Guidance for economic operators - European Commission
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Internal Market, Industry, Entrepreneurship and SMEs

Guidance for economic operators

What to submit

A notification is submitted when

  1. 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 
  2. was granted notifiable foreign financial contributions, which are: aggregate financial contributions granted to the above entities in the 3 years prior to notification or, if applicable, the updated notification,
  3. amount to €4 million or more per non-EU country.

A declaration is submitted when

  1. 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
  2. has no notifiable foreign financial contributions.

When to submit

  • For open tenders: submit together with your tender.
  • For multistage procedures: submit initially with the request to participate, and submit an updated version with the tender or final tender.

How to submit

Submit the notification or declaration to the contracting authority together with your tender.

According to Article 5(1) of the Commission Implementing Regulation (EU) 2023/1441, notifications and declarations of foreign financial contributions in public procurement procedures shall be submitted by the economic operators to the contracting authority in charge of the relevant public procurement procedure. This submission shall take place through the same method used to submit the tender.

You may submit using

For a notification, please complete at least sections 1,2,3,6 and 8. Sections 4 and 5 are optional. For a declaration, please complete only sections 1,2,7, and 8.

The pre-notification procedure

Notifying parties may engage in discussions with the European Commission before submitting a notification. These discussions should take place well in advance and, preferably, be based on a draft Form FS-PP. 

Pre-notification is a voluntary service provided by the Commission to assist in the preliminary review of foreign subsidies related to a public procurement procedure. To engage in pre-notification discussions, notifying parties should submit a case team allocation request to the Foreign Subsidies Team via email, allowing sufficient time before submitting the notification.

Contact us

For questions on FSR in the context of public procurement procedures, emails can be sent to: grow-fsr-pp-notifications@ec.europa.eu