European Commission launches consultations on Foreign Subsidies Regulation (FSR) Guidelines
Today, the European Commission (Commission) has launched a Call for Evidence to gather feedback on the objectives, scope, and context of upcoming guidelines for the implementation of the Foreign Subsidies Regulation (FSR). The adoption of guidelines by 13 January 2026 is required under the FSR. They aim to ensure greater legal certainty, transparency, and predictability in enforcement.
The FSR, which entered into force on 13 July 2023, empowers the Commission to address distortions in the internal market caused by subsidies from non-EU governments, in order to create a level playing field. The forthcoming Guidelines aim to clarify key concepts such as the identification of distortive foreign subsidies, the application of the balancing test, and the assessment of distortions in public procurement procedures. In addition, they aim to provide guidance on the Commission’s power to request prior notifications of transactions and foreign financial contributions falling below formal FSR thresholds.
Stakeholders can submit feedback on the Call for Evidence via the Commission’s “Have your say” portal until 2 April 2025.
Clayton & Segura will keep you updated on this link and can help you prepare comments. A public consultation on the draft Guidelines will follow at a later stage.
For more information, see the Commission’s PR.