As part of its rollout of the European Economic Security Strategy adopted last year (on which we reported in a previous briefing), the European Commission (Commission) has published a package of planned initiatives aiming to enhance the EU’s economic security. The official communication highlights how the Commission views the package as a comprehensive approach to strengthen the EU’s response capacity to various risks linked to FDI into the EU, outbound investments as well research security and dual-use goods. Accordingly, the unveiled initiatives address the following areas.
read moreAs part of the European Economic Security Strategy, the EU proposes a revision of the Regulation (EU) 2019/452 (Proposed Regulation). The reform is motivated by the need to enhance the protection of security and public order in the face of growing geopolitical challenges and the recognition that certain investments, which are not adequately screened under the current system, could pose risks to EU interests. Here are the key points of the reform.
read moreAs announced last week, BLOMSTEIN is publishing a series of briefings introducing into European and German legal defence matters. In preparation for the new year, our defence team got together and identified the topics that we believe will be relevant for companies in the security and defence industry in the EU and Germany in international trade law, ESG, antitrust law and public procurement law:
read moreSeit dem 1. Januar 2023 ist das deutsche Lieferkettensorgfaltspflichtengesetz (LkSG) in Kraft. Bisher betraf es inländische Unternehmen mit mindestens 3.000 Mitarbeitenden. Ab dem 1. Januar 2024 erweitert sich der Anwendungsbereich auf Unternehmen mit mehr als 1.000 Beschäftigten. Der Kreis betroffener Unternehmen wird damit erheblich größer. Für neu betroffene Unternehmen haben wir die zentralen Pflichten des LkSG im Überblick zusammengenfasst, die unmittelbar seit Anfang Januar 2024 gelten. Außerdem geben wir einen Ausblick auf die neusten Entwicklungen zu dem geplanten EU-Lieferkettengesetz.
read moreThe EU introduced the Regulation establishing an EU Carbon Border Adjustment Mechanism (CBAM). Under the CBAM, importers into the EU of carbon-intensive goods (mainly cement, electricity, fertilizers, iron and steel, aluminum, and hydrogen) will be required to pay a charge for the carbon emissions embedded in those products. This charge will be gradually phased in from 2026 to 2034.
read moreOver the last three months, BLOMSTEIN has assisted the American Chamber of Commerce in Moldova (AmCham) to improve the Moldovan screening mechanism for Foreign Direct Investments (FDI). This was achieved in close cooperation with the CELIS Institute, in particular its Executive Director Prof Dr Steffen Hindelang. AmCham was on its side supported by the Center for International Private Enterprise (CIPE). The team’s main aim was to improve the already existing provisions, render them more effective and align them with EU requirements as well as best practises in EU member states.
read moreEU importers should be aware that CBAM legislation may have a significant impact on their operations, supply chain, and logistics. They need to quantify their carbon footprint and prepare for the financial obligations and administrative measures required by CBAM. The first CBAM report about the embedded greenhouse gas emissions is due by 31 January 2024. Here is an update of what EU importers will have to do, what help is available, and if fines are due when the report is not submitted in time.
read moreThe 12th package of EU sanctions against Russia, aimed at further increasing economic pressure in response to Russia's continued aggression towards Ukraine, entered into force on 19 December 2023. It includes additional listings of Russian individuals and companies as well as new trade restrictions, such as the long-awaited import ban on Russian diamonds and prohibitions related to enterprise management software. Of particular practical relevance are additional measures against the circumvention of long-standing sanctions, including a new obligation for EU exporters to contractually prohibit the re-export of certain sensitive goods to Russia.
read moreWenn Sie sich für die neuesten Entwicklungen und Herausforderungen im Bereich des Investment Screening und dessen Auswirkungen auf die deutsche Wirtschaft interessieren, sollten Sie die Investment Screening Conference von BDI und CELIS German Chapter, in Kooperation mit BLOMSTEIN und Hogan Lovells am 20. Februar 2024 im Haus der Deutschen Wirtschaft in Berlin nicht verpassen.
read moreThe EU Commission (Commission) consulted stakeholders during the summer to evaluate the Regulation (EU) No 2019/452 (EU-Screening Regulation) and recently published the survey’s results. The consultation is part of the EU’s ongoing evaluation of the current FDI screening framework and follows the recent release of its third "Annual Report on the screening of foreign investments into the Union", as we noted in an earlier briefing. As the Commission is expected to formally propose revisions to the EU Screening Regulation by the end of 2023, the survey’s results highlight the various stakeholders’ views on the framework, which are likely to inform the upcoming changes. Key findings include the following:
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