequately mitigate risks to security and public order, it shall adopt a decision to: (a) authorise the foreign investment subject to mitigating measures; or (b) prohibit the foreign investment where it finds that the risks to security and public order of the Union cannot be adequately addressed through mitigating measures. The decision referred to in the first subparagraph shall comply with the principle of proportionality, shall be based on documented risks and shall take into consideration all circumstances of the foreign investment.

     official amendment document ↗
120. Amendment 120Proposal for a regulation · Article 7 – paragraph 9 d (new)
     Amendment

     9d. Decisions adopted pursuant to paragraph 9b shall be addressed to the host Member State. The Commission shall notify the host Member State and shall inform the Member States that provided comments pursuant to paragraph 1. Decisions adopted pursuant to paragraph 9c shall be addressed to the foreign investor. The Commission shall notify the host Member State and the Member States that provided comments pursuant to paragraph 1 and shall inform the Union target.

     official amendment document ↗
121. Amendment 121Proposal for a regulation · Article 7 – paragraph 9 e (new)
     Amendment

     9e. Where the Commission adopts a decision pursuant to paragraph 9c, the host Member State shall terminate its screening procedure and inform the foreign investor thereof.

     official amendment document ↗
122. Amendment 122Proposal for a regulation · Article 7 – paragraph 9 f (new)
     Amendment

     9f. Before adopting a decision pursuant to paragraph 9c, the Commission shall give the foreign investor the opportunity to make its views known effectively.

     official amendment document ↗
123. Amendment 123Proposal for a regulation · Article 7 – paragraph 9 g (new)
     Amendment

     9g. Where a comment pursuant to paragraph 1 or an opinion pursuant to paragraph 2 or 3 has been issued and the Commission has not issued a decision pursuant to paragraph 9c, the host Member State shall notify its screening decision to the Member States which provided comments, where applicable, and to the Commission, and send it to the respective parties to the foreign investment.

     official amendment document ↗
124. Amendment 124Proposal for a regulation · Article 7 – paragraph 10
     Current text

     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.

     Amendment

     deleted

     official amendment document ↗
125. Amendment 125Proposal for a regulation · Article 8 – title
     Current text

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

     Amendment

     Deadlines and procedures applicable to the Union cooperation mechanism and decisions

     official amendment document ↗
126. Amendment 126Proposal for a regulation · Article 8 – paragraph 1 – point a
     Current text

     (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;

     Amendment

     (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;

     official amendment document ↗
127. Amendment 127Proposal for a regulation · Article 8 – paragraph 1 – point b
     Current text

     (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.

     Amendment

     (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.

     official amendment document ↗
128. Amendment 128Proposal for a regulation · Article 8 – paragraph 3 – subparagraph 1 – point a
     Current text

     (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;

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

     official amendment document ↗
129. Amendment 129Proposal for a regulation · Article 8 – paragraph 3 – subparagraph 1 – point b
     Current text

     (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;

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

     official amendment document ↗
130. Amendment 130Proposal for a regulation · Article 8 – paragraph 3 – subparagraph 1 – point c
     Current text

     (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;

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

     official amendment document ↗
131. Amendment 131Proposal for a regulation · Article 8 – paragraph 3 – subparagraph 1 – point d
     Current text

     (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.

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

     official amendment document ↗
132. Amendment 132Proposal for a regulation · Article 8 – paragraph 3 – subparagraph 2
     Current text

     The notifying Member State shall take their screening decision only after the deadlines referred to in points (a)-(d) have expired.

     Amendment

     deleted

     official amendment document ↗
133. Amendment 133Proposal for a regulation · Article 8 – paragraph 4
     Current text

     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…

     Amendment

     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 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.

     Excerpt — full text in the official PDF.
     official amendment document ↗
134. Amendment 134Proposal for a regulation · Article 8 – paragraph 5
     Current text

     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.

     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. Where the notifying Member State provides additional information to a Member State, such additional information shall be sent to the Commission simultaneously.

     official amendment document ↗
135. Amendment 135Proposal for a regulation · Article 8 – paragraph 7 a (new)
     Amendment

     7a. The following deadlines shall apply to the consultations between Member States and the Commission pursuant to Article 7(6) to (9): (a) the meeting referred to in Article 7(6) shall take place within 20 calendar days following the receipt by the host Member State of the last comment or opinion pursuant to Article 7, whichever comes last; (b) the host Member State shall transmit its draft decision pursuant to Article 7(8) within 10 calendar days following the meeting referred to in Article 7(6); (c) the objection by a Member State or the Commission pursuant to Article 7(9) shall be raised within 10 calendar days following the receipt of the draft screening decision pursuant to Article 7(8)…

     Excerpt — full text in the official PDF.
     official amendment document ↗
136. Amendment 136Proposal for a regulation · Article 8 – paragraph 7 b (new)
     Amendment

     7b. The following deadlines shall apply to the adoption and the notification of screening decisions on notified foreign investments: (a) the notifying Member State shall adopt its screening decision only after the deadlines referred to in points (a) to (d) of paragraph 3 of this Article have expired; (b) 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; (c) following an objection raised pursuant to Article 7(9), the host Member State and the Member Stat…

     Excerpt — full text in the official PDF.
     official amendment document ↗
137. Amendment 137Proposal for a regulation · Article 8 – paragraph 7 c (new)
     Amendment

     7c. The following deadlines shall apply to the adoption and the notification of a decision by the Commission pursuant to Article 7(9b) and (9c): (a) the Commission shall adopt its decision within 20 calendar days following receipt of the complete information referred to in Article 7(9a); (b) the notification pursuant to Article 7(9d) shall take place within 3 calendar days. The deadlines referred to in paragraph 7a, points (a) and (b), in paragraph 7b, point (b), and paragraph 7c, point (a), of this Article shall be extended by up to 30 calendar days in total, where applicable, to allow the host Member State or, where relevant, the Commission and the foreign investor to agree on mitigating m…

     Excerpt — full text in the official PDF.
     official amendment document ↗
138. Amendment 138Proposal for a regulation · Article 8 – paragraph 8
     Current text

     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.

     Amendment

     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.

     official amendment document ↗
139. Amendment 139Proposal for a regulation · Article 9 – paragraph 1
     Current text

     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.

     Amendment

     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 where the Commission considers that such a foreign investment is likely to negatively affect the security or public order of more than one Member State or projects or programmes of Union interest on grounds of security and public order, 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…

     Excerpt — full text in the official PDF.
     official amendment document ↗
140. Amendment 140Proposal for a regulation · Article 9 – paragraph 2
     Current text

     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.

