EU Inc (the 28th regime) · 2026/0074(COD)
Supports the EU Inc. proposal but wants targeted adjustments on sectoral agency data sharing, IP valuation confidentiality, and recalibration of the EU Employee Stock Option Plan to better fit biotech and deeptech scaleups.
Extend the once-only principle voluntarily to key EU sectoral agencies like EMA, EFSA, and ECHA, with scope defined by implementing act, and require national regulatory and innovation funding bodies to accept the European Unique Identifier as primary.
“First, Article 20 should extend the once-only principle, on a voluntary basis and without prejudice to sector-specific law, to key EU sectoral agencies (e.g. EMA, EFSA, ECHA), with the scope defined by the implementing act. National regulatory and innovation funding bodies should accept the European Unique Identifier as a primary identifier.”
Feedback, 2026-06-24
Limit public disclosure of early-stage IP valuation to asset descriptions, valuation methods, and expert confirmation, keeping valuation figures accessible only to competent authorities and persons with legitimate interest, and move value requirements from public articles to an accompanying declaration under the same access regime.
“Article 65 should better protect commercially sensitive early-stage IP. While maintaining expert valuation, liability safeguards and register filing, public disclosure should be limited to asset descriptions, valuation methods and the experts confirmation. Valuation figures should remain accessible to competent authorities and persons with a legitimate interest. The value requirement should be moved from publicly filed articles to an accompanying declaration under the same access regime.”
Feedback, 2026-06-24
Recalibrate the EU Employee Stock Option Plan by reducing the mandatory 24-month exercise lock-up to 12 months for companies in critical technology sectors, allow exercise of vested warrants on departure, acquisition, or death, and replace the 25% ownership exclusion and 24-month look-back with adjusted terms or limit the exclusion to holdings at issuance.
“Article 78 (EUESO) should be recalibrated. The mandatory 24month exercise lock-up is longer than comparable regimes and, combined with non-transferability and a 25% ownership exclusion with a 24month look-back, disproportionately affects founders in early-stage companies. For companies active in STEP-critical technology sectors, the waiting period should be reduced to 12 months (self-declared at issuance, subject to verification). Vested warrants should be exercisable in standard cases (departure, acquisition, death). The categorical 25% exclusion should be replaced with adjusted terms (a higher strike price and a shorter term), or, at a minimum, be limited to holdings at issuance without a look-back.”
Feedback, 2026-06-24
Add a recital clarifying that the equal-treatment obligation in Article 103 also covers facially neutral criteria that have discriminatory effects in practice against EU Inc. companies.
“A recital should clarify that the equal-treatment obligation also covers facially neutral criteria that have discriminatory effects in practice.”
Feedback, 2026-06-24
Ensure Member State implementation does not limit the tax advantage of deferral until disposal under the EU-ESO and align the design of the EU-ESO with market practice by reducing lock-up periods and ownership exclusions to improve competitiveness.
“Its deferral of taxation until disposal of the shares is a genuine improvement... This advantage may, however, be limited in practice by Member State implementation under Article 79(4). Notwithstanding, two design choices reduce its competitiveness: a mandatory exercise lock-up under Article 78(3)(c), which is too long, and a categorical ownership exclusion with a look-back under Article 78(2), which is too broad.”
EU Inc. EuropaBio SME and startups feedback.pdf, page 3
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