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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.

    Briefing pdf  

State of play of EU-China relations

21-01-2019

EU-China relations are increasingly affected by growing Sino-United States strategic competition. The Trump Administration considers China a strategic competitor to confront, rather than a country with which to engage. The EU, on the contrary, refers to China as a strategic partner and, despite persistent and considerable differences in position in some areas, continues to engage. The United States’ current preference for bi and unilateralism, and withdrawal from multilateral arrangements, which ...

EU-China relations are increasingly affected by growing Sino-United States strategic competition. The Trump Administration considers China a strategic competitor to confront, rather than a country with which to engage. The EU, on the contrary, refers to China as a strategic partner and, despite persistent and considerable differences in position in some areas, continues to engage. The United States’ current preference for bi and unilateralism, and withdrawal from multilateral arrangements, which the EU considers vital elements of a rules-based international order, create openings for China to fill the gap. For the EU, this implies the need to seek issue-based alliances and to strengthen strategic cooperation with China on issues of common interest to reach and uphold multilateral solutions to global and regional challenges. Since 2013, the 2003 EU-China comprehensive strategic partnership has been broadened and deepened in line with the EU-China 2020 Strategic Agenda for Cooperation. This has led to a high degree of institutionalisation of EU-China ties, with an ever-growing number of dialogue formats that cover political, economic and people-to-people relations, but whose tangible results vary significantly. Notwithstanding the frequency of political exchanges and successful cooperation on key global challenges, such as the nuclear deal with Iran and climate change, the economic pillar has remained the core of the relationship. As China is rapidly climbing the value-added ladder, trade is an area of cooperation where complementarity is shifting fast towards competition. Friction is unavoidable as two fundamentally different economic systems interact, and each side has its own understanding of what 'free' trade, 'fair' trade, 'reciprocity' and a 'level playing field' means. Given the wide diversity of EU Member States' interests and perceptions, which third countries may easily exploit for their own gains, the EU has struggled to come forward with a unified response to China-led initiatives. The European Parliament resolution on the state of play of EU-China relations adopted in September 2018 includes a critical assessment of China's foreign and domestic policies, including human rights, as well as of progress on the implementation of the EU-China strategic partnership.

    Briefing pdf  

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.

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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.

    Briefing pdf  

US-Russia relations: Reaching the point of no return?

03-10-2018

In August 2018, Russia's embassy in Washington claimed that US-Russia relations were moving towards irreversible breakdown. Long-standing bilateral tensions have been aggravated in recent years by Russia's aggression against Ukraine, sanctions, and accusations of Russian meddling in the 2016 US presidential elections. Initially, Donald Trump's electoral victory raised hopes in Russia that tensions could ease. But while Trump often appears to share Russian wishes to move from confrontation to a more ...

In August 2018, Russia's embassy in Washington claimed that US-Russia relations were moving towards irreversible breakdown. Long-standing bilateral tensions have been aggravated in recent years by Russia's aggression against Ukraine, sanctions, and accusations of Russian meddling in the 2016 US presidential elections. Initially, Donald Trump's electoral victory raised hopes in Russia that tensions could ease. But while Trump often appears to share Russian wishes to move from confrontation to a more transactional relationship, a rift has opened up between him and the rest of the US political establishment, which insists that the differences between the two countries are too fundamental to be easily set aside. Growing hostility towards Russia has led to harsher rhetoric and increasingly draconian sanctions. Alongside these more recent developments, US-Russia relations have been complicated for many years by fundamental foreign policy differences. The US sees itself as a global leader and champion of liberal values. For its part, Russia resents what it perceives as US hegemony and unwarranted interference in other countries' internal affairs. Russia is far from being a military equal to the US. Nevertheless, Moscow's nuclear arsenal makes it a potentially formidable adversary. A series of arms-control agreements aims to contain the threat of an arms race or even conflict between the two sides. However, deteriorating relations are making such arrangements look increasingly precarious. Compared to political and security issues, economic ties play only a minor role in US-Russia relations. Bilateral trade and investment have suffered from tensions and are likely to remain limited, not least due to sanctions.

    Briefing pdf  

China [What Think Tanks are thinking]

28-09-2018

China is a major strategic partner for the European Union, despite divergences on human rights issues, as well as on some economic and foreign policies. At their 20th EU-China summit in July, the two sides agreed to further develop their partnership and to seek to avoid global trade wars, which many analysts fear could be triggered by US President Donald Trump’s protectionist policies. They agreed, in principle, to support reform of the World Trade Organization, which has been snubbed by President ...

