The Commission has published guidance on when public spending falls within, and outside, the scope of EU State aid control. This guidance will help public authorities and companies to identify when public support measures can be granted without needing approval under EU State aid rules.
The Notion of Aid Notice is the last part of the Commission's State Aid Modernisation initiative, launched in 2012. As part of its State Aid Modernisation, the Commission has already updated all major State aid guidelines and simplified the rules so that unproblematic aid measures can be implemented without prior Commission scrutiny. The overall purpose is to provide legal certainty and cut red tape for public authorities and companies, and focus the Commission's resources on enforcing State aid rules in cases with the biggest impact on the Single Market.
The Notice will in particular facilitate public investment in the European Union by helping Member States and companies to design public funding in ways which do not distort competition. It gives clear guidance on when public investments do not involve State aid, notably because they do not risk distorting the level playing field in the Single Market or risk crowding out private investment. This will help maximise the effect of investments on economic growth and jobs, in line with the Commission's Investment Plan for Europe to mobilise at least €315 billion over three years in private and public investment across the EU.
Besides providing clarifications on a number of points particularly important for public investment, the Notice gives general guidance on all aspects of the definition of State aid. It does so by systematically summarising the case law of the EU courts and the Commission's decision-making practice.
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