In its Communication of 13 March 2020, the Commission stated that “Member States must be vigilant and use all available instruments at EU and national level to prevent the current crisis from leading to a loss of critical resources and technologies”. Among them, the Commission included, in a note of 26 March 2020, in particular (but not exclusively) those related to the health care supply chain.
According to Article 4 of the Regulation, among the factors to be considered in determining whether a foreign direct investment may affect security or public order, their potential effects may be taken into account on the following sectors:
- critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- critical technologies including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
- supply of critical inputs, including energy or raw materials, as well as food security;
- access to sensitive information, including personal data, or the ability to control such information
- the freedom and pluralism of the media
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