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Bellamy & Child: Materials on European Community Law of Competition 2010 Edition

Updates by Section

G. STATE AIDS

Comission Notice on the application of Articles 87 and 88 to state aid in the form of guarantees

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Bellamy & Child: Materials on European Community Law of Competition 2010 Edition

G. STATE AIDS

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PROCEDURE/IMPLEMENTATION

Regulations

G1. REGULATION 659/1999 (DETAILED RULES FOR THE APPLICATION OF ARTICLE [88])

G2. REGULATION 794/2004 (IMPLEMENTING REGULATION 659/1999)

UPDATE:- COMMISSION REGULATION (EC) No 1147/2008 of 31 October 2008 amending Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty, as regards Part III.10 of its Annex 1.

On 23 September 2008 the Commission adopted a draft regulation amending Regulation (EC) No 794/2004 consequent upon the adoption of the new guidelines on state aid for environmental protection. The new regulation replaces Part III.10 of Annex I to Regulation (EC) No 794/2004.The document is currently published for information purposes only and without any prejudice to the official text as will be published in the Official Journal.

Notices, etc

With effect from 16 April 2009, Regulation (EC) No 794/2004 is amended by Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture.

G3. NOTICE ON COOPERATION BETWEEN NATIONAL COURTS AND THE COMMISSION IN THE STATE AID FIELD (1995)

NOTE:- INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES -COMMISSION. Commission notice on the enforcement of State aid law by national courts (2009/C 85/01)Published 25 February 2009(2009/C 85/01)OJ C 85, 9.4.09, p.1

G4. NOTICE ON THE DETERMINATION OF THE APPLICABLE RULES FOR THE ASSESSMENT OF UNLAWFUL STATE AID (2002)

G5. FORM FOR THE SUBMISSION OF COMPLAINTS CONCERNING ALLEGED UNLAWFUL STATE AID (2003)

G6. COMMUNICATION ON PROFESSIONAL SECRECY IN STATE AID DECISIONS (2003)

G7. COMMUNICATION CONCERNING THE OBSOLESCENCE OF CERTAIN STATE AID POLICY DOCUMENTS (2004)

G8. DETAILS OF ARRANGEMENT FOR THE ELECTRONIC TRANSMISSION OF STATE AID NOTIFICATIONS INCLUDING ADDRESSES AND PROTECTION OF CONFIDENTIAL INFORMATION (2005)

G8. Details of arrangement for the electronic submission of State Aid notifications including addresses and protection of confidential information (2005)
UPDATE:- State Aid Complaint Form (2008)

UPDATE:- Commission Notice on the enforcement of State aid law by national courts.

NOTICE FROM THE COMMISSION:- on a simplified procedure for treatment of certain types of State aid. Published on 29 April 2009.

NOTICE FROM THE COMMISSION: - Best Practices Code on the conduct of State aid control proceedings. Published on 29 April 2009.

G8A. UPDATE:- EEA application: for the corresponding EEA measure, see EFTA Surveillance Authority Decision No 788/08/COL of 17 December 2008 amending, for the sixty-seventh time, the procedural and substantive rules in the field of State aid by amending the existing chapters on reference and discount rates and on State aid granted in the form of guarantees and by introducing a new chapter on recovery of unlawful and incompatible State aid, on State aid to cinematographic and other audiovisual works and State aid for railway undertakings, OJ L 105, 21.4.2011, p.32.

BLOCK EXEMPTIONS

G9. REGULATION 994/98 (COUNCIL ENABLING REGULATION: APPLICATION OF ARTICLES [87] AND [88] TO CERTAIN CATEGORIES OF HORIZONTAL STATE AID

G10. REGULATION 68/2001 (APPLICATION OF ARTICLES 87 AND 88 TO TRAINING AID)

UPDATE:- EEA Application: See now Decision of the EEA Joint Committee No 120/2008 of 7 November 2008 amending Annex XV (State aid) to the EEA Agreement (OJ L 339, 18.12.2008, p.111). Decision No 1202008 incorporates Commission Regulation (EC) No 800/2008 (the General block exemption Regulation) into Annex XV (point 1j) of the EEA Agreement, with appropriate adaptations, and deletes the texts of points 1d (Commission Regulation (EC) No 68/2001), 1f (Commission Regulation (EC) No 70/2001), 1g (Commission Regulation (EC) No 2204/2002) and 1i (Commission Regulation (EC) No 1628/2006), including the related headings, with effect from 1 January 2009.