China is a major strategic partner for the European Union, despite divergences on human rights issues, as well as on some economic and foreign policies. At their 20th EU-China summit in July, the two sides agreed to further develop their partnership and to seek to avoid global trade wars, which many analysts fear could be triggered by US President Donald Trump’s protectionist policies. They agreed, in principle, to support reform of the World Trade Organization, which has been snubbed by President Trump. However, China’s increasingly close military ties with Russia cause concern in the EU. Trade, security and connectivity will be important topics of the 12th ASEM (EU-Asia) summit in October, which will gather heads of state or government of 51 European and Asian countries. This note offers links to recent commentaries, studies and reports from major international think tanks on China, its ties with the EU and related issues. More studies on the topics can be found in a previous edition of 'What Think Tanks are thinking', published in March 2018. One of the forthcoming publications in this series will be devoted to wider EU-Asia relations.

    Briefing pdf  

The EU - Japan Economic Partnership Agreement

28-09-2018

This report independently assesses the EU-Japan Economic Partnership Agreement. We find that the EPA establishes an ambitious framework to further liberalise and better organise trade, covering goods, services, intellectual property and investment, tariff- and non-tariff measures, and regulatory cooperation. Given its depth and breadth, and that it is unprecedented in including provisions on corporate governance, SMEs, and climate change, the EPA is set to become a benchmark for future trade agreements ...

This report independently assesses the EU-Japan Economic Partnership Agreement. We find that the EPA establishes an ambitious framework to further liberalise and better organise trade, covering goods, services, intellectual property and investment, tariff- and non-tariff measures, and regulatory cooperation. Given its depth and breadth, and that it is unprecedented in including provisions on corporate governance, SMEs, and climate change, the EPA is set to become a benchmark for future trade agreements. Joining two open economies with high income levels and regulatory standards, the agreement is expected to generate benefits by boosting trade within sectors, minimising sectoral relocation and negative employment effects. Agri-food, textiles and leather products are where the EU can expect to make the greatest gains. Furthermore, the EPA will boost the EU’s economic presence and political relevance in the Asia-Pacific area. Going beyond its economic benefits, the agreement also has significant non-economic implications. Reinforced cooperation will enhance the ability of both parties to shape the course of global developments in a manner that better reflects their shared interests and values, such as their commitment to a rule-based global trade system and the fight against global warming.

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Autor extern

Sonali CHOWDHRY, Marie Curie Visiting Fellow; André SAPIR, Senior Fellow; Alessio TERZI, Affiliate Fellow

Zimbabwe's post-electoral challenges

13-09-2018

As international isolation is no longer economically bearable, Zimbabwe has been searching for legitimacy on the global stage. The post-Mugabe transition government, from a ruling party fraction, committed itself to free and fair elections and invited international observers for first time in 16 years. But much-awaited change in Zimbabwe needs much more than a newly elected president and legislature. The country suffers from institutional dysfunction driven by years of a de facto one-party, military-backed ...

As international isolation is no longer economically bearable, Zimbabwe has been searching for legitimacy on the global stage. The post-Mugabe transition government, from a ruling party fraction, committed itself to free and fair elections and invited international observers for first time in 16 years. But much-awaited change in Zimbabwe needs much more than a newly elected president and legislature. The country suffers from institutional dysfunction driven by years of a de facto one-party, military-backed regime, characterised by rampant corruption and systematic patronage, securing the capture of key economic areas and political institutions by party elites. The victory of the ruling Zimbabwe African National Union Patriotic Front (ZANU-PF), in both the legislative and presidential elections, and the deadly crackdown on the opposition that followed, seriously undermine the prospects for genuine Zimbabwean democracy. Although international observers assessed the electoral process as relatively free and competitive, it took place on an uneven playing field due to years of ZANU-PF domination. EU observers, in particular, expressed strong concern regarding the intimidation of voters, the pro-state bias of the media, and the Zimbabwe Electoral Commission's (ZEC) lack of transparency. Some observers have indeed warned that the ousting of Robert Mugabe, which had raised so many hopes, was just part of a power reshuffle inside Zimbabwe's authoritarian regime, meant to protect the interests of the governing elites. Indeed, powerful forces obstruct change in Zimbabwe, seeking the sole preservation of their economic interests in the renewed political context. It is likely that the newly-elected President, Emmerson Mnangagwa, will pursue some economic reform, especially to attract foreign investors, while maintaining political control from above. In this situation, the EU, having declared its readiness to fully re-engage with Zimbabwe, has to use every lever to induce structural changes and to support civil society in this deeply corrupt and dysfunctional state.

