The European Commission has launched a Call for Evidence to gather feedback on upcoming guidelines for implementing the Foreign Subsidies Regulation (FSR). This is the first step towards publishing the guidelines by 13 January 2026, enhancing legal certainty and transparency.
The FSR, in effect since 13 July 2023, allows the Commission to address distortions caused by foreign subsidies. It complements EU State aid rules and applies to mergers, public procurement, and other economic activities. The guidelines will clarify key concepts such as market distortions, the balancing test, and foreign subsidies in procurement. They will also outline the Commission’s power to request prior notification of certain transactions.
The Call for Evidence is open for feedback until 2 April 2025 on the Commission’s “Have your say” portal. Targeted consultations with Member States and stakeholders are also underway, with a public consultation on the draft guidelines to follow.
See the relevant press release.
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