VADEMECUM COMMUNITY RULES ON STATE AID - Interact

As a result of the modernisation process, a distinction needs to be made between two types of
aid measures:
• Aid measures that are exempted from the notification requirement
Individual aid measures or aid schemes that satisfy all the conditions laid down in one of the
block exemption regulations adopted by the Commission do not need to be notified to the
Commission. In the case of an aid measure that satisfies all the conditions of the SME-aid,
training aid, employment or regional aid Regulations, the Member State is instead required to
submit to the Commission a summary description of the aid measure within 20 working days
following the implementation of the measure. Where the aid measure satisfies all the
conditions laid down in the de minimis Regulation (see fact-sheet 1), there is not even a
requirement to submit such summary information (though Member States are obliged to
monitor such aid in line with the Regulation).
• Aid measures that are subject to the notification requirement
On 22.03.1999, the Council adopted Regulation (EC) 659/1999 (as later amended) 11 , which
sets out the procedural rules to be followed in the area of State aid. The Commission
Regulation (EC) No 794/2004 12 followed, implementing the above mentioned Council
Regulation. Below, a brief overview will be given of the rules applying to a normal
notification case:
• Notification:
It is the Member State concerned (central authorities), which must notify planned aid
measures, through their Permanent Representation. In order to speed up treatment, the
Commission has drawn up standard notification forms for most types of aid. A dedicated
software ("SANI") has been made available to Member States to facilitate and accelerate the
notification process.
Certain minor alterations to existing aid are subject to simplified system of notification and a
faster decision making procedure. Such simplified arrangements can only be accepted if the
Commission has been regularly informed on the implementation of the existing aid
concerned.
• Request for additional information:
If the notification is incomplete, the Commission will request further information. The
Member State concerned is usually given 20 days to supply this information.
11 Official Journal L83, 27.03.1999, p.1.
12 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, Official Journal L 140, 30.04.2004, p. 1-134.
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