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Invitation to submit comments on the draft Commission Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid

(2006/C 137/04)

Interested parties may submit their comments within one month of the date of publication of this draft Regulation to:

The text will also be available on the following website:

http://ec.europa.eu/comm/competition/state_aid/overview/sar.html

Draft Regulation on the application of Articles 87 and 88 of the EC Treaty to de minimis aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (1), and in particular Article 2 thereof,

Having published a draft of this Regulation (2),

Having consulted the Advisory Committee on State aid,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation applies to aid granted to undertakings in all sectors, with the exception of:

2.   For the purpose of this Regulation,

3.   This Regulation shall only apply to aid awarded in the form of grants and other types of aid in respect of which it is possible to calculate precisely the gross grant equivalent of the aid ex ante without need to undertake a risk assessment.

Aid comprised in loans, guarantees, risk capital measures and capital injections shall not be treated as de minimis aid, unless the total value of the transaction in question does not exceed the ceiling, as laid down in Article 2(2).

Article 2

De minimis aid

1.   Aid measures shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore be exempt from the notification requirement of Article 88(3) of the Treaty, if they fulfil the conditions laid down in paragraphs 2 and 3.

2.   The total de minimis aid granted to any one undertaking shall not exceed EUR 200 000 gross over any period of three fiscal years. This ceiling shall apply irrespective of the form of the aid or the objective pursued and regardless of whether the aid granted by the Member State is financed entirely or partly by resources of Community origin. The period shall be determined by reference to the fiscal years used in the Member State concerned.

When an overall aid amount exceeds this ceiling, that aid cannot benefit from this Regulation, even for a fraction not exceeding that ceiling, either at the time it is granted or in respect of a later period.

3.   The ceiling in paragraph 2 shall be expressed as a cash grant. All figures used shall be gross, that is, before any deduction of tax or other charge. Where aid is awarded in a form other than a grant, the aid amount shall be the gross grant equivalent of the aid.

Aid payable in several instalments shall be discounted to its value at the moment of its being granted. The interest rate to be used for discounting purposes and to calculate the gross grant equivalent shall be the reference rate applicable at the time of grant.

Article 3

Cumulation and monitoring

1.   Where a Member State intends to grant de minimis aid to an undertaking, it shall inform that undertaking in writing about the amount of the aid (expressed as gross grant equivalent) and about its de minimis character, making express reference to this Regulation, and citing its title and publication reference in the Official Journal of the European Union. It shall also obtain from the undertaking concerned a written declaration about any other de minimis aid [or other State aid] received during the previous two fiscal years and the current fiscal year.

The Member State shall only grant the new de minimis aid after having checked that this will not raise the total amount of de minimis aid received during the relevant period of three years to a level above the ceiling laid down in Article 2(2).

2.   Where a Member State has set up a central register of de minimis aid containing complete information on all de minimis aid granted by any authority within that Member State, the first subparagraph of paragraph 1 shall no longer apply from the moment the register covers a period of three fiscal years.

3.   Member States shall record and compile all the information regarding the application of this Regulation. Such records shall contain all information necessary to demonstrate that the conditions of this Regulation have been complied with. Records regarding an individual de minimis aid shall be maintained for 10 fiscal years from the date on which it was granted and regarding a de minimis aid scheme, for 10 years from the date on which the last individual aid was granted under such scheme. On written request the Member State concerned shall provide the Commission, within a period of 20 working days, or such longer period as may be fixed in the request, with all the information that the Commission considers necessary for assessing whether the conditions of this Regulation have been complied with, in particular the total amount of de minimis aid received by any undertaking.

Article 4

Transitional measures

1.   This Regulation shall apply to aid granted before its entry into force, if it fulfils all the conditions laid down in Articles 1, 2, and 3. Any aid which does not fulfil those conditions shall be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.

2.   Any de minimis aid granted between 2 February 2001 and 30 June 2007, which fulfils the conditions of Regulation (EC) No 69/2001, shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore be exempt from the notification requirement of Article 88(3) of the Treaty.

3.   At the end of the period of validity of this Regulation, any de minimis aid which fulfils the conditions of this Regulation may be validly implemented for a period of six months.

Article 5

Entry into force and period of validity

1.   This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007 until 31 December 2013.

2.   This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, ...

For the Commission

...

Member of the Commission

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(1)OJ L 142, 14.5.1998, p. 1.

(2)  OJ C ...

(3)OJ C 68, 6.3.1996, p. 9.

(4)OJ L 10, 13.1.2001, p. 30.

(5)  As regards transport and coal, for the sake of simplicity, this draft at this stage replicates the scope of application of Regulation (EC) No 69/2001. This however does not prejudge the outcome of the ongoing consultation regarding the application of de minimis regulation to these sectors (2005/C 144/02).

(6)  As regards transport and coal, for the sake of simplicity, this draft at this stage replicates the scope of application of Regulation (EC) No 69/2001Regulation. This however does not prejudge the outcome of the ongoing consultation regarding the application of de minimis regulation to these sectors (2005/C 144/02).

(7)OJ L 17, 21.1.2000, p. 22.

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