     Amendment

     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.

     official amendment document ↗
141. Amendment 141Proposal for a regulation · Article 9 – paragraph 3
     Current text

     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.

     Amendment

     deleted

     official amendment document ↗
142. Amendment 142Proposal for a regulation · Article 9 – paragraph 4
     Current text

     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.

     Amendment

     deleted

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143. Amendment 143Proposal for a regulation · Article 9 – paragraph 5
     Current text

     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 Memb…

     Amendment

     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.

     Excerpt — full text in the official PDF.
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144. Amendment 144Proposal for a regulation · Article 9 – paragraph 6
     Current text

     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.

     Amendment

     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.

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145. Amendment 145Proposal for a regulation · Article 9 – paragraph 7 – introductory part
     Current text

     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:

     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 host Member State, no later than 30 calendar days after receiving the complete information requested pursuant to paragraph 5. In cases where the procedure was initiated by a Member State, the Commission shall be granted an additional 15 calendar days to issue its opinion. The host Member State shall give the utmost consideration to such a comment or opinion.

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146. Amendment 146Proposal for a regulation · Article 9 – paragraph 7 – point a
     Current text

     (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.

     Amendment

     deleted

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147. Amendment 147Proposal for a regulation · Article 9 – paragraph 7 – point b
     Current text

     (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.

     Amendment

     deleted

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148. Amendment 148Proposal for a regulation · Article 9 – paragraph 7 a (new)
     Amendment

     7a. Following the receipt of a comment or opinion pursuant to paragraph 7, 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 effectively address the risks identified. If the host Member State disagrees with the risks identified or, where applicable, the measures proposed with the comment or opinion, the Member States and the Commission shall aim to identify alternative solutions and agree on a suitable course of action to manage the risks in question.

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149. Amendment 149Proposal for a regulation · Article 9 – paragraph 7 b (new)
     Amendment

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

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150. Amendment 150Proposal for a regulation · Article 9 – paragraph 7 c (new)
     Amendment

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

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151. Amendment 151Proposal for a regulation · Article 9 a (new)
     Amendment

     Article 9a Investigative Powers of the Commission 1. Upon a duly justified request by a Member State or on its own initiative when there are reasonable grounds to suspect that a foreign investment may affect the security or public order of more than one Member State, and provided the host Member State has been notified, 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 inf…

     Excerpt — full text in the official PDF.
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152. Amendment 152Proposal for a regulation · Article 10 – paragraph 1 – introductory part
     Current text

     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:

     Amendment

     1. Member States shall provide, at a minimum, the following information in the notification referred to in Article 5 and in response to the request of information referred to in 9(5):

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153. Amendment 153Proposal for a regulation · Article 10 – paragraph 1 – point e
     Current text

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

     Amendment

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

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154. Amendment 154Proposal for a regulation · Article 10 – paragraph 1 – point e a (new)
     Amendment

     (ea) where applicable, the reasons justifying the notification, including whether any of the conditions for the notification of a foreign investment referred to in points (i) to (iii) of Article 5(1), point (b), are fulfilled;

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155. Amendment 155Proposal for a regulation · Article 10 – paragraph 1 – point e b (new)
     Amendment

     (eb) whether the Union target is a recipient of funds as defined in Article 2 paragraph 59 of Regulation (EU) 2024/2509, or of any fund or financial instrument established or managed by the Union; and

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156. Amendment 156Proposal for a regulation · Article 10 – paragraph 3
     Current text

     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.

     Amendment

     deleted

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157. Amendment 157Proposal for a regulation · Article 10 – paragraph 4
     Current text

     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.

     Amendment

     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 paragraph 1 of this Article and Article 8(2). 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.

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158. Amendment 158Proposal for a regulation · Article 10 – paragraph 5
     Current text

     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.

     Amendment

     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 Article 8(5) and Article 9(6) as applicable.

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159. Amendment 159Proposal for a regulation · Article 10 – paragraph 6
     Current text

     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.

     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 4 or 5 of this Article, Article 8(2) or Article 9(5). That Member State shall duly explain the reasons for not being able to provide the information.

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160. Amendment 160Proposal for a regulation · Article 11 – paragraph 1
     Current text

     1. Member States shall provide the necessary resources, legal and administrative means for their efficient and effective participation in the cooperation mechanism.

     Amendment

     1. Member States shall provide the necessary resources, legal and administrative means to carry out, in an effective and efficient manner, the tasks assigned to them to fulfil the objectives of this Regulation, including their efficient and effective participation in the cooperation mechanism.

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161. Amendment 161Proposal for a regulation · Article 11 – paragraph 4
     Current text

     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 M…

     Amendment

     4. Member States’ screening mechanisms shall give sufficient 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.

     Excerpt — full text in the official PDF.
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162. Amendment 162Proposal for a regulation · Article 11 – paragraph 5
     Current text

     5. Member States shall ensure that their national laws allow compliance with the obligations set out in paragraphs 5 to 9 of Article 7.

     Amendment

     5. Member States shall ensure that their national laws allow compliance with the obligations set out in Article 7.

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163. Amendment 163Proposal for a regulation · Article 11 – paragraph 7
     Current text

     7. Where mitigating measures in a screening decision require compliance by undertakings established in other Member States, the Member States that adopted a screening decision shall cooperate with the other Member State or Member States concerned on the monitoring and enforcement of screening decision. Member States shall ensure that they have all necessary legal means and powers to address effectively the consequences of non-compliance with the mitigating measures provided in a screening decision.

     Amendment

     7. Where mitigating measures in a screening decision require compliance by undertakings established in more than one Member State, the Member States concerned shall cooperate with each other on the monitoring and enforcement of the screening decision. Member States shall ensure that they have all necessary legal means and powers to address effectively the consequences of non-compliance with the mitigating measures provided in a screening decision of another Member State or of the Commission.

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164. Amendment 164Proposal for a regulation · Article 11 – paragraph 7 a (new)
     Amendment

     7a. Where, following the adoption of a screening decision, a host Member State imposes penalties in accordance with Article 4(2), point (ha), it shall notify the Commission and the Member States that provided comments on the transaction within a reasonable timeframe.

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165. Amendment 165Proposal for a regulation · Article 12 – paragraph 1 – introductory part
     Current text

     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:

     Amendment

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

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166. Amendment 166Proposal for a regulation · Article 12 – paragraph 1 – point b
     Current text

     (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.

     Amendment

     (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.

