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Requirement · FDI-03

Only approve foreign direct investments that fulfil at least four of six value-added criteria (ownership cap, joint-venture structuring, IP licensing, R&D spending, Union-worker share, sourcing strategy).

Foreign investors seeking Investment Authority approval 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. 18(2), in the Industrial Accelerator Act. as of 2026-08-17
  • The act gives its timing as: From [12 months after 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 seeking Investment Authority approvalAct COM(2026) 100 final, 2026/0068 (COD)Article Art. 18(2)Class Foreign investors

The rule

New — no predecessor
Trigger

Investment must satisfy 4 or more of 6 conditions in Art. 18(2)

Obligation

Only approve foreign direct investments that fulfil at least four of six value-added criteria (ownership cap, joint-venture structuring, IP licensing, R&D spending, Union-worker share, sourcing strategy).

Who is affected

Addressee
Foreign investors seeking Investment Authority approval
Class
Foreign investors
Sectors
Names Batteries and solar, Automotive
Applies
From [12 months after entry into force]

Burden drivers

D3 · D1 — 2 of 7 marks fire on this provision.

Source text

Verbatim

2. From [OP insert date: 12 month after entry into force of this Regulation], Investment Authorities shall only approve foreign direct investments made directly by foreign investors that fulfil either four or more of the following six conditions: (a) foreign investors do not acquire, hold, or exercise ownership interests representing more than 49% of the share capital, voting rights, or equivalent ownership interests in any Union target, or equivalent ownership, leasehold or other rights conferring control over a Union asset;

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