REPORT FROM THE COMMISSION State aid Scoreboard 2012 Update Report on State aid granted by the EU Member States - 2012 Update –
Date: 2012-12-21
Institutions: European Commission
Subjects: EU Member State, State aid, aid to industry, control of State aid, economic recession, financial services, service industry

EUROPEAN 
COMMISSION 

Brussels, 21.12.2012  
COM(2012) 778 final 

REPORT FROM THE COMMISSION 

State aid Scoreboard 2012 Update 

Report on State aid granted by the EU Member States 

- 2012 Update – 

{SWD(2012) 443 final}

EN 

   EN 

 
 
 
 
 
  
 
 
 
 
 
 
REPORT FROM THE COMMISSION 

State aid Scoreboard 2012 Update 

Report on State aid granted by the EU Member States 

- 2012 Update – 

EN 

2 

   EN 

 
 
 
 
 
 
TABLE OF CONTENTS 

Summary of the Report’s conclusions ....................................................................................... 4 

State aid in the current economic context .................................................................................. 5 

1. 

1.1. 

1.2. 

2. 

2.1. 

2.2. 

3. 

State aid in 2011........................................................................................................... 6 

Non-crisis aid ............................................................................................................... 6 

Crisis aid....................................................................................................................... 6 

Trends and patterns of expenditure on non-crisis State aid in the Member States ...... 8 

State aid to industry and services ................................................................................. 8 

State aid for horizontal objectives of common interest................................................ 9 

State aid granted to the financial sector and support for the real economy ............... 10 

3.1. 

State aid to the financial sector .................................................................................. 10 

3.1.1.  Context ....................................................................................................................... 10 

3.1.2.  Aid amounts approved and used between 1 October 2008 and 1 October 2012 ....... 10 

3.1.3.  Aid amounts approved and used in 2011 ................................................................... 10 

3.2. 

State aid to the real economy ..................................................................................... 11 

3.2.1.  Context ....................................................................................................................... 11 

3.2.2.  Amounts approved and used ...................................................................................... 11 

4. 

4.1. 

4.2. 

5. 

5.1. 

5.2. 

5.3. 

5.4. 

Trends in State aid expenditure by type of aid measures........................................... 12 

Number of aid measures............................................................................................. 12 

Aid volume - around 32.5% of aid to industry and services is block-exempted ....... 12 

Enforcing the State aid rules ...................................................................................... 12 

Unlawful aid............................................................................................................... 12 

Recovery of aid .......................................................................................................... 12 

Enforcement of State aid law: Cooperation with national courts .............................. 13 

Ex-post monitoring..................................................................................................... 13 

EN 

3 

   EN 

 
 
SUMMARY OF THE REPORT’S CONCLUSIONS 

Total expenditure on non-crisis State aid further decreased in the EU in 2011 to €
 64.3 billion 
or 0.5 % of EU GDP, when compared to previous years. While, generally speaking, Member 
States continued their efforts to reduce overall aid levels, a substantial part of the decrease is 
probably due to tougher budget conditions in many Member States. That drop in expenditure 
obviously contributed to the overall trend of lower State aid expenditure over the period 2006-
2011.  It  remains  to  be  seen  in  the  coming  years  whether  that  downward  trend  continues  or 
levels out in the long-term. 

Aid earmarked for horizontal objectives of common interest continued to be high, comprising 
roughly  90 %  of  total  aid  granted  to  industry  and  services.  Block-exempted  aid  increased 
further  to  about  32.5 %  of  total  aid  granted  to  industry  and  services,  compared  to  previous 
years,  confirming  the  upward  trend  seen  since  2006.  Overall,  aid  granted  under  block 
exemption and through notified schemes remained high (roughly 87.5 %) whereas individual 
aid, under scrutiny by the Commission, remained low. 

Activities  to  recover  incompatible  aid  continued  and  this  aid  was  recovered  from 
beneficiaries. 

In 2011, fewer new aid measures aimed at supporting the financial sector were authorised by 
the  Commission.  The  total  amount  of  aid  approved  from  2008  until  1  October  2012  was 
 5058.9  billion  (40.3 %  of  EU  GDP).  However,  most  of  the  measures  approved  since  2008 
are still in operation due to continuing market tensions. 

The aid to the financial sector in 2011, totalling €
 714.7 billion or 5.7 % of EU GDP, was 
mainly  to  provide  guarantee  support  and  liquidity  support  and  was  concentrated  in  a  few 
Member States.  

