02014R0651 — EN — 01.07.2023 — 006.

001 — 1

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►B COMMISSION REGULATION (EU) No 651/2014

of 17 June 2014
declaring certain categories of aid compatible with the internal market in application of
Articles 107 and 108 of the Treaty
(Text with EEA relevance)
(OJ L 187, 26.6.2014, p. 1)

Amended by:

Official Journal

No page date
►M1 Commission Regulation (EU) 2017/1084 of 14 June 2017 L 156 1 20.6.2017
►M2 Commission Regulation (EU) 2020/972 of 2 July 2020 L 215 3 7.7.2020
►M3 Commission Regulation (EU) 2021/452 of 15 March 2021 L 89 1 16.3.2021
►M4 Commission Regulation (EU) 2021/1237 of 23 July 2021 L 270 39 29.7.2021
►M5 Commission Regulation (EU) 2023/917 of 4 May 2023 L 119 159 5.5.2023
►M6 Commission Regulation (EU) 2023/1315 of 23 June 2023 L 167 1 30.6.2023

Corrected by:

►C1 Corrigendum, OJ L 26, 31.1.2018, p. 53 (2017/1084)

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COMMISSION REGULATION (EU) No 651/2014
of 17 June 2014
declaring certain categories of aid compatible with the internal
market in application of Articles 107 and 108 of the Treaty
(Text with EEA relevance)

TABLE OF CONTENTS

CHAPTER I: Common provisions

CHAPTER II: Monitoring

CHAPTER III: Specific provisions for different categories of aid

Section 1 — Regional aid

Section 2 — Aid to SMEs

Section 2a — Aid for European Territorial Cooperation

Section 3 — Aid for access to finance for SMEs

Section 4 — Aid for research and development and innovation

Section 5 — Training aid

Section 6 — Aid for disadvantaged workers and for workers with

disabilities

Section 7 — Aid for environmental protection

Section 8 — Aid to make good the damage caused by certain

natural disasters

Section 9 — Social aid for transport for residents of remote regions

Section 10 — Aid for broadband infrastructures

Section 11 — Aid for culture and heritage conservation

Section 12 — Aid for sport and multifunctional recreational infra­

structures

Section 13 — Aid for local infrastructures

Section 14 — Aid for regional airports

Section 15 — Aid for ports

Section 16 — Aid involved in financial products supported by the

InvestEU Fund

CHAPTER IV: Final Provisions

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CHAPTER I

COMMON PROVISIONS

Article 1
Scope

1. This Regulation shall apply to the following categories of aid:

(a) regional aid;

(b) aid to SMEs in the form of investment aid, operating aid and
SMEs' access to finance;

(c) aid for environmental protection;

(d) aid for research and development and innovation;

(e) training aid;

(f) recruitment and employment aid for disadvantaged workers and

workers with disabilities;

(g) aid to make good the damage caused by certain natural disasters;

(h) social aid for transport for residents of remote regions;

(i) aid for broadband infrastructures;

(j) aid for culture and heritage conservation;

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(k) aid for sport and multifunctional recreational infrastructure;

(l) aid for local infrastructures;

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(m) aid for regional airports;

(n) aid for ports;

(o) aid for European Territorial Cooperation projects; and

(p) aid involved in financial products supported by the InvestEU Fund.

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2. This Regulation shall not apply to:

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(a) schemes under Sections 1 (with the exception of Article 15), 2
(with the exception of Articles 19c and 19d), 3, 4, 7 (with the
exception of Article 44) and 10 of Chapter III of this Regulation, if
the average annual State aid budget per Member State exceeds
EUR 150 million, from 6 months after their entry into force, as
well as aid implemented in the form of financial products under
Section 16 of Chapter III, if the average annual State aid budget
per Member State exceeds EUR 200 million, from 6 months after
their entry into force. For aid under Section 16 of Chapter III of
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this Regulation, only contributions by a Member State to the
Member State compartment of the EU guarantee, referred to in
Article 9(1), point (b), of Regulation (EU) 2021/523 of the
European Parliament and of the Council (1), which are earmarked
for a specific financial product shall be taken into account for
assessing whether the average annual State aid budget of that
Member State related to the financial product exceeds EUR 200
million. The Commission may decide that this Regulation shall
continue to apply for a longer period to any of these aid
schemes after having assessed the relevant evaluation plan
notified by the Member State to the Commission, within 20
working days from the scheme’s entry into force. Where the
Commission has already extended the application of this Regu­
lation beyond the initial 6 months as regards such schemes,
Member States may decide to extend those schemes until the
end of the period of application of this Regulation, provided that
the Member State concerned has submitted an evaluation report in
line with the evaluation plan approved by the Commission;

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(b) any alterations of schemes referred to in Article 1(2)(a), other than
modifications which cannot affect the compatibility of the aid
scheme under this Regulation or cannot significantly affect the
content of the approved evaluation plan;

(c) aid to export-related activities towards third countries or Member

States, namely aid directly linked to the quantities exported, to the
establishment and operation of a distribution network or to other
current costs linked to the export activity;

(d) aid contingent upon the use of domestic over imported goods.

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3. This Regulation shall not apply to:

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(a) aid granted in the fishery and aquaculture sector, within the scope
of Regulation (EU) No 1379/2013 of the European Parliament and
of the Council (2) with the exception of:

— training aid;

— aid for SMEs’ access to finance;

— aid in the field of research and development;

(1) Regulation (EU) 2021/523 of the European Parliament and of the Council of
24 March 2021 establishing the InvestEU Programme and amending Regu­
lation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
(2) Regulation (EU) No 1379/2013 of the European Parliament and of the
Council on the common organisation of the markets in fishery and aqua­
culture products, amending Council Regulation (EC) No 1184/2006
and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000
(OJ L 354, 28.12.2013, p. 1).
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— innovation aid for SMEs;

— aid for disadvantaged workers and workers with disabilities;

— regional investment aid in outermost regions;

— regional operating aid schemes;

— aid for community-led local development (‘CLLD’) projects;

— aid to European Territorial Cooperation projects;

— as of 1 July 2023, aid in the form of reductions in environ­

mental taxes under Article 15(1), point (f), and Article 15(3) of
Council Directive 2003/96/EC (1);

— aid involved in financial products supported by the InvestEU

Fund, except for operations listed in Article 1(1) of
Commission Regulation (EU) No 717/2014 (2);

— for aid to microenterprises in the form of public interventions

concerning the supply of electricity, gas or heat referred to in
Article 19c;

— for aid to SMEs in the form of temporary public interventions

concerning the supply of electricity, gas or heat produced from
natural gas or electricity to mitigate the impact of price
increases following Russia’s war of aggression against
Ukraine referred to in Article 19d;

(b) aid granted in the primary agricultural production sector, with the
exception of regional investment aid in outermost regions, regional
operating aid schemes, aid for consultancy in favour of SMEs, risk
finance aid, aid for research and development, innovation aid for
SMEs, environmental aid, training aid, aid for disadvantaged
workers and workers with disabilities, aid to community-led local
development (CLLD) projects, aid to European Territorial Cooper­
ation projects, aid involved in financial products supported by the
InvestEU Fund, aid to microenterprises in the form of public inter­
ventions concerning the supply of electricity, gas or heat as
referred to in Article 19c and aid to SMEs in the form of
temporary public interventions concerning the supply of electricity,
gas or heat produced from natural gas or electricity to mitigate the
impact of price increases following Russia’s war of aggression
against Ukraine as referred to in Article 19d;

(1) Council Directive 2003/96/EC of 27 October 2003 restructuring the

Community framework for the taxation of energy products and electricity
(OJ L 283, 31.10.2003, p. 51).
(2) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the appli­
cation of Articles 107 and 108 of the Treaty on the Functioning of the
European Union to de minimis aid in the fishery and aquaculture sector
(OJ L 190, 28.6.2014, p. 45).
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(c) aid granted in the sector of processing and marketing of agri­
cultural products, in the following cases:

(i) where the amount of the aid is fixed on the basis of the price
or quantity of such products purchased from primary producers
or put on the market by the undertakings concerned;

(ii) where the aid is conditional on being partly or entirely passed

on to primary producers;

(d) aid to facilitate the closure of uncompetitive coal mines, as covered

by Council Decision 2010/787/EU (1);

(e) the categories of regional aid referred to in Article 13.

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Where an undertaking is active in the excluded sectors as referred to in
points (a), (b) or (c) of the first subparagraph and in sectors which fall
within the scope of this Regulation, this Regulation applies to aid
granted in respect of the latter sectors or activities, provided that
Member States ensure by appropriate means, such as separation of
activities or distinction of costs, that the activities in the excluded
sectors do not benefit from the aid granted in accordance with this
Regulation.

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4. This Regulation shall not apply to:

(a) aid schemes which do not explicitly exclude the payment of indi­
vidual aid in favour of an undertaking which is subject to an
outstanding recovery order following a previous Commission
decision declaring an aid granted by the same Member State
illegal and incompatible with the internal market, with the
exception of aid schemes to make good the damage caused by
certain natural disasters and aid schemes covered by Article 19b,
Section 2a as well as Section 16 of Chapter III;

(b) ad hoc aid in favour of an undertaking as referred to in point (a);

(c) aid to undertakings in difficulty, with the exception of aid schemes

to make good the damage caused by certain natural disasters,
start-up aid schemes, regional operating aid schemes, aid schemes
covered by Article 19b, aid to SMEs under Article 56f and aid to
financial intermediaries under Articles 16, 21, 22 and 39 as well as
Section 16 of Chapter III, provided undertakings in difficulty are
not treated more favourably than other undertakings. However, this
Regulation shall apply, by derogation, to undertakings which were
not in difficulty on 31 December 2019 but became undertakings in
difficulty during the period from 1 January 2020 to 31 December
2021.

(1) Council Decision 2010/787/EU of 10 December 2010 on State aid to

facilitate the closure of uncompetitive coal mines (OJ L 336, 21.12.2010,
p. 24).
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5. This Regulation shall not apply to State aid measures, which
entail, by themselves, by the conditions attached to them or by their
financing method a non-severable violation of Union law, in particular:

(a) aid measures where the grant of aid is subject to the obligation for
the beneficiary to have its headquarters in the relevant Member
State or to be predominantly established in that Member State;
However, the requirement to have an establishment or branch in
the aid granting Member State at the moment of payment of the
aid is allowed.

(b) aid measures where the grant of aid is subject to the obligation for
the beneficiary to use nationally produced goods or national
services;

(c) aid measures restricting the possibility for the beneficiaries to

exploit the research, development and innovation results in other
Member States.

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6. Chapter III, Section 7, of this Regulation shall not apply to State
aid measures for production of nuclear energy.

