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European Commission Publishes the Proposed Industrial Accelerator Act

By Sibel Yilmaz, Carole Maczkovics, Laurie-Anne Grelier, Wolfgang Maschek, Katharina Ewert, Atli Stannard, Sam Jungyun Choi, Romain Girard & Matthieu Coget on March 16, 2026
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On 4 March 2026, the European Commission (the “Commission”) published its proposal for a regulation establishing a framework for the acceleration of its industrial capacity and decarbonisation in strategic sectors (“Proposed Industrial Accelerator Act”, or “Proposed IAA”), accompanied by four annexes. The initiative is intended to strengthen the EU’s industrial base while accelerating decarbonisation in key manufacturing sectors considered strategically important (i.e., energy-intensive industries, net-zero technology manufacturing, and the automotive manufacturing ecosystem). These sectors currently represent less than 15% of EU GDP, and the Commission’s objective is to increase this share to 20% by 2035. The Proposed IAA was delayed three times before publication and underwent significant rewriting, which reflects both internal debates within the Commission and diverging reactions from Member States.  It also reflects the challenges posed by the broader geopolitical context, as the Commission aims to address economic security concerns through industrial policies whilst navigating international trade relationships and commitments.

The Proposed IAA introduces a regulatory framework combining three policy tools. First, it establishes demand-side measures designed to create “lead markets” for low-carbon and “Made in EU” industrial products through public procurement and certain public support schemes. Second, it introduces conditions for allowing certain foreign direct and indirect investments (“FDI”) in strategic sectors, aimed at maximising the industrial benefits of such investments within the EU. Third, it includes measures to streamline permitting procedures and facilitate industrial clustering, with the objective of accelerating the deployment of manufacturing projects.

This blog summarises the key aspects of each tool and their potential implications for companies active in the covered industries or looking to invest in the covered industries.

I.              “Made in Europe” and Low-Carbon Requirements in Public Procurement and Public Support Schemes

A.            Scope

The Proposed IAA aims to use demand-side measures to stimulate market demand for European-made and low‑carbon industrial products essential for the EU’s industrial resilience and decarbonisation.

These measures would progressively apply to:

  • public procurement of works contracts or concessions for buildings and infrastructure as well as the lease and purchase of electric, hybrid or fuel cell vehicles;
  • public support schemes to support households or businesses for the construction or renovation of buildings and infrastructures, as well as the lease and purchase of motor, electric, hybrid or fuel cell vehicles;
  • public procurement where contracts have net-zero technologies as their subject matter, auctions to deploy renewable energy sources, and public support to the manufacturing of net-zero technologies or schemes supporting demand for net-zero technology final products.  

Products used in these instances would have to meet various low-carbon and EU origin content requirements. These relate to:

  • Energy-intensive industries, such as steel, cement (concrete and mortar), and aluminium;
  • Net-zero technologies manufacturing (including battery energy storage systems, nuclear technologies, and onshore/offshore wind technologies, as defined in the Net-Zero Industry Act (“NZIA”; see our blog on that instrument);
  • Automotive supply chains, including electric vehicles and key components such as battery cells and e-powertrain systems; and
  • Potentially parts of the chemical industry, if the Commission extends the Proposed IAA’s scope through delegated acts.

An earlier draft of the Proposed IAA leaked in the press, included as “strategic sectors” (among others) advanced semiconductor technologies, artificial intelligence technologies, quantum technologies, and robotics and autonomous systems—but these have been dropped from the Proposed IAA published by the Commission.

B.            Low-Carbon and Union-Origin Requirements

The Proposed IAA introduces low-carbon requirements for steel, and Union origin and low-carbon requirements for concrete and mortar and aluminium used in specific downstream sectors, namely buildings, infrastructure, and transport, as well as Union origin requirements for vehicles and for net-zero technologies (including for key components).

1.             Low-carbon requirements for energy-intensive materials

The Proposed IAA introduces minimum shares of low-carbon products that must be used in public procurement or support schemes involving energy-intensive materials. The definition of “low-carbon” steel and other industrial products would rely on methodologies established under existing EU product legislation, such as the Construction Products Regulation and the Ecodesign for Sustainable Products Regulation.

