EU publishes list of ‘programmes of interest’ for purposes of FDI regulation
The European Union has published an updated list of EU programmes which, it says, constitute ‘critical assets’ protected under the FDI Screening Regulation.
Commission Delegated Regulation (EU) 2021/2126, published 3 December, says that the projects have been identified as warranting inclusion on the list, having regard to Regulation (EU) 2019/452 [establishing a framework for the screening of foreign direct investments into the Union], ‘and in particular Article 8(4),’ which notes that ‘projects or programmes of Union interest are to include…[those] which involve a substantial amount or a significant share of Union funding, or which are covered by Union law regarding critical infrastructure, critical technologies or critical inputs which are essential for security or public order.’
These include (but the list is not limited to) the Space Programme, which ‘aims to ensure investment continuity in Union space activities, encourage scientific and technical progress and support the competitiveness and innovation capacity of the Union space industry;’ Horizon Europe, ‘the Union’s key funding programme for research and innovation [which supports] actions critical for security or public order in the Union;’ and the ‘Euratom Research and Training Programme 2021-25 [which supports] nuclear research and training activities with an emphasis on nuclear safety, security, radioactive waste and spent fuel management, radiation protection and fusion energy. It also aims at improvements in the areas of education, training and access to research infrastructures.’
