EC consultation on cross-border investment within the EU

The European Commission has launched a 3-month public consultation on cross-border investment within the EU with deadline 8 September 2020.

To optimise the investment climate in the EU, the initiative aims to explore how to:

·       clarify the rules that protect and facilitate investment between EU countries

·       introduce new measures to fill the gaps

·       improve enforcement in dispute cases between investors and national governments.

The consultation document contains five separate sections, including:

·       Section I contains general questions to gather input on respondents’ familiarity with cross-border investments and linked issues.

·       Section II seeks feedback from stakeholders on rules to protect intra-EU investments.

·       Section III invites views on enforcement of intra-EU investment protection rules, including dispute resolution mechanisms and remedies when issues related to cross-border investments arise.

·       Section IV contains some general questions to assess the overall EU investment protection framework.

·       Section V seeks views of stakeholders on measures to facilitate and promote cross-border investment.

On the basis of the public consultation outcome, the EC will assess whether action by way of legislative and nonlegislative measures is necessary.