G.11 REGULATION 70/2001 (APPLICATION OF ARTICLES 87 AND 88 TO STATE AID TO SMALL AND MEDIUM-SIZED ENTERPRISES)

G12.REGULATION 2204/2002 (APPLICATION OF ARTICLES 87 AND 88 TO STATE AID FOR EMPLOYMENT)

G13. REGULATION 1857/2006 (APPLICATION OF ARTICLES 87 AND 88 TO STATE AID TO SMALL AND MEDIUM-SIZED ENTERPRISES ACTIVE IN THE PRODUCTION OF AGRICULTURAL PRODUCTS)

G14. REGULATION 1998/2006 (APPLICATION OF ARTICLES 87 AND 88 TO de minimis AID)

G15. REGULATION 1628/2006 (APPLICATION OF ARTICLES 87 AND 88 TO NATIONAL REGIONAL INVESTMENT AID)

G16. REVISED DRAFT GENERAL BLOCK EXEMPTION REGULATION

UPDATE:- The General block exemption regulation (State aids section) has been published in the Official Journal: Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation), OJ L 214, 9.8.2008, p. 3

G16.Revised Draft general block exemption regulation (2007)
UPDATE:- General Block Exemption Regulation (final). Adopted on 7.7.2008

and...Revised Draft general block exemption regulation (2007)
ADDITIONAL UPDATED DOCUMENT

G17. MEMORANDUM ON THE DRAFT GENERAL BLOCK EXEMPTTION REGULATION (2007) (FIRST EDITION)

UPDATE:- Commission Decision of 20 June 2008 on the prolongation of certain State aid decisions (2008) OJ L 164, 25.06.2008, p.4

HORIZONTAL RULES

G18. COMMUNITY GUIDELINES ON STATE AID FOR ENVIRONMENTAL PROTECTION (2001)

UPDATE:- Commission communication concerning the extension of the validity of Community guidelines on State Aid for environmental protection (2007)

UPDATE:- Community guidelines on State aid for environmental protection (2008)

G18.Community guidelines on State aid for environmental protection (2001)
LATEST UPDATE:- Community guidelines on State aid for environmental protection (2008/C 82/01), OJ C 82, 1.4.2008, p.1

and

UPDATE:- EEA application: see also EFTA Surveillance Authority communication concerning the extension of the validity of the State aid guidelines on aid for environmental protection (2008/C 96/08), OJ C 96, 17.4.2008, p.50

G19. GUIDELINES ON STATE AID FOR RESCUING AND RESTRUCTURING FIRMS IN DIFFICULTY (2004)

G20. GUIDELINES ON NATIONAL REGIONAL AID FOR 2007-2013 (2006)

G20.Guidelines on national regional aid for 2007-2013(2006)

UPDATE:- EEA application: EFTA Surveillance Authority Decision No 85/06/COL of 6 April 2006 (amending , for the fifty-sixth time, the procedural and substantive rules in the field of State aid by introducing a new Chapter 25.B: National Regional Aid 2007 to 2013) is now published at OJ L 54, 28.2.2008, p.1.

G21. COMMUNITY GUIDELINES ON STATE AID TO PROMOTE RISK CAPITAL INVESTMENTS IN SMALL AND MEDIUM-SIZED ENTERPRISES

G22. COMMMUNITY FRAMEWORK FOR STATE AID FOR RESEARCH AND DEVELOPMENT AND INNOVATION (2006)

UPDATE:- EEA application: on 15 July 2008 the EFTA Surveillance Authority adopted parallel Guidelines on State aid for environmental protection, with necessary adjustments based on particularities of the EEA Agreement.

UPDATE:-COMMUNICATION FROM THE COMMISSION: Criteria for the compatibility analysis of state aid to disadvantaged and disabled workers subject to individual notification. Adopted by the Commission on 3 June 2009.

UPDATE:-COMMUNICATION FROM THE COMMISSION: Criteria for the compatibility analysis of training state aid cases subject to individual notification. Adopted by the Commission on 3 June 2009.

UPDATE:- COMMUNICATION FROM THE COMMISSION: The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis. Published on 13 October 2008.

UPDATE:- Communication from the Commission - The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis (OJ C 270, 25.10.2008, p. 8), JOC_2008_270_R_0008_01.

UPDATE:- INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES COMMISSION: Communication from the Commission - Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis(2009/C 16/01) OJ C 16, 22.1.2009, p.1.