With  respect  to  aid  granted  under  the  temporary  framework,  no  new  aid  measures  were 
introduced  by  Member  States,  except  a  few  for  agriculture,  while  some  existing  measures 
authorised in 2009 and 2010 were prolonged. In 2011, €
 4.8 billion in aid was granted under 
the temporary framework which was less than in previous years. The total amount of aid used 
 37.5  billion),  remained  well  below  the  total  amount  of 
under  the  temporary  framework  (€
approved aid (€

 82.9 billion). 

EN 

4 

   EN 

 
€
The  2012  update  of  the  State  Aid  Scoreboard  provides  a  synopsis  of  the  information 
submitted this year by Member States in their annual reports on State aid expenditure in 2011. 

As  in  previous  Scoreboards,  aid  amounts  are  divided  into  non-crisis  aid  and  crisis  aid,  for 
methodological reasons and to avoid distorting the picture of trends in State aid expenditure 
due to the large aid amounts granted to the financial sector1. 

For non-crisis aid, a synopsis is provided of State aid expenditure in 2011, accompanied by an 
overview  of  trends  in  State  aid  granted  to  industry  and  services  (by  comparing  expenditure 
over the periods 2006-2008 and 2009-2011). A distinction is made by type of aid, i.e. block- 
exempted aid, schemes and individual aid (individual aid granted under a scheme and ad hoc 
aid).  

Crisis  aid  is  presented  in  the  form  of  an  overview  of  the  aid  amounts  approved  (1  October 
2008 until 1 October 2012) and aid amounts used (1 October 2008 until 31 December 2011), 
by type of instrument, i.e. recapitalisation, guarantees, impaired assets and liquidity measures. 
Information  on  aid  granted  under  the  Temporary  Community  Framework  for  State  aid 
measures  to  support  access  to  finance  in  the  current  financial  and  economic  crisis  (the 
temporary  framework)2  is  provided  in  the  form  of  the  approved  aid  amounts  and  the  aid 
amounts used. 

Finally,  an  update  is  provided  on  what  has  been  achieved  in  the  enforcement  of  State  aid 
rules. 

It is noted that the EFTA Surveillance Authority also publishes an annual scoreboard3 giving 
updates on the volume of State aid granted by Iceland, Liechtenstein and Norway. 

The  State  Aid  Scoreboard  is  composed  of  a  summary  report,  adopted  by  the  college  of 
Commissioners, focusing on key facts, conclusions and trends in State aid granted by Member 
States  and  a  Staff  Working  Document  ‘Facts  and  figures  on  State  aid  in  the  EU  Member 
States’ (SWD), attached to the report to provide factual background. 

State aid in the current economic context 

EU GDP showed very moderate growth in 2011, well below 1 % on average. Overall, private 
and public spending was still low and had started to rise only slowly. Unemployment in the 
EU  was  above  10 %,  and  the  intensifying  sovereign-debt  crisis  also  weighed  heavily  on  the 
EU economy.  

1 

2 

3 

Crisis  aid  is  expressed  by  (i)  the  committed  amount  of  aid  and  (ii)  the  used  amount  of  aid.  The 
committed  amount  (pledged  volume  of  aid)  represents  the  overall  maximum  amount  of  State  aid 
measures adopted by Member States and approved by the Commission. The used amount expresses the 
actual  volume  of  the  aid  measure  implemented  by  a  Member  State.  The  methodology  used  for 
calculating crisis aid is further explained in the Commission’s Staff Working Paper. Non-crisis aid is 
normally expressed by the aid element and total expenditure is expressed accordingly, both in absolute 
volume and in % of GDP, in order to present comparable information. 
Consolidated version of the Communication from the Commission - Temporary Community framework 
for State aid measures to support access to finance in the current financial and economic crisis; OJ C 83, 
7.4.2009, p. 1; as amended by OJ C 261, 31.10.2009, p. 1, and OJ C 303, 15.12.2009, p. 6. Prolongation 
of the temporary framework; OJ C 6, 11.1.2011, p. 5. 
See http://www.eftasurv.int/press--publications/scoreboards/state-aid-scoreboards/. 

EN 

5 

   EN 

 
                                                 
Since the crisis situation in the financial sector continued, Member States also had to prolong 
their  bank  support  in  order  to  maintain  confidence  in  the  sector  and  in  particular  to  enable 
banks to provide credit to the real economy. 

