### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult the permanent stakeholders’ group , in particular the european standardisation organisations , and all other relevant stakeholders in a formal , standardised and transparent process , and closely cooperate with the group . the group and all other relevant stakeholders shall provide enisa with the assistance and expert advice in relation to the preparation of the candidate scheme , including by providing opinions .


### enisa shall transmit the candidate european cybersecurity certification scheme prepared in accordance with paragraph 2 of this article to the commission . ### upon approval by the group of the candidate european cybersecurity certification scheme , enisa shall , after consulting the permanent stakeholders’ group , transmit the candidate scheme prepared in accordance with paragraph 2 of this article to the commission .


### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , the following security objectives : ### a european cybersecurity certification scheme shall be so designed as to take into account , as applicable , the following security objectives :


### subject - matter and scope of the certification , including the type or categories of ict products and services covered ; ### subject - matter and scope of the certification scheme , including the type or categories of ict products , processes and services covered , such certification being specific to one or more sector or applying on a horizontal basis ;


### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; ### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , by reference to international , european or national standards or technical specifications followed in the evaluation and certification process ;


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national or international cybersecurity certification schemes covering the same type or categories of ict products , services , processes , security requirements and evaluation criteria and methods ;


### where a specific union act so provides , certification under a european cybersecurity certification scheme may be used to demonstrate the presumption of conformity with requirements of that act . ### where a specific union act so provides , certification under a european cybersecurity certification scheme may be used as an alternative means to demonstrate the presumption of conformity with requirements of that act .


### the natural or legal person which submits its ict products or services to the certification mechanism shall provide the conformity assessment body referred to in article 51 with all information necessary to conduct the certification procedure . ### the natural or legal person which submits its ict products , services or processes to the certification mechanism shall provide the conformity assessment body referred to in article 51 with all information necessary to conduct the certification procedure , including information on any known security vulnerabilities .


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for the period established in the relevant european cybersecurity certification scheme and may be renewed , under the same conditions , provided that the requirements of that european cybersecurity certification scheme , including any revised or amended requirements , continue to be met .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products , services and processes covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist .


### handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ; ### handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories or any self - declaration of conformity issued under a scheme for a product or service with a ' functionally secure ' assurance level in relation to certificates issued by conformity assessment bodies established in their territories , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ;


### “the priorities established for each of the esi funds in the fund specific rules shall in particular cover the appropriate use of each fund in the areas of migration and asylum . ” ### “the priorities established for each of the esi funds in the fund specific rules shall in particular cover the appropriate use of each fund in the areas of migration and asylum , in particular in relation to the reception of asylum seekers and the participation in the corrective allocation mechanism under the dublin regluation . ”


### “an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient , including as appropriate an assessment of the need for , and level of , differentiated treatment to attract counterpart resources from private investors and / or a description of the mechanisms which will be used to establish the need for , and extent of , such differentiated treatment , such as a competitive or appropriately independent assessment process ; ” ### “an estimate of additional public and private resources to be potentially raised by the financial instrument down to the level of the final recipient , including as appropriate an assessment of the need for , and extent of , differentiated treatment to attract counterpart resources from private investors and / or a description of the mechanisms which will be used to establish the need for , and extent of , such differentiated treatment , such as a competitive or appropriately independent assessment process ; ”


### “8 . final recipients supported by an esi fund financial instrument may also receive assistance from another esi funds priority or programme or from another instrument supported by the budget of the union in accordance with applicable union state aid rules . in that case , separate records shall be maintained for each source of assistance and the esi funds financial instrument support shall be part of an operation with eligible expenditure distinct from the other sources of assistance . ” ### paragraph 8 is replaced by the following : “8 . final recipients supported by an esi fund financial instrument may also receive assistance from another esi funds priority or programme or from another instrument supported by the budget of the union or from the european fund for strategic investments , in accordance with applicable union state aid rules . in that case , separate records shall be maintained for each source of assistance and the esi funds financial instrument support shall give rise to eligible expenditure distinct from the other sources of assistance . ”


### “financial instruments allowing for the combination of such contribution with eib financial products under the european fund for strategic investment . ” ### “financial instruments combining such contribution with eib financial products under the european fund for strategic investment in accordance with article 39a . ”


