欧盟外资审查机制改革及其对中国的影响

The Reform of EU’s New Foreign Investment Review System and Its Influence on China

近年来,外国投资者收购拥有关键技术的欧洲公司引起了欧盟内部广泛关切。本文从新外资审查框架下的合作机制和权力分配入手,研究欧盟内部权益关系转换。外资审查框架针对成员国国内有无外资审查制度,设计不同合作机制流程来增进欧盟内部信息流动,并赋予欧委会新增权力参与外资监管,提高其与其他成员国的话语权,将东道国置于外部意见的"软约束"下。合作机制的实施也改变了欧盟与成员国间权力分配,欧委会开始主动参与外资监管,将之从法律条文落实至实际行动,成员国外资监管权被分割但自由裁量权增加。新框架对欧盟内部的影响主要体现在欧盟与成员国利益关系变化上,而各成员国如何理解与具体应用框架则对投资第三国尤其是中国至关重要。

In recent years,the acquisition of European companies with key technologies by foreign investors has caused widespread concern within the EU.This article starts with the cooperation mechanism and power distribution under the framework of screening foreign direct investment,and studies the relationship between the EU and member states.The implementation of the cooperation mechanism has also changed the distribution of power between the EU and the member states.On the one hand,the European Commission has begun to actively participate in foreign investment supervision,from legal provisions to actual actions.On the other hand,the foreign investment supervision power of member states has been divided but discretionary power increase.The impact of the new framework within the EU is mainly reflected in the changes in the relationship between the EU and its member states,and how each member state understands and specifically applies the framework is very important for third countries to invest in,especially China.