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167. Amendment 167Proposal for a regulation · Article 12 – paragraph 4
     Current text

     4. The Commission shall provide a secure and encrypted system to support the exchange of information between the contact points.

     Amendment

     deleted

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168. Amendment 168Proposal for a regulation · Article 12 a (new)
     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, including notifications pursuant to Article 5 and comments and opinions pursuant to Article 7, 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 single portal shall be o…

     Excerpt — full text in the official PDF.
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169. Amendment 169Proposal for a regulation · Article 12 b (new)
     Amendment

     Article 12b Business intelligence capability The Commission shall develop a business intelligence capability to support the Member States’ screening authorities in identifying potential risks to security and public order related to foreign investments, develop coordinated risk assessments and, in consultation with the Commission expert group on the screening of foreign investments, support a Union FDI capacity-building programme to identify and promote best practices and lessons learned, and offer common training programmes for officials of the Member States.

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170. Amendment 170Proposal for a regulation · Article 13 – paragraph 2
     Current text

     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.

     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), or a decision pursuant to Article 7(9b) or (9c), whether it considers a foreign investment to be likely to negatively affect security or public order.

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171. Amendment 171Proposal for a regulation · Article 13 – paragraph 3 – introductory part
     Current text

     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:

     Amendment

     3. When determining whether a foreign 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:

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172. Amendment 172Proposal for a regulation · Article 13 – paragraph 3 – point a
     Current text

     (a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21 . The results of the Union level coordinated security risk assessments of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall also be taken into account. ;…

     Amendment

     (a) the security, integrity, functioning and resilience of critical infrastructure, including the land and property critical to the use of such critical infrastructure, whether physical or virtual; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21 . The results of the Union level coordinated security risk assessments, including those concerning critical s…

     Excerpt — full text in the official PDF.
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173. Amendment 173Proposal for a regulation · Article 13 – paragraph 3 – point a a (new)
     Amendment

     (aa) the security of military facilities and other sensitive public facilities in the immediate geographical proximity of the Union target;

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174. Amendment 174Proposal for a regulation · Article 13 – paragraph 3 – point a b (new)
     Amendment

     (ab) the security, integrity, functioning, operational stability and resilience of the internal market;

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175. Amendment 175Proposal for a regulation · Article 13 – paragraph 3 – point b
     Current text

     (b) the availability of critical technologies;

     Amendment

     (b) the availability and uptake of critical technologies, technology security and technology leakage;

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176. Amendment 176Proposal for a regulation · Article 13 – paragraph 3 – point c
     Current text

     (c) the continuity of supply of critical inputs;

     Amendment

     (c) the security and resilience of supply chains for critical inputs;

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177. Amendment 177Proposal for a regulation · Article 13 – paragraph 3 – point c a (new)
     Amendment

     (ca) food security;

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178. Amendment 178Proposal for a regulation · Article 13 – paragraph 3 – point c b (new)
     Amendment

     (cb) the capacity to avoid and address strategic dependencies;

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179. Amendment 179Proposal for a regulation · Article 13 – paragraph 3 – point c c (new)
     Amendment

     (cc) the protection of the financial and economic stability of the Union;

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180. Amendment 180Proposal for a regulation · Article 13 – paragraph 3 – point c d (new)
     Amendment

     (cd) the provision of essential services and services of general interest;

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181. Amendment 181Proposal for a regulation · Article 13 – paragraph 3 – point d
     Current text

     (d) the protection of sensitive information, including personal data, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such personal data, or

     Amendment

     (d) the protection of sensitive information, including personal data as defined in Article 4, point (1), of Regulation (EU) 2016/6791a, in particular with regard to the ability of the foreign investor to access, control, and otherwise process such information; __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

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182. Amendment 182Proposal for a regulation · Article 13 – paragraph 3 – point d a (new)
     Amendment

     (da) the protection of intellectual property, knowledge or other intangible assets;

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183. Amendment 183Proposal for a regulation · Article 13 – paragraph 3 – point e
     Current text

     (e) the freedom and pluralism of the media, including online platforms that can be used for large scale disinformation or criminal activities.

     Amendment

     (e) the freedom and pluralism of the media, including online and social media platforms that can be used for large scale disinformation or criminal activities, fundamental rights, civic discourse and electoral processes, as well as the neutrality, objectivity and pluralism of education; or

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184. Amendment 184Proposal for a regulation · Article 13 – paragraph 3 – point e a (new)
     Amendment

     (ea) the likelihood of economic coercion by a third country falling within the scope of Article 2 of Regulation (EU) 2023/26751a. __________________ 1a Regulation (EU) 2023/2675 of the European Parliament and of the Council of 22 November 2023 on the protection of the Union and its Member States from economic coercion by third countries (OJ L, 2023/2675, 7.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2675/oj).

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185. Amendment 185Proposal for a regulation · Article 13 – paragraph 4 – point -a (new)
     Amendment

     (-a) whether the foreign investor or the foreign investor’s subsidiary in the Union is directly or indirectly controlled by the government, including state bodies, regional or local authorities or armed forces, of a third country, including through ownership structure, significant funding, special rights or state-appointed directors or managers, or other features aimed at influencing management decisions, such as golden shares;

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186. Amendment 186Proposal for a regulation · Article 13 – paragraph 4 – point a
     Current text

     (a) 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 was involved in a foreign investment previously screened by a Member State and that was not authorised or was only authorised with conditions; to determine this, Member States and the Commission shall rely on information available to them, including the information contained in the secure database set up pursuant to Article 7(10);

     Amendment

     (a) 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 was involved in a foreign investment previously screened by a Member State or, where available, by a third country with an established foreign direct investment screening mechanism, with which the Union cooperates in investment screening matters and that was not authorised or was only authorised with conditions; to determine this, Member States and the Commission shall rely on information available t…

     Excerpt — full text in the official PDF.
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187. Amendment 187Proposal for a regulation · Article 13 – paragraph 4 – point d
     Current text

     (d) whether the foreign investor or any of its subsidiaries has engaged in illegal or criminal activities, including the circumvention of Union restrictive measures pursuant to Article 215 TFEU;

     Amendment

     (d) whether the foreign investor or any of its subsidiaries has engaged in illegal or criminal activities, including money laundering and the circumvention of Union restrictive measures pursuant to Article 215 TFEU;

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188. Amendment 188Proposal for a regulation · Article 13 – paragraph 4 – point e
     Current text

     (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.

