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工业加速器法案:概述

工业加速器法案:概述

On 4 March 2026, the European Commission (EC) published a legislativeproposal for a so-called “Industrial Accelerator Act” (IAA) aimed at supportingthe EU’s manufacturing sector, with a focus on selected strategic sectors. It is proposed that the key emerging sectors to which the IAA would apply would be: •Battery technologies and its value chain for battery energy storage systems •Pure electric vehicles, off-vehicle charging hybrid electric vehicles and fuel-cell electric vehicles(including components related to electrification and digitalisation)•Solar photovoltaic technologies •The extraction, processing and recycling of critical raw materials Covered investment approval would require that at least four out of the six following IAA investment As proposed, the IAA would set conditions on foreign direct investments (FDIs) in certain strategicsectors, aim to facilitate permitting for industrial manufacturing projects, lay down EU origin •Maximum stake condition– Foreign investors could only directly or indirectly acquire, hold orexercise ownership interests representing a maximum of 49% of the share capital, voting rights The EC proposes that each of these areas be addressed in separate IAA chapters, which weindividually address below. •Joint ventures condition– For FDIs undertaken through a joint venture (JV) with one or moreEU entities, the foreign investor could hold no more than 49% of the control rights in any of the EU Being a legislative proposal, the IAA will now go through the EU’s ordinary legislative procedure. Itmay be substantially amended by the European Parliament and the Council of the European Union •Intellectual property rights condition– Foreign investors would have to enter into agreementsproviding for the licensing of intellectual property rights (IPRs) to the benefit of the EU target, toenable it to carry out its activities in the context of the FDI. All IPRs developed by the EU target ofthe entity owning the EU asset prior to the FDI would have to be exclusively owned by the EU target. The IAA’s foreign investment contribution rules would apply to certain FDIs, namely those above€100 million across four sectors (batteries, electric vehicles, photovoltaic and critical raw materials),where more than 40% of global manufacturing capacity would be held by the non-EU country of the •EU research and development condition– Foreign investors would have to direct at least 1% ofthe gross annual revenue of the EU target, or global revenue generated by the EU immovable asset, Under the IAA, covered investments would have to be approved by Member State investmentauthorities or the EC. They would have to be notified in advance for review and approval. •EU workforce condition– At the time of implementation of the FDI, and throughout its operation,at least 50% of the workforce employed in the context of the FDI would have to be made of EUworkers, across the workforce (including operational, technical supervisory and managerial positions).For EU targets and assets performing manufacturing activities, maintaining the existing workforce The IAA would only concern FDIs exceeding €100 million in certain key emerging sectorsthrough which investors would acquire or establish control of EU target companies or immovablemanufacturing assets. This could only be overturned by individual EU Member States’ designated Strengthening EU Strategic Industrial Value Chains •EU input condition– Foreign investors would have to prepare and publish a strategy forenhancing EU value chains and prioritising the sourcing of inputs from the EU, endeavouring The IAA would mostly exclude tenders by non-EU companies for EU public procurementprocedures concerning steel, concrete, mortar, aluminium and electric vehicles – except Investment authorities would be charged with regularly monitoring the FDI to ensure that itcontinues to fulfil the relevant conditions. Foreign investors would be required to regularly report For those same sectors, the IAA would require EU Member States to design public supportschemes to strengthen EU strategic value chains through EU origin requirements, low-carbon Enabling Conditions for Industrial Production and In addition, the IAA would empower the EC to adopt implementing acts with demand-sidemeasures concerning chemical products. This would be done to promote substances and The IAA would require that EU Member State access points be set up for industrialmanufacturing projects to be submitted, as well as single-application permit-granting procedures Observations Industrial Manufacturing Acceleration Areas The IAA may become one of the flagship economic policy proposals of the 2024-2029 EC. Whileperhaps narrower in scope than had been previously expected, rules concerning topics suchas FDI, state aid or public procurement in key sectors mean that the IAA is still likely to have a The IAA would require EU Member States to designate at least one industrial manufacturingaccelerat