### contribution of esi funds to financial instruments allowing for the combination of such contribution with eib financial products under the european fund for strategic investments ### contribution of esi funds to financial instruments combining contribution with eib financial products under the european fund for strategic investments


### a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis , which fulfils all the following conditions : ### a publicly - owned bank or institution , established as a legal entity carrying out financial activities on a professional basis , which fulfils all the following conditions :


### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , to carry out economic development activities contributing to the objectives of the esi funds ; ### –operates under a public policy mandate given by the relevant authority of a member state at national or regional level , which should include carrying out economic development activities contributing to the objectives of the esi funds ;


### –carries out its development activities in regions , policy areas and sectors for which access to funding from market sources is not generally available or sufficient ; ### –carries out its activities including development in regions , policy areas or sectors for which access to funding from market sources is not generally available or sufficient ;


### –is subject to the supervision of an independent authority in accordance with national law . ### –is subject to the supervision of an independent authority in accordance with applicable law .


### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria , as set out in eu legislation including commission recommendations and communications or or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ” ### “when implementing the financial instrument , the bodies referred to in points to of the first subparagraph shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in practices not complying with eu tax good governance principles , as set out in the union legislation . in this context , the bodies implementing financial instruments shall take the utmost account of the policies of the union . they shall not be established and , in relation to the implementation of the financial instruments shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial instruments . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial instruments under such agreements . ”


### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 2 of this article shall ensure compliance with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in tax avoidance structures , in particular aggressive tax planning schemes or practices not complying with tax good governance criteria as set out in eu legislation including commission recommendations and communications or any formal notice by the latter . they shall not be established and , in relation to the implementation of the financial operations shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial operations . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial operations under such agreements . ### when implementing financial instruments under point of article 38 , the bodies referred to in paragraph 5 of this article shall comply with applicable law , including rules covering the esi funds , state aid , public procurement and relevant standards and applicable legislation on the prevention of money laundering , the fight against terrorism , tax fraud and tax evasion . those bodies shall not make use of or engage in practices not complying with eu tax good governance principles , as set out in the union legislation . in this context , the bodies implementing financial instruments shall take the utmost account of the policies of the union . they shall not be established and , in relation to the implementation of the financial instruments shall not maintain business relations with entities incorporated in jurisdictions that do not co - operate with the union in relation to the application of the internationally agreed tax standards on transparency and exchange of information . those bodies may , under their responsibility , conclude agreements with financial intermediaries for the implementation of financial instruments . they shall transpose requirements referred to in this paragraph in their contracts with the financial intermediaries selected to participate in the execution of financial instruments under such agreements .


### member states may use esi funds to provide a contribution to financial instruments referred to in point of article 38 to attract additional private sector investment . ### managing authorities in coordination with monitoring committees may use esi funds to provide a contribution to financial instruments referred to in point of article 38 to attract additional private sector investment .


### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed regions referred to in point of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment covering a multiple amount of new loans . ### the contribution referred to in paragraph 1 shall not exceed 25 % of the total support provided to final recipients . in the less developed and transition regions referred to in point , and of article 120 , the financial contribution may exceed 25% where duly justified by the ex - ante assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article , but shall not exceed 50% . the total support referred to in this paragraph shall comprise the total amount of new loans and guaranteed loans as well as equity and quasi - equity investments provided to final recipients . the guaranteed loans referred to in this paragraph shall only be taken into account to the extent that esi funds resources are committed for guarantee contracts calculated on the basis of a prudent ex ante risk assessment or preparatory assessment undertaken by the eib under paragraph 3 of this article covering a multiple amount of new loans .


### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation , supplemented by the additional information required under article 46 . ### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation . requirements under this paragraph shall allow for uniform reporting conditions in accordance with article 46 of this regulation .


### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation , supplemented by the additional information required under article 46 . ### reporting by managing authorities under article 46 on operations comprising financial instruments under this article shall be based on the information kept by the eib for the purposes of its reporting pursuant to article 16 and of the efsi regulation , supplemented by the additional information required under article 46 . requirements under this paragraph shall allow for uniform reporting conditions in accordance with article 46 of this regulation .


