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EU considers tech transfer requirements for Chinese investments in Europe

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The European Union is weighing the introduction of technology transfer and know-how requirements for Chinese investments in Europe, according to EU Trade Commissioner Maros Sefcovic and Danish Foreign Minister Lars Rasmussen, who spoke after a ministerial meeting in Denmark on Tuesday.

The discussions, centered on economic security, come ahead of a European Commission paper expected by year’s end outlining the bloc’s strategy for managing foreign investments amid rising geopolitical tensions with China.

Rasmussen said Europe must learn from China and the United States, both of which impose strict conditions on foreign investors. “If we invite Chinese investments to Europe, it must come with the precondition that we also have some kind of technology transfer,” he said. “We find ourselves in new circumstances.”

European officials argue that China has long benefited from mandatory technology transfers imposed on European companies operating in the Chinese market, whether through joint-venture requirements or licensing regulations.

Sefcovic said that while the EU continues to welcome foreign investment, these should be “real investments” that contribute to the bloc’s job creation, technological development, and intellectual property growth. “European companies have been transferring know-how to China for decades,” he said. “It is time for reciprocity.”

On Wednesday, Chinese Foreign Ministry spokesperson Lin Jian criticized the proposal, saying China opposes “forced technology transfer” and any “protectionist and discriminatory practices” disguised as competitiveness measures.

EU ministers broadly backed the initiative, with the Commission now tasked with translating the discussion into formal policy proposals by the end of the year.

EU Seeks Tech Investment Review to Guard Economic Security

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The European Commission has called on the 27 EU member states to conduct a comprehensive 15-month risk assessment of outbound investments in key technologies, including semiconductors, artificial intelligence (AI), and quantum technologies. This move is part of a broader effort to safeguard the EU’s economic security and prevent the transfer of critical technologies to potentially hostile foreign entities.

Overview of the Risk Assessment Request

The European Commission has requested that EU members review their companies’ investments in non-EU countries dating back to January 2021. The review should provide an interim progress report by July 2025 and a final assessment by June 2026. The aim is to identify any potential risks associated with technology transfers that could be exploited by rival states or military entities, especially in light of recent global security challenges.

Background and Rationale

This initiative is part of the EU’s ongoing efforts to bolster economic security, which have gained importance in response to multiple global crises, such as the COVID-19 pandemic, Russia’s invasion of Ukraine, and rising cyberattacks. The EU is particularly focused on technologies that could be leveraged for military or intelligence purposes by adversarial nations like China, which has raised concerns over technology leakage in the past.

The EU’s strategy, which was first laid out a year ago, includes more stringent oversight of foreign investments and exports, as well as enhanced controls on technology outflows. This is seen as a critical measure in ensuring that European companies do not inadvertently facilitate the advancement of hostile powers through uncontrolled technology transfers.

Potential for Further Action

The review will provide valuable insights into the scale of risks posed by current investment patterns and help the EU determine whether additional regulatory measures are necessary at either the national or EU-wide level. This could lead to more specific restrictions or guidelines governing investments in high-tech sectors that are deemed vital for the EU’s strategic interests.