This information was provided by Gerard Kreijen on 15 September 2020,
and should be reviewed against any later legislative updates.
In the Netherlands, there currently is no general regulation for foreign direct investment screening in force. Some limited screening applies to certain specific sectors considered vital to security or public order. These will be found in sector specific legal acts, such as the Mining Act, the Electricity Act, the Gas Act and the Drinking Water Act.
There are two draft acts pending concerning a foreign direct investment screening mechanism. First, there is the Implementing Act Screening Regulation Foreign Direct Investment, which will implement Regulation (EU) 2019/452. This draft act is a rather technical and short piece that closely follows EU Regulation 2019/452. It will too enter into force as of the date that the EU regulation applies (11 October 2020). Secondly, there is the draft Telecommunications Sector (Undesirable Control) Act. By virtue of this act, the Minister of Economic Affairs may prohibit an acquisition if it has significant impact on the Dutch telecom sector and affects national security or public order. Pursuant to the draft act a party has ‘control’ when it can exercise at least 30% of the voting rights in the General Shareholders Meeting or is able to dismiss and appoint the majority of the company’s management.
In addition, the Netherlands will introduce a novel system for investment testing for national security risks. For now, this appears to be the most important development with respect to foreign investment screening in the Netherlands. Basically, the new test seeks to combine existing and new sectoral screening tests with a broad test for investments that are not covered by the sectoral tests. The government has stated that the new system will be based on a reporting duty and risk analysis aimed at risk mitigation and that it will include a blocking/unwinding option for investments that are considered a security risk. The test will include technology that can impact national security and, consequently, takes into consideration existing control regimes for dual-use and strategic goods. The system may be flexibly adjusted if required by changing security considerations and relevant economic developments. The government has stated that it aims to submit a draft act for parliamentary approval by the end of 2020.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
Yes, this applies with regard to the Dutch Electricity Act 1998 and the Gas Act (please refer to the answer to Question 1). However, these acts are as such not premised on FDI-screening.
There are currently no FDI-screening regulations in force in the Netherlands.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
It will under the Danish Munitions Act.
But the target might be required to inform the markets on changes in ownership etc. if it is traded on the stock exchange under the capital market legislation.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.
There are currently no FDI-screening regulations in force in the Netherlands.
Please refer to the answer to Question 1 for an overview of the legal proposals in this regard.