COMMISSION IMPLEMENTING REGULATION (EU) 2023/1441
of 10 July 2023
on detailed arrangements for the conduct of proceedings by the Commission pursuant to Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
Article 2
Definitions
CHAPTER II
NOTIFICATIONS
Article 3
Persons entitled to submit notifications and declarations
Article 4
Prior notification of concentrations
Article 5
Notifications and declarations of foreign financial contributions in the context of public procurement procedures
Article 6
Effective date of notification in concentrations
Article 7
Effective date of notifications and declarations of foreign financial contributions in the context of public procurement procedures
CHAPTER III
INVESTIGATION BY THE COMMISSION
Article 8
Time limit for submission of comments following an opening of an in-depth investigation
Article 9
Interviews
Article 10
Oral statements during inspections
Article 11
Information from the contracting authorities and contracting entities in charge of public procurement procedures
Article 12
Submission of information on unduly advantageous tender
CHAPTER IV
COMMITMENTS, TRANSPARENCY AND REPORTING
Article 13
Time limits for the submission of commitments under notified concentrations
Article 14
Time limits for the submission of commitments in investigations in the context of public procurement procedures
Article 15
Procedure for the submission of commitments
Article 16
Transparency and reporting
CHAPTER V
SUBMISSION OF OBSERVATIONS
Article 17
Submission of observations
CHAPTER VI
USE OF INFORMATION AND TREATMENT OF CONFIDENTIAL INFORMATION
Article 18
Use of information by the Commission
Article 19
Identification and protection of confidential information
CHAPTER VII
ACCESS TO FILE
Article 20
Access to the file of the Commission and use of documents
CHAPTER VIII
TIME LIMITS
Article 21
Time limits
Article 22
Expiry of time limits
Article 23
Suspension of time limits in concentrations
Article 24
Suspension of time limits during preliminary reviews in the context of public procurement procedures
CHAPTER IX
TRANSMISSION AND SIGNATURE OF DOCUMENTS
Article 25
Transmission and signature of documents in concentrations
Article 26
Transmission and signature of documents in the context of public procurement procedures (notifications and ex officio)
CHAPTER X
FINAL PROVISIONS
Article 27
Entry into force
ANNEX I
Form FS-CO relating to the notification of a concentration pursuant to Regulation (EU) 2022/2560
INTRODUCTION
1.
The purpose of the Form FS-CO
2.
Types of information required by the Form FS-CO
3.
Information that is not reasonably available
4.
Information that is not necessary for the Commission’s examination of the case
5.
Pre-notification contacts and waiver requests
6.
The requirement for a correct and complete notification
7.
How to notify
8.
Confidentiality and Personal Data
9.
Definitions and instructions for the purposes of this Form FS-CO
SECTION 1
Description of the concentration
SECTION 2
Information about the parties
SECTION 3
Details of the concentration, ownership and control
SECTION 4
Notification thresholds
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SECTION 5
Foreign financial contributions
Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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Notifying party(ies) |
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Target |
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SECTION 6
Impact on the internal market of the foreign financial contributions in the concentration
Contact details
SECTION 7
Possible positive effects
SECTION 8
Supporting documentation
SECTION 9
Attestation
[signatory 1] Name: Organisation: Position: Address: Phone number: Email: (‘e-signed’/signature] |
[signatory 2 if applicable] Name: Organisation: Position: Address: Phone number: Email: (‘e-signed’/signature] |
Table 1
Instructions to provide information concerning foreign financial contributions that do not fall into any of the categories of Article 5(1), points (a) to (e) (Section 5.3)
A.
Information to be included in the Table
B.
Exceptions
Party X |
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Third-country |
Type of financial contribution (*1) |
Brief description of the purpose of the financial contribution and the granting entity (*2) |
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Country A |
Type 1 |
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Type 2 |
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Type 3 |
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Type 4 |
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… |
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Estimated aggregate financial contributions granted by A: EUR […] (*3) |
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Country B |
Type 1 |
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Type 2 |
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Type 3 |
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Type 4 |
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… |
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Estimated aggregate financial contributions granted by B: EUR […] (*3) |
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Country C |
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… |
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C.
Further information
ANNEX II
Form FS-PP relating to the notification of financial contributions in the context of public procurement procedures pursuant to Regulation (EU) 2022/2560
INTRODUCTION
1.
The purpose of the Form FS-PP
2.
Definitions and instructions for the purposes of this Form FS-PP
3.
Types of information required by the Form FS-PP
4.
Information that is not reasonably available
5.
Information that is not necessary for the Commission’s examination of the case
6.
Pre-notification contacts and waiver requests
7.
The requirement for a correct and complete notification or declaration
8.
How to notify?
9.
Confidentiality and Personal Data
SECTION 1
Description of the public procurement
SECTION 2
Information about the notifying party(ies)
SECTION 3
Foreign financial contributions
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Notifying party(ies) |
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SECTION 4
Justification for absence of unduly advantageous tender
SECTION 5
Possible positive effects
SECTION 6
Supporting documentation
SECTION 7
Declaration
SECTION 8
Attestation
[signatory 1] Name: Organisation: Position: Address: Phone number: Email: (‘e-signed’/signature] |
[signatory 2 if applicable, repeat as many times as there are notifying parties] Name: Organisation: Position: Address: Phone number: Email: (‘e-signed’/signature] |
Table 1
Instructions to provide information concerning foreign financial contributions that do not fall into any of the categories of Article 5(1), points (a) to (e) (Section 3.3)
A.
Information to be included in the Table
B.
Exceptions
Third-country |
Type of financial contribution (*1) |
Brief description of the purpose of the financial contribution and the granting entity (*2) |
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Country A |
Type 1 |
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Type 2 |
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Type 3 |
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Type 4 |
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… |
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Total estimated financial contributions granted by A: EUR […] (*3) |
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Country B |
Type 1 |
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Type 2 |
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Type 3 |
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Type 4 |
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… |
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Total estimated financial contributions granted by B: EUR […] (*3) |
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Country C |
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… |
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C.
Further information
Third-country |
Brief description of the financial contributions |
Country A |
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Country B |
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Country C |
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… |
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