AMENDMENTS 74 - 193 - Draft report Establishing a framework for screening of foreign direct investments into the European Union

Version initale

(16) Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, the Commission should have the possibility to address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States should take utmost account of the opinion and provide an explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member Statesthe information necessary for its screening of such investment.

Amendement

(16) Where the Commission or one or more Member States considers that a foreign direct investment is likely to affect the security and public order of one or more Member States, or projects or programmes of Union interest on grounds of security or public order, or is likely to be directly or indirectly undertaken with the aim of acquiring key enabling technologies or knowledge and to be part of a state-led industrial policy strategy in support of strategic national interests, the Commission should have the possibility to screen and restrict the foreign direct investment. The Commission shall take utmost account of the opinion of the Member States concerned and provide an explanation to the Member State if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States, the investor and the targeted company as well as the information necessary for its screening of such investment.