# Foreign Subsidies Regulation (FSR) – Regulation (EU) 2022/2560 URL: https://consilena.com/coverage/laws/stat_eu_32022r2560 - Jurisdiction: European Union - Type: Regulation - Short name: FSR - Identifier: 32022R2560 - Current as of: 23 December 2022 - Provisions: 54 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02022R2560-20221223 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter 1 – General provisions - **Art. 1 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… - **Art. 2 Definitions**: For the purposes of this Regulation, the following definitions apply: (1) ‘an undertaking’, in the context of public procurement procedures, means ‘economic… - **Art. 3 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… - **Art. 4 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… - **Art. 5 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… - **Art. 6 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… - **Art. 7 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… - **Art. 8 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… ### Chapter 2 – Ex officio review and general provisions for the review of foreign subsidies - **Art. 9 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… - **Art. 10 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… - **Art. 11 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… - **Art. 12 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… - **Art. 13 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… - **Art. 14 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… - **Art. 15 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… - **Art. 16 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… - **Art. 17 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… - **Art. 18 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… ### Chapter 3 – Concentrations - **Art. 19 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… - **Art. 20 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… - **Art. 21 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… - **Art. 22 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… - **Art. 23 Aggregation of financial contributions**: The aggregate financial contribution to an undertaking concerned shall be calculated by adding together the respective financial contributions provided by… - **Art. 24 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… - **Art. 25 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… - **Art. 26 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… ### Chapter 4 – Public procurement procedures - **Art. 27 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… - **Art. 28 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… - **Art. 29 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… - **Art. 30 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… - **Art. 31 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… - **Art. 32 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… - **Art. 33 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… ### Chapter 5 – Common procedural provisions - **Art. 34 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… - **Art. 35 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… - **Art. 36 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… - **Art. 37 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… - **Art. 38 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… - **Art. 39 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… - **Art. 40 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… - **Art. 41 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… - **Art. 42 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… - **Art. 43 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… ### Chapter 6 – Relationship to other instruments - **Art. 44 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… ### Chapter 7 – Transitional and final provisions - **Art. 45 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… - **Art. 46 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… - **Art. 47 Implementing acts**: 1. The Commission is empowered to adopt implementing acts concerning: (a) the form, content and procedural details of notifications of concentrations pursuant… - **Art. 48 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… - **Art. 49 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… - **Art. 50 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… - **Art. 51 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. - **Art. 52 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… - **Art. 53 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… - **Art. 54 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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32022r2560. Index of every page: https://consilena.com/llms.txt.