Policy field
Competition: State aid
Target group
Member States and/or public authorities, citizens, companies, business associations and organisations (including environmental non-governmental organisations), lawyers, academics are welcome to contribute to this consultation. Contributions are particularly sought from Member States and/or public authorities dealing with State aid, investments and the environment, companies and business associations, as well as environmental non-governmental organisations.
Period of consultation
From 7.02.2025 to 21.03.2025
Objective of the consultation
The Commission seeks the views of stakeholders on the draft amendments to the State aid Implementing Regulation (EC) No 794/2004 and the State aid Best Practices Code (BPC). These amendments set out a new mechanism which allows members of the public to request a Commission review of certain State aid decisions to establish whether they contravene EU environmental law. In the amended BPC, the Commission sets out the arrangements for the internal review procedure, such as who can request the review, which decisions can be subject to the review, and the applicable deadlines. Annex III to the draft Regulation amending the State aid Implementing Regulation contains a form for the submission of an internal review request.
Consultation documents
- Draft Regulation amending the State aid Implementing Regulation (EC) No 794/2004
- Annex III to draft Regulation amending the State aid Implementing Regulation (EC) No 794/2004 (internal review request form)
- Paragraph 6.8 of Annex I, Part 1 to draft Regulation amending the State aid Implementing Regulation (EC) No 794/2004 (Member States compliance confirmation)
- Draft Communication amending the State aid Best Practices Code
Background
This consultation follows up on the 2021 findings of the Aarhus Convention Compliance Committee concluding that the EU is in breach of the Aarhus Convention, because the public cannot challenge State aid decisions adopted under Article 108(2) TFEU if these decisions allegedly breach EU environmental law. On 17 May 2023, the Commission adopted a Communication identifying options to follow up on the Aarhus Convention Compliance Committee’s findings with the aim of creating a new procedure. A call for evidence was launched by the Commission on 30 May 2024, followed by a Targeted Consultation open from 1 July 2024 to 6 September 2024.
How to submit your contribution
- If you are answering this consultation on behalf of a Member State or public authority, please click here to submit your contribution.
- If you are answering this consultation on behalf of an organisation, please click here to submit your contribution.
- If you are answering this consultation on behalf of a company or a business organisation, please click here to submit your contribution.
- If you are answering this consultation on behalf of citizens or other respondents, please click here to submit your contribution.
We would appreciate receiving documents in an electronic format.
Publication and Confidentiality:
- Received contributions will be published on this webpage. Submissions that are clearly marked "confidential" will be treated as such and not published. In that case please also provide a non-confidential version of your reply. It is important to read the privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.
- When providing us with the documents requested above, please ensure that redactions made by you properly cover all confidential information and cannot be reversed.
- Please note that we cannot guarantee to take account of replies received after the deadline.
Contact details
Responsible service:
Directorate-General for Competition – Unit A3
Please always indicate the reference number in your correspondence: HT: 6062
e-mail: COMP-A3-HT.6062-CONSULTATION@ec.europa.eu
Postal address:
European Commission
Directorate-General for Competition
Ref.: HT.6062
State aid Registry
1049 Bruxelles /Brussel
Belgique /België
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