▼B

Article 2
Definitions

For the purposes of this Regulation the following definitions shall

apply:

(1) ‘aid’ means any measure fulfilling all the criteria laid down in
Article 107(1) of the Treaty;

(2) ‘small and medium-sized enterprises’ or ‘SMEs’ means under­

takings fulfilling the criteria laid down in Annex I;

(3) ‘worker with disabilities’ means any person who:

(a) is recognised as worker with disabilities under national

law; or

(b) has long-term physical, mental, intellectual or sensory

impairment(s) which, in interaction with various barriers,
may hinder their full and effective participation in a work
environment on an equal basis with other workers;

(4) ‘disadvantaged worker’ means any person who:

(a) has not been in regular paid employment for the previous 6
months; or

(b) is between 15 and 24 years of age; or

(c) has not attained an upper secondary educational or voca­

tional qualification (International Standard Classification of
Education 3) or is within two years after completing
full-time education and who has not previously obtained
his or her first regular paid employment; or

(d) is over the age of 50 years; or

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(e) lives as a single adult with one or more dependents; or

(f) works in a sector or profession in a Member State where

the gender imbalance is at least 25 % higher than the
average gender imbalance across all economic sectors in
that Member State, and belongs to that underrepresented
gender group; or

(g) is a member of an ethnic minority within a Member State

and who requires development of his or her linguistic,
vocational training or work experience profile to enhance
prospects of gaining access to stable employment;

(5) ‘transport’ means transport of passengers by aircraft, maritime

transport, road, rail, or by inland waterway or freight transport
services for hire or reward;

(6) ‘transport costs’ means the costs of transport for hire or reward
actually paid by the beneficiaries per journey, comprising:

(a) freight charges, handling costs and temporary stocking

costs, in so far as these costs relate to the journey;

(b) insurance costs applied to the cargo;

(c) taxes, duties or levies applied to the cargo and, if

applicable, to the deadweight, both at point of origin and
point of destination; and

(d) safety and security control costs, surcharges for increased

fuel costs;

(7) ‘remote regions’ means outermost regions, Malta, Cyprus,

Ceuta and Melilla, islands which are part of the territory of a
Member State and sparsely populated areas;

(8) ‘marketing of agricultural products’ means holding or display

with a view to sale, offering for sale, delivery or any other
manner of placing on the market, except the first sale by a
primary producer to resellers or processors and any activity
preparing a product for such first sale; a sale by a primary
producer to final consumers shall be considered to be
marketing if it takes place in separate premises reserved for
that purpose;

(9) ‘primary agricultural production’ means production of products

of the soil and of stock farming, listed in Annex I to the
Treaty, without performing any further operation changing
the nature of such products;
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(10) ‘processing of agricultural products’ means any operation on an
agricultural product resulting in a product which is also an
agricultural product, except on-farm activities necessary for
preparing an animal or plant product for the first sale;

(11) ‘agricultural product’ means the products listed in Annex I to

the Treaty, except fishery and aquaculture products listed in
Annex I to Regulation (EU) No 1379/2013 of the European
Parliament and of the Council of 11 December 2013;

(12) ‘outermost regions’ means regions as defined in Article 349 of

the Treaty. In accordance with European Council Decision
2010/718/EU, from 1 January 2012, Saint-Barthélemy ceased
to be an outermost region. In accordance with European
Council Decision 2012/419/EU on 1 January 2014, Mayotte
became an outermost region;

(13) ‘coal’ means high-grade, medium-grade and low-grade

category A and B coal within the meaning of the international
codification system for coal established by the United Nations
Economic Commission for Europe and clarified in the Council
decision of 10 December 2010 on State aid to facilitate the
closure of uncompetitive coal mines (1);

(14) ‘individual aid’ means:

(i) ad hoc aid; and

(ii) awards of aid to individual beneficiaries on the basis of an

aid scheme;

(15) ‘aid scheme’ means any act on the basis of which, without
further implementing measures being required, individual aid
awards may be made to undertakings defined within the act in
a general and abstract manner and any act on the basis of
which aid which is not linked to a specific project may be
granted to one or several undertakings for an indefinite
period of time and/or for an indefinite amount;

(16) ‘evaluation plan’ means a document containing at least the

following minimum elements: the objectives of the aid
scheme to be evaluated, the evaluation questions, the result
indicators, the envisaged methodology to conduct the
evaluation, the data collection requirements, the proposed
timing of the evaluation including the date of submission of
the final evaluation report, the description of the independent
body conducting the evaluation or the criteria that will be used
for its selection and the modalities for ensuring the publicity of
the evaluation;

(17) ‘ad hoc aid’ means aid not granted on the basis of an aid
scheme;

(1) OJ L 336, 21.12.2010, p. 24.

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(18) ‘undertaking in difficulty’ means an undertaking in respect of
which at least one of the following circumstances occurs:

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(a) In the case of a limited liability company (other than an
SME that has been in existence for less than 3 years or,
for the purposes of eligibility for risk finance aid, an SME
that fulfils the condition in Article 21(3), point (b), and
qualifies for risk finance investments following due
diligence by the selected financial intermediary), where
more than half of its subscribed share capital has disap­
peared as a result of accumulated losses. This is the case
when deduction of accumulated losses from reserves (and
all other elements generally considered as part of the own
funds of the company) leads to a negative cumulative
amount that exceeds half of the subscribed share capital.
For the purposes of this provision, ‘limited liability
company’ refers in particular to the types of company
mentioned in Annex I to Directive 2013/34/EU of the
European Parliament and of the Council (1) and ‘share
capital’ includes, where relevant, any share premium.

(b) In the case of a company where at least some of its

members have unlimited liability for the debt of the
company (other than an SME that has been in existence
for less than 3 years or, for the purposes of eligibility for
risk finance aid, an SME that fulfils the condition in
Article 21(3), point (b), and qualifies for risk finance
investments following due diligence by the selected
financial intermediary), where more than half of its
capital as shown in the company accounts has disappeared
as a result of accumulated losses. For the purposes of this
provision, ‘a company where at least some of its members
have unlimited liability for the debt of the company’
refers in particular to the types of company mentioned
in Annex II to Directive 2013/34/EU.

▼B
(c) Where the undertaking is subject to collective insolvency
proceedings or fulfils the criteria under its domestic law
for being placed in collective insolvency proceedings at
the request of its creditors.

(d) Where the undertaking has received rescue aid and has
not yet reimbursed the loan or terminated the guarantee,
or has received restructuring aid and is still subject to a
restructuring plan.

(e) In the case of an undertaking that is not an SME, where,

for the past two years:

(1) the undertaking's book debt to equity ratio has been

greater than 7,5 and

(1) Directive 2013/34/EU of the European Parliament and of the Council of

26 June 2013 on the annual financial statements, consolidated financial
statements and related reports of certain types of undertakings, amending
Directive 2006/43/EC of the European Parliament and of the Council and
repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182,
29.6.2013, p. 19).
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(2) the undertaking's EBITDA interest coverage ratio has
been below 1,0.

(19) ‘territorial spending obligations’: mean the obligations imposed

by the authority granting the aid on beneficiaries to spend a
minimum amount and/or conduct a minimum level of
production activity in a particular territory;

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(20) ‘adjusted aid amount’ means the maximum permissible aid
amount for a large investment project, calculated in accordance
with the following formula:

adjusted aid amount = R × (A + 0.50 × B + 0 × C)

where: R is the maximum aid intensity applicable in the area

concerned, excluding the increased aid intensity for SMEs; A is
the part of eligible costs equal to EUR 55 million; B is the part
of eligible costs between EUR 55 million and EUR 110
million, and C is the part of eligible costs above EUR 110
million;

▼B
(21) ‘repayable advance’ means a loan for a project which is paid in
one or more instalments and the conditions for the reim­
bursement of which depend on the outcome of the project;

(22) ‘gross grant equivalent’ means the amount of the aid if it had
been provided in the form of a grant to the beneficiary, before
any deduction of tax or other charge;

(23) ‘start of works’ means the earlier of either the start of

construction works relating to the investment, or the first
legally binding commitment to order equipment or any other
commitment that makes the investment irreversible. Buying
land and preparatory works such as obtaining permits and
conducting feasibility studies are not considered start of
works. For take-overs, ‘start of works’ means the moment of
acquiring the assets directly linked to the acquired
establishment;

(24) ‘large enterprises’ means undertakings not fulfilling the criteria

laid down in Annex I;

(25) ‘fiscal successor scheme’ means a scheme in the form of tax

advantages which constitutes an amended version of a
previously existing scheme in the form of tax advantages and
which replaces it.

(26) ‘aid intensity’ means the gross aid amount expressed as a

percentage of the eligible costs, before any deduction of tax
or other charge;

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(27) ‘assisted areas’ means areas designated in a regional aid map
that has been approved in application of Article 107(3), points
(a) and (c) of the Treaty and is in force at the time of the award
of the aid;
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(28) ‘date of granting of the aid’ means the date when the legal
right to receive the aid is conferred on the beneficiary under the
applicable national legal regime;

(29) ‘tangible assets’ means assets consisting of land, buildings and

plant, machinery and equipment;

(30) ‘intangible assets’ means assets that do not have a physical or

financial embodiment such as patents, licences, know-how or
other intellectual property;

(31) ‘wage cost’ means the total amount actually payable by the
beneficiary of the aid in respect of the employment concerned,
comprising over a defined period of time the gross wage before
tax and compulsory contributions such as social security, child
care and parent care costs;

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(32) ‘net increase in the number of employees’ means a net increase
in the number of employees in the establishment concerned
compared to the average over a given period in time, after
deducting from the number of jobs created any job losses
during that period. The number of persons employed
full-time, part-time and seasonal has to be considered with
their annual labour unit fractions;

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(33) ‘dedicated infrastructure’ means infrastructure that is built for
ex-ante identifiable undertaking(s) and tailored to their needs.

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(34) ‘financial intermediary’ means any financial institution
regardless of its form and ownership, including funds of
funds, private investment funds, public investment funds,
banks, micro-finance institutions and guarantee societies;

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(35) ‘journey’ means the movement of goods from the point of
origin to the point of destination, including any intermediary
sections or stages within or outside the Member State
concerned, made using one or more means of transport;

(36) ‘fair rate of return (FRR)’ means the expected rate of return
equivalent to a risk-adjusted discount rate which reflects the
level of risk of a project and the nature and level of capital the
private investors plan to invest;

(37) ‘total financing’ means the overall investment amount made

into an eligible undertaking or project under Section 3 or
under Articles 16 or 39 of this Regulation to the exclusion
of entirely private investments provided on market terms and
outside the scope of the relevant State aid measure;
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(38) ‘competitive bidding process’ means a non-discriminatory
bidding process that provides for the participation of a
sufficient number of undertakings and where the aid is
granted on the basis of either the initial bid submitted by the
bidder or a clearing price. In addition, the budget or volume
related to the bidding process is a binding constraint leading to
a situation where not all bidders can receive aid;

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(39) ‘operating profit’ means the difference between the discounted
revenues and the discounted operating costs over the economic
lifetime of the investment, where this difference is positive.
The operating costs include costs such as personnel costs,
materials, contracted services, communications, energy, main­
tenance, rent, administration, but exclude depreciation charges
and the costs of financing if these have been covered by
investment aid. Discounting revenues and operating costs
using an appropriate discount rate allows a reasonable profit
to be made ;

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(39a) ‘arm's length’ means that the conditions of the transaction
between the contracting parties do not differ from those
which would be stipulated between independent undertakings
and contain no element of collusion. Any transaction that
results from an open, transparent and non-discriminatory
procedure is considered as meeting the arm's length principle;

(39b) ‘written’ means any form of written document, including elec­

tronic documents, provided that such electronic documents are
recognised as equivalent under the applicable administrative
procedures and legislation in the Member State concerned.

