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NN114/2000<br />

Individual cases <strong>of</strong> application based<br />

on the English Heritage Scheme<br />

The scheme is usually known as the Historic Buildings, Monuments, Parks <strong>and</strong> Gardens<br />

Grant Scheme <strong>and</strong> as its title suggests, the scheme targets the repair <strong>of</strong> Engl<strong>and</strong>’s most<br />

important historic buildings, monuments, parks <strong>and</strong> gardens. Having received a grant, these<br />

heritage attractions must then be open to the general public during certain days <strong>of</strong> the year.<br />

Projects that can be targeted under this scheme are secular monuments, parks,<br />

gardens <strong>and</strong> buildings. These assets must either be listed or registered at a specific<br />

heritage grade for the repair works to proceed under this scheme.<br />

This scheme provides support in the form <strong>of</strong> a grant for the costs <strong>of</strong> immediate repairs that<br />

are necessary to prevent loss or damage to important architectural, archaeological or<br />

l<strong>and</strong>scape features. In addition to the costs for immediate repairs, incidental costs arising<br />

from these repairs are also classed as eligible for support.<br />

The Commission had difficulty in assessing this case as this scheme was not able to<br />

distinguish between the various situations that may require support. For many <strong>of</strong> the projects<br />

supported under this scheme, the Commission agreed with the UK authorities that not all <strong>of</strong><br />

the conditions <strong>of</strong> Article 87(1) <strong>of</strong> the EC Treaty were fulfilled so state aid was not involved.<br />

However, there were some cases where the Commission could not exclude the fact that this<br />

support may advantage undertakings active in sectors in which there is trade between Member<br />

<strong>State</strong>s. Further investigation into this scheme led the Commission to note that the eligible<br />

projects are selected by using st<strong>and</strong>ards based on heritage conservation. As the aid awarded<br />

under this scheme is limited to covering the additional heritage related costs, the Commission<br />

found that such aid promotes heritage conservation without affecting trade <strong>and</strong> competition to<br />

an extent contrary to the common interest in the meaning <strong>of</strong> Article 87(3)(d) <strong>of</strong> the EC Treaty.<br />

Therefore, the Commission found the English Heritage Scheme to be compatible with Article<br />

87(3)(d) <strong>of</strong> the EC Treaty.<br />

For Further Information:<br />

Decision:<br />

http://ec.europa.eu/community_law/state_aids/comp-2000/nn114-00-corr.pdf<br />

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