Overall, the Commission’s State aid control policy has again been one of the key factors in 
ensuring  the  coordinated  implementation  of  the  unprecedented  rescue  measures,  without 
creating undue competition distortion in the internal market. 

1. 

STATE AID IN 2011 

1.1. 

Non-crisis aid 

Total non-crisis State aid amounted to €
industry  and  services  amounted  to  €
accounted for €
or 0.001 % of EU GDP, and transport aid stood at €

 8.7 billion, or 0.07 % of EU GDP, aid to fisheries amounted to €

 64.3 billion, or 0.5 % of EU4 GDP5, in 2011. Aid to 
 52.9  billion,  or  0.42 %  of  EU  GDP6,  aid  to  agriculture 
 109 million, 

 2.2 billion, or 0.02 % of EU GDP. 

 39  billion  in  terms  of  volume;  they  are  Germany  (€

The five largest granters of aid to industry and services represent approximately 60 % of the 
 13.6  billion),  France 
total, 
(€
 3.8 billion). 
 4.8 billion), Spain (€
The  ranking  is  different  in  terms  of  %  of  GDP;  in  this  case,  most  aid  is  granted  by  Malta 
(1.6 %), Greece (1.2 %), Finland (1.2 %), Hungary (1.1 %) and Slovenia (1.1 %). 

 12.3 billion), United Kingdom (€

 4.5 billion) and Italy (€

Notified subsidies to railways7 in 2011 amounted to € 32.3 billion 8, or represent 0.25 % of EU 
GDP. 

1.2. 

Crisis aid 

In  respect  of  crisis-related  aid  granted  to  the  financial  sector,  recapitalisation  and  impaired 
 31.7 billion, or 0.25 % of EU GDP, and the overall volume of average 
asset relief stood at €
outstanding  guarantees,  including  new  guarantees,  and  liquidity  measures  amounted  to 
 682.9 billion, representing 5.4 % of EU GDP. By 1 October 2012, all Member States except 
Bulgaria,  Czech  Republic,  Estonia,  Malta,  and  Romania  had  had  financial  crisis  measures 
approved by the Commission. 

4 
5 

6 

7 

8 

‘EU’ means all Member States of the European Union. 
Total non-crisis State aid comprises aid granted to industry and services, coal, agriculture, fisheries and 
transport,  but  excludes,  due  to  lack  of  comparable  data,  subsidies  to  the  railway  sector  and  aid  in 
compensation  for  services  of  general  economic  interest.  Amounts  refer  to  the  aid  element  (or  gross 
grant equivalent in the case of guarantees and loans) contained in the State aid  measure unless stated 
otherwise. For more details, see the methodological notes included in the SWD. 
Coal  aid,  as  part  of  sectoral  aid  and  thus  coming  under  industry  and  services,  stood  at  €
which represents 4.2 % of total aid to industry and services.  
The information on subsidies to railways differs in scope and detail from that collected from Member 
States  on  aid  granted  to  industry  and  services  in  accordance  with  Annex  III  A  of  Commission 
Regulation (EC) No 794/2004 (OJ L 140, 30.4.2004, p.1). Aggregation into a single State aid total is 
thus not possible.  
At  the  time  of  finalising  this  report,  information  on  subsidies  to  railways  had  not  been  submitted  by 
Czech  Republic,  Italy,  Luxembourg,  the Netherlands,  Portugal, and Slovakia.  Cyprus and  Malta  have 
no railway operators. 

 2.3  billion, 

EN 

6 

   EN 

 
€
€
                                                 
The  aid  amount  used  under  the  temporary  framework  amounted  to  €
 4.8  billion  in  2011,  or 
0.037 % of EU GDP. All Member States except Cyprus had aid measures approved under the 
temporary framework. 

EN 

7 

   EN 

 
2. 

TRENDS  AND  PATTERNS  OF  EXPENDITURE  ON  NON-CRISIS  STATE  AID  IN  THE 
MEMBER STATES 

Figure 19: Total State aid (non-crisis aid) as % of GDP (EU-27; data from 1992 onwards) 

Overall, non-crisis State aid expenditure has been on a long-term downward trend since the 
1980s, when it stood at approximately 2 % of EU GDP. It fell to about 1 % of EU GDP in the 
1990s  and  decreased  further  to  around  0.5 %  of  EU  GDP  after  200410,  except  in  2006.  A 
moderate  increase  was  seen  in  2008  and  2009,  but  in  2010  and  2011  the  figure  was  again 
around 0.5 % of EU GDP. 

