The Draft Foreign Subsidies Regulation – Relationship with other Union Instruments – Some Thoughts on Multilevel Enforcement and Duplication of Efforts

Abstract

The article analyses the interaction of the proposed new Foreign Subsidies Regulation with other existing instruments under EU law and international agreements that deal with or regulate subsidies from non-EU sources and their effects in the EU. The analysis looks at the relationship with, in particular, EU competition, State aid, public procurement and countervailing duty rules, as well as with a number of international agreements. The conclusion is that a concurrent application of the new rules with the existing rules is intended (except for subsidies covered by the countervailing duty regime). A considerable additional administrative burden, for economic operators (not only in countries targeted by the measures such as China) and the public administration will result from the new rules.