What to transfer to the Commission
Contracting authorities and contracting entities must transfer all submitted notifications and declarations from economic operators fulfilling the criteria of Article 28 (1)(a) and Article 28 (2) of the Foreign Subsidies Regulation (FSR).
To assist the European Commission in obtaining comprehensive information about the public procurement procedure at stake and the participating economic operators, contracting authorities and contracting entities are invited to fill in the overview template together with the FS-PP forms.
Where a notification or declaration is missing , we encourage you to request the missing document from the economic operators concerned, granting them up to 10 working days to submit it.
Remember to state in the contract notice or, where a procedure without a prior publication is conducted, in the procurement documents, that the economic operators are under the notification obligation as set out in Article 29 of FSR.
When to transfer notifications and declarations
Once the notification or declaration is submitted, transfer the notifications and declarations all together to the Commission without delay.
Below you will find a table of the different public procurement procedures, indicating the steps at which the contracting authority/contracting entity requests the initial FS-PP form and the updated FS-PP forms from their economic operators.
| PUBLIC PROCUREMENT PROCEDURES | ||||
| SINGLE | OPEN PROCEDURE (Art. 27 Directive 2014/24) | - | - | 1st FS-PP form |
| MULTI-STAGE | RESTRICTED PROCEDURE (Art. 28 Directive 2014/24) | 1st FS-PP form | - | Updated FS-PP form with Best And Final Offer (BAFO) |
| MULTI-STAGE | COMPETITIVE PROCEDURE WITH NEGOTIATION (Art. 29 Directive 2014/24) | 1st FS-PP form | - | Updated FS-PP form with BAFO |
| MULTI-STAGE | COMPETITIVE DIALOGUE (Art. 30 Directive 2014/24) | 1st FS-PP form | - | Updated FS-PP form with BAFO |
| MULTI-STAGE | INNOVATION PARTNERSHIP (Art. 31 Directive 2014/24) | 1st FS-PP form | - | Updated FS-PP form with BAFO |
| MULTI-STAGE | NEGOTIATED PROCEDURE WITHOUT PRIOR PUBLICATION (Art. 32 Dir.2014/24) | - | - | 1st FS-PP form |
| SINGLE/MULTI-STAGE | CONCESSIONS (Dir.2014/23) | Depending on the procedure chosen by the contracting authority. Art.30§1: The contracting authority or contracting entity shall have the freedom to organise the procedure leading to the choice of concessionaire subject to compliance with this Directive. | ||
| INSTRUMENTS | ||||
| SINGLE/MULTI-STAGE | FRAMEWORK AGREEMENTS (art. 33 Directive 2014/24) | depending on the procedure, please refer to the above. Please note that, pursuant to Recital 42 of the Foreign Subsidies Regulation, the obligation to notify foreign financial contributions in public procurement procedures provided for in this Regulation should be limited to the procedure preceding the conclusion of framework agreements themselves and should not apply to contracts based on a framework agreement. | ||
| SINGLE STAGE | CONTRACTS AWARDED UNDER A DYNAMIC PURCHASING SYSTEM (art. 34 Directive 2014/24) | - | - | 1st FS-PP form |
| SINGLE STAGE | CONTRACTS AWARDED UNDER QUALIFICATION SYSTEMS (Art. 77 Dir.2014/25) | no | no | 1st FS-PP form |
How to transfer notifications and declarations
You can transfer the notifications or declarations by using EU SEND or by email to GROW-FSR-PP-NOTIFICATIONS
ec [dot] europa [dot] eu (GROW-FSR-PP-NOTIFICATIONS[at]ec[dot]europa[dot]eu)
EU SEND is a secure platform used exclusively to communicate with the Commission services. First time using EU SEND? Find more information the 'Practical information' page.