EUROPA

SUMMARY

This regulation regards transparent regional investment aid schemes *, which constitute State aid within the meaning of Article 87(1) of the EC Treaty and are compatible with the internal marketwithin the meaning of Article 87(3) of the EC Treaty. It lays down the conditions for exemption from the notification of aid awarded under these schemes by the Member States (notification requirement of Article 88(3) of the EC Treaty).

Conditions for exemption

Aid for initial investment is compatible with the common market provided that:

• it is granted in regions eligible for regional aid, as determined in the regional aid map for the Member State concerned for the period 2007-2013;
• the aid intensity in present gross grant equivalent does not exceed the regional aid ceiling which is in force, as determined in the regional aid map for the Member State concerned for the period 2007-2013.

The following are compatible with the internal market and are not subject to prior notification to the Commission:

• transparent regional investment aid schemes *which constitute State aid within the meaning of Article 87(1) of the Treaty and meet the conditions laid down in this Regulation;
• individual aid that is not awarded on the basis of an aid scheme ('ad hoc' aid) which does not exceed 50 % of the total aid to be granted for the investment.

Scope

This Regulation does not apply to:

• the fisheries and aquaculture sector;
• the shipbuilding sector;
• the coal industry;
• the steel industry;
• the synthetic fibres sector;
• the production of agricultural productslisted in Annex I to the EC Treaty;
• aid for activities related to export towards third countries or Member States;
• aid contingent upon the use of domestic over imported goods.

Notification requirement

Aid which is not exempted from notification under this Regulation remains subject to prior notification to the Commission. This includes among others:

• non transparent aid;
• operating aid;
• regional schemes targeting specific sectors of economic activity within manufacturing or services;
• regional aid awarded for large investment projects on the basis of existing aid schemes (if the total amount of aid from all sources exceeds 75 % of the maximum amount of aid an investment with eligible expenditure of EUR 100 million could receive, applying the standard aid ceiling in force for large undertakings in the regional aid map on the date the aid is to be granted).