     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, support risks of violations of international law by a third country, or facilitate the development of a third country’s military capabilities;

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189. Amendment 189Proposal for a regulation · Article 13 – paragraph 4 – point e a (new)
     Amendment

     (ea) whether the foreign investor is established in a third country subject to Union restrictive measures pursuant to Article 215 TFEU, in a jurisdiction identified as a third country with significant strategic deficiencies in its national AML/CFT regime in accordance with Article 29 of Regulation (EU) 2024/1624 of the European Parliament and of the Council, or in a country pursuing an aggressive civil-military fusion strategy;

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190. Amendment 190Proposal for a regulation · Article 13 – paragraph 4 – point e b (new)
     Amendment

     (eb) whether the foreign investor or any of its subsidiaries is established in a third country whose legislation permits arbitrary access to company operations or data, including commercially sensitive information, and imposes obligations on companies to share information for intelligence purposes without democratic checks and balances, oversight mechanisms, due process, or the right to appeal to an independent court or tribunal.

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191. Amendment 191Proposal for a regulation · Article 13 – paragraph 4 a (new)
     Amendment

     4a. The Commission shall make available a risk evaluation form that may be used by Member States to assess the elements referred to in paragraphs 3 and 4.

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192. Amendment 192Proposal for a regulation · Article 13 – paragraph 4 b (new)
     Amendment

     4b. The Commission may carry out a risk assessment relating to a specific sector, critical technology, foreign investors or Union undertakings to inform screening decisions of the Member States. That risk assessment shall be made available in the secure database set up pursuant to Article 12a(6a) and shall be taken into account by Member States when determining whether an investment is likely to negatively affect security or public order.

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193. Amendment 193Proposal for a regulation · Article 14 – title
     Current text

     Screening decisions on foreign investments likely to negatively affect security or public order

     Amendment

     Screening decisions on foreign investments

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194. Amendment 194Proposal for a regulation · Article 14 – paragraph 1 – subparagraph 1 – introductory part
     Current text

     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:

     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), and without prejudice to the Commission’s power to adopt a decision pursuant to Article 7(9c), the host Member State 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:

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195. Amendment 195Proposal for a regulation · Article 14 – paragraph 1 – subparagraph 2
     Current text

     The screening decision shall comply with the principle of proportionality and take into consideration all circumstances of the foreign investment.

     Amendment

     The screening decision shall comply with the principle of proportionality, be based on documented risks and take into consideration all circumstances of the foreign investment.

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196. Amendment 196Proposal for a regulation · Article 14 – paragraph 2
     Current text

     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.

     Amendment

     2. Where the host Member State concludes that the foreign investment is not likely to negatively affect security or public order or considers that other measures pursuant to Union or national law are available and appropriate to effectively address the foreign investment’s effect on security and public order, and except in cases where the Commission has taken a decision pursuant to Article 7(9c), the foreign investment shall be authorised without conditions.

     official amendment document ↗
197. Amendment 197Proposal for a regulation · Article 14 – paragraph 2 a (new)
     Amendment

     2a. The mitigating measures referred to in paragraph 1, point (a), shall be sufficient to address the foreign investment’s effect on security and public order and shall comply with the principle of proportionality. Those measures may include: (a) changes to the proposed governance structure of the target; (b) modifications to the voting rights conferred on the investor; (c) prevention of unauthorised access to sensitive technologies or information; (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 t…

     Excerpt — full text in the official PDF.
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198. Amendment 198Proposal for a regulation · Article 14 a (new)
     Amendment

     Article 14a Group of experts on the screening of foreign direct investment into the Union 1. The group of experts on the screening of foreign direct investments into the Union, which provides advice and expertise to the Commission, shall continue to engage in discussions regarding foreign direct investment screening. It shall share best practices, lessons learnt, and exchange views on emerging trends and issues of common concern related to foreign direct investments. The Commission shall also seek the advice of that group on systemic matters concerning the implementation of this Regulation. That group shall meet on a regular basis to ensure ongoing dialogue and mutual learning. 2. The discus…

     Excerpt — full text in the official PDF.
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199. Amendment 199Proposal for a regulation · Article 14 b (new)
     Amendment

     Article 14b Public transparency requirements 1. By ... [the date of entry into force of this Regulation] the Commission shall publish guidelines regarding the application of: (a) the criteria for determining whether an investment enables effective participation in the management or control of a Union target pursuant to Article 2, point (1); (b) the criteria for determining 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 criteria for determining whether an undertaking is economically active in one of the areas listed in Annex II pursuant to Article 2, point (9); (d) the criteria for assessing potential…

     Excerpt — full text in the official PDF.
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200. Amendment 200Proposal for a regulation · Article 15 – paragraph 1
     Current text

     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.

     Amendment

     Member States and the Commission may cooperate with the responsible authorities of third countries and engage through bilateral and multilateral platforms on issues relating to the screening of investments on grounds of security and public order. That cooperation may involve the exchange of information and best practices, as well as technical and capacity-building support. In the context of that cooperation, the Commission shall encourage the establishment of investment screening mechanisms by third countries, particularly those that are candidates for accession to the Union and countries in the Union’s neighbourhood.

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201. Amendment 201Proposal for a regulation · Article 16 – paragraph 1 – introductory part
     Current text

     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:

     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:

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202. Amendment 202Proposal for a regulation · Article 16 – paragraph 1 – point c
     Current text

     (c) the number of foreign investments prohibited, the number of foreign investments withdrawn;

     Amendment

     (c) the number of foreign investments prohibited, the number of foreign investments withdrawn or unwound;

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203. Amendment 203Proposal for a regulation · Article 16 – paragraph 1 – point e
     Current text

     (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;

     Amendment

     (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;

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204. Amendment 204Proposal for a regulation · Article 16 – paragraph 1 – point e a (new)
     Amendment

     (ea) the average duration of investment screening procedures;

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205. Amendment 205Proposal for a regulation · Article 16 – paragraph 1 – point f
     Current text

     (f) an aggregate presentation of risks and vulnerabilities identified in the foreign investments that led to a screening decision;

     Amendment

     (f) a description of the risks and vulnerabilities identified in the foreign investments that led to a screening decision;

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206. Amendment 206Proposal for a regulation · Article 16 – paragraph 1 – point f a (new)
     Amendment

     (fa) the number of own initiative procedures opened pursuant to Article 9(1) and the number of instances where they resulted in the initiation of a screening procedure by the host Member State.

     official amendment document ↗
207. Amendment 207Proposal for a regulation · Article 16 – paragraph 1 a (new)
     Amendment

     1a. By ... [1 January of the first year of application], the Commission shall adopt an implementing act pursuant to Article 21 setting out the form to be used for reporting the information referred to in paragraph 1 of this Article.

