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EU framework for FDI screening

17-04-2019

On 13 September 2017, the European Commission adopted a proposal for a regulation establishing a framework for screening foreign direct investment (FDI) inflows into the EU on grounds of security or public order. The proposal was a response to a rapidly evolving and increasingly complex investment landscape. It aimed to strike a balance between maintaining the EU's general openness to FDI inflows and ensuring that the EU's essential interests are not undermined. Recent FDI trends and policies of ...

On 13 September 2017, the European Commission adopted a proposal for a regulation establishing a framework for screening foreign direct investment (FDI) inflows into the EU on grounds of security or public order. The proposal was a response to a rapidly evolving and increasingly complex investment landscape. It aimed to strike a balance between maintaining the EU's general openness to FDI inflows and ensuring that the EU's essential interests are not undermined. Recent FDI trends and policies of emerging FDI providers had cast doubt on the effectiveness of the decentralised and fragmented system of FDI screening – in use in only some EU Member States – to adequately address the potential (cross-border) impact of FDI inflows on security or public order without EU coordinated cooperation among all EU Member States. The proposal's objective was neither to harmonise the formal FDI screening mechanisms then used by almost half of the Member States, nor to replace them with a single EU mechanism. Instead, it aimed to enhance cooperation and information-sharing on FDI screening between the Commission and Member States, and to increase legal certainty and transparency. The European Parliament's Committee on International Trade (INTA) and the Council adopted their positions in May and June 2018 respectively, and interinstitutional negotiations concluded in November 2018 with a provisional text. That was first endorsed by the Member States' Permanent Representatives (Coreper) and by INTA in December 2018. After the text's adoption by the European Parliament and the Council in February and March 2019 respectively, it entered into force on 10 April 2019, and will apply from 11 October 2020, 18 months later. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Citizenship by investment (CBI) and residency by investment (RBI) schemes in the EU

17-10-2018

This study analyses the state of play and issues surrounding citizenship and residency by investment schemes (so-called ‘golden passports’ and ‘golden visas’) in the EU. It looks at the economic social and political impacts of such schemes and examines the risks they carry in respect of corruption, money laundering and tax evasion.

This study analyses the state of play and issues surrounding citizenship and residency by investment schemes (so-called ‘golden passports’ and ‘golden visas’) in the EU. It looks at the economic social and political impacts of such schemes and examines the risks they carry in respect of corruption, money laundering and tax evasion.

International Agreements in Progress: EU-Singapore trade and investment agreements closer to conclusion

09-10-2018

On 18 April 2018, the European Commission proposed to the Council of the EU to sign and conclude two agreements with Singapore. These agreements were created by dividing the free trade agreement reached between the EU and Singapore (EUSFTA) in 2014, but not ratified, into separate trade and investment protection agreements. When presenting the agreements, the Commission underlined that they demonstrate the commitment of Singapore and the EU to fair trade and open markets. The Council of the EU is ...

On 18 April 2018, the European Commission proposed to the Council of the EU to sign and conclude two agreements with Singapore. These agreements were created by dividing the free trade agreement reached between the EU and Singapore (EUSFTA) in 2014, but not ratified, into separate trade and investment protection agreements. When presenting the agreements, the Commission underlined that they demonstrate the commitment of Singapore and the EU to fair trade and open markets. The Council of the EU is expected to authorise the signature of the agreements in October 2018. The Commission aims to have the trade agreement come into effect before the end of its mandate in 2019, after its approval by the Council and the European Parliament. Singapore will be the first member state of the Association of Southeast Asian Nations (ASEAN) to sign bilateral trade and investment agreements with the EU. The EU views bilateral agreements with ASEAN members as steps towards achieving the final objective of a region-to-region trade and investment agreement with ASEAN. Therefore, the EU Singapore agreements are considered a reference as regards the EU's ambition to conclude trade and investment agreements with other ASEAN members. Second edition. The ‘International Agreements in Progress’ briefings are updated at key stages throughout the process, from initial discussions through to ratification. To view earlier editions of this briefing, please see: PE 607.255, June 2017.

Foreign Direct Investment in the EU and the Eastern Partnership Countries

05-02-2018

Upon request of the Euronest parliamentary assembly economic committee, investment patterns and policies in the EU and Eastern Partnership countries were compared. The EU is an investment heavyweight, both in terms of attracting as placing foreign direct investment. Many EU Member States protect their investment abroad and some have screening mechanisms for incoming investment. The Eastern Partnership countries are minor investors themselves, but keep attracting a slowly growing level of foreign ...

Upon request of the Euronest parliamentary assembly economic committee, investment patterns and policies in the EU and Eastern Partnership countries were compared. The EU is an investment heavyweight, both in terms of attracting as placing foreign direct investment. Many EU Member States protect their investment abroad and some have screening mechanisms for incoming investment. The Eastern Partnership countries are minor investors themselves, but keep attracting a slowly growing level of foreign direct investment. Investment is supported by the European Investment Bank, the EBRD or the World Bank. Looking at which countries invest in which Eastern Partnership country, it appears that each of them has one main investing country, suggesting a preferred relationship, which would need further research to explain.

