The screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council

Wording as published by the EP, in English.

1. Amendment 254Rejected

   Article 13 – paragraph 3 – point b a (new)

   Tabled by Marina Mesure · The Left

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

2. Amendment 257Rejected

   Recital 15

   Tabled by Christophe Bay, Sebastian Kruis, Isabella Tovaglieri +2 · PfE

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

3. Amendment 258Rejected

   Recital 23 a (new)

   Tabled by Christophe Bay, Sebastian Kruis, Isabella Tovaglieri +2 · PfE

   Added: (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.

4. Amendment 259Rejected

   Recital 26 a (new)

   Tabled by Christophe Bay, Sebastian Kruis, Isabella Tovaglieri +2 · PfE

   Added: (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.

5. Amendment 270Rejected

   Article 7 – paragraph 9

   Tabled by Francesco Torselli, Daniele Polato · ECR

   Removed: 9. Where the Member States or the Commission indicate that the screening decision referred to in paragraph 8, subparagraph (a), of this Article does not give utmost consideration to their comments provided pursuant to pursuant to paragraph 1 or the opinion provided pursuant to paragraph 2 or 3, the Member State where the investment is planned or completed shall organise a meeting to explain the obstacles encountered or the reasons for disagreement and shall endeavour to identify solutions, should a similar situation arise in the future. Where the screening decision concerns a multi-country notification, the other Member States who notified the foreign investment to the cooperation mechanism shall also be invited. The Commission shall be invited to any meetings organised pursuant to this paragraph. Added: deleted

6. Amendment 274Rejected

   Article 19

   Tabled by Francesco Torselli, Daniele Polato · ECR

   Removed: 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 set out in Annex II to take account of changes in the circumstances relevant to the security or public order interests of the Union. In particular, these considerations shall include the following: (a) the resilience of supply chains of particular importance for the security or public order interests of the Union; (b) the resilience of infrastructures of particular importance for the security or public order interests of the Union; (c) the advancement of technologies of particular importance for security or public order of the Union; (d) the emergence of vulnerabilities in relation to access to or other forms of processing of sensitive information, including personal data to the extent they are likely to negatively affect the security or public order interests of the Union; and (e) the emergence of a geopolitical situation of particular importance for security or public order of the Union. Added: deleted

7. Amendment 277Rejected

   Recital 35

   Tabled by João Oliveira · The Left

   (35) Removed: 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 Added: 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 Removed: infrastructure, Added: infrastructure; the availability of critical technologies (including key enabling technologies) and the continued … in one or more Member States or on the Union as a Removed: whole. Added: 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 investment; the environmental risks in the Member States in question or in another Member State owing to the foreign investment; the safeguarding of the public interest in the production of goods and provision of essential services, the public interest in the production of commodities and the provision of essential services, public control in strategically important sectors, such as energy, telecommunications, banking or insurance, and in essential public services, such as health, education or social security systems; consumer protection. In that regard, Member States and the Commission should also take into …

8. Amendment 278Rejected

   Recital 37

   Tabled by João Oliveira · The Left

   … of foreign investments set up pursuant to Regulation (EU) 2019/452 should be Removed: maintained. Added: maintained and broadened to include trade unions.

9. Amendment 279Rejected

   Article 2 – paragraph 1 – point 15

   Tabled by João Oliveira · The Left

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

10. Amendment 280Rejected

    Article 4 – paragraph 2 – point i a (new)

    Tabled by João Oliveira · The Left

    Added: (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.

11. Amendment 292Rejected

    Article 13 – paragraph 3 – point c b (new)

    Tabled by João Oliveira · The Left

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

12. Amendment 294Rejected

    Article 13 – paragraph 3 – point c d (new)

    Tabled by João Oliveira · The Left

    Added: (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;

13. Amendment 298Rejected

    Article 20

    Tabled by João Oliveira · The Left

    Removed: 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 affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 19 shall enter into force only if no objection has been expressed by the European Parliament or the Council within 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months on the initiative of the European Parliament or of the Council. Added: deleted