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208. Amendment 208Proposal for a regulation · Article 16 – paragraph 2
     Current text

     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.

     Amendment

     2. Based on the information received in accordance with paragraph 1, its implementation practice, and 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 by 30 September of each year beginning in ... [the first year of application of this Regulation]. That report shall be made public.

     official amendment document ↗
209. Amendment 209Proposal for a regulation · Article 16 – paragraph 2 a (new)
     Amendment

     2a. The Commission’s annual report shall include an overview of the information referred to in paragraph 1 for each Member State, an assessment of the trends and figures on foreign investments into the Union, relevant legislative developments across Member States, international cooperation efforts, lessons learnt, and best practices to support the implementation of this Regulation.

     official amendment document ↗
210. Amendment 210Proposal for a regulation · Article 18 – paragraph 1
     Current text

     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.

     Amendment

     1. The Commission shall evaluate the functioning and effectiveness of this Regulation 3 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 evaluation process and, if necessary, provide the Commission with additional information for the preparation of that report. That report shall include an analysis of the evolution of foreign investments into the Union as well as an assessment of the contribution of this Regulation to the economic security of the Union. It should include an assessment of whether the conditions set out in Article 4(4) and (4a) should b…

     Excerpt — full text in the official PDF.
     official amendment document ↗
211. Amendment 211Proposal for a regulation · Article 19 – paragraph 2 – introductory part
     Current text

     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:

     Amendment

     2. The Commission is empowered to adopt delegated acts in accordance with Article 20 for the purposes of amending, where necessary, the list of technologies, materials, 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:

     official amendment document ↗
212. Amendment 212Proposal for a regulation · Article 19 – paragraph 2 – point b a (new)
     Amendment

     (ba) the results of relevant risk assessments undertaken by the Commission and Member States under the Union Economic Security Strategy;

     official amendment document ↗
213. Amendment 213Proposal for a regulation · Article 19 – paragraph 2 a (new)
     Amendment

     2a. The first of the delegated acts referred to in paragraph 2 of this Article shall be adopted by ... [9 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, materials, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union.

     official amendment document ↗
214. Amendment 214Proposal for a regulation · Article 20 – paragraph 2
     Current text

     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].

     Amendment

     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 no 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 Council opposes such extension no later than three months before the end of each period.

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215. Amendment 215Proposal for a regulation · Article 21 – paragraph 1
     Current text

     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).

     Amendment

     deleted

     official amendment document ↗
216. Amendment 216Proposal for a regulation · Article 21 – paragraph 2
     Current text

     2. Implementing acts referred to in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

     Amendment

     2. Implementing acts referred to in Article 10(2), Article 12a(3), Article 12a(6) and Article 16(1a) shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

     official amendment document ↗
217. Amendment 217Proposal for a regulation · Article 23 – paragraph 1
     Current text

     Regulation (EU) 2019/452 is repealed with effect from [date: 15 months after entry into force].

     Amendment

     Regulation (EU) 2019/452 is repealed with effect from ... [12 months from the date of entry into force of this Regulation].

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218. Amendment 218Proposal for a regulation · Article 24 – paragraph 2
     Current text

     It shall apply from [date: 15 months after entry into force].

     Amendment

     It shall apply from ... [12 months from the date of entry into force of this Regulation].

     official amendment document ↗
219. Amendment 219Proposal for a regulation · Article 24 – paragraph 2 a (new)
     Amendment

     However, Article 19(2) and (2a) shall apply from ... [the date of entry into force of this Regulation]. This Regulation shall apply regardless of whether the single portal referred to in Article 12a(2) is operational.

     official amendment document ↗
220. Amendment 220Proposal for a regulation · Annex I – point 7 – paragraph 2
     Current text

     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).

     Amendment

     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 (OJ L 1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj).

     official amendment document ↗
221. Amendment 221Proposal for a regulation · Annex I – point 17 a (new)
     Amendment

     17a. European Defence Industry Programme (EDIP) [Reference to be added once the Regulation has been adopted.]

     official amendment document ↗
222. Amendment 222Proposal for a regulation · Annex I – point 20 a (new)
     Amendment

     20a. Projects of common interest and projects of mutual interest Commission Delegated Regulation (EU) 2024/1041 of 28 November 2023, amending Regulation (EU) 2022/869 of the European Parliament and of the Council as regards the Union list of projects of common interest and projects of mutual interest. (OJ L 107, 26.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_del/2024/1041/oj).

     official amendment document ↗
223. Amendment 223Proposal for a regulation · Annex II – subheading 1
     Current text

     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

     Amendment

     List of technologies, materials, assets, facilities, equipment, networks, systems, services and economic activities of particular importance for the security or public order interests of the Union

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224. Amendment 224Proposal for a regulation · Annex II – point 3 – point a – introductory part
     Current text

     a. Advanced semiconductors technologies:

     Amendment

     a. Semiconductors technologies:

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225. Amendment 225Proposal for a regulation · Annex II – point 3 – point a – indent 1
     Current text

     – microelectroics, including processors

     Amendment

     – design of integrated circuits and other semiconductors, including microprocessors, graphic processors, microcontrollers, logic chips, memory chips, radio frequency chips, photonic chips, analog chips, quantum chips, optical semiconductors, power semiconductors, discretes and sensors / microsystem, as well as related semiconductor intellectual property core

     official amendment document ↗
226. Amendment 226Proposal for a regulation · Annex II – point 3 – point a – indent 2
     Current text

     – photonics (including high energy laser) technologies

     Amendment

     – electronic design automation software for the design of integrated circuits and other semiconductors, or for the design of advanced packaging

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227. Amendment 227Proposal for a regulation · Annex II – point 3 – point a – indent 3
     Current text

     – high frequency chips

     Amendment

     – front-end fabrication of integrated circuits and other semiconductors

     official amendment document ↗
228. Amendment 228Proposal for a regulation · Annex II – point 3 – point a – indent 4
     Current text

     – semiconductor manufacturing equipment at very advanced node sizes

     Amendment

     – assembly, testing and packaging of integrated circuits and other semiconductors, including advanced printed circuit boards and packaging

     official amendment document ↗
229. Amendment 229Proposal for a regulation · Annex II – point 3 – point a – indent 4 a (new)
     Amendment

     – semiconductor manufacturing equipment, both for the front-end and back-end fabrication of integrated circuits and other semiconductors, including etching, deposition, epitaxy, lithography, advanced packaging, testing or metrology tools

     official amendment document ↗
230. Amendment 230Proposal for a regulation · Annex II – point 3 – point a – indent 4 b (new)
     Amendment