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Definitions applying to regional aid
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__________

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(41) ‘regional investment aid’ means regional aid granted for an
initial investment or an initial investment in favour of a new
economic activity;

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(42) ‘regional operating aid’ means aid to reduce an undertaking's
current expenditure, including categories such as personnel
costs, materials, contracted services, communications, energy,
maintenance, rent, administration, but excluding depreciation
charges and the costs of financing related to an investment
that benefited from investment aid;

(43) ‘steel sector’ means the production of one or more of the

following:

(a) pig iron and ferro-alloys:

pig iron for steelmaking, foundry and other pig iron,

spiegeleisen and high-carbon ferro-manganese, not
including other ferro-alloys;
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(b) crude and semi-finished products of iron, ordinary steel or
special steel:

liquid steel cast or not cast into ingots, including ingots for
forging semi-finished products: blooms, billets and slabs;
sheet bars and tinplate bars; hot-rolled wide coils, with the
exception of production of liquid steel for castings from
small and medium-sized foundries;

(c) hot finished products of iron, ordinary steel or special steel:

rails, sleepers, fishplates, soleplates, joists, heavy sections

of 80 mm and over, sheet piling, bars and sections of less
than 80 mm and flats of less than 150 mm, wire rod, tube
rounds and squares, hot-rolled hoop and strip (including
tube strip), hot-rolled sheet (coated or uncoated), plates
and sheets of 3 mm thickness and over, universal plates
of 150 mm and over, with the exception of wire and wire
products, bright bars and iron castings;

(d) cold finished products:

tinplate, terneplate, blackplate, galvanised sheets, other

coated sheets, cold-rolled sheets, electrical sheets and
strip for tinplate, cold-rolled plate, in coil and in strip;

(e) tubes:

all seamless steel tubes, welded steel tubes with a diameter

of over 406.4 mm;

(43a) ‘lignite’ means low-rank C or ortho-lignite and low-rank B or

meta-lignite as defined by the international codification system
for coal established by the United Nations Economic
Commission for Europe;

__________

(45) ‘transport sector’ means the transport of passengers by aircraft,

maritime transport, road or rail and by inland waterway or
freight transport services for hire or reward; more specifically,
the ‘transport sector’ means the following activities in terms of
the statistical classification of economic activities (NACE Rev.
2), established by Regulation (EC) No 1893/2006 of the
European Parliament and of the Council (1):

(1) Regulation (EC) No 1893/2006 of the European Parliament and of the

Council of 20 December 2006 establishing the statistical classification of
economic activities NACE Revision 2 and amending Council
Regulation (EEC) No 3037/90 as well as certain EC Regulations on
specific statistical domains (OJ L 393, 30.12.2006, p. 1).
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(a) NACE 49: Land transport and transport via pipelines,
excluding NACE 49.32 Taxi operation, 49.39 Operation
of teleferics, funiculars, ski and cable lifts if not part of
urban or suburban transit systems, 49.42 Removal services,
49.5 Transport via pipeline;

(b) NACE 50: Water transport;

(c) NACE 51: Air transport, excluding NACE 51.22 Space

transport;

▼B
(46) ‘scheme targeted at a limited number of specific sectors of
economic activity’ means a scheme which covers
activities falling within the scope of less than five classes
(four-digit numerical code) of the NACE Rev. 2 statistical
classification.

(47) ‘tourism activity’ means the following activities in terms of

NACE Rev. 2:

(a) NACE 55:Accommodation;

(b) NACE 56: Food and beverage service activities;

(c) NACE 79: Travel agency, tour operator reservation service

and related activities;

(d) NACE 90: Creative, arts and entertainment activities;

(e) NACE 91: Libraries, archives, museums and other cultural

activities;

(f) NACE 93: Sports activities and amusement and recreation

activities;

▼M6
(47a) ‘completion of the investment’ means the moment when the
investment is considered by the national authorities as
completed or, in the absence thereof, 3 years after the start
of works;

▼M1
(48) ‘sparsely populated areas’ means NUTS 2 regions with less
than 8 inhabitants per km2 or NUTS 3 regions with less than
12,5 inhabitants per km2 or areas which are recognized by the
Commission as such in an individual decision on a regional aid
map in force at the time the aid is granted;

(48a) ‘very sparsely populated areas’ means NUTS 2 regions with

less than 8 inhabitants per km2 or areas which are recognized
by the Commission as such in an individual decision on a
regional aid map in force at the time the aid is granted;

▼M6
(49) ‘initial investment’ means one of the following:

(a) an investment in tangible and intangible assets related to

one or more of the following:
 02014R0651 — EN — 01.07.2023 — 006.001 — 16

▼M6
— the setting-up of a new establishment;

— the extension of the capacity of an existing

establishment;

— the diversification of the output of an establishment

into products or services not previously produced in
the establishment; or

— a fundamental change in the overall production process

of the product(s) or the overall provision of the
service(s) concerned by the investment in the
establishment;

(b) an acquisition of assets belonging to an establishment that

has closed or would have closed had it not been purchased.
The sole acquisition of the shares of an undertaking does
not qualify as initial investment.

A replacement investment thus does not constitute an

initial investment.

(50) ‘same or a similar activity’ means an activity in the same class

(four-digit numerical code) of the NACE Rev. 2 statistical
classification of economic activities (NACE Rev. 2);

(51) ‘initial investment that creates a new economic activity’ means:

(a) an investment in tangible and intangible assets related to

one or both of the following:

— the setting up of a new establishment;

— the diversification of the activity of an establishment,

provided that the new activity is not the same or a
similar activity to the activity previously performed in
the establishment; or

(b) an acquisition of assets belonging to an establishment that

has closed or would have closed had it not been purchased,
provided that the new activity to be carried out using the
acquired assets is not the same or a similar activity than the
one carried out in the establishment before the acquisition.

Sole acquisition of the shares of an undertaking does not

qualify as initial investment that creates a new economic
activity;

▼B
(52) ‘large investment project’ means an initial investment with
eligible costs exceeding EUR 50 million, calculated at prices
and exchange rates on the date of granting the aid;

(53) ‘point of destination’ means the place where the goods are
unloaded;

(54) ‘point of origin’ means the place where the goods are loaded
for transport;

▼M1
(55) ‘areas eligible for operating aid’ means an outermost region
referred to in Article 349 of the Treaty, a sparsely populated
area or a very sparsely populated area;
 02014R0651 — EN — 01.07.2023 — 006.001 — 17

▼B
(56) ‘means of transport’ means rail transport, road freight transport,
inland waterway transport, maritime transport, air transport, and
intermodal transport;

(57) ‘urban development fund’ (‘UDF’) means a specialised

investment vehicle set up for the purpose of investing in
urban development projects under an urban development aid
measure. UDFs are managed by an urban development fund
manager;

(58) ‘urban development fund manager’ means a professional

management company with legal personality, selecting and
making investments in eligible urban development projects;

(59) ‘urban development project’ (‘UDP’) means an investment

project that has the potential to support the implementation
of interventions envisaged by an integrated approach to
sustainable urban development and contribute to achieving of
the objectives defined therein, including projects with an
internal rate of return which may not be sufficient to attract
financing on a purely commercial basis. An urban development
project may be organised as a separate block of finance within
the legal structures of the beneficiary private investor or as a
separate legal entity, e.g. a special purpose vehicle;

(60) ‘integrated sustainable urban development strategy’ means a

strategy officially proposed and certified by a relevant local
authority or public sector agency, defined for a specific
urban geographic area and period, that set out integrated
actions to tackle the economic, environmental, climate, demo­
graphic and social challenges affecting urban areas;

(61) ‘in-kind contribution’ means the contribution of land or real

estate where the land or real estate forms part of the urban
development project;

▼M1
(61a) ‘relocation’ means a transfer of the same or similar activity or
part thereof from an establishment in one contracting party to
the EEA Agreement (initial establishment) to the establishment
in which the aided investment takes place in another
contracting party to the EEA Agreement (aided establishment).
There is a transfer if the product or service in the initial and in
the aided establishments serves at least partly the same
purposes and meets the demands or needs of the same type
of customers and jobs are lost in the same or similar activity in
one of the initial establishments of the beneficiary in the EEA;

▼B
Definitions for Aid to SMEs
(62) ‘employment directly created by an investment project’ means
employment concerning the activity to which the investment
relates, including employment created following an increase in
the utilisation rate of the capacity created by the investment;
 02014R0651 — EN — 01.07.2023 — 006.001 — 18

▼M4
__________

▼B
Definitions for Aid for access to finance for SMEs
(66) ‘quasi-equity investment’ means a type of financing that ranks
between equity and debt, having a higher risk than senior debt
and a lower risk than common equity and whose return for the
holder is predominantly based on the profits or losses of the
underlying target undertaking and which are unsecured in the
event of default. Quasi-equity investments can be structured as
debt, unsecured and subordinated, including mezzanine debt,
and in some cases convertible into equity, or as preferred
equity;

(67) ‘guarantee’ in the context of sections 1, 3 and 7 of the Regu­

lation means a written commitment to assume responsibility for
all or part of a third party's newly originated loan transactions
such as debt or lease instruments, as well as quasi-equity
instruments.;

(68) ‘guarantee rate’ means the percentage of loss coverage by a

public investor of each and every transaction eligible under the
relevant State aid measure;

(69) ‘exit’ means the liquidation of holdings by a financial inter­

mediary or investor, including trade sale, write-offs, repayment
of shares/loans, sale to another financial intermediary or
another investor, sale to a financial institution and sale by
public offering, including an initial public offering (IPO);

(70) ‘financial endowment’ means a repayable public investment

made to a financial intermediary for the purposes of making
investments under a risk finance measure, and where all the
proceeds shall be returned to the public investor;

(71) ‘risk finance investment’ means equity and quasi-equity

investments, loans including leases, guarantees, or a mix
thereof to eligible undertakings for the purposes of making
new investments;

