Alle lidstaten behalve Duitsland accepteren regels over regionale steun (en)
The European Commission has opened a formal investigation into all German regional aid schemes following Germany's refusal to accept the Commission's December 2005 guidelines on the application of EC Treaty state aid rules to national regional aid from 2007 onwards. Regional aid granted by Member States after 1 January 2007 must comply with the new rules, and Member States were invited to close regional aid schemes operating under the old rules by 31 December 2006, the expiry date of the previous guidelines. All Member States except Germany accepted the Commission's new guidelines which are in line with EU cohesion policy and European Council requests for less and better targeted state aid. The December 2005 guidelines re-focus regional aid on the most deprived regions of the enlarged Union, while allowing for the need to improve competitiveness and to provide for a smooth transition (see IP/05/1653 and MEMO/05/491 ).
Competition Commissioner Neelie Kroes said: "I am very pleased that 24 Member States accepted our proposal to end the application of their existing regional aid schemes by the end of this year, and to replace them by adjusted schemes as from 2007. I regret that Germany could not agree. By opening the formal investigation against Germany, the Commission has taken the first step to ensure that the same rules apply to firms in all Member States."
On the basis of Article 87(3) of the EC Treaty, state aid granted to promote the economic development of certain disadvantaged areas within the European Union may be considered compatible with the Single Market. In order to ensure the equal treatment of Member States and the transparency and predictability of its decisions, the Commission periodically establishes guidelines laying down the criteria for the assessment of such aid. The 1998 guidelines applicable to regional aid were replaced in December 2005 by a new set of rules, applicable for 2007-2013.
To ensure that all regional aid schemes are in accordance with the new guidelines, and to give Member States the opportunity to review their existing regional aid schemes, the Commission asked all Member States to phase out their existing schemes by 31 December 2006 and to adopt new schemes for 2007-2013.
The current regional aid guidelines from 1998 have been amended substantially by the new guidelines for the period 2007-2013, which corresponds to the programming period of the EU Structural Funds. The changes concern in particular the selection of the most disadvantaged regions and the maximum aid intensities that Member States can allow, the definition of eligible costs, the incentive effect, the rules on large investment projects, operating aid, cumulation and transparency.
24 Member States accepted the proposed measures. While accepting large parts of the new guidelines, Germany objects to the obligation to phase out all existing aid schemes, especially as regards guarantee schemes. It is essential that the new rules for regional aid are applied in all Member States after 31 December 2006. Therefore, the Commission has opened a formal investigation procedure against all German regional aid schemes with an expiry date after 31/12/06.
The Commission's guidelines bind only the Commission itself (in terms of how it interprets the state aid rules). To change Member States' existing aid schemes, the Commission has first to propose "appropriate measures" to the Member States. If the Member States accept the appropriate measures, they are bound by them. If they do not accept, the Commission must first open a formal investigation, which allows interested parties to comment, before it can adopt a decision requiring the Member State to comply with the proposals.