Chinese Foreign Investments in the European Union Energy Sector: The Regulation of Security Concerns

Abstract

Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.