What to submit
FSR obligations apply when the total estimated value of the procurement, excluding VAT, is at least EUR 250 million.
If the procurement is divided into lots, FSR obligations apply when the total estimated value of the procurement, excluding VAT, exceeds EUR 250 million and the value of the individual lot or the aggregate value of the lots to which the tenderer applies is at least EUR 125 million.
The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender (i.e. notifying parties) must submit, together with the tender, a declaration or a notification, depending on the following conditions:
| Situation | Condition | What to Submit | Corresponding Sections of the FS-PP form | Corresponding Table of the online FS-PP form | Exceptions | |
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was granted foreign financial contributions in the three years prior to notification or, if applicable, the updated notification. | Foreign Financial Contributions (FFCs)falling under Art.5(1) points (a) to (c) and (e)of the Foreign Subsidies Regulation: Categories of foreign subsidies most likely to distort the internal market. | Notification | Sections 3.1 and 3.2 of the FS-PP form When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 7. | Fill in the Sections 3.1 and 3.2 and provide the supporting documents. | ||
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was granted foreign financial contributions in the three years prior to notification or, if applicable, the updated notification. | Estimated aggregate amount of all FFCs per third country is equal or greater than EUR 4 million. | Notification | Section 3.3 of the FS-PP form. When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 7 and fill in the Table 1 at the end of the document. | Table 1 under Section 3.3. | You do not need to include in Table 1 a description of the following FFCs:
(a) Deferrals of payment of taxes and/or of social security contributions, tax amnesties and tax holidays as well as normal depreciation and loss-carry forward rules that are of general application. If these measures are limited, for example, to certain sectors, regions or (types of) undertakings, they have to be included. | |
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was granted foreign financial contributions in the three years prior to declaration or, if applicable, the updated declaration. | Estimated aggregate amount of all FFCs per third country is equal or greater than EUR 1 million and below EUR 4 million | Declaration | Sections 1, 2, 7 & 8 When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 3 and fill in Table 1 at the end of the document. | Table 1 under Section 7.2 | ||
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was granted foreign financial contributions in the three years prior to declaration or, if applicable, the updated declaration. | FFCs below EUR 1 million but above the value indicated in Section 7.4 of the Annex II of the Commission Implementing Regulation (i.e. above the amount of de minimis aid) in the last 3 years preceding the declaration. | Declaration | Sections 1, 2, 7 & 8 When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 3 and fill in the Table 2 at the end of the document. | Table 2 under Section 7.3 must be filled in. The FFCs can be declared as aggregated without indicating their values | ||
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was granted foreign financial contributions in the three years prior to declaration or, if applicable, the updated declaration. | FFCs below the value indicated in Section 7.4 of the Annex II of the Commission Implementing Regulation (i.e. below the amount of de minimis aid) in the last 3 years preceding the declaration. | Declaration | Sections 1, 2, 7 & 8 When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 3. | The FFCS do not need to be listed in the declaration | ||
| The Economic Operator, its subsidiary companies without commercial autonomy, its holding companies and, where applicable, its main subcontractors and suppliers involved in the same tender was NOT granted any foreign financial contributions in the three years prior to declaration or, if applicable, the updated declaration. | None of the notifying parties received any foreign financial contributions in the last 3 years preceding the declaration. | Declaration | Sections 1, 2, 7.1 & 8 When using the Annex II of the Commission Implementing Regulation 2023/1441 as an FS-PP form: delete Section 3. | |||
Please note that these confidential annexes to the FS-PP forms will only be taken into account as of the date of receipt of the FS-PP forms from the contracting authority/contracting entity. To note that the FS-PP forms themselves shall not be sent directly to the Commission but to the contracting authority/contracting entity together with the tender.
As far as the entities on whose capacities the economic operator relies on are concerned, what should be filled in and/or attached to the online FS-PP form?
For all entities on whose capacities the economic operator relies upon for fulfilling the selection criteria, the section 'Information about reliance on the capacities of other entities' must be populated. The information related to these entities are provided in the ESPD form. The ESPD form does not need to be transmitted to the European Commission.
