Today, the Federal Cabinet adopted , which had been tabled by the Federal Ministry for Economic Affairs and Energy. This 15th revision of the Ordinance focuses on the healthcare sector. It stipulates a new notification requirement that applies whenever a company from outside the EU wants to acquire a share of more than 10% in a German company developing or producing vaccines, pharmaceuticals, personal protective equipment (e.g. facemasks or surgical masks), or medical products intended for the treatment of highly infectious diseases (e.g. ventilators). The new rules will enter into force as soon as they have been promulgated in the Federal Gazette.
Said : “In revising the Foreign Trade and Payments Ordinance to this effect, we are ensuring that the Federal Government will become aware of acquisitions of critical companies in the healthcare sector and be able to assess these. The current COVID-19 crisis shows just how important it can be to have medical expertise and production capacity in Germany and Europe in a crisis. At the same time, the revised ordinance makes an important contribution to the safeguarding of a well-functioning healthcare system in Germany.”
The Federal Ministry for Economic Affairs and Energy is planning to table proposals for additional amendments to the Foreign Trade and Payments Ordinance this summer. These amendments are to complement the revision of the Foreign Trade and Payments Act, which was adopted by the Federal Cabinet on 8 April 2020 and is currently going through the parliamentary procedure.