### entrust implementation tasks to a financial institution , which shall either open a fiduciary account in its name and on behalf of the managing authority or set up a separate block of finance within the financial institution for programme contribution . in the case of a separate block of finance , an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the financial institution . the assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity . ### entrust implementation tasks to a body , which shall either open a fiduciary account in its name and on behalf of the managing authority or set up a separate block of finance within the financial institution for programme contribution . in the case of a separate block of finance , an accounting distinction shall be made between programme resources invested in the financial instrument and the other resources available in the financial institution . the assets held on fiduciary accounts and such separate blocks of finance shall be managed in accordance with the principle of sound financial management following appropriate prudential rules and shall have appropriate liquidity .


### where managing authorities contribute esi funds programme resources to an existing instrument under point of article 38 , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager through the award of a direct contract . ### where managing authorities or another entity contribute esi funds programme resources to an existing instrument under point of article 38 , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager or financial intermediary through the award of a direct contract .


### where managing authorities contribute esi funds programme resources to an existing instrument under point of article 38 , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager through the award of a direct contract . ### where , for the purpose of implementing financial instruments referred to under point of article 38 , managing authorities contribute esi funds programme resources to an existing instrument , the fund manager of which has already been selected by the eib , international financial institutions in which a member state is a shareholder , or a publicly - owned bank or financial institution , established as a legal entity carrying out financial activities on a professional basis and fulfilling the conditions set out under article 38 , they shall entrust implementation tasks to this fund manager through the award of a direct contract .


### the commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports of the first sub - paragraph of this paragraph . ### the commission shall be empowered to adopt an implementing act concerning the models for the control reports and the annual audit reports of the third sub - paragraph of this paragraph .


### subsequent applications for interim payment submitted during the eligibility period shall only be made : for the second application for interim payment , when at least 60 % of the amount included in the first application for interim payments has been spent as eligible expenditure within the meaning of points , and of article 42 ; for the third and subsequent applications for interim payment , when at least 85 % of the amounts included in the previous applications for interim payments have been spent as eligible expenditure within the meaning of points , and of article 42 ; ### in article 41 , paragraph 1 , point c is replaced by the following : “second and subsequent applications for interim payments submitted during the eligibility period shall only be made , when at least 60% of the amount included in the previous application for interim payments has been spent as eligible expenditure within the meaning of points , and of article 42 . ”


### in the case of equity - based instruments targeting enterprises referred to in article 37 for which the funding agreement referred to in point of article 38 was signed before 31 december 2017 , which by the end of the eligibility period invested at least 55 % of the programme resources committed in the relevant funding agreement , a limited amount of payments for investments in final recipients to be made for a period not exceeding four years after the end of eligibility period may be considered as eligible expenditure , when paid into an escrow account specifically set up for that purpose , provided that state aid rules are complied with and that all of the conditions set out below are fulfilled . ### in article 42 , paragraph 3 , the first subparagraph is replaced by the following : “ in the case of equity - based instruments targeting enterprises referred to in article 37 for which the funding agreement referred to in point of article 38 was signed before 31 december 2018 , which by the end of the eligibility period invested at least 55 % of the programme resources committed in the relevant funding agreement , a limited amount of payments for investments in final recipients to be made for a period not exceeding five years after the end of eligibility period may be considered as eligible expenditure , when paid into an escrow account specifically set up for that purpose , provided that state aid rules are complied with and that all of the conditions set out below are fulfilled .


### an operation may receive support from one or more esi funds or from one or more programmes and from other union instruments , provided that the expenditure declared in a payment application for one of the esi funds does not receive support from another fund or union instrument , or support from the same fund under another programme . the amount of expenditure to be entered into a payment application of an esi fund may be calculated for each esi fund on a pro rata basis in accordance with the document setting out the conditions for support . ### an operation may receive support from one or more esi funds or from one or more programmes and from other union instruments , provided that the expenditure declared in a payment application for one of the esi funds relates to support distinct from the support from another fund or union instrument , or support from the same fund under another programme . the amount of expenditure to be entered into a payment application of an esi fund may be calculated for each esi fund on a pro rata basis in accordance with the document setting out the conditions for support .