2.             Union-origin requirements

“Union origin” is defined by reference to the EU’s rules of origin under the Union Customs Code. Additionally, content from third countries that have concluded a free trade agreement (“FTA”) or customs union with the EU is considered equivalent to Union origin. In public procurement procedures, the same applies to content originating from countries that are parties to the WTO Government Procurement Agreement (“GPA”), where the EU must grant non-discriminatory access.

In any case, the Commission may exclude a third country, in whole or in part, where it does not in fact offer reciprocal access to its market for EU companies, where its exclusion is justified by the need to avoid dependencies or threats to security of supply, or where another applicable exception applies under the relevant agreements with that country.

C.            Access to Public Procurement Procedures, Auctions or Public Support Schemes

The Commission emphasises that the Proposed IAA is intended to remain compatible with EU procurement law and the EU’s international commitments, including its WTO obligations.

Where a third country has not concluded an international agreement with the Union guaranteeing access to its public procurement market for European firms, operators owned or controlled by entities established in that country will be excluded from public procurement procedures in Europe that fall within the scope of the Proposed IAA. This compulsory exclusion could be extended to all sectors with the upcoming revision of the public procurement and concession directives.

To address cybersecurity concerns relating to energy grids, high-risk suppliers (which will be defined in the upcoming Cybersecurity Act 2) would be prevented from supplying critical components for net-zero technologies to bidders of renewable energy auctions, tenderers of public procurement procedures, or final products supported by government intervention.

II.             Additional conditions on certain Foreign Direct Investment into the EU

The Proposed IAA would condition certain investments on meeting a set of pre-defined requirements designed to bring and retain industrial value in the EU. This is intended to apply fully to direct investments while for indirect investments, the draft text suggests that the investment authority has some discretion as to which conditions to apply. This new framework would operate in addition to the existing EU FDI screening framework, as recently amended (as to which, see our blog).

A.            Scope of the Framework

The Proposed IAA would require mandatory pre-close screening of certain foreign investments meeting the following cumulative criteria:

  • The investment value exceeds EUR 100 million;
  • The investment target undertakes manufacturing activities in the EU in one of the following four sectors: (i) battery technologies and their value chain, (ii) electric vehicles and related components, (iii) solar PV technologies, and (iv) extraction, processing or recycling of critical raw materials;
  • The investor originates from a non-EU country which holds more than 40% of global manufacturing capacity in the relevant sector; and
  • The planned investment results in the investor acquiring 30% or more of share capital, voting rights, or equivalent ownership interests.

To receive clearance, investors would have to commit to bring some industrial added value to the EU by: keeping investment below control, technology transfers to the EU, financing of EU-based R&D, employing 50% of the workforce in the EU, and sourcing 30% of inputs from the EU.

National FDI screening mechanisms would continue to apply, which could result in additional remedies imposed on investors to receive national clearances.  Investors from countries that have free trade agreements with the EU might benefit from an exemption from these requirements, though the text maintains room for an à la carte application of this exemption.

B.            Governance and Enforcement

Responsibility to enforce the framework would not only rest with national “Investment Authorities” designated by Member States. The Commission would also have the power to review, on its own initiative, investments deemed particularly important to the EU’s economic security and have the final say, in addition to a consultative and coordinating role. These roles are expected to be exercised by DG GROW, which is responsible for industrial policy.

This governance model raises several open questions. In particular, it remains unclear whether Member States would rely on existing FDI screening authorities or designate separate bodies responsible for industrial investment policy. The Commission’s involvement and power to overrule Member States would likely trigger debate as the text progresses in the legislative process, underscoring the blurred line between economic security (an EU competence) and national security (a Member State competence).

C.            Procedural Features

The review procedures established under the Proposed IAA could be relatively lengthy. The framework provides for an initial review phase of between 60 and 105 days, with the possibility of an additional second-phase investigation of up to 60 days for more complex cases. The mechanism operates as a pre-closing review framework. Investors would have to await clearance before implementing their investment.

Approved investments would also be subject to ongoing monitoring and reporting obligations.

III.           Accelerated Permitting and Industrial Manufacturing Clustering

The Proposed IAA’s third pillar aims to facilitate industrial investment by accelerating permitting procedures and encouraging the geographic clustering of manufacturing activities.