UPDATE:- Communication from the Commission - The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition (OJ C 10, 15.1..2009, p.2).

UPDATE:- On 1 December 2010, the Commission agreed to prolong the current State aid crisis framework, subject to modified conditions, until the end of 2011. See Communication of the Commission – Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis (Text with EEA relevance) (2011/C 6/05) OJ C 6, 11.1.2011, p.5

G22B. UPDATE:- EEA APPLICATION: See EFTA Surveillance Authority Decision No 57/11/COL of 2 March 2011 amending, for the 82nd time, the procedural and substantive rules in the field of State aid by introducing a new chapter on the application, from 1 January 2011, of State aid rules to support measures in favour of banks in the context of the financial crisis. OJ L 332, 15.12.2011, p.20. EUR-Lex permanent link: TBA.

G22C. UPDATE:- EEA application: On 25 November 2009 the EFTA Surveillance Authority adopted corresponding guidelines on state aid for individual training. See EFTA Surveillance Authority Decision No 471/09/COL of 25 November 2009 amending, for the seventy-fourth time, the procedural and substantive rules in the field of State aid by introducing a new Chapter on criteria for the analysis of the compatibility of State aid for training subject to individual notification, OJ L 231, 8.9.2011, p.23.

G22D. UPDATE:- EEA Application: On 16 December 2009 the EFTA Surveillance Authority adopted parallel guidelines regarding state aid for the employment of disadvantaged and disabled workers. See EFTA Surveillance Authority Decision No 532/09/COL of 16 December 2009 amending, for the 76th time, the procedural and substantive rules in the field of State aid by introducing a new chapter on criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification OJ L 332, 15.12.2011, p.14. EUR-Lex permanent link: TBA.

SPECIFIC AID INSTRUMENTS

G23. COMMUNICATION ON STATE AID ELEMENTS IN SALES OF LAND AND BUILDINGS BY PUBLIC AUTHORITIES (1997)

G24. COMMUNCATION APPLYING ARTICLES [87] AND [88] TO SHORT-TERM EXPORT-CREDIT INSURANCE (1997)

G25. NOTICE ON APPLICATION OF THE STATE AID RULES TO MEASURES RELATING TO DIRECT BUSINESS TAXATION (1998)

G26. NOTICE ON THE APPLICATION OF ARTICLES 87 AND 88 TO STATE AID IN THE FORM OF GUARANTEES (2000)

UPDATE:- Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (2008/C 155/02) OJ C 155, 20.06.2008, p.13

UPDATE:- Corrigendum to Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 244, 25.9.2008, p.32)

UPDATE:- COMMUNICATION FROM THE COMMISSION: The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition. C(2008) 8259 final. This document was published by the Commission on 5 December 2008.

UPDATE:- COMMUNICATION FROM THE COMMISSION: Communication from the commission — Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis [consolidated version of the Temporary Framework adopted on 17 December 2008, as amended on 25 February 2009](2009/C 83/01)OJ C 83, 7.4.09, p.1.

UPDATE:- EEA Application: the corresponding EEA provision has now been published in the Official Journal. See EFTA SURVEILLANCE AUTHORITY DECISION No 191/09/COL of 22 April 2009 amending, for the seventieth time, the procedural and substantive rules in the field of State aid by introducing a new chapter on the treatment of impaired assets in the EEA banking sector. OJ L 23, 27.1.2011, p.31

G26A. UPDATE:- EEA application: for the corresponding EEA measure, see EFTA Surveillance Authority Decision No 788/08/COL of 17 December 2008 amending, for the sixty-seventh time, the procedural and substantive rules in the field of State aid by amending the existing chapters on reference and discount rates and on State aid granted in the form of guarantees and by introducing a new chapter on recovery of unlawful and incompatible State aid, on State aid to cinematographic and other audiovisual works and State aid for railway undertakings, OJ L 105, 21.4.2011, p.32.

