The General Block Exemption and De Minimis Regulations

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The General Block Exemption Regulation

• Allows you to give aid without having to go through the approval process. Aid giver reviews GBER and puts in place processes to ensure compliance.

• Inform Commission within 20 days via SANI system

• In May 2014, Commission adopted new GBER. New rules will be in force from July 2014. http://ec.europa.eu/competition/state_aid/legislation/block.html#gber

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GBER: Main changes from July • Increased notification thresholds• Addition of new aid measures and broadening of

existing block exemption categories• Help with interpretation of GBER: Ability to submit

questions to Commission via BIS. Will be able to view questions from other MS and response.

BUT: • Light touch approval process required for evaluation

processes for larger schemes (>Euro150M)• Transparency requirements: national public register of

individual awards of aid

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Types of Aid Permitted Under GBER• Regional aid• SME aid• Access to finance for SMEs• Environmental protection• Consultancy and participation in trade fairs for SMEs• Risk capital• R&D&I• Training aid• Disadvantaged and disabled workers • Natural disasters• Social aid for transport for remote regions• Broadband• Culture and heritage• Sport and recreational infrastructure• Investment aid for local infrastructure

Main changes to Aid for access to finance for SMEs

• Block exemption of risk finance measures up to €15m to cover full development cycle (and no cap in Guidelines).

• Less prescriptive; concept of equity by destination to embrace wide range of aid instruments.

• More refined approach for aid to start-ups, covering loans guarantees and grants. Maximum grants amounts can be doubled for small and innovative enterprises.

• New ability to provide aid for alternative trading platfoms, and for scouting costs in relation to risk finance and start-up aid.

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NEW: Aid for infrastructure

• Broadband infrastructure• Sport & multifunctional recreation infrastructures• Local infrastructures

– Must have open access & transparency

– Some allow preferential access to private investors

– Aid amount cannot exceed ‘funding gap’

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Aid following natural disasters

• Covers the costs of making good the damage from natural disasters – Must be formally & officially recognised as a

natural disaster

– Must be a causal link between the disaster and the damage

– Can cover 100% of both material damage and loss of income (maximum of six months)

– Aid must be granted with in four years of the disaster

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Culture & heritage conservation

• Culture & heritage conservation– Can be investment or operating aid– Investment aid shall not exceed funding gap– Operating aid shall not exceed operating losses & a

reasonable profit

• Aid for audio-visual works– Aid to the production, pre-production and distribution of

audio-visual works– Can only be used for ‘cultural products’– Can tie production to a particular location

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De Minimis AidCommission Regulation 1407/2013• Aid of up to € 200,000 to one company over a 3

year period.• All de minimis aid over rolling 3 year period must

be cumulated. Aid giver responsible for checking and ensuring that ceiling is not breached.

• Recipient must be told that they are receiving de minimis aid and must declare this if offered de minimis aid in the future.

Other sources of support

• GBER text– http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?

uri=CELEX:32014R0651&from=EN

• De Minimis text:– http://ec.europa.eu/competition/state_aid/

legislation/de_minimis_regulation_en.pdf

• FAQ document expected very soon• Ability to ask questions directly – via UK state aid

unit - and get response within 15 working days

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