A.            Streamlined Permitting for Industrial Manufacturing Projects

The Proposed IAA seeks to accelerate permitting for industrial manufacturing and decarbonisation projects in covered sectors, addressing lengthy and complex administrative procedures frequently cited as barriers to investment. Building on existing initiatives such as the NZIA, the Proposed IAA promotes more coordinated permit‑granting processes, including single contact points, increased digitalisation and improved coordination between authorities. The Proposed IAA also strengthens digital access to permitting information, requiring Member States to make information on relevant procedures available through EU‑level digital portals under the Single Digital Gateway Regulation.

B.            Industrial Manufacturing Acceleration Areas

Complementing these reforms, the Proposed IAA requires Member States to designate at least one industrial manufacturing acceleration area within their territory. Projects located in these areas may benefit from simplified permitting through an aggregated baseline permit covering multiple authorisations, with individual projects requiring only installation‑specific permits.

IV.           Concluding Remarks

For businesses, the Proposed IAA signals three notable developments. First, public procurement and public support schemes are increasingly likely to become strategic industrial policy tools, with contracting and granting authorities required to integrate carbon-intensity and Union-origin criteria into procurement procedures or support schemes relating to industrial materials, clean technologies, and products used in sectors such as construction, infrastructure, transport and vehicle fleets. Second, large foreign investments in strategic manufacturing sectors in the EU (in particular, energy-intensive industries, net-zero technology manufacturing, and parts of the automotive value chain) may become subject to industrial policy conditions aimed at ensuring that such investments contribute to the development of European industrial capacity. Third, projects located in industrial manufacturing acceleration areas may benefit from simplified permitting procedures intended to facilitate faster deployment of manufacturing capacity.

As the Proposed IAA moves through the legislative process, negotiations are likely to focus on the scope of the demand-side requirements and the design of the investment conditionality framework, particularly in light of existing procurement rules (as well as their upcoming revisions), international trade commitments and the EU’s evolving economic security agenda.

Photo of Sibel Yilmaz Sibel Yilmaz

Sibel Yilmaz advises on all aspects of competition law and foreign investment within the EU, the Nordics and internationally, with a focus on life sciences, technology and private equity.

Sibel has particular expertise in the life sciences sector and has been involved in…

Sibel Yilmaz advises on all aspects of competition law and foreign investment within the EU, the Nordics and internationally, with a focus on life sciences, technology and private equity.

Sibel has particular expertise in the life sciences sector and has been involved in some of the industry’s most high profile matters in recent years, including representing Novartis on its $30 billion acquisition of GSK’s oncology business, advising Takeda on its sale of certain respiratory products to AstraZeneca and representing clients in several investigations relating to alleged excessive prices and other non-competitive practices in the life science sector.

Sibel is ranked among the world’s top antitrust practitioners by Global Competition Review, who included her in their most recent 40 Under 40 survey, as well as Chambers Global. She is described as “a brilliant and promising lawyer, who is highly recommended for complex merger work” and “an exceptional talent”, “absolutely a tip for the top.”

Sibel received her LL.M. in Law and Economics from the University of Rotterdam and Master of Law from Stockholm University and is admitted to practice in Belgium and Sweden.

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Photo of Carole Maczkovics Carole Maczkovics

Carole Maczkovics has developed a cutting-edge expertise in State aid law, regulation of network industries and public contracts (including subsidies, public procurement, concessions, and management contracts) with the Belgian and European authorities.

Carole has a proven track record of advising public and private…

Carole Maczkovics has developed a cutting-edge expertise in State aid law, regulation of network industries and public contracts (including subsidies, public procurement, concessions, and management contracts) with the Belgian and European authorities.

Carole has a proven track record of advising public and private entities, which she successfully represents in administrative and judicial proceedings on complex state aid, public procurement and regulatory issues before the European Commission as well as before the Belgian and European courts.

She has published many articles on State aid law and on network industries, and contributes to conferences and seminars on a regular basis.

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Photo of Laurie-Anne Grelier Laurie-Anne Grelier

Laurie-Anne Grelier Laurie-Anne Grelier assists global companies, especially Asian multinationals, with navigating complex areas of European competition law, including antitrust and cartel investigations, the clearance of mergers, the structuring of distribution, collaborative and other commercial arrangements, and issues related to abuse of dominant…

Laurie-Anne Grelier Laurie-Anne Grelier assists global companies, especially Asian multinationals, with navigating complex areas of European competition law, including antitrust and cartel investigations, the clearance of mergers, the structuring of distribution, collaborative and other commercial arrangements, and issues related to abuse of dominant position. Ms. Grelier also assists these companies in litigation before the European Courts, as well as with state aid and trade matters.

