Foreign Subsidies Regulation (FSR) – Regulation (EU) 2022/2560

Subject matter and scope

1. The purpose of this Regulation is to contribute to the proper functioning of the internal market by establishing a harmonised framework to address…

Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘an undertaking’, in the context of public procurement procedures, means ‘economic…

Existence of a foreign subsidy

1. For the purposes of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides, directly or indirectly, a financial…

Distortions in the internal market

1. A distortion in the internal market shall be deemed to exist where a foreign subsidy is liable to improve the competitive position of an undertaking in the…

Categories of foreign subsidies most likely to distort the internal market

1. A foreign subsidy is most likely to distort the internal market where it falls under one of the following categories: (a) a foreign subsidy granted to an…

Balancing test

1. The Commission may, on the basis of information received, balance the negative effects of a foreign subsidy in terms of distortion in the internal market…

Commitments and redressive measures

1. The Commission may impose redressive measures in order to remedy the distortion in the internal market actually or potentially caused by a foreign subsidy…

Information on future concentrations and public procurement procedures

In decisions adopted pursuant to Articles 11, 25 and 31, and where proportionate and necessary, the undertaking under investigation may be required to inform…

Ex officio review of foreign subsidies

1. The Commission may on its own initiative examine information from any source, including Member States, a natural or legal person or an association…

Preliminary review

1. Where the Commission considers that the information referred to in Article 9 indicates the possibility that a foreign subsidy distorting the internal market…

In-depth investigation

1. During the in-depth investigation, the Commission shall further assess the foreign subsidy identified in the decision to initiate the in-depth investigation…

Interim measures

1. To preserve competition in the internal market and prevent irreparable damage, the Commission may adopt an implementing act in the form of a decision…

Requests for information

1. To carry out the duties assigned to it by this Regulation, the Commission may require information in line with this Article. 2. The Commission may require…

Inspections within the Union

1. In order to carry out the duties assigned to it by this Regulation, the Commission may conduct the necessary inspections of undertakings and associations of…

Inspection outside the Union

In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that…

Non-cooperation

1. The Commission may take a decision pursuant to Article 10, Article 11, Article 25(3), point (c) or Article 31(2), on the basis of the facts available, where…

Fines and periodic penalty payments

1. The Commission may, by decision, impose fines or periodic penalty payments where an undertaking or an association of undertakings, intentionally or…

Revocation

1. The Commission may revoke a decision taken pursuant to Article 11(2), (3) or (4), Article 25(3), and Article 31(1), (2) or (3), and adopt a new implementing…

Distortions in the internal market caused by foreign subsidies in concentrations

When assessing whether a foreign subsidy in a concentration distorts the internal market within the meaning of Article 4 or 5, that assessment shall be limited…

Concentrations and notification thresholds

1. For the purposes of this Regulation, a concentration shall be deemed to arise where a change of control on a lasting basis results from either of the…

Prior notification of concentrations

1. Notifiable concentrations shall be notified to the Commission prior to their implementation and following the conclusion of the agreement, the announcement…

Calculation of turnover

1. Aggregate turnover shall comprise the amounts derived by the undertakings concerned in the preceding financial year from the sale of products and the…

Aggregation of financial contributions

The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions provided by…

Suspension of concentrations and time limits

1. A notifiable concentration shall not be implemented before its notification. In addition: (a) where the Commission receives a complete notification, the…

Procedural rules applicable to the preliminary review and the in-depth investigation of notified concentrations

1. Articles 10, 11(1), (3) and (4), Articles 12 to 16 and 18 shall apply to notified concentrations. 2. The Commission may initiate an in-depth investigation…

Fines and periodic penalty payments applicable to concentrations

1. The Commission may impose fines or periodic penalty payments as set out in Article 17. 2. The Commission may, by decision, also impose fines upon…

Foreign subsidies distorting the internal market in the context of public procurement procedures

