L 137/62
150.
EN
Official Journal of the European Union
25.5.2023
For aid schemes subject to the evaluation requirement according to paragraph 147, Member States must notify a draft evaluation plan, which will form an integral part of the Commission’s assessment of the scheme, as follows: (a) together with the aid scheme, if the State aid budget of the scheme exceeds EUR 150 million in any given year or EUR 750 million over its total duration; (b) within 30 working days following a significant change that increases the budget of the scheme to over EUR 150 million in any given year or EUR 750 million over the total duration of the scheme; (c) within 30 working days following the recording in official accounts of expenditure under the scheme in excess of EUR 150 million in any year.
151.
The draft evaluation plan must be in line with the common methodological principles provided by the Commission (77).
Member States must publish the evaluation plan approved by the Commission.
152.
The ex post evaluation must be carried out by an expert independent from the aid granting authority on the basis of the evaluation plan.
Each evaluation must include at least one interim and one final evaluation report.
Member States must publish both reports.
153.
The final evaluation report must be submitted to the Commission in due time to assess any prolongation of the aid scheme and at the latest nine months before its expiry.
That period may be reduced for schemes triggering the evaluation requirement in their last two years of implementation.
The precise scope and arrangements for each evaluation will be set out in the decision approving the aid scheme.
The notification of any subsequent aid measure with a similar objective must describe how the results of the evaluation have been taken into account.
5.
Reporting and Monitoring
154.
In accordance with Council Regulation (EC) No 2015/1589 (78) and Commission Regulation (EC) No 794/2004 (79) Member States must submit annual reports to the Commission.
155.
Member States must maintain detailed records regarding all aid measures.
Such records must contain all information necessary to establish that the conditions regarding eligible costs and maximum aid intensities have been fulfilled.
Those records must be maintained for ten years from the date of award of the aid and must be provided to the Commission upon request.
6.
Applicability
156.
The Commission will follow the principles and guidelines set out in this Communication for the compatibility assessment of all notified R&D&I aid in respect of which it is called upon to take a decision after 19 October 2022.
Unlawful R&D&I aid will be assessed in accordance with the rules applicable on the date on which the aid was awarded.
157.
Pursuant to Article 108(1) of the Treaty, the Commission proposes that Member States amend, where necessary, their existing R&D&I aid schemes to ensure compliance with this framework no later than 6 months as of the entry into force of this Framework.
(77) Commission staff working document, Common methodology for State aid evaluation, Brussels, 28.5.2014, SWD(2014) 179 final, or any of its successors.
(78) Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 248, 24.9.2015, p. 9).
(79) Commission 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 (OJ L 140, 30.4.2004, p. 1).