脚注：
[1] New initiatives to strengthen economic security (europa.eu)
[2] Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the screening of foreign investments in the Union and repealing Regulation (EU) 2019/452 of the European Parliament and of the Council
https://circabc.europa.eu/ui/group/aac710a0-4eb3-493e-a12a-e988b442a72a/library/f5091d46-475f-45d0-9813-7d2a7537bc1f/details?download=true
[3] Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union
https://eur-lex.europa.eu/eli/reg/2019/452/oj
[4] 现行欧盟外商投资审查条例第1.3条：Nothing in this Regulation shall limit the right of each Member State to decide whether or not to screen a particular foreign direct investment within the framework of this Regulation.
现行欧盟外商投资审查条例第3.1条：In accordance with this Regulation, Member States may maintain, amend or adopt mechanisms to screen foreign direct investments in their territory on the grounds of security or public order.
[5] 欧盟外商投资审查条例修订草案第3条：
Establishment of screening mechanisms
第3.1条：Member States shall establish a screening mechanism in accordance with this Regulation.
…
第3.3条：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
[6] https://www.oecd.org/daf/inv/investment-policy/Investment-policy-monitoring-April-2023.pdf
[7] 现行欧盟外商投资审查条例第2条：
Definitions
‘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 the entrepreneur to whom or the undertaking to which the capital is made available in order to carry on an economic activity in a Member State, including investments which enable effective participation in the management or control of a company carrying out an economic activity;
[8] 欧盟外商投资审查条例修订草案第2条：
Definitions
(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;
(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;
[9] 在Xella案中，Xella（一家直接母公司设立在德国，间接母公司设立在卢森堡和百慕大的匈牙利公司）希望收购Janes（一家从事提取砾石、沙子和粘土等原材料业务的匈牙利公司），匈牙利创新与科技部依照匈牙利外商投资审查制度，以允许注册于百慕大的公司持有专业制造原材料的匈牙利公司将影响匈牙利国家利益为由，拒绝了Xella的外商投资申报。Xella对此通过司法途径提出异议，匈牙利法院将该案提交至欧洲法院请求初步裁定。
[10] 欧盟外商投资审查条例修订草案第4.4条：Member States shall ensure that their screening mechanisms impose an authorization requirement for foreign investments where the Union target established in their territory:
(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 Council 19, or
(b) is economically active in one of the areas listed in Annex II.
[11] 现行欧盟外商投资审查条例第4条：
Factors that may be taken into consideration by Member States or the Commission
In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may consider its potential effects on, inter alia:
(a) critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
(b) critical technologies and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009 (15), including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
(c) supply of critical inputs, including energy or raw materials, as well as food security;
(d) access to sensitive information, including personal data, or the ability to control such information; or
(e) the freedom and pluralism of the media
[12] 欧盟外商投资审查条例修订草案第13.4条：
Determination of likely negative impact on security and public order
4. When determining whether an investment is likely to negatively affect security or public order, the Member States or the Commission shall also take into account information related to the foreign investor, including:
(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 authorized or was only authorized with conditions…;
…
(c) whether the foreign investor or any of its subsidiaries has already been involved in activities negatively affecting the security or public order in a Member State;
(d) whether the foreign investor or any of its subsidiaries has engaged in illegal or criminal activities;
(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.
[13] 现行欧盟外商投资审查条例第9条：
Information requirements
2. …
(a) the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed, including information on the ultimate investor and participation in the capital;
(b) the approximate value of the foreign direct investment;
(c) the products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed;
(d) the Member States in which the foreign investor and the undertaking in which the foreign direct investment is planned or has been completed conduct relevant business operations;
(e) the funding of the investment and its source, on the basis of the best information available to the Member State;
(f) the date when the foreign direct investment is planned to be completed or has been completed.
4. The Member State where the foreign direct investment is planned or has been completed may request the foreign investor or the undertaking in which the foreign direct investment is planned or has been completed to provide the information referred to in paragraph 2. The foreign investor or the undertaking concerned shall provide the information requested without undue delay.
[14] 欧盟外商投资审查条例修订草案第10条：
Information requirements
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:
(a) the name of the investor, the global ultimate owner of the investor and the Union target, the ownership structure of the investor and, where applicable, of the corporate group to which the investor is a part;
(b) a comprehensive description of the investment, its value and information on the ownership of the Union target, before and after the foreign investment, on the funding of the investment and its source, on the basis of the best information available to the Member State;
(c) name and address of the Union target, its activities and alternative providers, the ownership structure of the Union target and, where applicable, of the corporate group to which the Union target is a part;
(d) if applicable, information about the other legal entities of the same corporate group as the Union target that are located in other Member States;
(e) activities of the foreign investor, its name and address; and
(f) the date when the foreign investment is planned to be completed or has been completed.
[15] 欧盟外商投资审查条例修订草案第6条：
Content and procedures for notification of foreign investments
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 meeting any of the conditions set out in Article 5(1), the respective Member States shall send their notifications to the cooperation mechanism on the same day and within the deadline laid down in point (a) of paragraph 1 of this Article;
(d) if the requests for authorisation concern a foreign investment meeting the conditions set out in Article 5(2), the respective Member States shall endeavour to send their notifications to the cooperation mechanism on the same day.
[16] 欧盟外商投资审查条例修订草案第9条：
Own Initiative Procedure
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.
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.
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.
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.
[17] https://www.europarl.europa.eu/infographic/legislative-procedure/index_en.html#step5-statistics
