The Code provides updated guidance on how the Commission's State aid procedures work in practice. It aims to make State aid control as transparent, simple, predictable and timely as possible.
| What you need to know - key takeaways |
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- The Code sets out the steps that are being taken by the Commission to increase the speed, transparency and predictability of State aid procedures.
- Member States are encouraged to engage in pre-notification contacts with the Commission in particular in novel and complex cases.
- The Code contemplates a "short-form" decision-making process in straightforward cases.
- Complainants in State aid cases should provide all the information requested in the Commission's complaint form and demonstrate that they have been affected by the aid measure in question.
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Over recent years, the Commission has implemented its State aid Modernisation reform package to focus enforcement on cases with the biggest impact on the internal market, while at the same time simplifying and streamlining rules and procedures. To make the most of those modernised rules, the Code provides updated guidance on the day-to-day conduct of State aid procedures by the Commission.
The Code clarifies how the Commission and Member States will cooperate to facilitate the handling of State aid cases. For instance, it explains how pre-notification contacts between national authorities and the Commission should take place. Member States are, in particular, recommended to engage in voluntary and confidential informal pre-notification discussions in novel or complex cases. It also indicates that Member States can request the Commission services to deal with priority cases within a pre-defined timeframe. To that end, the Commission will ask Member States twice a year which cases they consider to be of high priority and will then propose a so-called "Mutually Agreed Planning".
Furthermore, the new Code confirms that unproblematic State aid measures corresponding to well-established Commission decision-making practice can be subject to a streamlined procedure. In such cases, the Commission will try to adopt a "short-form" decision within 25 days from notification.
The new Code also seeks to improve the handling of State aid complaints. It recalls that interested parties wanting to submit a formal complaint should fill out the complaint form and demonstrate that the aid measure in question affects their own interests. The Commission endeavours to adopt a decision or send a letter with its preliminary views within 12 months.
Additional guidance is provided, inter alia, on how the Commission uses its various market information tools, on the conduct of sector inquiries and on the monitoring of how Member States implement State aid measures and, in particular, exempted aid schemes in practice.
Member States, aid beneficiaries and complainants are strongly encouraged to make the most of the guidance and tips provided by the Commission in order to ensure smooth and transparent procedures.
With thanks to Jessica Bracker of Ashurst for her contribution.