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Photo of Wolfgang Maschek Wolfgang Maschek

Wolfgang A. Maschek is the Head of the European Public Policy Practice based in the Brussels office. Wolfgang’s practice includes representing both private and public sector clients at EU and national level across various regulated industries and policy matters. With over two decades…

Wolfgang A. Maschek is the Head of the European Public Policy Practice based in the Brussels office. Wolfgang’s practice includes representing both private and public sector clients at EU and national level across various regulated industries and policy matters. With over two decades of experience leading public policy teams across various regulated industries, Wolfgang connects with clients by leveraging his extensive legal and regulatory expertise to overcome complex challenges and seize business opportunities in Europe. His experience includes areas such as international trade, foreign direct investment, technology and AI, financial services, healthcare, and environmental and chemicals policy.

For the last decade, Wolfgang successfully led the Brussels-based public policy team at an international law firm. Earlier in his career, Wolfgang served as Senior Counsel and Head of the European Regulatory and Public Affairs department at a global financial services provider. Between 2002 and 2006, Wolfgang represented the Austrian Central Bank in Brussels, where he was responsible for liaising with European institutions and advising on European developments affecting monetary policy and financial market supervision. Wolfgang’s experience also includes working at the European Commission and at the Oesterreichische Kontrollbank.

Wolfgang has consistently been recognized by Chambers Europe and other ranking platforms as a leading lawyer in the Government and Public Affairs field.

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Photo of Atli Stannard Atli Stannard

Atli Stannard has broad experience related to genomics, distributed ledger technology (blockchain), tax, and trade policy issues.

Mr. Stannard has particular experience in EU trade policy and regularly advises on EU market access and customs classification issues. He has assisted a number of…

Atli Stannard has broad experience related to genomics, distributed ledger technology (blockchain), tax, and trade policy issues.

Mr. Stannard has particular experience in EU trade policy and regularly advises on EU market access and customs classification issues. He has assisted a number of clients affected by EU trade policy developments relating to the imposition of U.S. tariffs, and the potential disruption of Europe-wide supply chains due to Brexit.

Mr. Stannard also advises clients on developments in EU policy and regulatory action relevant to genomics (the in vitro diagnostic medical devices regulation, data protection and data transfer, provision through national health systems), and technology clients on EU and international regulatory initiatives on Blockchain. His practice also encompasses EU tax policymaking, and he has advised clients on the EU Digital Services Tax proposals.

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Photo of Romain Girard Romain Girard

Romain Girard advises multinational corporations and institutions on complex antitrust and foreign direct investment (FDI) regulatory matters. The Legal 500 UK recognizes Romain in the EU and Competition category, describing him as “helpful, knowledgeable and personable” and “his legal knowledge is spot on…

Romain Girard advises multinational corporations and institutions on complex antitrust and foreign direct investment (FDI) regulatory matters. The Legal 500 UK recognizes Romain in the EU and Competition category, describing him as “helpful, knowledgeable and personable” and “his legal knowledge is spot on – in particular, his awareness of legal developments in key jurisdictions across the world is very useful.”

Romain has extensive experience advising clients on all aspects of EU, UK and international antitrust and FDI matters and representing them before the European Commission, as well as UK competition authorities and courts. His practice covers multiple industries including financial institutions and private equity, telecommunications media and technology, cybersecurity, artificial intelligence, aerospace, metals and mining, automotive, defense, and life sciences.

Romain’s practice also covers international trade and EU/UK sanctions, with extensive experience navigating the complexities of these highly dynamic regimes both defensively (i.e. advising on third party audits and lawsuit), and offensively (advising on voluntary disclosures and complaints).

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Photo of Matthieu Coget Matthieu Coget

Matthieu Coget advises multinational companies and governments on EU public policy, trade, and regulatory environmental, social, and governance (ESG) matters.

Matthieu has particular experience advising clients on the European Union’s Green Deal, EU trade law and economic security measures. He also assists Covington’s…

Matthieu Coget advises multinational companies and governments on EU public policy, trade, and regulatory environmental, social, and governance (ESG) matters.

Matthieu has particular experience advising clients on the European Union’s Green Deal, EU trade law and economic security measures. He also assists Covington’s clients in drafting their EU engagement strategies.

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  • Posted in:
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  • Blog:
    Global Policy Watch
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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