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Involvement of SMEs in ETC - How to deal with State aid -

Involvement of SMEs in ETC - How to deal with State aid -. European Commission, DG Regional Policy, Unit B4 - Dr. Yvonne Simon, LL.M Disclaimer: The views expressed are those of the author and cannot be regarded as stating an official position of the European Commission.

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Involvement of SMEs in ETC - How to deal with State aid -

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  1. Involvement of SMEs in ETC- How to deal with State aid - European Commission, DG Regional Policy, Unit B4 - Dr. Yvonne Simon, LL.M Disclaimer: The views expressed are those of the author and cannot be regarded as stating an official position of the European Commission.

  2. How to deal with State aid • Identifyingthemainproblemsfor ETC in copingwith State aid • Potential solutionsunderthecurrentandfutureregulatoryframework

  3. Main problems in the current funding period • Diverging views of Member States on State aid / unclear responsabilities within programmes (authorities of several Member States involved) • Difficulties to set up schemes by several Member States • Difficulties to monitor State aid in another Member State • Difficulties in making use of block exemptions and in notifying State aid

  4. Addressing the problems • Need toraiseawarenessof State aidrules • Need toclarifyresponsabilities • Clarifyingwaysofachieving State aidcompliance • Regulatorychangestofaciliate State aidapplicationfor ETC

  5. Ways to achieve State aid compliance • Check forthepresenceof State aid • De-minimisaid • Givingaid in linewiththe General Block Exemption Regulation (GBER) orpossiblywithrules on Services of General Economic Interest (SGEI) • Notifyingaid

  6. Check for presence of State aid • Criteria of Article 107(1) TFEU • A few comments resulting from past experiences: • Non-profit character of an entity does not exclude that State aid is granted • If SMEs pay market prices (for instance for services or access etc) there is no State aid for the SMEs from getting this service • If public authorities pay market prices for services or else, there is no State aid in the payment by these authorities

  7. De-minimis aid • Not morethan EUR 200 000 • per undertaking • per Member State • over a 3-year period • Declaration by undertaking / monitoringrequirements

  8. GBER • Current GBER is hardly used for ETC measures • For future GBER, it is intended to facilitate the application for ETC measures: • Article 18 draft new GBER (cooperation measures for SMEs) • Article 15(12) draft new GBER (uniform aid ceiling for investment aid) - a similar rule is already adopted in the new Regional Aid Guidelines • Further clarifications/simplifications of the draft GBER provisions are possible

  9. Notifying aid • Pre-notificationcontactswith DG COMP • Commission services will giveguidance on anytechnicalorsubstantiveissue

  10. Conclusions • There is a need to raise awareness of State aid rules, including the possibilities these rules give to support SMEs • On the regulatory side, the Commission has taken steps to facilitate the application of the State aid rules to ETC programmes

  11. Thank you for your attention!

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