The European Commission has today initiated a consultation to gather feedback from stakeholders on proposed changes to the State aid Implementing Regulation (EC) No 794/2004 (draft Implementing Regulation) and the State aid Best Practices Code (amended BPC) concerning access to justice as per the Aarhus Convention Compliance Committees findings in case ACCC/C/2015/128.
The revised Implementing Regulation and amended BPC introduce a mechanism allowing public members to request a Commission review of specific State aid decisions to assess potential contraventions of EU environmental law. The amended BPC details the internal review procedure, including eligibility, reviewable decisions, and deadlines.
The Commission also updates other procedural rules in line with established practices and EU Court case law.
Stakeholders can submit their feedback until 21 March 2025.
Details of the proposals and consultation are available here.
Next steps
A meeting between the Commission and Member States will discuss the draft amendments. Adoption of the amended Implementing Regulation and BPC is expected in the second quarter of 2025, accompanied by a Commission Staff Working Document assessing the procedures scope, content, and impacts.
Background
This consultation responds to the 2021 findings of the Aarhus Convention Compliance Committee, which concluded that the EU breaches the Aarhus Convention by not allowing public challenges to State aid decisions under Article 108(2) TFEU if these decisions allegedly breach EU environmental law. On 17 May 2023, the Commission adopted a Communication outlining options to address these findings, aiming to establish a new procedure. A call for evidence was launched on 30 May 2024, followed by a Targeted Consultation from 1 July 2024 to 6 September 2024.