Saturday 2 July 2022

EU reaches political accord over new regulation aimed to control foreign subsidies

 

EU reaches political accord over new regulation aimed to control foreign subsidies

The Council and the European Parliament have reached a provisional political agreement on a regulation on foreign subsidies distorting the internal market (the Regulation).

The Regulation was initially proposed by the European Commission in May 2021 and seeks to remedy market distortions by subsidies granted by non-EU states to companies operating in the EU internal market.

The European Commission will have the power to investigate financial contributions granted by public bodies of a third country to undertakings involved in economic activity in the EU.

There will be a requirement for prior authorisation in respect of concentrations (where the acquired company, one of the merging parties or the joint venture generates an EU turnover of at least EUR500 million and the transaction involves a foreign financial contribution of at least EUR50 million) and public procurement tenders (where the estimated contract value is at least EUR250 million).  There will also be a general market investigation tool for other market situations and below threshold mergers and public procurement procedures.

The agreement is subject to approval by the Council and the European Parliament.

The Regulation will enter into force on the 20th day following its publication in the Official Journal and will become directly applicable across the EU six months after its entry into force. The notification obligations will apply 9 months following entry into force.

Although the final text of the regulation is not yet settled the basic structure has been provisionally agreed.  Overall, and when viewed against the intensification of EU regulation in the area of FDI this contributes to a multi-layered approval procedure for mergers and other economic activity involving public support from a third country, including the UK.

https://www.consilium.europa.eu/en/press/press-releases/2022/06/30/foreign-subsidies-regulation-political-agreement/

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