BRUSSELS,12th January, 2026 (WAM) -- The European Commission has announced the adoption of new guidelines that set general criteria allowing it to exclude foreign companies from public procurement markets in the European Union, in a move that grants it broad flexibility to counter the impact of financial support coming from non-EU countries.
These guidelines, published in Brussels, aim to clarify how the Commission assesses foreign subsidies that may distort competition, within the framework of implementing the Foreign Subsidies Regulation issued in 2023.
Under the new rules, the Commission examines whether subsidies received by a company operating within the European Union unfairly enhance its competitive ability when participating in public tenders, even in cases where those subsidies are not directly targeted at activities within the Union. The Commission confirmed that it will conduct an in-depth assessment of the potential use of this support to finance operations within the European market.
In this context, Teresa Ribera, Executive Vice-President of the Commission, affirmed that the publication of these guidelines provides a clear and practical framework that helps institutions translate their commitments into concrete practices, and establishes shared expectations in the field of responsible decision-making, thereby enhancing confidence in the investment trajectory.