Information requirements

1.   Member States shall ensure that the information notified pursuant to Article 6(1) or requested by the Commission and other Member States pursuant to Articles 6(6) and 7(5) is made available to the Commission and the requesting Member States without undue delay.
2.   The information referred to in paragraph 1 shall include:
(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.
3.   Member States shall endeavour to provide any information additional to that referred to in paragraphs 1 and 2, if available, to requesting Member States and to the Commission without undue delay.
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.
5.   A Member State shall notify the Commission and the other Member States concerned without delay, if, in exceptional circumstances, it is unable, despite its best efforts, to obtain the information referred to in paragraph 1. In the notification, that Member State shall duly justify the reasons for not providing such information and explain the best efforts undertaken to obtain the information requested, including a request pursuant to paragraph 4.
If no information is provided, any comment issued by another Member State or any opinion issued by the Commission may be based on the information available to them.