▼M6
(72) ‘independent private investor’ means an investor who is private
and independent, as defined in this point. ‘Private’ investors
mean investors who, irrespective of their ownership structure,
pursue a purely commercial interest, use their own resources
and bear the full risk in respect of their investment, and
include, in particular: credit institutions investing at own risk
and from own resources, private endowments and foundations,
family offices and business angels, corporate investors,
insurance undertakings, pension funds, academic institutions,
as well as natural persons who either conduct an economic
activity or not. The European Investment Bank, the European
Investment Fund, an international financial institution in which
 02014R0651 — EN — 01.07.2023 — 006.001 — 19

▼M6
a Member State is a shareholder, or a legal entity that carries
out financial activities on a professional basis which has been
given a mandate by a Member State or a Member State’s entity
at central, regional or local level to carry out development or
promotional activities (national promotional bank or another
promotional institution), will not be considered private
investors for the purposes of this definition. ‘Independent’
investor means an investor that is not a shareholder of the
eligible undertaking in which it invests. In the context of
follow-on investments, an investor remains ‘independent’ if it
was considered as an independent investor in a previous
investment round. Upon the creation of a new company, any
private investors, including the founders, of such new
company, are considered to be independent from that company;

(73) ‘natural person’ for the purpose of Articles 21a and 23 means a
person other than a legal entity and who is not an undertaking
for the purposes of Article 107(1) of the Treaty;

▼B
(74) ‘equity investment’ means the provision of capital to an under­
taking, invested directly or indirectly in return for the
ownership of a corresponding share of that undertaking;

(75) ‘first commercial sale’ means the first sale by a company on a

product or service market, excluding limited sales to test the
market;

(76) ‘unlisted SME’ means an SME which is not listed on the

official list of a stock exchange, except for alternative trading
platforms.

(77) ‘follow-on investment’ means additional risk finance

investment in a company subsequent to one or more previous
risk finance investment rounds;

(78) ‘replacement capital’ means the purchase of existing shares in a

company from an earlier investor or shareholder;

▼M6
(79) ‘entrusted entity’ means the European Investment Bank and the
European Investment Fund, an international financial institution
in which a Member State is a shareholder, or a legal entity that
carries out financial activities on a professional basis which has
been given mandate by a Member State or a Member State’s
entity at central, regional or local level to carry out develop­
ment or promotional activities (a promotional bank or another
promotional institution). The entrusted entity can be selected or
directly appointed in accordance with the provisions of
Directive 2014/24/EU of the European Parliament and of the
Council (1) or in accordance with Article 38(4), point (b)(iii), of

(1) Directive 2014/24/EU of the European Parliament and of the Council of

26 February 2014 on public procurement and repealing Directive 2004/18/EC
(OJ L 94, 28.3.2014, p. 65).
 02014R0651 — EN — 01.07.2023 — 006.001 — 20

▼M6
Regulation (EU) No 1303/2013 of the European Parliament
and of the Council (1) or Article 59(3) of Regu­
lation (EU) 2021/1060 of the European Parliament and of the
Council (2), whichever is applicable;

(80) ‘innovative enterprise’ means an enterprise that meets one of

the following conditions:

(a) it can demonstrate, by means of an evaluation carried out

by an external expert, that it will in the foreseeable future
develop products, services or processes which are new or
substantially improved compared to the state of the art in
its industry, and which carry a risk of technological or
industrial failure;

(b) its research and development costs represent at least 10 %

of its total operating costs in at least one of the 3 years
preceding the granting of the aid or, in the case of a start-
up enterprise without any financial history, in the audit of
its current fiscal period, as certified by an external auditor;

(c) in the 3 years preceding the granting of the aid: (i) it has been
awarded a Seal of Excellence quality label by the European
Innovation Council in accordance with the Horizon 2020
work programme 2018-2020 adopted by Commission Imple­
menting Decision C(2017)7124 (3) or with Article 2(23) and

(1) Regulation (EU) No 1303/2013 of the European Parliament and of the

Council laying down common provisions on the European Regional Devel­
opment Fund, the European Social Fund, the Cohesion Fund, the European
Agricultural Fund for Rural Development and the European Maritime and
Fisheries Fund and laying down general provisions on the European Regional
Development Fund, the European Social Fund, the Cohesion Fund and the
European Maritime and Fisheries Fund and repealing Council
Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
(2) Regulation (EU) 2021/1060 of the European Parliament and of the Council of
24 June 2021 laying down common provisions on the European Regional
Development Fund, the European Social Fund Plus, the Cohesion Fund, the
Just Transition Fund and the European Maritime, Fisheries and Aquaculture
Fund and financial rules for those and for the Asylum, Migration and Inte­
gration Fund, the Internal Security Fund and the Instrument for Financial
Support for Border Management and Visa Policy (OJ L 231, 30.6.2021,
p. 159).
(3) Commission Implementing Decision C(2017)7124 of 27 October 2017 on the
adoption of the work programme for 2018-2020 within the framework of the
Specific Programme Implementing Horizon 2020 – the Framework
Programme for Research and Innovation (2014-2020) and on the financing
of the work programme for 2018.
 02014R0651 — EN — 01.07.2023 — 006.001 — 21

▼M6
Article15(2) of Regulation (EU) 2021/695 of the European
Parliament and of the Council (1); or (ii) it has received an
investment by the European Innovation Council Fund, such
as an investment in the context of the Accelerator Programme
as referred to in Article 48(7) of Regulation (EU) 2021/695;

(d) in the 3 years preceding the granting of the aid: (i) it has
participated in any action of the Commission’s space
initiative ‘CASSINI’ (such as the Business Accelerator or
the Matchmaking) (2); or (ii) it has received investment
from the CASSINI Seed and Growth Funding Facility, or
the InnovFin Space Equity Pilot; or (iii) it has been
awarded a CASSINI Prize; or (iv) it has been granted
funding in accordance with Regulation (EU) 2021/695 in
the space research area resulting in the creation of a start-
up; (v) or has been granted funding as a beneficiary of a
research and development action under the European
Defence Fund in accordance with Regulation (EU) 2021/697
of the European Parliament and of the Council (3); or (vi)
has been granted funding under the European Defence
Industrial Development Programme in accordance with
Regulation (EU) 2018/1092 of the European Parliament
and of the Council (4);

(81) ‘alternative trading platform’ means a multilateral trading

facility as defined in Article 4(1), point (22) of
Directive 2014/65/EU of the European Parliament and of the
Council (5) where at least 50 % of the financial instruments
admitted to trading are issued by SMEs;

▼B
(82) ‘loan’ means an agreement which obliges the lender to make
available to the borrower an agreed amount of money for an
agreed period of time and under which the borrower is obliged
to repay the amount within the agreed period. It may take the

(1) Regulation (EU) 2021/695 of the European Parliament and of the Council of
28 April 2021 establishing Horizon Europe – the Framework Programme for
Research and Innovation, laying down its rules for participation and dissemi­
nation, and repealing Regulations (EU) No 1290/2013 and (EU)
No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
(2) The CASSINI initiative, first announced in the ‘SME Strategy for a
sustainable and digital Europe’ (COM(2020) 103 final of 10.3.2020), is a
collection of concrete actions whose aims include easing access to risk capital
for SMEs active in the space sector to fund their expansion.
(3) Regulation (EU) 2021/697 of the European Parliament and of the Council of
29 April 2021 establishing the European Defence Fund and repealing Regu­
lation (EU) 2018/1092 (OJ L 170, 12.5.2021, p. 149);
(4) Regulation (EU) 2018/1092 of the European Parliament and of the Council of
18 July 2018 establishing the European Defence Industrial Development
Programme aiming at supporting the competitiveness and innovation
capacity of the Union's defence industry (OJ L 200, 7.8.2018, p. 30).
(5) Directive 2014/65/EU of the European Parliament and of the Council of
15 May 2014 on markets in financial instruments and amending
Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014,
p. 349).
 02014R0651 — EN — 01.07.2023 — 006.001 — 22

▼B
form of a loan, or another funding instrument, including a
lease, which provides the lender with a predominant
component of minimum yield. The refinancing of existing
loans shall not be an eligible loan.

Definitions for Aid for research and development and inno­

vation
(83) ‘research and knowledge-dissemination organisation’ means an
entity (such as universities or research institutes, technology
transfer agencies, innovation intermediaries, research-oriented
physical or virtual collaborative entities), irrespective of its
legal status (organised under public or private law) or way of
financing, whose primary goal is to independently conduct
fundamental research, industrial research or experimental devel­
opment or to widely disseminate the results of such activities
by way of teaching, publication or knowledge transfer. Where
such entity also pursues economic activities the financing, the
costs and the revenues of those economic activities must be
accounted for separately. Undertakings that can exert a decisive
influence upon such an entity, in the quality of, for example,
shareholders or members, may not enjoy preferential access to
the results generated by it;

(84) ‘fundamental research’ means experimental or theoretical work

undertaken primarily to acquire new knowledge of the
underlying foundations of phenomena and observable facts,
without any direct commercial application or use in view;

▼M6
(85) ‘industrial research’ means the planned research or critical
investigation aimed at the acquisition of new knowledge and
skills for developing new products, processes or services or
aimed at bringing about a significant improvement in existing
products, processes or services, including digital products,
processes or services, in any area, technology, industry or
sector (including, but not limited to, digital industries and tech­
nologies, such as super-computing, quantum technologies,
block chain technologies, artificial intelligence, cyber security,
big data and cloud technologies).

Industrial research comprises the creation of components parts

of complex systems, and may include the construction of
prototypes in a laboratory environment or in an environment
with simulated interfaces to existing systems as well as of pilot
lines, when necessary for the industrial research and notably for
generic technology validation;

(86) ‘experimental development’ means acquiring, combining,

shaping and using existing scientific, technological, business
and other relevant knowledge and skills with the aim of
developing new or improved products, processes or services,
including digital products, processes or services, in any area,
technology, industry or sector (including, but not limited to,
digital industries and technologies, such as for example
super-computing, quantum technologies, block chain tech­
nologies, artificial intelligence, cyber security, big data and
 02014R0651 — EN — 01.07.2023 — 006.001 — 23

▼M6
cloud or edge technologies). This may also encompass, for
example, activities aiming at the conceptual definition,
planning and documentation of new products, processes or
services.

Experimental development may comprise prototyping, demon­

strating, piloting, testing and validation of new or improved
products, processes or services in environments representative
of real life operating conditions where the primary objective is
to make further technical improvements on products, processes
or services that are not substantially set. This may include the
development of a commercially usable prototype or pilot which
is necessarily the final commercial product and which is too
expensive to produce for it to be used only for demonstration
and validation purposes.