G26B. UPDATE:- On 1 December 2011, the Commission published its Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis. (Text with EEA relevance) (2011/C 356/02) OJ C 356, 6.12.2011, p.7. EUR-Lex permanent link: TBA. The Banking, Recapitalisation and Impaired Assets Communications will remain in place beyond 31 December 2011 and the temporal scope of the Restructuring Communication is extended beyond 31 December 2011. The Communication is available at this address: http://ec.europa.eu/competition/state_aid/legislation/temporary.html

G26C. UPDATE:- On 1 December 2011, the Commission published its Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis. (Text with EEA relevance) (2011/C 356/02) OJ C 356, 6.12.2011, p.7. EUR-Lex permanent link: TBA. The Banking, Recapitalisation and Impaired Assets Communications will remain in place beyond 31 December 2011 and the temporal scope of the Restructuring Communication is extended beyond 31 December 2011. The Communication is available at this address: http://ec.europa.eu/competition/state_aid/legislation/temporary.html

G26D. UPDATE:- On 1 December 2011, the Commission published its Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis. (Text with EEA relevance) (2011/C 356/02) OJ C 356, 6.12.2011, p.7. EUR-Lex permanent link: TBA. The Banking, Recapitalisation and Impaired Assets Communications will remain in place beyond 31 December 2011 and the temporal scope of the Restructuring Communication is extended beyond 31 December 2011. The Communication is available at this address: http://ec.europa.eu/competition/state_aid/legislation/temporary.html

G26E. UPDATE:- On 1 December 2011, the Commission published its Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of banks in the context of the financial crisis. (Text with EEA relevance) (2011/C 356/02) OJ C 356, 6.12.2011, p.7. EUR-Lex permanent link: TBA. The Banking, Recapitalisation and Impaired Assets Communications will remain in place beyond 31 December 2011 and the temporal scope of the Restructuring Communication is extended beyond 31 December 2011. The Communication is available at this address: http://ec.europa.eu/competition/state_aid/legislation/temporary.html

G26E. UPDATE:- EEA Application: see EFTA Surveillance Authority Decision No 472/09/COL of 25 November 2009 amending, for the 75th time, the procedural and substantive rules in the field of State aid by introducing a new chapter on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (OJ L 292, 10.11.2011, p.12). The new chapter is available at: http://www.eftasurv.int/fieldsofwork/fieldstateaid/state_aid_guidelines/partviii-chapteronthereturntoviabilityandtheassessmentofrestructuringmeasuresintehfinancialsector.pdf

Railway Undertakings

UPDATE:- Community guidelines on State aid for railway undertakings (2008)

REFERENCE/DISCOUNT RATES AND RECOVERY INTEREST RATES

1.Methodology

G27. NOTICE ON THE METHOD FOR SETTING THE REFERENCE AND DISCOUNT RATES (1997)

G28. COMMUNICATION ON THE INTEREST RATES TO BE APPLIED WHEN AID GRANTED UNLAWFULLY IS BEING RECOVERED (2003)

UPDATE:- Notice from the Commission - Towards an effective implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid (2007)

UPDATE:- Communication from the Commission on the revision of the method for setting the reference and discount rates (2008)

2. Rates

G29. NOTICE ON CURRENT STATE AID RECOVERY INTEREST RATES AND REFERENCE/DISCOUNT RATES FOR 15 MEMBER STATES APPLICABLE AS FROM 1 JANUARY 2005 AND HISTORIC RECOVERY INTEREST RATES AND REFERENCE/DISCOUNT RATES APPLICABLE FROM 1 AUGUST 1997 (2005)

UPDATE:- EFTA Surveillance Authority Decision No 788/08/COL of 17 December 2008 amending, for the sixty-seventh time, the procedural and substantive rules in the field of State aid by amending the existing chapters on reference and discount rates and on State aid granted in the form of guarantees and by introducing a new chapter on recovery of unlawful and incompatible State aid, on State aid to cinematographic and other audiovisual works and State aid for railway undertakings, is now published at OJ L 105, 21.4.2011, p.32.

G30. REFERENCE AND RECOVERY RATES IN THE FIELD OF STATE AID (2005)

G31. NOTICE ON CURRENT STATE AID RECOVERY INTEREST RATES AND REFERENCE/DISCOUNT RATES FOR 25 MEMBER STATES APPLICABLE AS FROM 1 JANUARY 2007 (2006)

UPDATE:- on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 June 2009 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1))(2009/C 122/04)OJ C 122, 30.5.09, p.7

UPDATE:- The Community guidelines on State aid for railway undertakings (2008/C 184/07) are now published in the Official Journal, C 184, 22.7.2008, p.13

UPDATE:- Commission notice on current State aid recovery interest rates and reference/discount rates for 27 Member States applicable as from 1 March 2009(Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 (OJ L 140, 30.4.2004,p. 1))(2009/C 48/03)OJ C 48, .27.2.2009, p.3.

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