Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

On 11 December 2025 the Council of the EU presidency, the European Parliament, and the European Commission reached provisional political (trilogue) agreement on the revision of Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union, concluding interinstitutional negotiations on the Commission's proposal of 24 January 2024. The revised regime upgrades the 2019 cooperation-mechanism-only framework into a hybrid harmonised/mandatory regime: all 27 Member States must establish FDI screening mechanisms (replacing the current patchwork in which some Member States have no mechanism at all); mandatory minimum sectoral scope is set EU-wide and covers dual-use items, military equipment, hyper-critical technologies (general-purpose AI with space/defence relevance, quantum technologies, semiconductors), critical raw materials, critical entities in energy/transport/digital infrastructure, electoral infrastructure, and certain financial-system entities; foreign investments routed through EU subsidiaries fall within the perimeter; a shared database prevents Member-State arbitrage; and an optional single electronic-filing portal becomes available if requested by at least nine Member States. Screening decisions remain the exclusive responsibility of the Member State in which the investment is made. Once the Regulation enters into force (after Council and Parliament formal adoption and OJ publication, both pending as of the political-agreement date), the new rules will apply after an 18-month transition period — implementation expected toward the end of 2027.

On 10 November 2025 the European Commission conditionally approved, under the Foreign Subsidies Regulation (Regulation (EU) 2022/2560), the c. €14.7bn acquisition of German polymer and polyurethane producer Covestro AG by Abu Dhabi National Oil Company (ADNOC). The Phase II investigation identified foreign-subsidy distortions including an unlimited UAE State guarantee covering ADNOC and a committed capital increase by ADNOC's state-backed parent into Covestro. To clear the transaction, ADNOC committed to remove the State guarantee, Covestro committed to maintain existing R&D cooperation agreements with EU competitors, and Covestro committed to license its present and future sustainability-related patents (c. 200 patents) to qualifying EU market participants on pre-established transparent terms for ten years. This is the second-ever FSR Phase II conditional clearance (after the September 2024 e&/PPF Telecom decision) and the first FSR remedy package to deploy sustainability-IP licensing as a structural commitment.

Commission Recommendation (EU) 2025/63 of 15 January 2025, published in the Official Journal on 16 January 2025 (CELEX 32025H0063), is the first EU-level instrument operationalising outbound-investment screening. It is a legally non-binding act that asks Member States to designate a Single Contact Point and competent national authorities by 15 March 2025 and to review outbound transactions by EU investors into third countries in three strategic sectors — advanced semiconductors, artificial intelligence, and quantum technologies — covering acquisitions, mergers, joint ventures, greenfield investments, asset/IP transfers, and venture-capital instruments completed since 1 January 2021. Member States must submit an interim update by 15 July 2025 and a comprehensive report on review outcomes and identified risks by 30 June 2026, feeding into the EU's broader Economic Security Strategy and the binding outbound-investment legislative instrument the Commission has signalled for 2026-2027.

On 24 September 2024 the European Commission issued its first-ever final decision under the Foreign Subsidies Regulation (Regulation (EU) 2022/2560), conditionally approving (Case FS.100011) the acquisition of PPF Telecom Group B.V. by Emirates Telecommunications Group Company PJSC (e&, majority-owned by the Emirates Investment Authority, Abu Dhabi). The Commission found that e& received prohibited foreign subsidies — principally an unlimited state guarantee via the EIA and preferential financing instruments — that risked post-transaction competitive distortion within the EU's five-country PPF footprint (Czechia, Bulgaria, Hungary, Serbia, Slovakia; 10+ million subscribers). Conditions imposed require e& to remove the unlimited state guarantee, prohibit financing PPF's EU operations from EIA or e& group treasury, and mandate notification of future EU acquisitions above the FSR thresholds. The non-confidential version of the decision was published 4 April 2025.