25.5.2023
EN
Official Journal of the European Union
L 137/61
142.
In order to conclude that the aid contributes to increasing the level of R&D&I in the Union, the Commission will consider not only the net increase of R&D&I carried out by the undertaking, but also the contribution of the aid to the overall increase of R&D&I spending in the sector concerned, the increase in cross-border R&D&I activities within the Union, as well as to the improvement of the Union situation with regard to R&D&I in the international context.
A favourable view will be taken regarding aid measures, for which a publicly available ex post evaluation of their positive effects is envisaged.
3.2.6.2.
B a l an c in g o f t h e po si t i v e e f fec t s agai nst th e n egati ve ef fec ts of the ai d
143.
Finally, the Commission will balance the identified negative effects of the aid measure in terms of distortions of competition and impact on trade between Member States (see section 3.2.1 to 3.2.5) against the positive effects of the planned aid (see section 3.2.6.1) for the development of the economic activities and the Union’s economy or society, or both, and conclude on the compatibility of the aid measure with the internal market only where the positive effects outweigh the negative ones.
144.
In cases where the proposed aid measure does not address a well-identified market failure in an appropriate and proportionate way, the negative distortive effects on competition will tend to outweigh the positive effects of the measure hence the Commission is likely to conclude that the proposed aid measure is incompatible.
145.
The overall balance of certain categories of aid schemes may further be made subject to a requirement of ex post evaluation referred to in Section 4.
In such cases, the Commission may limit the duration of those schemes to four years or less with a possibility of re-notifying their prolongation afterwards.
4.
Evaluation
146.
To further ensure that distortion of competition and trade is limited, the Commission may require that aid schemes as referred to in paragraph 147 are subject to an ex post evaluation.
Evaluations will be carried out for schemes where the potential distortion of competition and trade is particularly high, i.e. that may risk significantly restricting or distorting competition if implementation is not reviewed in due time.
147.
Ex post evaluation may be required for schemes with large aid budgets, or containing novel characteristics, or when significant market, technology or regulatory changes are foreseen.
In any case, evaluation will be required for schemes with a State aid budget or accounted expenditure over EUR 150 million in any given year or EUR 750 million over their total duration, i.e. the combined duration of the scheme and any predecessor scheme covering a similar objective and geographical area, starting from 1 January 2022.
Given the objectives of the evaluation, and to avoid putting a disproportionate burden on Member States, ex post evaluations are only required for aid schemes the total duration of which exceeds three years, starting from 1 January 2022.
148.
The ex post evaluation requirement may be waived for aid schemes that are an immediate successor of a scheme covering a similar objective and geographical area that has been subject to an evaluation, delivered a final evaluation report in compliance with the evaluation plan approved by the Commission and has not generated any negative findings.
Where the final evaluation report of a scheme is not in compliance with the approved evaluation plan, that scheme must be suspended with immediate effect.
149.
The aim of the evaluation should be to verify whether the assumptions and conditions underlying the compatibility of the scheme have been achieved, in particular the necessity and the effectiveness of the aid measure in the light of its general and specific objectives.
It should also assess the impact of the scheme on competition and trade.