Over the short term, non-crisis State aid expenditure has been roughly stable at a low level for 
many years, as is also suggested by the underlying trends, 0.64 % of EU GDP in 2006-2008 to 
0.58 % of EU GDP in 2009-2011. On the one hand, Member States appear to have maintained 
their State aid discipline and increased non-crisis aid only in some areas where a response to 
the  financial  and  economic  crisis  was  needed,  despite  the  fact  that  many  Member  States 
granted  substantial  aid  amounts  to  the  financial  sector.  On  the  other  hand,  in  2011  in 
particular,  many  Member  States  may  have  been  forced  to  reduce  aid  volumes  as  a  result  of 
tougher  budget  constraints,  which  does  not  exclude  the  possibility  that  expenditure  may  be 
shifted into coming years or that expired aid measures may be reintroduced at a later stage.  

Due  to  the  particular  features  of  aid  to  agriculture,  fisheries  and  transport,  the  following 
sections  on  the  levels  and  orientation  of  non-crisis  aid  (2.1  and  2.2)  only  deal  with  aid  to 
industry and services. 

2.1. 

State aid to industry and services 

Looking  at  the  trend,  i.e.  comparing  aid  expenditure  between  the  periods  2006-2008  and 
2009-2011,  a  slight  increase  can  be  seen  for  the  period  2009-2011  when  the  aid  volume 
 60.0 billion or 0.48 % of EU GDP, whereas in the preceding period it stood at 
amounted to €
 58.6 billion or 0.47 % of EU GDP. In the light of the reasons given above, it would not be 
reasonable to conclude that a long-term increase in State aid can already be observed or that 

9 
10 

Source: DG Competition; GDP figures: Eurostat. 
See previous Scoreboards for more about the reasons for the past decline in State aid expenditure, 
which can found on DG Competition’s website: 
http://ec.europa.eu/competition/state_aid/studies_reports/archive/scoreboard_arch.html.  

EN 

8 

   EN 

 
 
€
                                                 
the  one-off  effect  of  2009  is  still  contributing  to  the  overall  increase  in  that  period.  In  any 
event, it appears more likely that the trend will reverse due to the lower expenditures in 2010 
and 2011. 

With  regard  to  the  lower  aid  expenditure  on  industry  and  services  in  2011,  some  Member 
States  have  cut  back  expenditure  due  to  budget  constraints  or  may  well  stretch  expenditure 
plans over more years to maintain strict budget discipline. Lower sectoral aid granted in 2011 
contributed  to  the  decrease.  Thus,  more  aid  was  earmarked  for  horizontal  objectives,  in 
particular  to  give  support  to  regional  development,  promote  environmental  protection  and 
continue  investing  in  research  and  development.  Overall,  that  development  indicates  that 
Member  States  were  able  to  respond  flexibly  to  economic  constraints  but  also  to  changing 
economic needs. 

Block-exempted  aid11  increased  substantially  in  2011.  More  generally,  Member  States 
continued to grant aid through schemes, which indicates that they favoured such tools in order 
to  give  support  to  a  large  number  of  enterprises  without  prior  individual  notification  to  the 
Commission. 

2.2. 

State aid for horizontal objectives of common interest 

The  concept  of  horizontal  aid,  which  covers  aid  not  granted  to  specific  sectors  of  the 
economy,  derives  from  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)12.  It 
leaves  room  for  the  Commission  to  make  policy  choices  under  which  State  aid  can  be 
considered  compatible  with  the  internal  market  in  order  to  provide  effective  support  to 
common policy objectives. 

As in previous years, the three main objectives in 2011 for which Member States granted aid 
were: regional development, safeguarding the environment including fostering energy saving 
and  promoting  the  use  of  renewable  energies,  and  research,  development  and  innovation 
('R&D&I').  Aid  to  SMEs  and  aid  for  creating  of  employment  and  promoting  training  were 
less used by Member States. 

 52.9 billion, or 0.42 % of EU GDP granted to industry and services, 89.7 % 
Out of a total of €
of the aid was earmarked for horizontal objectives. Regional aid amounted to €
 14.0 billion, or 
0.11 %  of  EU  GDP,  followed  by  environmental  protection,  including  energy  saving,  which 
 12.4 billion, representing 0.09 % of EU GDP, and R&D&I aid, which amounted to 
stood at €
 10 billion, or 0.08 % of EU GDP. Those three objectives accounted for approximately two-
thirds of total aid to industry and services.  

