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The future of EU Collaborations

Geopolitical shifts and Legal implications

Monique Pellinkhof

Head of Legal�GÉANT

Public / Confidential / Restricted

HEAnet Conference

November 2025

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A Changing Geopolitical Landscape

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Fragmentation of global digital order

Security, trust, and technology now central to EU policy and regulations

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Threats from infiltration and espionage via chips and IT equipment

First open discussions about blocking Chinese providers (such as Huawei and ZTE) started in the second half of the 2010’s

Initially focucces on mobile networks and critical infrastructure

Through political - and public pressure this lead to action in some countries
5G toolkit EC

Slide by O. Verschoor

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European Council: Strategic Agenda 2024 - 2029

European Commission President: Political Guidelines 2024 - 2029

A free and democratic Europe

A prosperous and competitive Europe

A strong and secure Europe

Upholding European values within the Union

Living up to our values at global level

Ensuring coherent and influential external action

Strengthening our security and defence and protecting our citizens

Bolstering our competitiveness

Pursuing a comprehensive approach to migration and border management

Preparing for a bigger and stronger Union

Making a success of the green and digital transitions

Promoting an innovation- and business-friendly environment

Advancing together

A new plan for Europe’s sustainable prosperity and competitiveness

Sustaining our quality of life: food security, water and nature

Supporting people, strengthening our societies and our social model

A new era for European Defence and Security

Protecting our democracy, upholding our values

A global Europe: Leveraging our power and partnerships

Delivering together and preparing our Union for the future

Making business easier

Putting research and innovation at the heart of our economy

Boosting productivity with digital tech diffusion

A more circular and resilient economy

A Clean Industrial Deal

Bringing the European Defence Union to life

Tackling the skills and labour gaps

Turbo charging investment

A Preparedness Union

Stronger common borders

A safer and more secure Europe

Social fairness in the modern economy

Standing fair and firm on migration

A Union of equality

Reuniting our societies, supporting our young people

Climate adaptation, preparedness and solidarity

Protecting our democracy

Putting citizens at the heart of our democracy

Strengthening the rule of law

Enlargement as a geopolitical imperative

A new economic foreign policy

A more strategic approach to our neighbourhood

Reshaping multilateralism for today’s world

An ambitious reform agenda for Europe

A new budget fit for our ambitions

Delivering together with the European Parliament

Slide by C. Stöver

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Issue drivers

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Geopolitical situation

Europe losing competitive edge

Cyber: non-state actors and trans-boundary threats

Jurisdictional status quo: national public security

EU is limited in decision-making

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Stick or carrot approach in all parts of the supply-chain

Stick

Avalanche of legislation

Carrot

Funding conditionality as extended stick (compliance = funding)

Figure: Elements of due-diligence within an entity (VV, 2024)

Slide by C. Stöver

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Building the Legal Toolbox for Strategic Autonomy within the EU

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Relevant EU Legislation Overview | Trade

On 12 July 2023, the Foreign Subsidies Regulation (FSR) came into force enabling the EC to address distortions caused by foreign subsidies and allows the EU to ensure a level playing field for all companies operating in the single market, while remaining open to trade and investment.
The EU International Procurement Instrument (IPI) lays down the procedures whereby the EC can investigate alleged measures or practices negatively affecting the access of EU businesses, goods, and services to non-EU procurement markets, and consult with the non-EU countries concerned. As a last resort, it can impose measures restricting their companies’ access to restrict access to the EU public procurement market.
The Anti-Coercion Instrument (ACI) gives the EU a wide range of possible countermeasures when a third country refuses to remove the coercion. These include the imposition of tariffs, restrictions on trade in services and trade-related aspects of intellectual property rights, and restrictions on access to foreign direct investment and public procurement.
Strategic autonomy and the Foreign Direct Investment Screening (FDI) – 2019 allows the Commission to issue opinions when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU.

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Relevant EU Legislation Overview | Security

NIS2 Directive (EU) 2022/2555	Cyber Resilience Act (CRA, EU 2024/2847)
Harmonizes cybersecurity risk management and reporting across the EU Applies to 18 sectors: energy, health, digital infrastructure, public administration, etc. In force since Jan 2023; full effect from May 2025 Key obligations: Mandatory risk management & incident reporting Board-level accountability Supply chain security & vulnerability management National authorities empowered to supervise & sanction Direct impact on digital infrastructure providers	Mandatory cybersecurity for products with digital elements (hardware/software) In force Dec 2024; main obligations apply from Dec 2027 Key obligations: Secure design, development, and maintenance Mandatory vulnerability handling & security updates CE marking for compliant products Third-party assessment for critical products Applies to all connected products (except those already regulated) Directly binding on manufacturers, importers, distributors

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Legal Framework | EU Russian sanctions

18 additional measures package adopted since 2022	The EU massively expanded the sanctions. It added a significant number of individuals and organisations to the sanctions list and adopted unprecedented measures with the aim of weakening Russia's economic base, depriving it of critical technologies and preventing circumventing.
Regulation (EU) No 833/2014, as consolidated in Regulation (EU) 2024/1485 (as of 28 May 2025)\| Essential Telecom operation exemption	Competent authorities may authorise such activities if strictly necessary for Provision of electronic communication services by EU telecom operators — necessary for: Operation, maintenance, and security (including cybersecurity), Covering Russia, Ukraine, the Union, and connections between them, Including data canter services within the Union.
5^th Excluding Russia from public contracts and European money	Full prohibition on the participation of Russian nationals and organisations in procurement contracts in the EU. Restriction on financial and non-financial support to Russian publicly owned or controlled organisations under EU, Euratom and Member State programmes

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�Legal Turningpoint | Caselaw on Global Procurement Agreement

CJEU 25-03-2025 (C-266/22) legal rule: EU contracting authorities can exclude third country parties from a tender procedure if these countries are not within the GPA – or other international (trade) treaties.

Art. 24 EU Directive 2014/24/EU - Equal treatment in tenders for all 21 participating entities (EU respresents 27 countries) within the GPA
Art. 346 TFEU - Excemption and restriction based on the essential national security interest of EU member states and if the contract is outside of scope of the GPA

certain industries (some strategic technologies) – security, critical infrastructure & telcom
certain government institutions - defence
below thresholds
China is not a member of the GPA, USA and Russia are

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Conclusions and Looking forward

2025-2026 Implementation of Regulatories

Strategic autonomy = operational reality

Closer coordination between trade,security, digital and law

✅ Important to strike the balance between economic openness and security

✅ EU needs to create a coherent legal framework linking cybersecurity & trade�✅ Strategic autonomy needs to strengthens resilience, trust, and compliance�✅ Collaboration remains central—but with clearer, lawful boundaries�✅ Research, education & digital networks are at the front line of this shift

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Thank You

Any questions?

www.geant.org

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