    Briefing pdf  

China, the 16+1 format and the EU

07-09-2018

Since 2012, China has engaged 16 central and eastern European countries (CEECs), including 11 EU Member States and five Western Balkan countries under the 16+1 cooperation format, which it has portrayed as an innovative approach to regional cooperation. Although framed as multilateralism, in practice this format has remained largely bilateral and highly competitive in nature. While in 2012 the CEECs had enthusiastically embraced this form of cooperation as a chance to diversify their EU-focused economic ...

Since 2012, China has engaged 16 central and eastern European countries (CEECs), including 11 EU Member States and five Western Balkan countries under the 16+1 cooperation format, which it has portrayed as an innovative approach to regional cooperation. Although framed as multilateralism, in practice this format has remained largely bilateral and highly competitive in nature. While in 2012 the CEECs had enthusiastically embraced this form of cooperation as a chance to diversify their EU-focused economic relations in the wake of the 2008 financial crisis, by 2018 some of them had voiced dissatisfaction with the economic results it had yielded for them. The 2018 Sofia summit guidelines for the first time stressed the need for a more balanced trade, reciprocity of market access and open tenders in infrastructure construction, thus echoing concerns the EU had repeatedly raised with China. Empirical evidence shows that China-CEEC trade had actually jumped prior to 2012, whereas afterwards it increased at a much slower pace, with Chinese exports to CEECs expanding much quicker than CEEC exports to China, thus generating an unbalanced trade that is heavily tilted in favour of China. Foreign direct investment (FDI) data reveal that while Chinese FDI is highly concentrated on the biggest CEECs, it accounts for an extremely low share of total FDI stock. Some smaller CEECs have started to attract Chinese FDI as well, although at comparatively low levels. Some of China's infrastructure construction projects in the CEECs have suffered setbacks in a regional environment governed by EU norms and regulations. The EU engages in the 16+1 as a summit observer, adheres to the principles of its 2016 strategy for China and works towards cooperation with China on physical and digital infrastructure - through the EU-China Connectivity Platform. It has added the Berlin Process to its Western Balkans policy and has issued a new strategy providing for a credible enlargement perspective for and an enhanced EU engagement with the Western Balkans. This updates an 'at a glance' note, China, the 16+1 cooperation format and the EU, of March 2017.

    Briefing pdf  

A new era in EU-China relations: more wide-ranging strategic cooperation?

19-07-2018

China is an important strategic partner for the EU, despite fundamental divergences in some areas, mostly related to state intervention and fundamental human rights. The partnership offers mutually beneficial cooperation and dialogue in areas ranging from investment and transport to human rights and cybersecurity. China is navigating in new directions, guided by Xi Jinping's 'Thought on Socialism with Chinese Characteristics for a New Era’. Despite President Xi’s repeated avowals that 'the market ...

China is an important strategic partner for the EU, despite fundamental divergences in some areas, mostly related to state intervention and fundamental human rights. The partnership offers mutually beneficial cooperation and dialogue in areas ranging from investment and transport to human rights and cybersecurity. China is navigating in new directions, guided by Xi Jinping's 'Thought on Socialism with Chinese Characteristics for a New Era’. Despite President Xi’s repeated avowals that 'the market will have a decisive role', public ownership remains the mainstay of the Chinese economy, whereas profound reforms would be needed to tackle the root causes of overcapacity in various industrial sectors. Xi's ‘Belt and Road Initiative’, now also included in the Constitution, is the flagship international connectivity and infrastructure programme dominated by Chinese state-owned companies. Overall, China’s crucial, but complex transition towards more sustainable growth would eventually benefit both, China and the world as a whole. Global economic interdependence, however, makes certain spill-over effects of China’s rebalancing unavoidable. China plays a pivotal role in global governance and the rules-based international order, and this comes with responsibilities. Beijing has begun to shift away from the narrow pursuit of national aims towards a more assertive foreign and security policy, and increased financial, economic and security cooperation with a global outreach. China is also facing domestic concerns, such as lifting millions of people out of poverty and reducing ever-growing income inequalities, deterioration in the situation of human rights and freedoms as well as endemic corruption.

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