The  trend,  with  horizontal  aid  increasing  by  approximately  0.2 %  of  EU  GDP  between  the 
periods  2006-2008  and  2009-2011,  shows  that  Member  States  have  evidently  been  making 
efforts to earmark aid for horizontal objectives over past years. In only a few Member States 
has the level of horizontal aid been below 50 %. 

Sectoral aid13, which represented roughly 10.3 % of total aid granted to industry and services, 
 5.5 billion, or 0.04 % of EU GDP, continued to decrease in 2011. Less aid was 
amounting to €
granted to the coal sector and the manufacturing and non-manufacturing sectors. 

11 
12 

13 

For more details, see chapters 2.2.2.1 and 4 in the SWD. 
For  instance,  Article  107(3)(a)  TFEU  with  respect  to  regional  aid,  Article  107(3)(b)  TFEU  on  the 
execution of an important project of common European interest. 
Rescue and restructuring aid is included in sectoral aid. 

EN 

9 

   EN 

 
€
                                                 
3. 

STATE  AID  GRANTED  TO  THE  FINANCIAL  SECTOR  AND  SUPPORT  FOR  THE  REAL 
ECONOMY 

3.1. 

State aid to the financial sector 

3.1.1.  Context 

The turmoil in the financial markets, which continued in 2011, was triggered by the financial 
crisis  in  2008  and  called  for  massive  intervention  by  European  governments  to  curb  the 
adverse  effects  of  the  shock.  State  aid  to  financial  institutions  was  crucial  for  restoring 
confidence in the financial sector and avoiding a systemic crisis. 

In view of the worsening of the sovereign debt crisis in mid 2011, the Member States and the 
Commission  agreed  on  a  package  of  measures  to  strengthen  banks'  capital  and  provide 
guarantees for their liabilities (the banking package)14. 

3.1.2.  Aid amounts approved and used between 1 October 2008 and 1 October 2012 

Between 1 October 200815 and 1 October 2012, the Commission approved aid to the financial 
 5058.9 billion (40.3 % of EU GDP). The bulk of the aid was authorised in 
sector totalling €
2008 when €
 3394 billion (27.7 % of EU GDP) was approved, mainly comprising guarantees 
on banks’ bonds and deposits. After 2008, the aid approved focused more on recapitalisation 
of banks and impaired asset relief rather than on guarantees, while more recently a new wave 
of  guarantee  measures  was  approved  mainly  by  those  countries  experiencing  an  increase  in 
their sovereign spreads, such as Spain and Italy. 

Between  200816  and  2011,  the  overall  amount  of  aid  used  amounted  to  €
 1615.9  billion 
(12.8 %  of  EU  GDP).  Guarantees  accounted  for  the  largest  part  amounting  to  roughly 
 322.1 billion (2.5 % of EU 
 1084.8 billion (8.6 % of EU GDP), followed by recapitalisation €
GDP), impaired assets €
 89 billion (0.7 % 
of EU GDP). 

 119.9 (0.9 % of EU GDP) and liquidity measures €

3.1.3.  Aid amounts approved and used in 2011 

In  2011,  the  Commission  approved  aid  to  the  financial  sector  amounting  to  €
 274.4  billion 
(2 % of EU GDP). The new aid approved was concentrated in a few countries and involved 
guarantees  for  €
 50.2  billion,  recapitalisations  for 

 179.7  billion,  liquidity  measures  for  €

 38.1 billion and impaired asset relief for €

 6.4 billion.  

The  overall  volume  of  aid  used  in  2011  amounted  to  €
Outstanding  guarantees  stood  at  €
 110.9 billion. Liquidity interventions amounted to €
in 2011 stood at €
through the authorised impaired assets measures. 

 714.7  billion,  or  5.7 %  of  EU  GDP. 
 521.8  billion  and  new  guarantees  issues  amounted  to 
 43.7 billion and new liquidity provided 
 31.7 billion. No aid was granted 

 6.5 billion. Recapitalisation amounted to €

14 
15 
16 

ECOFIN Council conclusion, 8 November 2011. 
Recapitalisation aid granted to Northern Rock in 2007 is included. 
Recapitalisation aid granted to Northern Rock in 2007 is included. 