Experimental development does not include routine or periodic

changes made to existing products, production lines, manufac­
turing processes, services and other operations in progress,
even if those changes may represent improvements;

▼B
(87) ‘feasibility study’ means the evaluation and analysis of the
potential of a project, which aims at supporting the process
of decision-making by objectively and rationally uncovering
its strengths and weaknesses, opportunities and threats, as
well as identifying the resources required to carry it through
and ultimately its prospects for success;

(88) ‘personnel costs’ means the costs of researchers, technicians

and other supporting staff to the extent employed on the
relevant project or activity;

▼M6
__________

▼B
(90) ‘effective collaboration’ means collaboration between at least
two independent parties to exchange knowledge or technology,
or to achieve a common objective based on the division of
labour where the parties jointly define the scope of the collab­
orative project, contribute to its implementation and share its
risks, as well as its results. One or several parties may bear the
full costs of the project and thus relieve other parties of its
financial risks. Contract research and provision of research
services are not considered forms of collaboration ;
 02014R0651 — EN — 01.07.2023 — 006.001 — 24

▼M6
(90a) ‘Non-defence applications’ for the purposes of Article 25e
refers to applications in products other than defence-related
products listed in the Annex to Directive 2009/43/EC of the
European Parliament and of the Council (1);

▼B
(91) ‘research infrastructure’ means facilities, resources and related
services that are used by the scientific community to conduct
research in their respective fields and covers scientific
equipment or sets of instruments, knowledge-based resources
such as collections, archives or structured scientific
information, enabling information and communication
technology-based infrastructures such as grid, computing,
software and communication, or any other entity of a unique
nature essential to conduct research. Such infrastructures may
be ‘single-sited’ or ‘distributed’ (an organised network of
resources) in accordance with Article 2(a) of Council Regu­
lation (EC) No 723/2009 of 25 June 2009 on the
Community legal framework for a European Research Infra­
structure Consortium (ERIC) (2);

▼M6
(92) ‘innovation clusters’ means structures or organised groups of
independent parties (such as innovative start-ups, small,
medium and large enterprises, as well as research and
knowledge dissemination organisations, research infra­
structures, testing and experimentation infrastructures, Digital
Innovation Hubs, non-for-profit organisations and other related
economic actors) designed to stimulate innovative activity and
new ways of collaboration, such as by digital means, by
sharing and/or promoting the sharing of facilities and
exchange of knowledge, and expertise and by contributing
effectively to knowledge transfer, networking, information
dissemination and collaboration among the undertakings and
other organisations in the cluster. Digital Innovation Hubs,
including European Digital Innovation Hubs funded under the
centrally managed Digital Europe Programme established by
Regulation (EU) 2021/694 of the European Parliament and of
the Council (3), are entities whose aim is to stimulate the broad
uptake of digital technologies, such as artificial intelligence,
cloud, edge and high-performance computing and cyberse­
curity, by industry (in particular by SMEs) and public sector
organisations. Digital Innovation Hubs may qualify as an inno­
vation cluster by themselves for the purposes of this Regu­
lation;

▼B
(93) ‘highly qualified personnel’ means staff having a tertiary
education degree and at least 5 years of relevant professional
experience which may also include doctoral training;

(1) Directive 2009/43/EC of the European Parliament and of the Council of

6 May 2009 simplifying terms and conditions of transfers of
defence-related products within the Community (OJ L 146, 10.6.2009, p. 1).
(2) OJ L 206, 8.8.2009, p. 1.
(3) Regulation (EU) 2021/694 of the European Parliament and of the Council of
29 April 2021 establishing the Digital Europe Programme and repealing
Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 25

▼M6
(94) ‘innovation advisory services’ means consultancy, assistance or
training in the fields of knowledge transfer, acquisition,
protection or exploitation of intangible assets or the use of
standards and regulations embedding them, as well as
consultancy, assistance or training on the introduction or use
of innovative technologies and solutions (including digital tech­
nologies and solutions);

(95) ‘innovation support services’ means the provision of office

space, data banks, cloud and data storage services, libraries,
market research, laboratories, quality labelling, testing, experi­
mentation and certification or other related services, including
those services provided by research and knowledge dissemi­
nation organisations, research infrastructures, testing and
experimentation infrastructures or innovation clusters, for the
purpose of developing more effective or technologically
advanced products, processes or services, including the im­
plementation of innovative technologies and solutions
(including digital technologies and solutions);

(96) ‘organisational innovation’ means the implementation of a new

organisational method at the level of the undertaking (at group
level in the given industry sector in the EEA), workplace
organisation or external relations, including for instance by
making use of novel or innovative digital technologies.
Excluded from this definition are changes that are based on
organisational methods already in use in the undertaking,
changes in management strategy, mergers and acquisitions,
ceasing to use a process, simple capital replacement or
extension, changes resulting purely from changes in factor
prices, customisation, localisation, regular, seasonal and other
cyclical changes and trading of new or significantly improved
products;

(97) ‘process innovation’ means the implementation of a new or

significantly improved production or delivery method,
including significant changes in techniques, equipment or
software, at the level of the undertaking (at group level in
the given industry sector in the EEA), including for instance
by making use of novel or innovative digital technologies or
solutions. Excluded from this definition are minor changes or
improvements, increases in production or service capabilities
through the addition of manufacturing or logistical systems
which are very similar to those already in use, ceasing to use
a process, simple capital replacement or extension, changes
resulting purely from changes in factor prices, customisation,
localisation, regular, seasonal and other cyclical changes and
trading of new or significantly improved products;

▼B
(98) ‘secondment’ means temporary employment of staff by a ben­
eficiary with the right for the staff to return to the previous
employer;
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▼M6
(98a) ‘testing and experimentation infrastructure’ means facilities,
equipment, capabilities and resources, such as test beds, pilot
lines, demonstrators, testing facilities or living labs, and related
support services that are used predominantly by undertakings,
especially SMEs, which seek support for testing and experi­
mentation, in order to develop new or improved products,
processes and services, and to test and upscale technologies,
to advance through industrial research and experimental devel­
opment. Access to publicly funded testing and experimentation
infrastructures is open to several users and must be granted on
a transparent and non-discriminatory basis and on market
terms. Testing and experimentation infrastructures are
sometimes also known as technology infrastructures (1);

▼B
Definitions for aid for disadvantaged workers and for
workers with disabilities
(99) ‘severely disadvantaged worker’ means any person who:

(a) has not been in regular paid employment for at least 24

months; or

(b) has not been in regular paid employment for at least 12

months and belongs to one of the categories (b) to (g)
mentioned under the definition of ‘disadvantaged worker’.

(100) ‘sheltered employment’ means employment in an undertaking

where at least 30 % of workers are workers with disabilities;

Definitions applying to aid for environmental protection

▼M6
(101) ‘environmental protection’ means any action or activity
designed to reduce or prevent pollution, negative environmen­
tal impacts or other damage to physical surroundings
(including to air, water and soil), ecosystems or natural
resources by human activities, including to mitigate climate
change, to reduce the risk of such damage, to protect and
restore biodiversity or to lead to more efficient use of
natural resources, including energy-saving measures and the
use of renewable sources of energy and other techniques to
reduce greenhouse gas emissions and other pollutants, as well
as to shift to circular economy models to reduce the use of
primary materials and increase efficiencies. It also covers
actions that reinforce adaptive capacity and minimise vulner­
ability to climate impacts;

(1) See Commission Staff Working Document, ‘Technology Infrastructures’,

SWD(2019) 158 final, 8.4.2019.
 02014R0651 — EN — 01.07.2023 — 006.001 — 27

▼M6
(102) ‘Union standard’ means:

(a) a mandatory Union standard setting the levels to be

attained in environmental terms by individual under­
takings, excluding standards or targets set at Union level
which are binding for Member States but not for indi­
vidual undertakings; or

(b) the obligation to use the best available techniques (BAT),

as defined in Directive 2010/75/EU of the European
Parliament and of the Council (1), and to ensure that
emission levels do not exceed those that would be
achieved when applying BAT; where emission levels
associated with the BAT have been defined in implemen­
ting acts adopted under Directive 2010/75/EU or under
other applicable directives, those levels will be applicable
for the purposes of this Regulation; where those levels are
expressed as a range, the limit for which the BAT is first
achieved for the undertaking concerned will be applicable;

(102a) ‘recharging infrastructure’ means a fixed or mobile infra­

structure supplying vehicles or mobile terminal equipment or
mobile groundhandling equipment with electricity;

(102b) ‘refuelling infrastructure’ means a fixed or mobile infra­

structure supplying vehicles or mobile terminal equipment or
mobile groundhandling equipment with hydrogen;

(102c) ‘renewable hydrogen’ means hydrogen produced from

renewable energy in accordance with the methodologies set
out for renewable liquid and gaseous transport fuels of
non-biological origin in Directive (EU) 2018/2001 of the
European Parliament and of the Council (2);

(102d) ‘renewable electricity’ means electricity generated from

renewable sources, as defined in Article 2, point (1), of
Directive (EU) 2018/2001;

(102e) ‘smart recharging’ means a recharging operation in which the

intensity of electricity delivered to the battery is adjusted in
real-time, based on information received through electronic
communication;

(102f) ‘clean vehicle’ means:

(a) concerning light-duty road vehicles: a clean vehicle as

defined in Article 4, point (4)(a), of Directive 2009/33/EC
of the European Parliament and of the Council (3);

(1) Directive 2010/75/EU of the European Parliament and of the Council of

24 November 2010 on industrial emissions (integrated pollution prevention
and control) (OJ L 334, 17.12.2010, p. 17).
(2) Directive (EU) 2018/2001 of the European Parliament and of the Council of
11 December 2018 on the promotion of the use of energy from renewable
sources (OJ L 328, 21.12.2018, p. 82).
(3) Directive 2009/33/EC of the European Parliament and of the Council of
23 April 2009 on the promotion of clean road transport vehicles in support
of low-emission mobility (OJ L 120, 15.5.2009, p. 5).
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(b) concerning heavy-duty road vehicles:

— until 31 December 2025, a low-emission heavy-duty

vehicle as defined in Article 3, point (12), of Regu­
lation (EU) 2019/1242 of the European Parliament and
of the Council (1);

— until 31 December 2025, a clean vehicle as defined in

Article 4, point (4)(b), of Directive 2009/33/EC and
not falling within the scope of Regu­
lation (EU) 2019/1242;

(c) concerning inland waterway vessels:

— an inland vessel for passenger transport that has a

hybrid or dual fuel engine deriving at least 50 % of
its energy from zero direct (tailpipe) CO2 emission
fuels or plug-in power for its normal operation;

— an inland vessel for freight transport with direct

(tailpipe) emissions of CO2 per tonne kilometre (g
CO2/tkm), calculated (or estimated in case of new
vessels) using the International Maritime Organization
Energy Efficiency Operational Indicator (EEOI), 50 %
lower than the average reference value for emissions
of CO2 determined for heavy duty vehicles (vehicle
subgroup 5- LH) in accordance with Article 11 of
Regulation (EU) 2019/1242;

