In order to adapt the French system of foreign investment control to the current developments and challenges of the renewable energy sector, the decree of 10 September 2021 (published on 22 September 2021) on foreign investments in France extends the list of critical technologies (decree of 31 December 2019) to those involved in the production of renewable energy. Thus, research and development activities relating to the aforementioned technologies now fall within the scope of foreign investment control. This amendment shall make it possible to strengthen the protection of activities that are essential to guarantee the “greening” of the French energy mix. The decree also provides for changes to the authorisation or prior review procedure, and in particular completes the list of documents to be provided when submitting an application for authorisation. The latter is done in order to adapt it to the information requested under the European Cooperation Mechanism set up by EU Regulation 2019/452 (EU-FDI Screening Regulation). The rules will enter into force on 1 January 2022.
Reported by Agnieszka Nosowicz, CELIS Assistant Country Reporter for France.