     – core components or software of semiconductor manufacturing equipment

     official amendment document ↗
231. Amendment 231Proposal for a regulation · Annex II – point 3 – point a – indent 4 c (new)
     Amendment

     – materials used in the fabrication of integrated circuits and other semiconductors, in particular specialty chemicals, rare gases, semiconductor materials, substrates or wafers

     official amendment document ↗
232. Amendment 232Proposal for a regulation · Annex II – point 3 – point a – indent 4 d (new)
     Amendment

     – data storage and processing equipment and facilities

     official amendment document ↗
233. Amendment 233Proposal for a regulation · Annex II – point 3 – point b – introductory part
     Current text

     b. Artificial intelligence technologies:

     Amendment

     b. Artificial intelligence technologies, meaning any technology or know-how related to a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments (‘AI system’), used for the following applications:

     official amendment document ↗
234. Amendment 234Proposal for a regulation · Annex II – point 3 – point b – indent 1
     Current text

     – high performance computing

     Amendment

     – generative AI systems trained using more than 10^25 FLOPS (floating point operations)

     official amendment document ↗
235. Amendment 235Proposal for a regulation · Annex II – point 3 – point b – indent 2
     Current text

     – cloud and edge computing

     Amendment

     – generative AI systems trained in a significant part on biological/ genomic data, or designed to be used in a biotechnological, space or defence context

     official amendment document ↗
236. Amendment 236Proposal for a regulation · Annex II – point 3 – point b – indent 3
     Current text

     – data analytics technologies

     Amendment

     deleted

     official amendment document ↗
237. Amendment 237Proposal for a regulation · Annex II – point 3 – point b – indent 4
     Current text

     – computer vision, language processing, object recognition

     Amendment

     deleted

     official amendment document ↗
238. Amendment 238Proposal for a regulation · Annex II – point 3 – point e – indent 1
     Current text

     – Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network) and 6G

     Amendment

     – Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network), 5G and 6G, laser and light communication

     official amendment document ↗
239. Amendment 239Proposal for a regulation · Annex II – point 3 – point e – indent 2
     Current text

     – Cyber security technologies incl. cyber-surveillance, security and intrusion systems, digital forensics

     Amendment

     – Cyber security technologies incl. cyber-surveillance, encryption, security and intrusion prevention and detection systems, digital forensics

     official amendment document ↗
240. Amendment 240Proposal for a regulation · Annex II – point 3 – point e – indent 5 a (new)
     Amendment

     – Submarine fibre-optic cables

     official amendment document ↗
241. Amendment 241Proposal for a regulation · Annex II – point 3 – point g – indent 5 a (new)
     Amendment

     – Operational technologies for all transport modes, such as signalling systems, traffic management systems and safety-related technologies

     official amendment document ↗
242. Amendment 242Proposal for a regulation · Annex II – point 3 – point h – introductory part
     Current text

     h. Energy technologies:

     Amendment

     h. Energy technologies, services and infrastructure:

     official amendment document ↗
243. Amendment 243Proposal for a regulation · Annex II – point 3 – point h – indent 1
     Current text

     – Nuclear fusion technologies, reactors and power generation, radi ological conversion/enrichment/recycling technologies

     Amendment

     – Nuclear technologies, reactors and power generation, radiological conversion/enrichment/recycling technologies, nuclear storage and disposal of radioactive waste

     official amendment document ↗
244. Amendment 244Proposal for a regulation · Annex II – point 3 – point h – indent 3
     Current text

     – Net-zero technologies, including photovoltaics

     Amendment

     – Net-zero technologies, including photovoltaics and solar thermal infrastructure, as well as onshore and offshore renewable energy technologies

     official amendment document ↗
245. Amendment 245Proposal for a regulation · Annex II – point 3 – point h – indent 3 a (new)
     Amendment

     – Grid operators (TSOs and DSOs)

     official amendment document ↗
246. Amendment 246Proposal for a regulation · Annex II – point 3 – point h – indent 4
     Current text

     – Smart grids and energy storage, batteries

     Amendment

     – European and cross-border grids, including smart grids and energy storage solutions, batteries, battery technologies for grid applications and renewable energy integration

     official amendment document ↗
247. Amendment 247Proposal for a regulation · Annex II – point 5
     Current text

     5. The following critical entities and activities in the Union’s financial system: central counterparties2 , payment systems and payment institutions3 , electronic money institutions4 , market operators and investment firms that operate a multilateral trading facility or an organised trading facility5 , central securities depositories6 , significant issuers of asset-referenced tokens or e-money tokens and crypto asset service providers operating trading platforms for crypto-assets7 , large institutions8 , global providers of specialised financial messaging services and designated critical ICT third-party service providers9 . __________________ 2 Article 2(1) of Regulation (EU) No 648/2012 of…

     Amendment

     5. The following critical entities and activities in the Union’s financial system: (a) central counterparties or CCPs as defined in Article 2, point (1), of Regulation (EU) No 648/20122; (b) payment systems and payment institutions as defined in Article 4, points (7) and (4) respectively, of Directive (EU) 2015/2366 of the European Parliament and of the Council3; (c) electronic money institutions as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council4; (d) market operators as defined in Article 4(1), point (18), of Directive 2014/65/EU of the European Parliament and of the Council5 and investment firms that operate a multilateral trading fa…

     Excerpt — full text in the official PDF.
     official amendment document ↗
248. Amendment 248Proposal for a regulation · Annex II – point 5 a (new)
     Amendment

     5a. Transport industries, technologies and infrastructure components of critical importance: (a) Aerospace manufacturing industry, including the production, maintenance and operation of aircraft, as well as their engines, propellers, parts, non-installed equipment and equipment1a (b) Maritime technology industry, including, production, maintenance and conversion of all types of ships1b and equipment1c (c) Rail industry, including all aspects of design, manufacturing, maintenance and refurbishment of rail transport systems, subsystems and related equipment1d (d) Automotive industry, including automotive suppliers1e, refuelling infrastructure, including electric charging infrastructure1f and i…

     Excerpt — full text in the official PDF.
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249. Amendment 249Proposal for a regulation · Annex II – point 5 b (new)
     Amendment

     5b. Media services as defined in Article 2, point (1), of Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) that contribute to public opinion formation and are characterised by particular topicality and broad impact.

     official amendment document ↗
250. Amendment 250Proposal for a regulation · Annex II – point 5 c (new)
     Amendment

     5c. Electoral infrastructure: the physical and digital systems, processes, and facilities necessary for the organisation and conduct of elections, including voting systems, voter registration databases and other technological systems ensuring the integrity, accessibility, and security of electoral processes.

     official amendment document ↗
251. Amendment 251Proposal for a regulation · Annex II – point 5 d (new)
     Amendment

     5d. Critical raw materials as listed in Annexes I and II of Regulation (EU) 2024/12521a: – extraction and refining of critical raw materials – recycling and recovery technologies for critical raw materials, particularly from batteries and electronic waste – strategic stockpiling and storage facilities for critical raw materials – supply chain infrastructure for the secure transport and distribution of critical raw materials – research and development into material substitution, processing innovations, and advanced recycling methods __________________ 1aj Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and…

     Excerpt — full text in the official PDF.
     official amendment document ↗
252. Amendment 252Proposal for a regulation · Annex II – point 5 e (new)
     Amendment

     5e. Farming, when the Union target possesses or operates more than 10,000 hectares of farmland.