(d) concerning maritime vessels:

— a sea and coastal vessel for passenger, freight

transport, for port operations or for auxiliary activities
that (i) has a hybrid or dual fuel engine deriving at
least 25 % of its energy from zero direct (tailpipe)
CO2 emission fuels or plug-in power for its normal
operation at sea and in ports, or (ii) has an attained
International Maritime Organization’s Energy Effi­
ciency Design Index (EEDI) value 10 % below the
EEDI requirements applicable on 1 April 2022 and
is able to run on zero direct (tailpipe) CO2 emission
fuels or on fuels from renewable sources;

— a sea and coastal vessel for freight transport that is

used exclusively for operating coastal and short sea
services designed to enable modal shift of freight
currently transported by land to sea and that has
direct (tailpipe) CO2 emissions, calculated using the

(1) Regulation (EU) 2019/1242 of the European Parliament and of the Council of
20 June 2019 setting CO2emission performance standards for new
heavy-duty vehicles and amending Regulations (EC) No 595/2009
and (EU) 2018/956 of the European Parliament and of the Council and
Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
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EEDI, 50 % lower than the average reference CO2
emissions value determined for heavy duty vehicles
(vehicle sub group 5-LH) as published in accordance
with Article 11 of Regulation (EU) 2019/1242;

(e) concerning rail rolling stock: rolling stock that has zero
direct tailpipe CO2 emissions when operated on a track
with necessary infrastructure and that uses a conventional
engine where such infrastructure is not available (bimode);

(102g) ‘zero-emission vehicle’ means:

(a) concerning two- and three-wheel vehicles and quad­

ricycles: a vehicle falling within the scope of
Regulation (EU) No 168/2013 of the European Parliament
and of the Council (1) with zero tailpipe CO2 emissions,
calculated in accordance with the requirements laid down
in Article 24 and Annex V to that Regulation;

(b) concerning light-duty road vehicles: a vehicle of category

M1, M2 or N1 with zero tailpipe CO2 emissions, as
determined in accordance with the requirements laid
down in Commission Regulation (EU) 2017/1151 (2);

(c) concerning heavy-duty road vehicles: a zero-emission

heavy duty vehicle as defined in Article 4, point (5), of
Directive 2009/33/EC;

(d) concerning inland waterway vessels: an inland vessel for

passenger or freight transport with zero direct (tailpipe/
exhaust) CO2 emissions;

(e) concerning maritime vessels: a sea and coastal vessel for

passenger or freight transport, for port operations or for
auxiliary activities that has zero direct (tailpipe) CO2
emissions;

(f) concerning rail rolling stock: rolling stock that has zero
direct (tailpipe) CO2 emissions;

(102h) ‘vehicle’ means any of the following:

(a) a road vehicle of category M1, M2, N1, M3, N2, N3 or L;

(b) an inland or a sea and coastal vessel for passenger or

freight transport;

(1) Regulation (EU) No 168/2013 of the European Parliament and of the Council
of 15 January 2013 on the approval and market surveillance of two- or
three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
(2) Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing
Regulation (EC) No 715/2007 of the European Parliament and of the
Council on type-approval of motor vehicles with respect to emissions from
light passenger and commercial vehicles (Euro 5 and Euro 6) and on access
to vehicle repair and maintenance information (OJ L 175, 7.7.2017, p. 1).
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(c) rolling stock;

(d) aircraft;

(102i) ‘mobile groundhandling equipment’ means mobile equipment

used in service activities incidental to air or maritime
transport;

(102j) ‘mobile terminal equipment’ means mobile equipment used for

the loading, unloading and transhipment of goods and
intermodal loading units, and for moving cargo within a
terminal area;

(103) ‘energy efficiency’ means energy efficiency as defined in

Article 2, point (4), of Directive 2012/27/EU of the
European Parliament and of the Council (1);

(103a) ‘primary energy’ means energy from renewable and

non-renewable sources which has not undergone any
conversion or transformation process;

__________

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(103c) ‘digitalisation’ means the adoption of technologies carried out
by electronic devices and/or systems which make it possible to
increase product functionality, develop online services,
modernise processes, or migrate to business models based
on the disintermediation of goods production and service
delivery, eventually producing a transformative impact;

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(103d) ‘smart-readiness’ means the capability of buildings or building
units to adapt their operation to the needs of the occupant,
including optimising energy efficiency and overall
performance, and to adapt their operation in response to
signals from the grid;

(103e) ‘small mid-cap’ means an undertaking that is not an SME and

whose number of employees does not exceed 499, calculated
in accordance with Articles 3 to 6 of Annex I, the annual
turnover of which does not exceed EUR 100 million or the
annual balance sheet of which does not exceed EUR 86
million; several entities shall be considered as one undertaking
if any of the conditions listed in Article 3(3) of Annex I is
fulfilled. For the purpose of the application of Article 56e(10)
and Article 56f, small mid-cap means an undertaking that is
not an SME and employs up to 499 employees;

(103f) ‘energy savings’ means energy savings as defined in Article 2,

point (5), of Directive 2012/27/EU;

(1) Directive 2012/27/EU of the European Parliament and of the Council of

25 October 2012 on energy efficiency, amending Directives 2009/125/EC
and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC
(OJ L 315, 14.11.2012, p. 1).
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(104) ‘energy efficiency project’ means an investment project that
increases the energy efficiency of a building;

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(105) ‘energy efficiency fund’ or ‘EEF’ means a special investment
vehicle set up for the purpose of investing in energy efficiency
projects aimed at improving the energy efficiency of buildings.
EEFs are managed by an energy efficiency fund manager;

▼B
(106) ‘energy efficiency fund manager’ means a professional
management company with a legal personality, selecting and
making investments in eligible energy efficiency projects;

(107) ‘high-efficiency cogeneration’ means cogeneration which

satisfies the definition of high efficiency cogeneration as set
out in Article 2(34) of Directive 2012/27/EU of the European
Parliament and of the Council of 25 October 2012 on energy
efficiency, amending Directives 2009/125/EC and 2010/30/EU
and repealing Directives 2004/8/EC and 2006/32/EC (1);

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(108) ‘cogeneration’ or ‘combined heat and power’ or ‘CHP’ means
cogeneration as defined in Article 2, point (30), of
Directive 2012/27/EU;

(108a) ‘cogeneration based on renewable energy sources’ means

cogeneration using 100 % energy from renewable sources as
an input for the production of heat and power;

(108b) ‘heat pump’ means a machine, a device or installation that

transfers heat from natural surroundings such as air, water
or ground to buildings or industrial applications by reversing
the natural flow of heat such that it flows from a lower to a
higher temperature. For reversible heat pumps, it may also
move heat from the building to the natural surroundings;

(109) ‘energy from renewable sources’ or ‘renewable energy’ means

energy produced by plants using only renewable energy
sources as defined in Article 2, point (1), of
Directive (EU) 2018/2001, as well as the share in terms of
calorific value of energy produced from renewable energy
sources in hybrid plants which also use conventional energy
sources and includes renewable electricity used for filling
storage systems connected behind-the-meter (jointly installed
or as an add-on to the renewable installation), but excludes
electricity produced as a result of storage systems;

(109a) ‘renewable energy community’ means renewable energy

community as defined in Article 2, point (16) of
Directive (EU) 2018/2001;

(1) OJ L 315, 14.11.2012, p. 1.

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__________

(114) ‘innovative technology’ means a new and recently qualified

technology compared to the state of the art in the industry,
which carries a risk of technological or industrial failure and is
not an optimisation or scaling up of an existing technology;

(114a) ‘demonstration project’ means demonstration project as

defined in Article 2, point (24), of Regulation (EU) 2019/943
of the European Parliament and of the Council (1);

(114b) ‘contract for difference’ means an aid instrument which

entitles the beneficiary to a payment equal to the difference
between a fixed ‘strike’ price(s) and a reference price – such
as a market price, per unit of output;

(115) ‘balancing’ for electricity means balancing as defined in

Article 2, point (10), of Regulation (EU) 2019/943;

(116) ‘standard balancing responsibilities’ means non-discriminatory

balancing responsibilities across technologies which do not
exempt from balance responsibility any generator as set out
in Article 5 of Regulation (EU) 2019/943;

(116a) ‘balance responsible party (BRP)’ means balance responsible

party as defined in Article 2, point (14), of Regu­
lation (EU) 2019/943;

(117) ‘biomass’ means the biodegradable fraction of products, waste

and residues from biological origin, as defined in Article 2,
point (24), of Directive (EU) 2018/2001;

(117a) ‘biofuels’ means biofuels as defined in Article 2, point (33), of

Directive (EU) 2018/2001;

(117b) ‘biogas’ means biogas as defined in Article 2, point (28), of

Directive (EU) 2018/2001;

(117c) ‘bioliquids’ means bioliquids as defined in Article 2,

point (32), of Directive (EU) 2018/2001;

(117d) ‘biomass fuels’ means biomass fuels as defined in Article 2,

point (27), of Directive (EU) 2018/2001;

(118) ‘funding gap’ means the net extra cost determined by the
difference between the economic revenues and costs
(including the investment and operation) of the aided project
and those of the alternative project which the aid beneficiary
would credibly carry out in the absence of aid. To determine

(1) Regulation (EU) 2019/943 of the European Parliament and of the Council of
5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019,
p. 54).
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the funding gap, the Member State must quantify, for the
factual scenario and a credible counterfactual scenario, all
main costs and revenues, the estimated weighted average
cost of capital (‘WACC’) of the beneficiaries to discount
future cash flows, as well as the net present value (‘NPV’)
for the factual and counterfactual scenarios, over the lifetime
of the project. The typical net extra cost can be estimated as
the difference between the NPV for the factual scenario and
for the counterfactual scenario over the lifetime of the
reference project;

(119) ‘environmental tax or parafiscal levy’ means a tax or a levy

applied on a specific tax base, products or services that have a
clear negative effect on the environment or which seeks to
charge certain activities, goods or services so that the environ­
mental costs may be included in their price or so that
producers and consumers are oriented towards activities
which better respect the environment;

▼B
(120) ‘Union minimum tax level’ means the minimum level of
taxation provided for in the Union legislation; for energy
products and electricity it means the minimum level of
taxation laid down in Annex I to Council Directive
2003/96/EC of 27 October 2003 restructuring the
Community framework for the taxation of energy products
and electricity (1);

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__________

(121a) ‘remediation’ means environmental management actions, such

as the removal or detoxification of contaminates or excess
nutrients from soil and water, that aim to remove sources
of degradation;

(121b) ‘rehabilitation’ means environmental management actions that

aim to reinstate a level of ecosystem functioning on degraded
sites, where the goal is renewed and ongoing provision of
ecosystem services rather than the biodiversity and integrity
of a designated natural or semi-natural reference ecosystem;

(121c) ‘ecosystem’ means ecosystem as defined in Article 2,

point (13), of Regulation (EU) 2020/852 of the European
Parliament and of the Council (2);

(121d) ‘biodiversity’ means biodiversity as defined in Article 2,

point (15), of Regulation (EU) 2020/852;

(1) OJ L 283, 31.10.2003, p. 51.