EN 

10 

   EN 

 
€
€
€
                                                 
3.2. 

State aid to the real economy 

3.2.1.  Context 

In response to the tightening of access to credit faced by companies as a result of the financial 
crisis,  the  Commission  adopted  the  temporary  framework  on  17  December  2008.  The  main 
goals were to maintain continuity in company access to finance and to prepare the ground for 
sustainable  long-term  growth  by  encouraging  investment.  The  temporary  framework 
introduced a number of new State aid instruments as well as temporary adaptations of existing 
State aid frameworks. It was open to all sectors of the economy. However, it excluded aid to 
remedy  pre-existing  structural  problems,  so  no  aid  was  granted  to  companies  that  were  in 
difficulty before the crisis. 

The temporary framework was supposed to expire at the end of 2010. However, in the light of 
the  continuing  high  volatility  of  financial  markets,  coupled  with  the  uncertain  economic 
outlook,  at  the  end  of  2010  the  Commission  decided  to  prolong  for  one  year  most  of  the 
measures set out in the temporary framework for one year under stricter conditions17, except 
the  possibility  to  grant  a  limited  compatible  aid  amount  of  €
 500 000  per  company.  The 
compatible  limited  amount  of  aid  (aid  up  to  €
 500 000  per  company)  was  limited  to 
beneficiaries that had submitted a complete application no later than 31 December 2010 under 
a  national  aid  scheme  approved  by  the  Commission  in  accordance  with  the  temporary 
framework and no later than 31 March 2011 for undertakings active in the primary production 
of agricultural products. 

3.2.2.  Amounts approved and used 

In  2011,  Member  States  implemented  no  new  aid  measures  (except  a  few  for  farmers)  but 
requested the prolongation of some existing measures18.  

From  the  entry  into  force  of  the  temporary  framework  until  the  end  of  2011,  the  total 
approved volume authorised by the Commission amounted to €

 82.9 billion. 

In  2011,  the  aid  amount  used  under  the  temporary  framework  stood  at  approximately 
 4.8 billion or 0.037% of EU GDP. 

The main tool used by Member States was the subsidised guarantees (€
 0.6 billion). 
by the maximum aid amount of €

 500 000 per company (€

 1.9 billion), followed 

In  total,  the  amount  used  by  Member  States  under  the  temporary  framework  amounted  to 
roughly €
 37.5 billion, representing a take-up rate of 45 % in relation to the total approved aid 
under the temporary framework.  

For more details on aid granted under the temporary framework, see chapter 3.2 of the SWD. 

17 

18 

Communication  of  the  Commission  Temporary  Union  Framework  for  State  aid  measures  to  support 
access to finance in the current financial and economic crisis; OJ C 6, 11.1.2011, p. 5. 
For more details, see chapter 3.2 of the SWD. 

EN 

11 

   EN 

 
€
                                                 
4. 

TRENDS IN STATE AID EXPENDITURE BY TYPE OF AID MEASURES 

4.1. 

Number of aid measures 

Fewer new aid measures were introduced by Member States in 2011. However, the proportion 
of aid granted under block exemption or schemes and as individual aid remained fairly stable, 
with a slight increase in ad hoc aid measures. National budget restrictions were most likely 
the reason why Member States were reluctant to implement new aid measures. The fewer new 
block-exempted  aid  measures  can  be  explained  by  the  fact  that  Member  States  phased  out 
measures  implemented  under  the  previous  specific  block  exemptions  (SMEs,  employment, 
training  and  regional  aid).  Given  that  the  General  Block  Exemption  Regulation  ('GBER')19, 
introduced in August 2008, allows for a wider scope in granting aid, e.g. more aid objectives, 
wider  application  and,  in  some  cases,  more  lenient  conditions  (depending  on  the  individual 
objective), Member States have needed fewer new block-exempted measures under the GBER 
to replace previous block-exempted measures. 

4.2. 

Aid volume - around 32.5% of aid to industry and services is block-exempted 

Block-exempted  aid  granted  to  industry  and  services  increased  by  roughly  €
 5  billion  to 
 17.2 billion  in  2011,  or  0.13 %  of  EU  GDP,  accounting  for  32.5 %  of  total  aid  granted  to 
industry  and  services.  Regional  aid,  aid  to  protect  the  environment  and  to  save  energy  and 
R&D&I aid were the main measures, whereas Member States earmarked less aid for SMEs, 
training and employment. 