Nevertheless, these entities are under the obligation of submitting a declaration or a notification if they are also 'main subcontractors' or 'main suppliers', as described in Article 29(5) FSR.
Use of the FS-PP form Template
The economic operators shall submit their declaration/notification filling in the online FS-PP form, available in all EU languages.
In order to choose the language, please access the online FS-PP form and then select your language on the top blue ribbon.
Alternatively, filling in the Annex II to the Commission Implementing Regulation (EU) 2023/1441 is accepted as well.
Any format other than the online FS-PP form or the Annex II to the Commission Implementing Regulation (EU) 2023/1441 is considered non-compliant with the FSR requirements.
When using the Annex II of the Commission implementing regulation, please fill in the sections
- 1, 2, 7 and 8 if this is a declaration, (delete section 3)
- 1, 2, 3, 6 and 8 if this is a notification (delete section 7)
Who submits the FS-PP form?
Notifications and declarations in public procurement procedures shall be submitted by the economic operator to the contracting authority/contracting entity together with the tender or with the request to participate (where applicable).
The contracting authority/contracting entity is responsible for transmitting the FS-PP forms to the European Commission. The European Commission will not accept any declaration or notification submitted directly by the economic operator.
- When bidding as a standalone entity - the notification / declaration should be submitted by that entity
- When bidding as a standalone entity with 'main subcontractors' or 'main suppliers' - the notification / declaration should be submitted by that entity including the information related to the main subcontractors or main suppliers.
- When bidding as a consortium - the notification / declaration should be submitted by the consortium leader, including the information related to the other members of the consortium.
The Commission accepts that, in case of groups of economic operators, each entity submits its own FS-PP form.
In this case, it must be clearly stated in the FS-PP form (in the section 2) what the role of each entity is (consortium leader, member, main subcontractor, etc.).
In any event, each notifying party shall only be responsible for the correctness of information linked to the foreign financial contributions that have been granted to it.
Who signs the FS-PP form?
The main contractor or main concessionaire fills in and signs a single FS-PP form on behalf of the other notifying parties.
By signing, the signatory is responsible only for the accuracy of the information relating to its own entity, pursuant to Article 29(6) FSR.
- Signing the online FS-PP form: the signatory appears once the contact details of at least one representative of the entity are populated. If multiple representatives are listed in the section 2, only one signatory can be chosen from the drop-down list when signing.
- Signing the Annex II of the Commission Implementing Regulation 2023/1441: after conversion of the word document to pdf, the pdf can be digitally signed. It is also accepted to insert a scanned signature in the word document before conversion to pdf. Pursuant to Art.26(2) Commission Implementing Regulation 2023/1441, the use of a Qualified Electronic Signature (QES) is not mandatory.
When filling in the FS-PP form for a holding company, the economic operator submitting the tender in the public procurement concerned shall be the signatory.
Article 28.1(b) of the FSR refers to 'the economic operator, including its subsidiary companies without commercial autonomy, its holding companies, and, where applicable, its main subcontractors and suppliers involved in the same tender in the public procurement procedure' (i.e. the notifying parties).
This reference does not concern the signature of the FS-PP form but rather the calculation of the aggregate foreign financial contributions granted in the three years prior to the notification/declaration (or the updated notification/declaration in case of multi-stage procedure).
The pre-notification procedure
Notifying parties may engage in discussions with the European Commission ahead of the submission of the FS-PP form related to a public procurement procedure through a pre-notification procedure. These discussions should take place well in advance before the submission of the tender and, preferably, based on a draft FS-PP Form.
During the pre-notification phase, the Commission may assist with the preliminary review of foreign subsidies, at a voluntary request of either party. This process does not amount to Commission validation of the declaration or notification. It is intended solely to obtain clarifications regarding the preliminary review of foreign financial contributions related to a published procurement procedure.
To engage in pre-notification discussions, notifying parties should submit a case team allocation request to the GROW-FSR-PP-NOTIFICATIONS
ec [dot] europa [dot] eu (Foreign Subsidies Team) via email, allowing sufficient time before submitting the notification.