FDI screening:Key changes to the applicable legislation

The Government adopted the GEO no. 17/2026, in force since 13.03.2026, amending and supplementing the legal framework for FDI screening established under the GEO no. 46/2022. The new regulation aims to clarify existing procedures, to modify the threshold for EU FDI screening from 2 to 5 million euros, widen the scope of the mechanism and strengthen the examination tools of investments potentially impacting national security or public order.
 
The newly enacted legislative changes are also part of a broader European trend to strengthen FDI screening mechanisms, in application of Regulation (EU) 2019/452.
  Extended coverage of the definition of investment – it now includes the acquisition of assets Clarification of sensitive areas Mechanisms for anti-fragmentation of transactions Exceptions for intra-group reorganizations Reduction of the amount of the screening fee Strengthening the institutional role of the CEISD Modifications to procedural timelines Impact of the changes on the investment environment   Continue reading

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