Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 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.

The National Security and Investment Act 2021 (c.25), receiving Royal Assent on 29 April 2021 and entering full force on 4 January 2022, created the UK's first standalone investment-screening regime, separating national-security review from the Competition and Markets Authority merger-control process. The Act empowers the Secretary of State to call in any acquisition of "control or influence" over a qualifying entity or asset on national-security grounds, and designates 17 sensitive sectors in which acquisitions crossing 25%/50%/75% share-or-voting-rights thresholds (or material influence) require mandatory pre-completion notification to the Investment Security Unit (Cabinet Office); completion before clearance is void and criminal sanctions of up to 5 years imprisonment apply to non-notifying parties. The Act is the structural peer of US CFIUS/FIRRMA (2018), EU Regulation 2019/452, Germany AWG §§55–62, France Décret 2014-479, Netherlands Wet Vifo, and the broader allied FDI-screening parent-statute lattice, and the enabling statute under which all UK mandatory-notification schedule amendments operate.

The modern French FDI-screening regime is codified in Code monétaire et financier (CMF) Art. L151-1 to L151-7, substantially restructured by Loi PACTE n° 2019-486 du 22 mai 2019 (Art. 152-158) and operationalised by Décret n° 2019-1590 du 31 décembre 2019 (in force 1 April 2020) with implementing Arrêté du 31 décembre 2019. The regime requires prior authorisation from DG Trésor for non-EU/EEA acquisitions reaching ≥25% of a French target's voting rights across 17 sensitive sectors enumerated in CMF Art. R151-3, and for ≥10% acquisitions in listed-company targets (threshold made permanent by Décret 2023-1293 from 1 January 2024, having been originally introduced during COVID-19 by Décret 2020-892). Approximately 310 notifications are received annually; the regime closes the last major G7 EU-member-state FDI-screening parent-statute gap after DE AWG §§55-62, IT Golden Power DL 21/2012, NL Wet Vifo, UK NSI Act 2021, US CFIUS, JP FEFTA, AU FATA, and CH IPG.