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Barbara BrandtnerHead of Unit, DG COMP H4Enforcement and Procedural Reform
State Aid Modernisation
Procedural Reform
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OBJECTIVES OF THE MODERNISATION
Support growth-enhancing objectives
SAM COMMUNICATION
Better-prioritised enforcement
Streamlined rules and faster decisions
PROCEDURAL REFORM
Focus on most significant cases
Simplify treatment of measures with little impact
Well substantiated decisions
Respect business-relevant timelines
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SCOPE OF THE PROCEDURAL REFORMWell substantiated
decisionsFocus on most
significant cases
Simplify treatment of measures with little
impact
Respect business-relevant timelines
COMPLAINTS-HANDLINGMARKET INFORMATION
TOOLS/SECTOR INQUIRIES
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HANDLING OF COMPLAINTS
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CURRENT SHORTCOMINGS
Duty of the Commission to investigate all complaints
irrespective of their significance
- High number of complaints/ Long duration- Insufficient focus on the most significant distortions
Very few requirements to put the Commission under the obligation to investigate complaints
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COMPLAINTS
COMPARE - Handling of infringement cases
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ADMISSIBILITY TESTS
• Kept as MARKET INFORMATION
• Could be used for EX-OFFICIO
OBJECTIVES
Improve the quality of complaints
Definition of the concept of complaints
NEW FILTERS
COMPULSORY COMPLAINTS FORM
(Form defined in the Implementing Regulation)
LEGITIMATE INTEREST TO ACT(Interested parties within meaning Art. 1(h) PR)
What happens with the information which does not
pass the admissibility tests ?
COMPLAINTS
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A TRANSPARENT AND FASTER PROCEDURE
Within 2 months : Priority settings
Decision no aid, compatible aid or opening
within 12 months
Preliminary assessment
No reply from the complainant
Decision on no aid, compatible aid or
opening
NEW GROUNDS FOR REJECTION OF COMPLAINTS
BY COLLEGE DECISION TO BE EXPLORED
COMPLAINT DEEMED
WITHDRAWN
Submission of complaints
Reply from the complainant
Non-priority complaints
Priority complaints
NEW
COMPLAINTS
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IMPACT
Reduction of workload for the Member States, the third parties and the Commission
Reduction of the number of complaints
Focus on significant distortions of competition
COMPLAINTS
Commission will keep exclusive competence to assess State aid
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MARKET INFORMATION TOOLS(MIT)
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WHY DO WE NEED MIT?
• Need information from the market to assess: the design and impact of a measure (e.g. crowding out) market benchmarks not available to MS (e.g. IRR, risk
profiling) the situation in other MS/projects subsidised or not
• Best Practices are not enough
NEED TIMELY, RELIABLE AND FACTUALLY
CORRECT INFORMATION FROM THE MARKET
MIT
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HOW WILL MIT BE USED?
FOR WHICH TYPE OF CASES ? Mostly in complex individual cases requiring an in-depth assessment to assess (for instance):
•normal market practice (e.g. State aid in guarantees/loans)
•market failures and /or incentive effect benchmarking
WHAT KIND OF INFORMATION ?
ONLY readily available information such as :
• factual market data and company data (e.g. market shares, profits)
• facts-based analysis (e.g. overcapacity, market growth rate)
MIT
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DESIGNAddressees: Any undertaking, association of undertakings or
other Member States
• Incorrect/ misleading answer• No obligation to reply
SanctionsTypes of requests
• Incorrect/ misleading/ incomplete answer
• Late answer
Simple requests
Commission decisions
• Sanctions for undertakings asked to reply• No sanctions for Member States and public
authorities given duty of sincere cooperation
MIT
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MIT
BILATERAL NATURE OF THE PROCEDURE MAINTAINED
• MS and the Commission will still be the only parties
• No creation of third party ‘rights’MEMBER STATES WILL BE DULY INVOLVED
• Member States will be informed of the scope and content
of the information requests
• Member States will have the right to comment on the
replies received
MIT AND THE ROLE OF MS
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MIT
MIT AFTER THE OPENING OF THE FORMAL INVESTIGATION
MS rights of defence guaranteed
Confidentiality ensured
Duration reduced
Workload limited
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• Reinforced horizontal information to better understand economic impact of State aid
Extended use of existing powers
Legal basis for sector inquiries (SI)
HOW TO COLLECT SECTORAL INFORMATION ?
• Could be useful in certain sectors such as airlines, railways, ports, risk capital
Rationale:
SI
SECTORAL INFORMATION
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• Initial market analysis using existing tools
• Solid indications of State aid issues in several MS needed
before launching a SI
• Publicly available information, not the scope of SI
• Sector inquiries = proportionate to market distortion
• Once a SI is launched, MIT will be used
SI
SECTOR INQUIRIES
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Reduce administrative burden for MS
More transparent, accurate and swift information flows
Better motivated decisions and equality of treatment
Share market information available with Member States
Reduce duration and free up resources
IMPACT
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Thank you for your attention !
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