Multilateral court for the settlement of investment disputes

24-11-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State Dispute Settlement (ISDS, ad hoc arbitration) since the 1950s. In recent years, concerns have been voiced about the ISDS, in particular in the context of the negotiation processes of the Transatlantic Trade and Investment Partnership (TTIP) (EU-USA) and of the Comprehensive Economic and Trade Agreement (CETA) (EU-Canada). Based on the results of the public consultation carried out in 2014, the European Commission presented a plan in May 2015 to reform the investment resolution system. It comprises, as a first step, an institutionalised court system (Investment Court System, ICS) for future EU trade and investment agreements and, as a second step, the establishment of an ‘international investment Court’. According to the IA report, ‘since 2016 the Commission has actively engaged with a large number of partner countries both at a technical and political level to further the reform of the ISDS system and to build a consensus for the initiative of a permanent multilateral investment Court’ (IA, p. 6). In its resolutions of 8 July 2015 on the Transatlantic Trade and Investment Partnership (TTIP) and of 6 April 2011 on the future European international investment policy, Parliament noted the need to reform the investment dispute settlement mechanism. In its resolution of 5 July 2016 on the future strategy for trade and investment, it supported the aim of creating a ‘multilateral solution to investment disputes’.

The Cost of Non-Europe in the Single Market. Part I - Free Movement of Goods

24-09-2014

Cost of Non-Europe Reports identify the possibilities for economic or other gains and/or the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. This Cost of Non-Europe Report seeks to analyse the costs for citizens, businesses and relevant stake-holders of remaining gaps and barriers in the European Single Market, building on and updating the 1988 Cecchini Report, which quantified its potential benefits. This particular study - the first in a series ...

Cost of Non-Europe Reports identify the possibilities for economic or other gains and/or the realisation of a ‘public good’ through common action at EU level in specific policy areas and sectors. This Cost of Non-Europe Report seeks to analyse the costs for citizens, businesses and relevant stake-holders of remaining gaps and barriers in the European Single Market, building on and updating the 1988 Cecchini Report, which quantified its potential benefits. This particular study - the first in a series - uses an econometric model to estimate the potential benefits of removing existing barriers to foreign direct investment and non-tariff trade barriers within the European Union. The removal of existing trade barriers could boost total intra-EU merchandise exports up to 7 per cent in the long-term. These effects will vary by Member State, and by sector of the internal market.

Externe auteur

This study has been written by Marco Hafner, Enora Robin and Stijn Hoorens of RAND Europe at the request of the European Added Value (EAV) Unit of the Directorate for Impact Assessment and European Added Value, within the Directorate-General for Parliamentary Research Services (DG EPRS) of the General Secretariat of the European Parliament.

Chinese investment in the EU

23-05-2014

From ports to cars to food processing, China's foreign direct investment (FDI) in the EU concerns a wide variety of economy sectors. Negotiations on an EU-China bilateral investment treaty were launched in 2013, to ensure more reciprocity in business relationships.

From ports to cars to food processing, China's foreign direct investment (FDI) in the EU concerns a wide variety of economy sectors. Negotiations on an EU-China bilateral investment treaty were launched in 2013, to ensure more reciprocity in business relationships.

The EU's Contribution to Member States' Services Promoting Foreign Trade and Investment: Value Added?

03-09-2013

The European business centres in Asia – and notably those in India, China and Thailand, which are already active – have yet to demonstrate that they offer significant value-added for European enterprises wishing to engage in Asian markets. Instead of being welcomed as EU complementarities, they are generally considered as duplications of Member States' own promotion instruments, and this in a field in which the EU as such does not hold competence. It is questionable why the EU's efforts to facilitate ...

The European business centres in Asia – and notably those in India, China and Thailand, which are already active – have yet to demonstrate that they offer significant value-added for European enterprises wishing to engage in Asian markets. Instead of being welcomed as EU complementarities, they are generally considered as duplications of Member States' own promotion instruments, and this in a field in which the EU as such does not hold competence. It is questionable why the EU's efforts to facilitate market access for European enterprises, particularly small and medium-sized enterprises, were not built on the best practises of existing institutions, notably the bilateral chambers of commerce. The timing is also questionable: additional structures were created long before any assessment was undertaken of what is already available in third markets. The lack of coherence of the different EU centres' work plans, priority clusters and time frames impede Member States - also members of the consortiums of various EU centres – from integrating the EU centres into their own marketing activities. It is therefore little surprise that an independent evaluation of the effectiveness of these EU business centres in Asia revealed numerous flaws – an assessment that suggests the EU's strategy should be overhauled. It remains uncertain, however, whether and how the modest performance of the centres in India, China and Thailand will influence European Commission's plans for additional Asian centres.

Foreign direct investment (FDI) and the EU

18-03-2011

Since 1959, Member States have concluded over 1 500 Bilateral Investment Treaties (BITs) with recipient countries. Worldwide there are over 2 500 BITs between countries. The Lisbon Treaty has now transferred responsibility from MS to EU level.

Since 1959, Member States have concluded over 1 500 Bilateral Investment Treaties (BITs) with recipient countries. Worldwide there are over 2 500 BITs between countries. The Lisbon Treaty has now transferred responsibility from MS to EU level.

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