### qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity . the information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action , including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant . if any of these circumstances is confirmed , the court or administrative authority should be empowered to require the qualified entity to refuse the relevant funding and , if necessary , reject standing of the qualified entity in a specific case . ### qualified entities should be independent and fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity . the information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action , including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant . if any of these circumstances is confirmed , the court or administrative authority should be empowered to require the qualified entity to refuse the relevant funding and , if necessary , reject standing of the qualified entity in a specific case .


### actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this directive should not be hindered by national rules on limitation periods . the submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action . ### actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this directive should not be prevented by national rules on limitation periods . in particular , the submission of a representative action should have the effect of suspending or interrupting the limitation periods for any subsequent redress actions for the consumers concerned by this action .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking the following measures : ### member states shall ensure that qualified entities are entitled , possibly after conciliation or mediation has failed , to bring representative actions seeking the following measures :


### 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 qualified entity must 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 and a demonstration that the claim procedure has been exhausted where consumers rights are protected by pre - defined claim - based regulations .


### 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 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 throughout the whole procedure . it shall demonstrate in a transparent way that it has sufficient resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail .


### it is important to provide legal certainty and to ensure eu wide coordination and cooperation by establishing a framework for the screening of foreign direct investment in the union on grounds of security or public order . this is without prejudice to the sole responsibility of the member states for the maintenance of national security . ### it is important to provide legal certainty and to encourage cooperation between the member states by establishing a framework for the screening of foreign direct investment in the union on grounds of security , public order or strategic interest . this is without prejudice to the sole responsibility of the member states for the maintenance of national security and public order .


### 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 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 or whether the foreign direct investment could lead to a monopolistic structure .


### 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 , public order or strategic interest , the commission should address an opinion to the member states in which such investment is planned or completed within a reasonable timeframe . the member states should take 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 .


### no later than three years after the entry into force of this regulation , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal . ### no later than . . . [ three years after the entry into force of this regulation ] , and every three years thereafter , the commission should present to the european parliament and the council a report on the application of this regulation . where the report proposes modifying the provisions of this regulation , it may be accompanied , where appropriate , by a legislative proposal .


### this regulation establishes a framework for the screening by the member states and the commission of foreign direct investments in the union on the grounds of security or public order . ### this regulation establishes a framework of minimum requirements for the screening by the member states of foreign direct investment in the union on the grounds of national security or public order and sets out the role of the commission in such screening .


### ' undertaking of a third country ' means an undertaking constituted or otherwise organised under the laws of a third country . ### ‘ citizen of a third country’ means any natural or legal person who does not have his or her domicile , habitual residence , registered or administrative office or principal place of business in a member state of the union or otherwise established , as well as any legal entity that is de facto controlled or owned by third country nationals or by the government of a third country .


### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of security or public order , under the conditions and in accordance with the terms set out in this regulation . ### member states may maintain , amend or adopt mechanisms to screen foreign direct investments on the grounds of national security , public order or strategic interest , under the minimum conditions and in accordance with the terms set out in this regulation .


### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding critical infrastructure , critical technologies or critical inputs . an indicative list of projects or programmes of union interest is included in annex 1 . ### projects or programmes of union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of eu funding , or which are covered by union legislation regarding common security and defence policy , critical or sensitive infrastructure , critical technologies or critical inputs . a list of projects or programmes of union interest is included in annex 1 . the commission shall be empowered to adopt delegated acts in accordance with article 13a regarding the integration and updating of annex i .


### in screening a foreign direct investment on the grounds of security or public order , member states and the commission may consider the potential effects on , inter alia : ### in screening a foreign direct investment on the grounds of national security , public order or strategic interest , member states and the commission may consider the potential effects on , inter alia :


### –critical infrastructure , including energy , transport , communications , data storage , space or financial infrastructure , as well as sensitive facilities ; ### –critical or sensitive infrastructure , including energy , water , transport , healthcare , education , universities communications and the media , data storage and management , space , research or financial infrastructure , as well as sensitive facilities ;


### member states ' screening mechanisms shall be transparent and not discriminate between third countries . in particular , member states shall set out the circumstances triggering the screening , the grounds for screening and the applicable detailed procedural rules . ### member states ' screening mechanisms shall be transparent and , in the light of reciprocity criteria , may result in third countries being treated differently . in particular , member states shall set out the circumstances triggering the screening , the grounds for screening and the applicable detailed procedural rules .


### 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 considers that a foreign direct investment is likely to affect projects or programmes of union interest referred to in annex i , on grounds of the national security of one or more member states , public order or strategic interest , the commission shall issue an opinion addressed to the member state where the foreign direct investment is planned or has been completed .


### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than three years after its entry into force . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report . ### the commission shall evaluate and present to the european parliament and the council a report on the application of this regulation no later than three years after its entry into force and after that at intervals of three years . member states shall be involved in this exercise and shall provide the commission with necessary information for the preparation of that report .