(2) Regulation (EU) No 2020/852 of the European Parliament and of the Council
of 18 June 2020 on the establishment of a framework to facilitate sustainable
investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020,
p. 13).
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▼B
(122) ‘polluter pays principle’ or ‘PPP’ means that the costs of
measures to deal with pollution should be borne by the
polluter who causes the pollution;

(123) ‘pollution’ means the damage caused by a polluter directly or

indirectly damaging the environment, or by creating conditions
leading to such damage to physical surroundings or natural
resources;

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(123a) ‘pollutant’ means a pollutant as defined in Article 2, point (10),
of Regulation (EU) 2020/852;

(123b) ‘pollution’ means pollution as defined in Article 3, point (2),

of Directive 2010/75/EU;

(123c) ‘nature-based solution’ means an action to protect, conserve,

restore, sustainably use and manage natural or modified
terrestrial, freshwater, coastal and marine ecosystems, which
addresses social, economic and environmental challenges
effectively and adaptively, while simultaneously providing
human well-being, ecosystem services, resilience and biodi­
versity benefits;

(123d) ‘restoration’ means the process of assisting the recovery of an

ecosystem as a means of conserving biodiversity and
increasing ecosystem resilience, notably to climate change.
The restoration of ecosystems includes measures taken for
the improvement of the condition of an ecosystem and the
recreation or re-establishment of an ecosystem where that
condition was lost and the improvement of ecosystem
resilience and adaptation to climate change;

(124) ‘energy efficient district heating and cooling’ means efficient

district heating and cooling as defined in Article 2, point (41),
of Directive 2012/27/EU;

(124a) ‘district heating’ and ‘district cooling’ means district heating

or district cooling as defined in Article 2, point (19), of
Directive 2010/31/EU;

(124b) ‘district heating and cooling systems’, means heating and/or

cooling generation facilities, thermal storage and distribution
network, comprising both primary – transmission – and
secondary network of pipelines, to supply heating or cooling
to consumers. Reference to district heating is to be interpreted
as district heating and/or cooling systems, depending on
whether the networks supply heat or cooling jointly or
separately;

▼B
(125) ‘polluter’ means someone who directly or indirectly damages
the environment or who creates conditions leading to such
damage.
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(126) ‘re-use’ means re-use as defined in Article 3, point (13), of
Directive 2008/98/EC of the European Parliament and of the
Council (1);

(127) ‘preparing for re-use’ means preparing for re-use as defined in

Article 3, point (16), of Directive 2008/98/EC;

(128) ‘recycling’ means recycling as defined in Article 3, point (17),

of Directive 2008/98/EC;

(128a) ‘resource efficiency’ means reducing the quantity of inputs

needed to produce a unit of output or substituting primary
inputs with secondary inputs;

(128b) ‘waste’ means waste as defined in Article 3, point (1), of

Directive 2008/98/EC;

(128c) ‘waste heat’ means waste heat as defined in Article 2,

point (9), of Directive (EU) 2018/2001;

(128d) ‘treatment’ means treatment as defined in Article 3, point (14),

of Directive 2008/98/EC as well as treatment of other
products, materials, or substances;

(128e) ‘recovery’ means recovery as defined in Article 3, point (15),

of Directive 2008/98/EC as well as recovery of other products,
materials or substances;

(128f) ‘disposal’ means disposal as defined in Article 3, point (19),

of Directive 2008/98/EC;

(128g) ‘other products, materials or substances’ means materials,

products and substances other than waste, including
by-products referred to in Article 5 of Directive 2008/98/EC,
agricultural and forestry residues, waste water, rain water and
runoff water, minerals, nutrients, residual gases from
production processes, and redundant products, parts and
materials;

(128h) ‘redundant products, parts and materials’ means products,

parts or materials that are no longer needed by or useful for
its holder but are suitable for re-use;

(128i) ‘separate collection’ means separate collection as defined in

Article 3, point (11), of Directive 2008/98/EC;

__________

(1) Directive 2008/98/EC of the European Parliament and of the Council of

19 November 2008 on waste and repealing certain Directives (OJ L 312,
22.11.2008, p. 3).
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(130) ‘energy infrastructure’ means any physical equipment or
facility which is located within the Union or linking the
Union to one or more third countries and falling under the
following categories:

(a) electricity:

(i) transmission and distribution systems, where ‘trans­

mission’ means the transport of electricity onshore as
well as offshore on the extra high-voltage and
high-voltage interconnected system with a view to
its delivery to final customers or to distributors, but
does not include supply and ‘distribution’ means the
transport of electricity onshore as well as offshore on
high-voltage, medium-voltage and low-voltage
distribution systems with a view to its delivery to
customers, but does not include supply;

(ii) any equipment or installation essential for the systems

referred to in point (i) to operate safely, securely and
efficiently, including protection, monitoring and
control systems at all voltage levels and substations;

(iii) fully integrated network components, as defined in

Article 2, point (51), of Directive (EU) 2019/944 of
the European Parliament and of the Council (1);

(iv) smart electricity grids, which means systems and

components integrating information and communi­
cations technology, through operational digital
platforms, control systems and sensor technologies
both at transmission and distribution level, aiming
at a more secure, efficient and intelligent electricity
transmission and distribution network, increased
capacity to integrate new forms of generation,
storage and consumption and facilitating new
business models and market structures;

(v) off-shore electricity grids, which means any

equipment or installation of electricity transmission
or distribution infrastructure as defined in point (i),
which has dual functionality: interconnection and
transmission or distribution of offshore renewable
electricity from the offshore generation sites to two
or more countries. This also includes smart grids as
well as any offshore adjacent equipment or instal­
lation essential to operate safely, securely and
efficiently, including protection, monitoring and

(1) Directive (EU) 2019/944 of the European Parliament and of the Council of
5 June 2019 on common rules for the internal market for electricity and
amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
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control systems, and necessary substations if they
also ensure technology interoperability and among
other interface compatibility between different
technologies;

(b) gas (natural gas, biogas- including biomethane – and/or

renewable gas of non-biological origin):

(i) transmission and distribution pipelines for the

transport of gas that form part of a network,
excluding high-pressure pipelines used for upstream
distribution of natural gas;

(ii) underground storage facilities connected to the

high-pressure gas pipelines referred to in point (i);

(iii) reception, storage and regasification or decom­

pression facilities for liquefied or compressed gas;

(iv) any equipment or installation essential for the system

to operate safely, securely and efficiently or to enable
bi-directional capacity, including compressor stations;

(v) smart gas grids, which means any of the following

equipment or installation aiming at enabling and
facilitating the integration of renewable and
low-carbon gases (including hydrogen or gases of
non-biological origin) into the network: digital
systems and components integrating information and
communication technologies, control systems and
sensor technologies to enable the interactive and
intelligent monitoring, metering, quality control and
management of gas production, transmission,
distribution and consumption within a gas network.
Furthermore, smart grids may also include equipment
to enable reverse flows from the distribution to the
transmission level and related necessary upgrades to
the existing network;

(c) hydrogen:

(i) transmission pipelines, for the high-pressure transport

of hydrogen, as well as distribution pipelines for the
local distribution of hydrogen, giving access to
multiple network users on a transparent and
non-discriminatory basis;

(ii) storage facilities, which means facilities used for the

stocking of hydrogen of a high grade of purity,
including the part of a hydrogen terminal used for
storage but excluding the portion used for production
operations, and including facilities reserved
exclusively for hydrogen network operators in
carrying out their functions. Hydrogen storage
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facilities include underground storage facilities
connected to the high-pressure hydrogen pipelines
referred to in point (i);

(iii) dispatch, reception, storage and regasification or

decompression facilities for hydrogen or hydrogen
embedded in other chemical substances with the
objective of injecting the hydrogen into the grid
either for gas or dedicated to hydrogen;

(iv) terminals, which means installations used for the

transformation of liquid hydrogen into gaseous
hydrogen for injection into the hydrogen network.
Terminals include ancillary equipment and
temporary storage necessary for the transformation
process and subsequent injection into the hydrogen
network, but does not include any part of the
hydrogen terminal used for storage;

(v) interconnectors, which means a hydrogen network (or

part thereof) which crosses or spans a border between
Member States, or between a Member State and a
third country up to the territory of the Member
States or the territorial sea of that Member State;

(vi) any equipment or installation essential for the

hydrogen system to operate safely, securely and
efficiently or to enable bi-directional capacity,
including compressor stations;

Any of the assets listed under points (i) to (vi) may be

newly constructed assets or assets converted from natural
gas to hydrogen, or a combination of the two. Assets
listed under points (i) to (vi), which are subject to third
party access shall qualify as energy infrastructure;

(d) carbon dioxide:

(i) pipelines, other than upstream pipeline network, used

to transport carbon dioxide from more than one
source, this is to say, industrial installations (including
power plants) that produce carbon dioxide gas from
combustion or other chemical reactions involving
fossil or non-fossil carbon-containing compounds, for
the purpose of permanent geological storage of carbon
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dioxide pursuant to Article 3 of Directive 2009/31/EC
of the European Parliament and of the Council (1) or
for the purpose of use of carbon dioxide as feedstock
or to enhance the yields of biological processes;

(ii) facilities for liquefaction and buffer storage of carbon

dioxide in view of its transport or storage. This does
not include infrastructure within a geological
formation used for the permanent geological storage
of carbon dioxide pursuant to Article 3 of
Directive 2009/31/EC and associated surface and
injection facilities;

(iii) any equipment or installation essential for the system

in question to operate properly, securely and
efficiently, including protection, monitoring and
control systems. This may include dedicated mobile
assets for the transport and storage of carbon dioxide,
provided that such mobile assets fulfil the definition
of a clean vehicle;

Assets listed under points (i), (ii) and (iii) which are
subject to third party access shall qualify as energy
infrastructure;

(e) infrastructure used for transmission or distribution of

thermal energy in the form of steam, hot water or
chilled liquids from multiple producers or users, based
on use of renewable energy or waste heat from industrial
applications;

(f) Projects of Common Interest, as defined in Article 2,

point (4), of Regulation (EU) No 347/2013 of the
European Parliament and of the Council (2) and project
of mutual interest referred to in Article 171 of the Treaty;

(g) other infrastructure categories that enable physical or

wireless connection of renewable or carbon-free energy
between producers and users from multiple access and
exit points and which are open to access by third parties
not belonging to the infrastructure owner or manager
undertakings;

Assets listed under points (a) to (g) which are built for one or
a small group of ex ante identified users and tailored to their
needs (‘dedicated infrastructure’) shall not qualify as energy
infrastructure.