### this directive requires contracting authorities , contracting entities as well as certain operators to take into account lifetime energy and environmental impacts , including energy consumption and emissions of co2 and of certain pollutants , when purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energy - efficient vehicles and improving the contribution of the transport sector to the environment , climate and energy policies of the community . ### article 1 is replaced by the following : ' this directive requires contracting authorities , contracting entities as well as certain operators to take into account lifetime energy and environmental impacts , including energy consumption and emissions of co2 and of certain pollutants , when purchasing , leasing , renting or hire - purchasing or retrofitting road transport vehicles with the objectives of promoting and stimulating the market for clean and energy - efficient vehicles and improving the contribution of the transport sector to the environment , climate and energy policies of the union . '


### to enhance legal certainty , avoid inconsistency in the application of union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow - on actions for redress , the finding of an infringement established in a final decision , including a final injunction order under this directive , issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement by the same trader as regards the nature of the infringement and its material , personal , temporal and territorial scope as determined by that final decision . where an action seeking measures eliminating the continuing effects of the infringement , including for redress , is brought in a member state other than the member state where a final decision establishing this infringement was issued , the decision should constitute a rebuttable presumption that the infringement has occurred . ### to enhance legal certainty , avoid inconsistency in the application of union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow - on actions for redress , the finding of an infringement established in a final decision , including a final injunction order under this directive , issued by an administrative authority or a court should be binding upon all parties , which participated in the representative action . the final decision should be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . the redress obtained through the settlement should also be binding upon cases involving the same practice , the same trader and the same consumer . where an action seeking measures eliminating the continuing effects of the infringement , including for redress , is brought in a member state other than the member state where a final decision establishing this infringement was issued , the decision should constitute a rebuttable presumption that the infringement has occurred .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling representative entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation .


### member states shall ensure that in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state . ### member states shall ensure that only consumer organisations and independent public bodies are eligible for the status of representative entity . member states may designate as representative entities consumer organisations that represent members from more than one member state .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures : ### member states shall ensure that the representative entities , which have been designated in advance , are entitled to bring representative actions seeking the following measures :


### in order to seek injunction orders , qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader . ### in order to seek injunction orders , representative entities shall have to obtain the mandate of the individual consumers concerned and provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader .


### the qualified entity shall provide sufficient information as required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved . ### the representative entity shall provide all the necessary information required under national law to support the action , including a description of the consumers concerned by the action and the questions of fact and law to be resolved .


### funding ### admissibility of representative action in case of third - party funding


### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### the representative entity seeking a redress order as referred to in article 6 shall declare the stage of admissibility of the representative action the source of the funds used for its activity in general and the source of the funds that it uses to support the particular representative action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail .


### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and , if necessary , reject the standing of the qualified entity in a specific case . ### member states shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 at the stage of admissibility of the representative action and at a later stage during the court proceedings if the circumstances only yield then .


### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers concerned . ### the information referred to in paragraph - 1 and 1 shall be provided in intelligible language .


### member states shall ensure that , at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action , and has indicated further evidence which lies in the control of the defendant , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by the defendant , subject to the applicable union and national rules on confidentiality . ### member states shall ensure that , at the request of one of the parties , in order to obtain further evidence which lies in the control of the other party , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented , subject to applicable union law and national rules on confidentiality . the order must be adequate and proportionate in the respective case and must not create an imbalance between the two parties involved .


### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances , whilst maintaining the necessary flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances . ### the framework for the screening of foreign direct investment should provide the member states and the commission with the means to address risks to security or public order in a comprehensive manner , and to adapt to changing circumstances in global trade , whilst maintaining flexibility for member states to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances .


### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs which are essential for security or the maintenance of public order , and the disruption , loss or destruction of which would have a significant impact in a member state or in the union . in that regard , member states and the commission should also be able to take into account whether a foreign investor is controlled directly or indirectly by the government of a third country . ### in determining whether a foreign direct investment may affect security or public order , member states and the commission should be able to consider all relevant factors , including the effects on critical infrastructure , technologies , including key enabling technologies , and inputs or sensitive information , which are essential for security or the maintenance of public order . in that regard , member states and the commission should take into account whether a foreign investor is owned , operated or otherwise significantly controlled , directly or indirectly , by the government or state bodies of a third country .


