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News article27 September 2023

Foreign subsidies Implementing Regulation adopted, notification forms coming in from October!

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The Foreign subsidies Regulation applies from 12 July 2023, and the notification obligations for high-value public procurements apply from 12 October 2023.

The Regulation provides that as of 12 October 2023, economic operators participating in a public procurement procedure with a contract value of at least €250 million are under an obligation to notify all granted foreign financial contributions of at least €4 million per non-EU country.

The submission of a notification or declaration shall take place with the submission of the tender (or in case of multi-stage public procurement, with the request to participate and with the final tender).

To facilitate the submission of notifications and declarations, economic operators are invited to use the designated eForm. More information will be available on the DG GROW website on FSR before the 12 October.

On 10 July 2023, the Commission adopted the Implementing Regulation (EU) 2023/1441 (see the press release) laying down the procedures for notifying, and content of, notifications of concentrations and public procurement bids, rules for calculating time limits, procedural rules on preliminary reviews and in-depth investigations in cases of suspected distortive foreign subsidies. For more information on the implementing Regulation, see here.

Practical information on the FSR, including Questions and Answers specific to public procurement, can be found here.

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