Horizon Scanner: Energy Planning Infrastructure And Construction January 2026 - Public Procurement

EU

FOREIGN SUBSIDIES

The European Commission published Guidelines on Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market. The Foreign Subsidies Regulation aims to prevent distortions in the internal market, including in the context of public procurement procedures conducted in the EU. It requires companies to notify contracting authorities/entities when the estimated value of the contract exceeds €250 million, and when the company has been granted at least €4 million in foreign financial contributions from a third country in the three years before the notification.

The Guidelines include information on the Commission's approach to assessing distortions under Articles 4 and 27 and to carrying out the balancing test under Article 6. They also include guidance on the "call-in" mechanism under Articles 29(8) under which the Commission can request prior notification of foreign financial contributions in public procurement procedures. The