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253. Amendment 253The LeftProposal for a regulation · Article 1 – paragraph 1
     Current text

     1. This Regulation establishes a Union framework for the screening, by Member States, of foreign investments in their territory, on the grounds of security or public order.

     Amendment

     1. This Regulation establishes a Union framework for the screening by Member States, of foreign investments in their territory, on the grounds of security or public order, the protection of European and Member States' sovereignty and essential interests, good working conditions, preservation of economic and territorial cohesion, protection of environmental standards and the fight against tax evasion.

     official amendment document ↗
254. Amendment 254The LeftProposal for a regulation · Article 13 – paragraph 3 – point b a (new)
     Amendment

     (b a) the social impact with regard to labour market disruption, job losses or deterioration of working conditions;

     official amendment document ↗
255. Amendment 255The LeftProposal for a regulation · Article 13 – paragraph 4 – point a a (new)
     Amendment

     (a a) whether the foreign investor or any of the subsidiaries of the foreign investor do not respect core labour or environmental standards and international agreements on sustainable development in their domestic or foreign operations;

     official amendment document ↗
256. Amendment 256The LeftProposal for a regulation · Article 13 – paragraph 4 – point c a (new)
     Amendment

     (c a) whether the foreign investor respects applicable Union law regarding due diligence (Directive (EU) 2019/1937);

     official amendment document ↗
257. Amendment 257PfEProposal for a regulation · Recital 15
     Current text

     (15) The common framework set out in this Regulation should be without prejudice to the sole responsibility of Member States to safeguard their national security as provided for in Article 4(2) TEU. It should also be without prejudice to the protection of their essential security interests in accordance with Article 346 TFEU.

     Amendment

     (15) The common framework set out in this Regulation is without prejudice to the sole responsibility of Member States to safeguard their national security in accordance with Article 4(2) TEU. Each Member State retains full discretion to define and protect its essential security interests. It is also without prejudice to the protection of essential security interests under Article 346 TFEU.

     official amendment document ↗
258. Amendment 258PfEProposal for a regulation · Recital 23 a (new)
     Amendment

     (23 a) The Regulation should in no way confer upon the Commission any autonomous investigative powers vis-à-vis foreign investors or targeted companies. The examination of cases should remain the exclusive competence of the relevant authorities of the Member States.

     official amendment document ↗
259. Amendment 259PfEProposal for a regulation · Recital 26 a (new)
     Amendment

     (26 a) Opinions issued by the Commission within the framework of the cooperation mechanism should in no case substitute for the sovereign decision of the Member State concerned, nor should they have any binding effect on the outcome of the screening.

     official amendment document ↗
260. Amendment 260PfEProposal for a regulation · Article 12 – paragraph 4
     Current text

     4. The Commission shall provide a secure and encrypted system to support the exchange of information between the contact points.

     Amendment

     4. Member States shall establish a secure and encrypted system enabling the exchange of information among themselves. Those national systems shall be interoperable with one another, in accordance with technical standards jointly agreed by the Member States. The Commission may provide technical support.

     official amendment document ↗
261. Amendment 261PfEProposal for a regulation · Annex II – point 3 – introductory part
     Current text

     3. The following critical technology areas for the EU’s economic security annexed to Commission Recommendation (EU) 2023/2113 of 3 October 2023 on critical technology areas for the EU’s economic security for further risk assessment with Member States:

     Amendment

     3. The following critical technological areas, which are most likely to pose the most sensitive and immediate risks in terms of technology security and technology leakage, as identified by Commission Recommendation (EU) 2023/2113 of 3 October 2023 on critical technology areas for the Union's economic security for the purpose of in-depth risk assessment with the Member States:

     official amendment document ↗
262. Amendment 262ECRProposal for a regulation · Recital 28
     Current text

     (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 t…

     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 due 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 due consideration. The final decision on foreign investments should remain the sol…

     Excerpt — full text in the official PDF.
     official amendment document ↗
263. Amendment 263ECRProposal for a regulation · Recital 36
     Current text

     (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 mitiga…

     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 due 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…

     Excerpt — full text in the official PDF.
     official amendment document ↗
264. Amendment 264ECRProposal for a regulation · Article 4 – paragraph 3
     Current text

     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.

     Amendment

     3. Before taking a decision to authorise a foreign investment subject to mitigating measures or to prohibit a foreign investment, Member States shall give the parties subject to the intended screening decision the opportunity to make their views known effectively.

     official amendment document ↗
265. Amendment 265ECRProposal for a regulation · Article 7 – paragraph 5
     Current text

     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.

     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 due consideration to such a comment or opinion.

     official amendment document ↗
266. Amendment 266ECRProposal for a regulation · Article 7 – paragraph 6
     Current text

     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 a…

     Amendment

     6. Following the receipt of a comment pursuant to paragraph 1, the Member State may 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 may also be invited to discuss whether the intended outcomes are compatible with one another and, where applicable, the intended conditions are able to addre…

     Excerpt — full text in the official PDF.
     official amendment document ↗
267. Amendment 267ECRProposal for a regulation · Article 7 – paragraph 8 – point a
     Current text

     (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;

     Amendment

     (a) notify the operative part of 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;

     official amendment document ↗
268. Amendment 268ECRProposal for a regulation · Article 7 – paragraph 8 – point b
     Current text

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

     Amendment

     deleted

     official amendment document ↗
269. Amendment 269ECRProposal for a regulation · Article 7 – paragraph 8 – point b – point i
     Current text

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

     Amendment

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

     official amendment document ↗
270. Amendment 270ECRProposal for a regulation · Article 7 – paragraph 9
     Current text

     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…

     Amendment

     deleted

     Excerpt — full text in the official PDF.
     official amendment document ↗
271. Amendment 271ECRProposal for a regulation · Article 9 – paragraph 7 – point a
     Current text

     (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.

