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Commission invites comments on draft amendments to State aid rules with respect to access to justice in environmental matters
This article is brought to you in association with the European Commission.
The European Commission has launched today a consultation inviting interested stakeholders to comment on its draft amendments to the State aid Implementing Regulation (EC) No794/2004 (‘draft Implementing Regulation’) and to the State aid Best Practices Code (‘amended BPC’) with respect to new rules on access to justice following the Aarhus Convention Compliance Committee’s findings in case ACCC/C/2015/128.
The draft Implementing Regulation and the amended BPC set out a new mechanism which allows members of the public to request a Commission review of certain State aid decisions to establish whether they contravene EU environmental law. In the amended BPC, the Commission sets out the arrangements for the internal review procedure, such as, who can request the review, which decisions can be subject to the review, and the applicable deadlines.
The Commission also takes the opportunity of this revision to update other procedural rules in accordance with the Commission’s established practice and the EU Court’s case law.
Interested stakeholders can respond to the consultation until 21 March 2025.
The proposals under consultation and all details about the consultation are available here.
Next steps
In addition to the consultation launched today, the draft amendments will be discussed in a meeting between the Commission and the Member States.
The adoption of the amended Implementing Regulation and BPC is planned for the second quarter of 2025. It will be accompanied by a Commission Staff Working Document assessing the scope, content and likely impacts of the new procedure.
Background
This consultation follows up on the 2021 findings of the Aarhus Convention Compliance Committee concluding that the EU is in breach of the Aarhus Convention, because the public cannot challenge State aid decisions adopted under Article 108(2) TFEU if these decisions allegedly breach EU environmental law. On 17 May 2023, the Commission adopted a Communication identifying options to follow up on the Aarhus Convention Compliance Committee’s findings with the aim of creating a new procedure. A call for evidence was launched by the Commission on 30 May 2024, followed by a Targeted Consultation open from 1 July 2024 to 6 September 2024.
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