Changes from adopted text to adopted text

RemovedArticle 18 – paragraph 1: 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 be amended in order to ensure a consistent approach to the screening of foreign investments, taking into consideration the criteria set out in Article 13(3) and (4), including the security of military facilities and other sensitive public facilities. The report shall also assess the compliance costs faced by businesses.

RemovedArticle 19 – paragraph 2 – introductory part: 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:

RemovedArticle 19 – paragraph 2 – point b a (new): (ba) the results of relevant risk assessments undertaken by the Commission and Member States under the Union Economic Security Strategy;

RemovedArticle 19 – paragraph 2 a (new): 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.

RemovedArticle 20 – paragraph 2: 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.

RemovedArticle 21 – paragraph 1: deleted

RemovedArticle 21 – paragraph 2: 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).

RemovedArticle 23 – paragraph 1: Regulation (EU) 2019/452 is repealed with effect from ... [12 months from the date of entry into force of this Regulation].

RemovedArticle 24 – paragraph 2: It shall apply from ... [12 months from the date of entry into force of this Regulation].

RemovedArticle 24 – paragraph 2 a (new): 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.

RemovedAnnex I – point 7 – paragraph 2: 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 2024/1679, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1679/oj).

RemovedAnnex I – point 17 a (new): 17a. European Defence Industry Programme (EDIP) / [Reference to be added once the Regulation has been adopted.]

RemovedAnnex I – point 20 a (new): 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, 2024/1041, 8.4.2024, p. 1, ELI: http://data.europa.eu/eli/reg_del/2024/1041/oj).

RemovedAnnex II – subheading 1: 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

RemovedAnnex II – point 3 – point a – introductory part: a. Semiconductors technologies:

RemovedAnnex II – point 3 – point a – indent 1: – 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

RemovedAnnex II – point 3 – point a – indent 2: – electronic design automation software for the design of integrated circuits and other semiconductors, or for the design of advanced packaging

RemovedAnnex II – point 3 – point a – indent 3: – front-end fabrication of integrated circuits and other semiconductors

RemovedAnnex II – point 3 – point a – indent 4: – assembly, testing and packaging of integrated circuits and other semiconductors, including advanced printed circuit boards and packaging

RemovedAnnex II – point 3 – point a – indent 4 a (new): – 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

RemovedAnnex II – point 3 – point a – indent 4 b (new): – core components or software of semiconductor manufacturing equipment

RemovedAnnex II – point 3 – point a – indent 4 c (new): – materials used in the fabrication of integrated circuits and other semiconductors, in particular specialty chemicals, rare gases, semiconductor materials, substrates or wafers

RemovedAnnex II – point 3 – point a – indent 4 d (new): – data storage and processing equipment and facilities

RemovedAnnex II – point 3 – point b – introductory part: 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:

RemovedAnnex II – point 3 – point b – indent 1: – generative AI systems trained using more than 10^25 FLOPS (floating point operations)

RemovedAnnex II – point 3 – point b – indent 2: – generative AI systems trained in a significant part on biological/ genomic data, or designed to be used in a biotechnological, space or defence context

RemovedAnnex II – point 3 – point b – indent 3: deleted

RemovedAnnex II – point 3 – point b – indent 4: deleted

RemovedAnnex II – point 3 – point e – indent 1: – Secure digital communications and connectivity, such as RAN & Open RAN (Radio Access Network), 5G and 6G, laser and light communication

RemovedAnnex II – point 3 – point e – indent 2: – Cyber security technologies incl. cyber-surveillance, encryption, security and intrusion prevention and detection systems, digital forensics

RemovedAnnex II – point 3 – point e – indent 5 a (new): – Submarine fibre-optic cables

RemovedAnnex II – point 3 – point g – indent 5 a (new): – Operational technologies for all transport modes, such as signalling systems, traffic management systems and safety-related technologies

RemovedAnnex II – point 3 – point h – introductory part: h. Energy technologies, services and infrastructure:

RemovedAnnex II – point 3 – point h – indent 1: – Nuclear technologies, reactors and power generation, radiological conversion/enrichment/recycling technologies, nuclear storage and disposal of radioactive waste

RemovedAnnex II – point 3 – point h – indent 3: – Net-zero technologies, including photovoltaics and solar thermal infrastructure, as well as onshore and offshore renewable energy technologies

RemovedAnnex II – point 3 – point h – indent 3 a (new): – Grid operators (TSOs and DSOs)

RemovedAnnex II – point 3 – point h – indent 4: – European and cross-border grids, including smart grids and energy storage solutions, batteries, battery technologies for grid applications and renewable energy integration

RemovedAnnex II – point 5: 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 facility or an organised trading facility; / (e) central securities depositories as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council6; / (f) significant issuers of asset-referenced tokens or e-money tokens and crypto asset service providers operating trading platforms for crypto-assets as defined in Article 3(1), points (10), (6), (7), (15) and (18), respectively, of Regulation (EU) 2023/1114 of the European Parliament and of the Council7; / (g) large institutions as defined in Article 4(1), point (146), of Regulation (EU) No 575/2013 of the European Parliament and of the Council8; / (h) global providers of specialised financial messaging services and designated critical ICT third-party service providers as defined in Ar…

RemovedAnnex II – point 5 a (new): 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 intelligent transport systems (ITS)1g / 1a Article 2.1 (a) (b) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91. / 1b Article 12 (a, b, c) Framework of State Aid to Shipbuilding O2011/C 364/06). / 1c Article 2 (1) Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipme…

RemovedAnnex II – point 5 b (new): 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.

RemovedAnnex II – point 5 c (new): 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.

RemovedAnnex II – point 5 d (new): 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 / 1a Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).

RemovedAnnex II – point 5 e (new): 5e. Farming, when the Union target possesses or operates more than 10,000 hectares of farmland.