     Amendment

     deleted

     official amendment document ↗
272. Amendment 272ECRProposal for a regulation · Article 10 – paragraph 6
     Current text

     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.

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273. Amendment 273ECRProposal for a regulation · Article 11 – paragraph 4
     Current text

     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 M…

     Amendment

     4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and give due 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 Memb…

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274. Amendment 274ECRProposal for a regulation · Article 19
     Current text

     Article 19 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 s…

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275. Amendment 275ECRProposal for a regulation · Article 20
     Current text

     Article 20 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 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]. 3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affe…

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276. Amendment 276ECRProposal for a regulation · Article 21
     Current text

     Article 21 Committee procedure for implementing acts 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). 2. Implementing acts referred to in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

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277. Amendment 277The LeftProposal for a regulation · Recital 35
     Current text

     (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…

     Amendment

     (35) The screening to be carried out by the Member States should take account of criteria such as: 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; the social impact with regard to labour market disruption, job losses or deterioration of working conditions in the Member States in question or another Member State as a result of the foreign…

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278. Amendment 278The LeftProposal for a regulation · Recital 37
     Current text

     (37) To support the implementation of the cooperation mechanism and to foster the exchange of good practices among Member States, the expert group on the screening of foreign investments set up pursuant to Regulation (EU) 2019/452 should be maintained.

     Amendment

     (37) To support the implementation of the cooperation mechanism and to foster the exchange of good practices among Member States, the expert group on the screening of foreign investments set up pursuant to Regulation (EU) 2019/452 should be maintained and broadened to include trade unions.

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279. Amendment 279The LeftProposal for a regulation · Article 2 – paragraph 1 – point 15
     Current text

     (15) ‘screening authority’ or ‘screening authorities’ means the authority or authorities designated by a Member State to screen foreign investments;

     Amendment

     (15) ‘screening authority’ or ‘screening authorities’ means the national authority or authorities of a Member State to screen foreign investments;

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280. Amendment 280The LeftProposal for a regulation · Article 4 – paragraph 2 – point i a (new)
     Amendment

     (ia) The screening authorities must consult the relevant stakeholders, including trade unions, at all key stages when determining the impact, particularly the socio-economic consequences, of a foreign investment.

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281. Amendment 281The LeftProposal for a regulation · Article 7 – paragraph 5
     Current text

     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.

     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 consideration to such a comment or opinion.

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282. Amendment 282The LeftProposal for a regulation · Article 7 – paragraph 6
     Current text

     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 a…

     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 a…

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283. Amendment 283The LeftProposal for a regulation · Article 7 – paragraph 8 – point b i
     Current text

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

     Amendment

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

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284. Amendment 284The LeftProposal for a regulation · Article 7 – paragraph 8 – point b ii
     Current text

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

     Amendment

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

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285. Amendment 285The LeftProposal for a regulation · Article 7 – paragraph 9
     Current text

     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…

     Amendment

     9. Where the Member States indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give 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 may organise a meeting to find solutions deemed suitable. 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 may be invited to any meetings organised pursuant to this paragraph.

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286. Amendment 286The LeftProposal for a regulation · Article 9 – paragraph 3
     Current text

     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.

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287. Amendment 287The LeftProposal for a regulation · Article 9 – paragraph 4
     Current text

     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.

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288. Amendment 288The LeftProposal for a regulation · Article 9 – paragraph 5
     Current text

     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 Memb…

     Amendment

     5. The Member States 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 sen…

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289. Amendment 289The LeftProposal for a regulation · Article 11 – paragraph 4
     Current text

     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 M…

     Amendment

     4. Member States shall ensure that their screening mechanisms give sufficient time and means to assess and give 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 S…

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290. Amendment 290The LeftProposal for a regulation · Article 13 – paragraph 3 – point a
     Current text

     (a) the security, integrity and functioning of critical infrastructure, whether physical or virtual; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21. The results of the Union level coordinated security risk assessments of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall also be taken into account. ; _…

     Amendment

     (a) the security, integrity and functioning of critical infrastructure, whether physical or virtual, or essential public services; in that context, based on the information available, it shall also be assessed whether the foreign investment is likely to negatively affect the resilience of any of the critical entities they have identified under Directive (EU) 2022/2557 of the European Parliament and of the Council20 as well as entities in scope of Directive (EU) 2022/2555 of the European Parliament and of the Council21. The results of the Union level coordinated security risk assessments of critical supply chains carried out in accordance with Article 22(1) of Directive (EU) 2022/2555 shall a…

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291. Amendment 291The LeftProposal for a regulation · Article 13 – paragraph 3 – point c a (new)
     Amendment

     (ca) the social impact with regard to labour market disruption, job losses or deterioration of working conditions;

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292. Amendment 292The LeftProposal for a regulation · Article 13 – paragraph 3 – point c b (new)
     Amendment

     (cb) the environmental risks in the Member States concerned or in another Member State owing to the foreign investment;

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293. Amendment 293The LeftProposal for a regulation · Article 13 – paragraph 3 – point c c (new)
     Amendment

     (cc) the safeguarding of the public interest in the production of goods and the provision of essential services;

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294. Amendment 294The LeftProposal for a regulation · Article 13 – paragraph 3 – point c d (new)
     Amendment

     (cd) the safeguarding of public control in strategically important sectors, such as energy, telecommunications, banking or insurance, and in essential public services, such as health, education and social security systems;

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295. Amendment 295The LeftProposal for a regulation · Article 13 – paragraph 3 – point c e (new)
     Amendment

     (ce) consumer protection;

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296. Amendment 296The LeftProposal for a regulation · Article 14 – paragraph 1 – subparagraph -1 (new)
     Amendment

     -1. Screening decisions for the validation of a foreign investment shall be the exclusive and sovereign competence of the Member State in question.

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297. Amendment 297The LeftProposal for a regulation · Article 19
     Current text

     Article 19 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 s…

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298. Amendment 298The LeftProposal for a regulation · Article 20
     Current text

     Article 20 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 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]. 3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affe…

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299. Amendment 299INTAProposal for a regulation

     Replaces or inserts a longer passage — full text in the official document.

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300. Amendment 300INTADraft legislative resolution · Paragraph 1 a (new)
     Amendment

     1a. Approves the joint statement by Parliament and the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union;

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