Clifford Chance

Revision of the EU FDI Screening Regulation: the Negotiating Positions Compared

23 June 2025

Following the recent publication of the negotiating position of the EU Council, which represents governments of the EU Member States (MSs), we now have a complete picture of the positions of the two EU institutions that will now negotiate and agree on a final text of the revised EU FDI Screening Regulation: the EU Council and the European Parliament (EP). This briefing compares these positions, as well as the text initially proposed by the European Commission (EC) and summarises their implications for investors.

On balance, the position of the MSs is likely to be better for investors, as the minimum scope of MSs' mandatory filing regimes would be smaller (although most MS will continue to implement broader regimes) and it minimises the risks of delays due to disagreements between a "host" MS that is reviewing a transaction and other MSs and the EC. However, the EP proposals would impose shorter deadlines in MSs' phase 1 screening decisions.

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