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Requirement · FDI-01

Foreign direct investments above the value/market-concentration threshold in the emerging strategic sectors may not be implemented unless explicitly approved by the Investment Authority or Commission.

Foreign investors in battery, electric vehicle, solar PV and critical-raw-material sectors above the threshold must comply, and this is not law yet.

Why it matters

This is a Commission proposal: it is not law yet, and it can change before it is.

  • It is Art. 17(1), in the Industrial Accelerator Act. as of 2026-08-17
  • The act gives its timing as: From entry into force. as of 2026-08-17
  • It names 2 industries by name: Batteries and solar and Automotive. as of 2026-08-17
  • Compliance is checked by competent authority, per investment. as of 2026-08-17
Addressee Foreign investors in battery, electric vehicle, solar PV and critical-raw-material sectors above the thresholdAct COM(2026) 100 final, 2026/0068 (COD)Article Art. 17(1)Class Foreign investors

The rule

New — no predecessor
Trigger

FDI value exceeds EUR 100 million and the investor's third country holds more than 40% of global manufacturing capacity in that sector

Obligation

Foreign direct investments above the value/market-concentration threshold in the emerging strategic sectors may not be implemented unless explicitly approved by the Investment Authority or Commission.

Who is affected

Addressee
Foreign investors in battery, electric vehicle, solar PV and critical-raw-material sectors above the threshold
Class
Foreign investors
Sectors
Names Batteries and solar, Automotive
Applies
From entry into force

Burden drivers

D3 · D7 — 2 of 7 marks fire on this provision.

Source text

Verbatim

1. This Chapter shall apply to foreign direct investments exceeding a value of EUR 100 million in the emerging strategic manufacturing sectors referred to in paragraph 2, where more than 40 % of the global manufacturing capacity is held by the third country of which the foreign investor is a national or undertaking. Such investments shall not be implemented unless explicitly approved by the Investment Authority or the European Commission, referred to in Article 19, in accordance with the provisions laid down in this Chapter.

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