Also FDI 2.0 does not entail EU harmonisation

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The M&A market may not be booming at the moment, Australian investments in German and European companies are increasingly shy. The sector is being looked at strategically, which is also relevant for the national bzw. Wirtschaftliche Sicherheit eingestuft werden können, stehen in focus foreign investors.

The financing of foreign direct investment (FDI) has become the years of the standard investments in external investments and investments and those comprehensive generic investments as a result of its full development. The EU Commission has the opportunity to have a greater flow into the market.

Investment activities in the EU and Germany

The investments in the FDI financing are regulated in the EU as national law, while the government bonds free up the financing of the financing during and the financing of investments, or in other words. However, if in 2019 an EU screening regulation has introduced an information check between the Commission and the member states, a potential fraud for the national security and public order in several member states to be coordinated; however, this statement by the Commission itself will not have unjustified rights.

In January 2024, the EU Commission took an initiative for the implementation of the previous regulation. Zur Debat would be another example of the EU-vorgebener Minest Standard in der Investitionscontrolle, that is to say that the Prüfungsverfahren is also in the Catalog of the most sensitive measures of the Zielgesellschaft. Der Entwurf would be derzeit intensive discussion. It comes down to a systematic EU policy on the Member States and the EU Commission on the hereditary smallest standards.

A few times all legislations in their national rules and the new regulation for EU screening became an appropriate measure. There are more and more guidelines for the best national Vorschriften after they are published – the generated beratungen have become a new FDI-kap in the European Union.

Ausweitung der Investitionsprüfungsregime

Fundamentally, foreign investments in the EU as a whole are desired. If you think about it, the American investors are no longer economic, but there are also geopolitical interests known. It is a fact that the Sorge is a national Security and the Pleasure that includes the Sovereignty. The risk-risks of most investments by the foreign investors and the best Soul Societies, where some specific measures are taken, can yield the best results, while the strict FDI regime is so strict.

In particular with globalization is a question of upgrading in the Lieferketten basis. There is a company with China that is a “system rival”, at the level of high technology with computer chips, quantum technology, advanced intelligence etc. to be able to use everything from the US with the American trade. Know-how knowledge in the sector or in the area of ​​high technology will provide resilience in the care and in the charity chain as the debt burden, one of the FDI regimes directed from here.

View the German practice

Also in Germany there is no review in the topic: Anfang July 2024 was the experience of the VW Tour MAN Energy SolutionS by a company of the Chinese shipyards China State Shipbuilding Corp untersagt. For large discussions this is the case A Chinese Reederei Cosco at a container terminal in the Hamburger Hafens taken care of. Here is the Bundesregierung nach erheblichen internen Debates about the Cosco-Beteiligung are never completely limited, beyond 25%.

Corporate transfers or restrictions may be subject to the German Foreign Exchange Regulation (AWV) for the consideration of 10% of the voting rights of a reporting obligation. Sensitive to investments in the financial sector, critical infrastructure and common technology in the most advanced technology. If you make the diskette, you can shift or soften some of the sensitive data. These definitions serve as a “filter”, which gives the best results when there are transactions that take longer.

Passages are notorious and became hereditary – fraglich ist nur das Wie en Wann. In Bezug auf das Wie steht im Raum, die bisher im Außenwirtschaftsgesetz (AWG) bzw. in der AWV verstreuten Regelungen in een nieuw en eigenStandard Investitionsprüfungsgesetz (IPG) voor überführen. Herefor machen itself fell Practiker grim. Before the reform is implemented, it will no longer die. If you have met any of the requirements of the new EU Screening Regulation ab.

In content a reform has defined the new development of the zurzeit sensitive strategies, but the fragments will become clearer, the development of such a Greenfield investment will be possible. You are dealing with an investment, when you use a new production line or infrastructure of the Grund infrastructure, which is the best vermögenswert that you can use. Consultation with the technology can be solved by Vergabe von Lizenzen in the AWV decision.

Schließlich since Investitionen in Deutschland außerhalb des Verteidigungsbereichs bislang nur dann prüfbar, wenn the Investorengruppe von außerhalb der EU bzw. der Europäischen Freihandelsassoziation (EFTA). Other state-owned companies see investors from the EU in the announcement lights with one or another – in the Netherlands and Rumänien – prüfen sogar re nationale Erwerbe. So the inside of the EU can use one of the other ways to help the Spanish recoveries.

Ergänzung des Schutzsystems – Outgoing investments

Including the pressure in the US, the EU and Germany for a settlement for the limit. Outgoing investments are discussed. Darunter zijn Investition von europäischen Unternehmen in Ländern außerhalb der EU-verstanden.

When the Solcher Outbond Investments Review stops generating potential investments, investments are made by humans. As an aside – when you are no longer from the EU – here is the experience of Samsung and TSMC evaluating multi-billion dollar investments in chip factories in the United Arab Emirates in the United States. It is a region that is considered geopolitically as a binding factor; Criticism of a more scientific knowledge of know-how using the advanced technology. Here you will find an EU wide rule that could be found.

There is no regulation in the EU

Protecting national security and protecting control by Australian investments is a similar undertaking in the form of M&A transactions. Your right is determined by the geopolitical geopolitical risks of the jewels.

These are the guidelines for the regulation and the sustainability of the FDI procedures. Furthermore, a coordination regulation of the EU is subject to a strict regulatory framework within the EU.

The active reform discussion of the EU Screening Ordinance has started, all member states and the EU Commission have compiled the smallest standards for the next ordinance discussion and parties. The then combined Standards were to achieve a large degree of acceptance on national ebene führen. An EU wide-ranging regulation is no longer possible.

The author Horst Henschen is an advisor at Bereich FDI and at cartel law at Covington & Burling LLP in Frankfurt am Main tätig. There is a Gründungsmitglied from Forum Investitionsprüfung eV