European Commission Recommendation EU 2025/63 urges Member States to monitor outbound Investments in Critical Technology Sectors, essential for the EU ‘economic security.
On January 15, 2025, the European Commission adopted Recommendation (EU) 2025/63, a fundamental document aimed at strengthening the economic security of the European Union through careful monitoring and thorough evaluation of outbound investments in critical technology sectors. This initiative is part of the European strategy for economic security, which aims to protect the EU from threats arising from economic flows and activities that could compromise its security (“Recommendation (EU) 2025/63”).
The Recommendation (EU) 2025/63 arises from the growing awareness of the risks associated with the leakage of advanced technologies to third countries. Such technologies could be used for military or intelligence purposes, undermining international peace and security. The Commission established a group of experts to assess these risks and identified ten critical technology sectors, including advanced semiconductors, artificial intelligence, and quantum technologies.
Recommendation (EU) 2025/63 fits into a broader context of European Union policies aimed at protecting foreign investments. The EU has developed a comprehensive strategy to ensure that investments, both inbound and outbound, do not compromise the Union’s economic and technological security. This strategy includes:
- Foreign Subsidies Regulation (FSR): Entered into force on July 12, 2023, the FSR allows the Commission to address distortions caused by foreign subsidies, ensuring a level playing field for all companies operating in the single market. The FSR aims to prevent foreign subsidies from distorting market conditions, preventing subsidized companies from acquiring businesses or obtaining public contracts in the EU.
- Regulation (EU) 2019/452: This regulation establishes a framework for the control of foreign direct investments (FDI) in the Union, with the aim of protecting security and public order. The regulation allows Member States and the Commission to examine foreign investments that could affect the security or public order of the EU.
- European Strategy for Economic Security: This strategy, adopted by the Commission and the High Representative, aims to implement a comprehensive strategic approach to economic security, addressing challenges arising from geopolitical tensions and deeper global economic integration.
According to the Raccomendation (EU) 2025/63, Member States are invited to review outbound investments related to:
- Semiconductors: This sector includes technologies for the design, manufacture, and assembly of integrated circuits and other semiconductors. The recommendation specifies various areas, such as the design of integrated circuits, software for electronic design automation, the initial and final manufacture of semiconductors, and the materials used in their production.
- Artificial Intelligence (AI): The recommendation focuses on generative AI systems, especially those trained on biological/genomic data or used in biotechnological, space, or defense contexts. These systems are designed to operate with varying levels of autonomy and can influence physical or virtual environments through predictions, content, recommendations, or decisions.
- Quantum Technologies: This sector includes quantum computing, quantum communications, and quantum sensing. These technologies have the potential to revolutionize various fields, from cryptography to the simulation of complex chemical processes.
Specifically, the Recommendation (EU) 2025/63 requires Member States to review outbound investments made by natural or legal persons resident or established in the Union (“EU Investors“) to conduct economic activities in a third country related to one of the technology sectors defined above, such as (i) acquisition and or merger process, (ii) transfer of tangible (or intangible) assets (including specific intellectual property or know-how necessary for the start or continuation of an economic activity and constituting an identifiable part of a company’s business operations, excluding the transfer of individual products or dual-use software subject to Regulation (EU) 2021/821 of the European Parliament); (iii) the establishment of a new business, subsidiary, or branch and joint venture.
The review should exclude minority investments whose objective is limited to seeking a return on invested capital. The review should also cover indirect investments by an EU investor, such as those made through a third-country entity used as an investment vehicle, through an existing subsidiary, or in the context of an existing joint venture with a third-country company or located there. This includes the gradual transfer of assets over time but occurring during the review period, and investments aimed at violating or circumventing existing security controls on trade and investments (and targeted individual measures), including Union restrictive measures under Article 215 of the Treaty on the Functioning of the European Union.
The review should cover new and ongoing operations and those concluded from January 1, 2021, but may also cover activities prior to that date where Member States identify operations of particular concern. Member States must assess whether such operations create or exacerbate risks to economic security by collecting detailed information on the participants in the operation, the type of investment, the approximate value, the products and technologies involved, and other relevant aspects.
Recommendation (EU) 2025/63 represents a significant step towards protecting the economic security of the European Union. Through careful monitoring and rigorous evaluation of outbound investments, the EU aims to prevent the leakage of critical technologies and maintain its position as a global technological leader. This integrated and collaborative approach between Member States and the European Commission, along with national tools such as the Golden Power, will help strengthen the Union’s resilience in the face of future geopolitical and economic challenges.