5. 

ENFORCING THE STATE AID RULES 

5.1. 

Unlawful aid20 

Between  2000  and  2011,  the  Commission  adopted  986  decisions  on  unlawful  aid.  Negative 
decisions on aid measures found to be incompatible with the internal market represented 23 % 
of  the  cases21  and  entailed  ordering  the  Member  State  concerned  to  recover  the  illegally 
awarded  aid.  For  some  3 %  of  unlawful  aid22,  the  Commission  attached  conditions  to  its 
decisions.  That  intervention  rate  is  roughly  nine  times  higher  than  the  rate  of  negative  and 
conditional  decisions  in  notified  cases.  More  than  half  of  the  interventions  concerned 
measures  granting  aid  to  industry  and  services,  while  less  than  a  quarter  were  in  the 
agricultural sector. The remainder concerned fisheries, transport and coal. 

5.2. 

Recovery of aid 

The total number of pending recovery cases stood at 46 cases on 30 June 2012 (compared to 
41 cases at the end of 2010). The amount of illegal and incompatible aid recovered since 2000 
also  increased  to  €
 13.5  billion  by  30  June  2012  (compared  to  an  outstanding  amount  of 
 2.3 billion still to be recovered). Thus, the percentage of illegal and incompatible aid still to 
be recovered rose from 11.1 % in 2010 to around 14.4 % on 30 June 2012. In fisheries, five 

19 
20 

21 
22 

Commission Regulation (EC) 800/2008; OJ L 214, 9.8.2008, p. 3. 
Article  108(3)  TFEU  obliges  Member  States  not  only  to  notify  new  State  aid  measures  to  the 
Commission  prior  to  implementation  but  also  to  refrain  from  putting  them  into  effect  until  a  final 
decision  is  adopted.  When  either  of  those  obligations  is  not  respected,  the  State  aid  measure  is 
considered to be unlawful. 
224 cases. 
28 cases. 

EN 

12 

   EN 

 
€
€
                                                 
negative decisions were adopted by the Commission in 2011, four of which include recovery 
of  the  aid.  In  agriculture,  five  recovery  decisions  were  adopted  in  2011.  Transport  had  no 
recovery decisions. 

5.3. 

Enforcement of State aid law: Cooperation with national courts 

As  a  follow-up  to  the  Notice  on  the  Enforcement  of  State  Aid  Law  by  National  Courts  of 
200923,  advocacy  efforts  have  intensified:  the  Commission  is  actively  involved  in  financing 
training programmes for national judges following an annual call for projects, and also sends 
trainers to teach at such workshops and conferences. In February 2012, a dedicated one-day 
workshop,  covering  both  antitrust  and  State  aid  issues  relevant  for  national  courts,  was 
organised by the Commission in cooperation with the Association of European Competition 
Law Judges. 

5.4. 

Ex-post monitoring 

Over the years, the architecture of State aid control has evolved significantly. Today, roughly 
88 % of aid granted to industry and services is not individually examined by the Commission, 
but  is  granted  on  the  basis  of  previously  approved  aid  schemes  or  under  block  exemption. 
DG Competition  monitors  the  way  in  which  Member  States  apply  existing  aid  schemes.  To 
further improve the effectiveness of that control, in 2011 DG Competition decided to enlarge 
the  scope  of  the  2011/2012  monitoring  exercise  significantly.  Although  investigation  of  a 
number  of  cases  is  still  on-going,  there  seems  to  be  an  overall  increase  in  the  number  of 
problematic  cases.  More  than  one-third  of  the  cases  monitored  in  2011/2012  have  raised 
problems of varying types and gravity (non-notified modification of schemes, individual aid 
exceeding  the  maximum  thresholds,  compatibility  conditions  not  properly  reflected  in  the 
national legal basis etc.). Keeping in mind the possible bias introduced by the limited number 
of  cases  monitored  so  far  (compared  to  the  great  number  of  existing  aid  schemes),  the 
compliance rate seems to vary across the Member States and the different types of aid. The 
Commission will systematically follow up all irregularities. At the same time, Member States 
must step up their efforts to better comply with State aid rules. 

23 

OJ C 85, 9.4.2009, p. 1. 

EN 

13 

   EN 

 
                                                 
Commission Staff Working Document ‘Facts and figures on State aid in the EU Member 
States’ 

EN 

14 

   EN