Foreign subsidies that cause or risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an economic…

Notification thresholds in public procurement procedures

1. For the purposes of this Regulation, a notifiable foreign financial contribution in a public procurement procedure shall be deemed to arise where: (a) the…

Prior notification or declaration of foreign financial contributions in the context of public procurement procedures

1. Where the conditions for the notification of financial contributions in accordance with Article 28(1) and (2) are met, economic operators participating in a…

Procedural rules applicable to the preliminary review and the in-depth investigation of notified financial contributions in public procurement procedures

1. Articles 10, 11 (1), (3) and (4), 13, 14, 15, 16, 18 and 23 shall apply to notified financial contributions in public procurement procedures. 2. The…

Commission decisions

1. Where, after an in-depth investigation, the Commission finds that an economic operator benefits from a foreign subsidy distorting the internal market…

Evaluations in public procurement procedures involving a notification and suspension of award

1. During the preliminary review and the in-depth investigation, all procedural steps in the public procurement procedure may continue, except for the award of…

Fines and periodic penalty payments applicable to financial contributions in the context of public procurement procedures

1. The Commission may impose fines or periodic penalty payments as set out in Article 17. 2. The Commission may, by decision, also impose fines upon the…

Relationship between procedures

1. A financial contribution notified in the context of a concentration under Article 21 or in the context of a public procurement under Article 29 may be…

Communication of information

1. Where a Member State considers that a foreign subsidy may exist and may distort the internal market, it shall transfer information thereon to the…

Market investigation

1. Where the information available to the Commission substantiates a reasonable suspicion that foreign subsidies in a particular sector, for a particular type…

Third-country dialogue

1. Where, following a market investigation pursuant to Article 36, the Commission suspects the existence of repeated foreign subsidies distorting the internal…

Limitation periods

1. The powers of the Commission under Articles 10 and 11 shall be subject to a limitation period of 10 years, starting on the day on which a foreign subsidy is…

Anti-circumvention

1. An undertaking shall not arrange financial operations or contracts to circumvent the notification requirements laid down in Article 21(1) and (5) and…

Publication of decisions

1. The Commission shall make public a summary notice of the decisions adopted pursuant to Article 10(3), point (a), allowing any natural or legal person…

Addressees of decisions

1. The Commission shall notify a decision addressed to an undertaking or to an association of undertakings without delay and shall give that undertaking or…

Disclosure and rights of defence

1. The Commission shall, before adopting a decision pursuant to Articles 11, 12, 17, 18, 25(3), 26, 31 or 33 give the undertaking under investigation the…

Professional secrecy and confidentiality

1. Information acquired under this Regulation shall be used only for the purposes for which it was acquired, unless the provider of the information agrees…

Relationship to other instruments

— Art. 44 — Relationship to other instruments 1. This Regulation is without prejudice to the application of Articles 101, 102, 106, 107 and 108 TFEU, Council…

Review by the Court of Justice

In accordance with Article 261 TFEU, the Court of Justice of the European Union shall have unlimited jurisdiction to review decisions by which the Commission…

Guidelines

1. The Commission shall publish, at the latest on 13 January 2026, and shall regularly update thereafter, guidelines regarding: (a) the application of the…

Implementing acts

1. The Commission is empowered to adopt implementing acts concerning: (a) the form, content and procedural details of notifications of concentrations pursuant…

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference…

Delegated acts

1. The Commission is empowered to adopt a delegated act in accordance with Article 50 for the purposes of amending, where necessary, the threshold for…

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts…

Separate delegated acts for different delegated powers

The Commission shall adopt a separate delegated act in respect of each power delegated to it pursuant to this Regulation.

Reporting and review

1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council. 2. By…

Transitional provisions

1. This Regulation shall apply to foreign subsidies granted in the five years prior to 13 July 2023 where such foreign subsidies distort the internal market…

Entry into force and date of application

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. 2. It shall…