Guidelines on State aid for climate, environmental protection and energy 2022

Summary:

Communication published by the European Commission on 27 January 2022, unveiling the revision of the Guidelines on State Aid for climate, environmental protection and energy (CEEAG).

Further information:

The CEEAG set the conditions under which State aid granted by Member States of the European Union (EU) in the field of climate, environmental protection and energy may be considered compatible with the Single Market. It also set out the criteria for the European Commission applies to assess support by Member States in these areas.

The revised guidelines replace another set of guidelines (EEAG 2014-2020). They involve an alignment with EU objectives and targets set out in the European Green Deal and with other regulatory changes in the energy and environmental areas, and cater for the increased importance of climate protection. They include sections on energy efficiency measures, aid for clean mobility, infrastructure, circular economy, pollution reduction, protection and restoration of biodiversity, as well as measures to ensure security of energy supply, subject to certain conditions. The provisions of the Guidelines are complemented by the General Block Exemption Regulation (GBER).

The College of Commissioners endorsed the revised guidelines on 21 December 2021, following an assessment of the rules as part of the State Aid fitness check, a public consultation and a study carried out by external consultants. The revised rules became applicable in January 2022. Member States are required to align existing schemes to the new rules as of 2024.

• Primary Source

Commentary and Analysis

European Environmental Bureau (EEB): Letter on State aid Guidelines on climate, environmental protection and energy 2022 (17 December 2021) https://eeb.org/library/letter-on-state-aid-guidelines-on-climate-environmental-protection-and-energy-2022/

ClientEarth: Press Release, 21/12/2021: New EU State aid rules greenlight public money for climate-damaging projects – ClientEarth reaction https://www.clientearth.org/latest/press-office/press/new-eu-state-aid-rules-greenlight-public-money-for-climate-damaging-projects-clientearth-reaction/

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News

EurActiv, 21/12/2021: Brussels sets out new green aid rules, with ‘pragmatic exceptions’ for gas https://www.euractiv.com/section/energy-environment/news/brussels-sets-out-new-green-aid-rules-with-pragmatic-exceptions-for-gas/

Bloomber, 21/12/2021: EU Loosens Anti-Subsidy Shackles to Help Fund Green Overhaul https://www.bloomberg.com/news/articles/2021-12-21/eu-loosens-anti-subsidy-shackles-to-help-fund-green-transition

EUObserver, 22/12/2021: EU updates rules to pump more state aid into green projects https://euobserver.com/climate/153890

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Official

EUR-LEX: C(2021)9817: Approval of the content of a draft for a Communication from the Commission on the Guidelines on State aid for climate, environmental protection and energy 2022 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=PI_COM:C(2021)9817

European Commission: Competition Policy: Legislation in the energy and environment sector https://ec.europa.eu/competition-policy/sectors/energy-and-environment/legislation_en

European Commission: Press Release, 21/12/2021: State aid: Commission endorses the new Guidelines on State aid for Climate, Environmental protection and Energy https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6982

European Commission: Q&A, 27/01/2022: Guidelines on State aid for climate, environmental protection and energy 2022 https://ec.europa.eu/commission/presscorner/detail/en/QANDA_22_566

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