### 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 teu . the commission should also have the possibility to request from those member states the information necessary for its screening of such investment . ### 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 within a reasonable timeframe . the member states should take due account of the opinion and provide an explanation to the commission if they diverge from the opinion . the commission should also have the possibility to request from those member states the information necessary for the screening of such investment .


### to that end , it is also important to ensure a minimum level of information and coordination with regard to foreign direct investments falling under the scope of this regulation in all member states . this information should be made available by the member states in which the foreign direct investment is planned or has been completed upon request of the member states or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the planned or completed investment , including , when available , information about subsides granted by third countries . ### to that end , it is also important to ensure a minimum level of information exchange and coordination between member states with regard to foreign direct investments falling under the scope of this regulation . this information should be made available by the screening member state upon request of those member states in which security or public order may be affected by a foreign direct investment planned in the screening member state , or of the commission . relevant information includes aspects such as the ownership structure of the foreign investor and the financing of the investment , including , when available , information about subsides granted by third countries .


### the commission may screen foreign direct investments that are likely to affect projects or programmes of union interest on the grounds of security or public order . ### the commission may screen foreign direct investments that are considered to affect projects or programmes of union interest on the grounds of security or public order .


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is significantly directly or indirectly controlled by the government or state bodies of a third country , including through significant funding .


### member states shall establish timeframes for issuing screening decisions . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 . ### member states shall establish timeframes for issuing screening decisions and make them publicly available . such timeframes shall allow them to take into account the comments of member states referred to in article 8 and the opinion of the commission referred to in articles 8 and 9 .


### member states shall notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states shall notify to the commission any amendment to an existing screening mechanism or any newly adopted screening mechanism within 30 days of entry into force of the screening mechanism at the latest . ### member states shall notify to the commission their existing screening mechanisms by [ &#8230 ; ] at the latest . member states shall notify to the commission any amendment to an existing screening mechanism or any newly adopted screening mechanism by 30 days of entry into force of the screening mechanism or of the amendment to the existing one at the latest .


### where a member state considers that a foreign direct investment planned or completed in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is planned or has been completed . the comments shall be forwarded to the commission in parallel . ### where a member state duly considers that a foreign direct investment undergoing screening in another member state is likely to affect its security or public order , it may provide comments to the member state where the foreign direct investment is undergoing screening and to the commission .


### where the commission considers that a foreign direct investment is likely to affect security or public order in one or more member states , it may issue an opinion addressed to the member state in which the foreign direct investment is planned or has been completed . the commission may issue an opinion irrespective of whether other member states have provided comments . ### where the commission duly considers that a foreign direct investment undergoing screening in a member state is likely to affect security or public order in one or more member states , it may provide comments to the member state in which the foreign direct investment is undergoing screening irrespective of whether other member states have provided comments .


### the member states where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other member states referred to in paragraph 2 and to the opinion of the commission referred to in paragraph 3 . ### the screening member states shall give due consideration of the comments referred to in paragraph 2 and in paragraph 3 .


### 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 may issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed . ### where the commission duly considers that a foreign direct investment is likely to significantly affect projects or programmes of union interest on grounds of security or public order , the commission may issue an opinion addressed to the member state where the foreign direct investment is planned .


### member states shall ensure that the information requested by the commission and other member states pursuant to articles 8 and 9 is made available to the commission and the requesting member states without undue delay . ### member states shall ensure that any additional information requested by the commission and other member states pursuant to articles 8 and 9 is made available without undue delay .


### the information referred to in paragraph 1 of this article shall include in particular : ### the information referred to in paragraph 1 of this article may include , inter alia :


### 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 controlling shareholder or shareholders ; ### the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned , including information on the controlling shareholder or shareholders , the administrative management and supervisory bodies ;


### member states and the commission shall ensure the protection of confidential information acquired in application of this regulation . ### member states and the commission shall ensure the protection of confidential information , including commercially - sensitive information , acquired in application of this regulation .


### each member state shall appoint a foreign direct investment screening contact point for the screening of foreign direct investment . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation . ### each member state , regardless of whether it maintains a screening mechanism , shall appoint a foreign direct investment screening contact point . the commission and other member states shall involve these fdi screening contact points on all issues related to implementation of this regulation .