欧盟外商直接投资审查条例改革对中国的影响及对策

Impact and Countermeasure Analysis of Reform of EU Foreign Direct Investment Review Regulation on China

欧盟外商直接投资审查条例构建了信息交换、双重审查和合作协调机制,是欧盟在国际投资格局重构中平衡投资自由化与投资规制权的立法实践.条例的实施将引发制度外溢效应,导致中国对欧盟的投资面临更复杂的外部环境,客观上导致审查范围扩大,引发对中国投资项目更严格、更广泛的审查,增加中国对欧盟投资的不确定性.此外,欧盟成员国内部差异性和中欧双边市场的客观需求对促进中国对欧盟投资的增长也有积极影响.中国应积极对待欧盟外商直接投资审查条例改革,加强沟通对话,增强政治互信,注重规制研究,提高中国企业应对欧盟投资合规审查的能力.

The EU foreign direct investment review regulation establishes an information exchange, double review and cooperation coordination mechanism, which is the legislative practice of balancing investment liberalization and investment regulation power in the reconstruction of the international investment pattern. Implementation of regulation will lead to institutional spillover effect, which will lead to a more complex external environment for China..s investment in the EU, an objective expansion of the scope of the review, a stricter and broader review of China..s investment projects, and increase the uncertainty of China..s investment in the EU. In addition, the differences among EU Member States and the objective needs of China-EU bilateral market also have a positive impact on the growth of China..s investment in the EU. China should actively deal with the reform of EU foreign direct investment review regulation, strengthen communication and dialogue, enhance political mutual trust, focus on regulatory research, and enhance the ability of Chinese enterprises to respond to EU investment compliance review.