News 2023

EuDA/ FIEC/ EIC Joint submission on the FSR procedural rules (draft Implementing Regulation)

FIEC and its partners EIC (European International Contractors) and EuDA (European Dredging Association), have responded to the four-week public consultation launched by the European Commission on the draft Implementing Regulation on procedural rules under the Foreign Subsidies Regulation (FSR). The implementing regulation clarifies rules on notification of foreign financial contributions in the context of concentrations and public procurement and includes relevant forms.


FIEC welcomes the FSR as it is designed to fill the legislative gap whereby European companies are reversely discriminated against, as EU State Aid regulations only apply to EU Member States subsidies and not to subsidies from non-EU countries. Nevertheless, a significant legislative gap will remain for European contractors as the vast majority of construction projects concern budgets well below the (still too high) notification thresholds and action under the ex officio procedure will remain at the discretion of the European Commission.

As only the ex officio procedure would realistically offer some possibilities for the European construction companies to re-level the playing field, FIEC and its partners urge the Commission to present a draft implementation regulation clarifying its rules.


In addition, considering the strict notification requirements, FIEC and its partners still request the reversing of the burden of proof in cases involving subsidised companies from non-EU countries that do not have Market Economy Status, that are not signatory of the GPA agreement nor of an FTA with the EU. Lastly, for the balancing test, all negative impacts - other than the subsidy impact - should also be taken in the balance against all possible positive impacts.

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    EuDA - FIEC - EIC submission FSR public consultation.pdf

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