Commission Implementing Regulation (EU) 2023/1441 of 10 July 2023 on detailed arr... (32023R1441)
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
- 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
- SECTION 5
- Foreign financial contributions
- 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
- 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
- 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
- SECTION 4
- Justification for absence of unduly advantageous tender
- SECTION 5
- Possible positive effects
- SECTION 6
- Supporting documentation
- SECTION 7
- Declaration
- SECTION 8
- Attestation
- 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
- C.
- Further information
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