FSR, Article 4, SE

1. A distortion in the internal market shall be deemed to exist where a foreign subsidy is liable to improve the competitive position of an undertaking in the internal market and where, in doing so, that foreign subsidy actually or potentially negatively affects competition in the internal market. A distortion in the internal market shall be determined on the basis of indicators, which can include, in particular, the following:

(a)

the amount of the foreign subsidy;

(b)

the nature of the foreign subsidy;

(c)

the situation of the undertaking, including its size and the markets or sectors concerned;

(d)

the level and evolution of economic activity of the undertaking on the internal market;

(e)

the purpose and conditions attached to the foreign subsidy as well as its use on the internal market.

2. Where the total amount of a foreign subsidy to an undertaking does not exceed EUR 4 million over any consecutive period of three years, that foreign subsidy shall be considered unlikely to distort the internal market.

3. Where the total amount of a foreign subsidy to an undertaking does not exceed the amount of de minimis aid as defined in Article 3(2), first subparagraph, of Regulation (EU) No 1407/2013 per third country over any consecutive period of three years, that foreign subsidy shall not be considered to distort the internal market.

4. A foreign subsidy may be considered not to distort the internal market to the extent that it is aimed at making good the damage caused by natural disasters or exceptional occurrences.

Official source

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