(1) Directive 2009/31/EC of the European Parliament and of the Council of

23 April 2009 on the geological storage of carbon dioxide and amending
Council Directive 85/337/EEC, European Parliament and Council
Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC
and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
(2) Regulation (EU) No 347/2013 of the European Parliament and of the Council
of 17 April 2013 on guidelines for trans-European energy infrastructure
(OJ L 115, 25.4.2013, p. 39).
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(130a) ‘distribution system operator’ (DSO) means a distribution
system operator as defined in Article 2, point (29), of
Directive (EU) 2019/944;

(130b) ‘transmission system operator’ (TSO) means a transmission

system operator as defined in Article 2, point (35), of
Directive (EU) 2019/944;

(130c) ‘electricity storage’ means deferring the final use of electricity

to a moment later than when it was generated, or the
conversion of electrical energy into a form of energy which
can be stored, the storing of such energy, and the subsequent
reconversion of such energy into electrical energy;

(130d) ‘thermal storage’ means deferring the final use of thermal

energy to a moment later than when it was generated, or the
conversion of electrical or thermal energy into a form of
energy which can be stored, the storing of such energy, and,
where appropriate, the subsequent conversion or reconversion
of such energy into thermal energy for final use (i.e., heating
or cooling);

(131) ‘internal energy market legislation’ means Directive (EU) 2019/944,

Directive 2009/73/EC of the European Parliament and of the
Council (1), Regulation (EU) 2019/943 and Regulation (EC)
No 715/2009 of the European Parliament and of the Council (2);

(131a) ‘carbon capture and storage’ or ‘CCS’ means a set of tech­

nologies that make it possible to capture the CO2 emitted from
industrial plants, including process-inherent emissions, or to
capture it directly from ambient air, to transport it to a
storage site and inject it in suitable underground geological
formations for the purpose of permanent storage;

(131b) ‘carbon capture and use’ or ‘CCU’ means a set of tech­

nologies that make it possible to capture the CO2 emitted
from industrial plants, including process-inherent emissions,
or to capture it directly from ambient air, and to transport it
to a CO2-consumption or utilisation site for full usage of that
CO2;

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Definitions applying to social aid for transport for
residents of remote regions
(132) ‘normal residence’ means the place where a natural person
lives for at least 185 days, in each calendar year, because of
personal and occupational ties; in the case of a person whose
occupational ties are in a different place from his/her personal
ties and who lives in two or more Member States, the place of

(1) Directive 2009/73/EC of the European Parliament and of the Council of

13 July 2009 concerning common rules for the internal market in natural
gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
(2) Regulation (EC) No 715/2009 of the European Parliament and of the Council
of 13 July 2009 on conditions for access to the natural gas transmission
networks and repealing Regulation (EC) No 1775/2005 (OJ L 211,
14.8.2009, p. 36).
 02014R0651 — EN — 01.07.2023 — 006.001 — 41

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normal residence is regarded as the place of his/her personal
ties provided that he/she returns there regularly; where a
person is living in a Member State in order to carry out a
task of a set duration, the place of residence is still regarded as
being the place of his/her personal ties, irrespective of whether
he/she returns there during the course of this activity;
attendance at a university or school in another Member
State does not constitute a transfer of normal residence; alter­
natively, ‘normal residence’ shall have the meaning attributed
to it in Member States' national law.

Definitions for aid for broadband infrastructures

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__________

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__________

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(135) ‘ducts’ means underground pipes or conduits used to house
(fibre, copper or coax) cables of a broadband network.

(136) ‘physical unbundling’ grants access to the end-consumer

access line and allows competitors' own transmission
systems to directly transmit over it.

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(137) ‘broadband infrastructure’ means a broadband network without
any active component and comprises the physical infra­
structure, including ducts, poles, masts, towers, dark fibre,
cabinets and cables (including dark fibre and copper cables);

(137a) ‘backhaul network’ means the part of a broadband network

that connects the access network to the backbone network and
which does not provide direct access to end-users. It is the
part of the network where the traffic of end users is
aggregated;

(137b) ‘backbone network’ means the core network that interconnects

backhaul networks from different areas or regions;

(137c) ‘access network’ means the segment of a broadband network

that connects the backhaul network with the end users’
premises or devices;

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__________

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(139) ‘wholesale access’ means access which enables an operator to
utilise the facilities of another operator. The wholesale access
shall include, on the basis of the current technological devel­
opments, at least the following access products: (i) for FTTx
networks: access to the broadband infrastructure, unbundling
and bitstream access; (ii) for cable networks: access to the
broadband infrastructure and access to active services; (iii)
for fixed wireless networks: access to the broadband infra­
structure and access to active services; (iv) for mobile
 02014R0651 — EN — 01.07.2023 — 006.001 — 42

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networks: access to the broadband infrastructure and access to
active services (at least roaming); (v) for satellite platforms:
access to active services; (vi) for backhaul networks: access to
the broadband infrastructure and access to active services;

(139a) ‘premises passed’ means end-user premises to which, upon

request from end-users and within 4 weeks from the date of
request, a provider can provide broadband services (regardless
of whether these premises are already connected or not
connected to the network). The price charged for the
provision of broadband services at the end users’ premises
in this case must not exceed normal connection fees,
meaning it must not include any additional or exceptional
cost as compared to the standard commercial practice and,
in any case, must not exceed the usual price in the Member
State concerned. That price must be determined by the
competent national authority;

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(139b) ‘socioeconomic drivers’ means entities which by their mission,
nature or location can directly or indirectly generate important
socioeconomic benefits to citizens, business and local commu­
nities located in their surrounding territory or in their area of
influence, including among others public authorities, public or
private entities entrusted with the operation of services of
general interest or of services of general economic interest
as set out in Article 106(2) of the Treaty and digitally
intensive enterprises;

(139c) ‘5G corridor’ means a transport path, road, railway or inland

waterway, fully covered with digital connectivity infra­
structure, in particular 5G systems, and enabling the uninter­
rupted provision of synergy digital services as defined in
Regulation (EU) 2021/1153 of the European Parliament and
of the Council (1), such as connected and automated mobility,
similar smart mobility services for railways or digital connec­
tivity on inland waterways;

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(139d) ‘peak-time’ means the time of the day with a typical duration
of one hour where the network load is usually at its
maximum;

(139e) ‘peak-time conditions’ means the conditions under which the

network is expected to operate at ‘peak-time’;

(139f) ‘relevant time horizon’ means a time horizon used for

verifying planned private investments and corresponds to the
time frame that the Member State estimates for deploying the
planned State funded network, starting from the moment of
publication of the public consultation on the planned State

(1) Regulation (EU) 2021/1153 of the European Parliament and of the Council of
7 July 2021 establishing the Connecting Europe Facility and repealing Regu­
lations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021,
p. 38).
 02014R0651 — EN — 01.07.2023 — 006.001 — 43

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intervention until the entry into operation of the network (i.e.
start of the provision of wholesale and/or retail services on the
State funded network). The relevant time horizon cannot be
shorter than 2 years;

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Definitions for aid for culture and heritage conservation
(140) ‘difficult audiovisual works’: means the works identified as
such by Member States on the basis of pre-defined criteria
when setting up schemes or granting the aid and may
include films whose sole original version is in a language of
a Member State with a limited territory, population or
language area, short films, films by first-time and
second-time directors, documentaries, or low budget or
otherwise commercially difficult works.

(141) Development Assistance Committee (DAC) List of the OECD:

means all countries and territories that are eligible to receive
official development assistance and included in the list
compiled by the Organisation for Economic Cooperation and
Development (OECD);

(142) ‘reasonable profit’ shall be determined with respect to the

typical profit for the sector concerned. In any event, a rate
of return on capital that does not exceed the relevant swap rate
plus a premium of 100 basis points will be considered to be
reasonable.

Definitions for aid for sport and multifunctional

recreational infrastructures
(143) ‘professional sport’ means the practice of sport in the nature of
gainful employment or remunerated service, irrespective of
whether or not a formal labour contract has been established
between the professional sportsperson and the relevant sport
organisation, where the compensation exceeds the cost of
participation and constitutes a significant part of the income
for the sportsperson. Travel and accommodation expenses to
participate to the sport event shall not be considered as
compensation for the purposes of this Regulation.

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Definitions for Aid for regional airports
(144) ‘airport infrastructure’ means infrastructure and equipment for
the provision of airport services by the airport to airlines and
the various service providers, including runways, terminals,
aprons, taxiways, centralised ground handling infrastructure
and any other facilities that directly support the airport
services, excluding infrastructure and equipment which is
primarily necessary for pursuing non-aeronautical activities;
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(145) ‘airline’ means any airline with a valid operating licence
issued by a Member State or a Member of the Common
European Aviation Area pursuant to Regulation (EC)
No 1008/2008 of the European Parliament and of the
Council (1);

(146) ‘airport’ means an entity or group of entities performing the

economic activity of providing airport services to airlines;

(147) ‘airport services’ means services provided to airlines by an

airport or any of its subsidiaries, to ensure the handling of
aircraft, from landing to take-off, and of passengers and
freight, so as to enable airlines to provide air transport
services, including the provision of ground handling services
and the provision of centralised ground handling
infrastructure;

(148) ‘average annual passenger traffic’ means a figure determined

on the basis of the inbound and outbound passenger traffic
during the two financial years preceding that in which the aid
is granted;

(149) ‘centralised ground handling infrastructure’ means infra­

structure which is normally operated by the airport manager
and put at the disposal of the various providers of ground
handling services active at the airport in exchange for remun­
eration, excluding equipment owned or operated by the
providers of ground handling services;

(150) ‘high-speed train’ means a train capable of reaching speeds of

over 200 km/h;

(151) ‘ground handling services’ means services provided to airport

users at airports as described in the Annex to Council
Directive 96/67/EC (2);

(152) ‘non-aeronautical activities’ means commercial services to

airlines or other users of the airport, including ancillary
services to passengers, freight forwarders or other service
providers, renting out of offices and shops, car parking and
hotels;

(153) ‘regional airport’ means an airport with average annual

passenger traffic of up to 3 million passengers;

Definitions for Aid for ports

(154) ‘port’ means an area of land and water made up of such
infrastructure and equipment, so as to permit the reception
of waterborne vessels, their loading and unloading, the
storage of goods, the receipt and delivery of those goods
and the embarkation and disembarkation of passengers, crew
and other persons and any other infrastructure necessary for
transport operators in the port;

(1) Regulation (EC) No 1008/2008 of the European Parliament and of the

Council of 24 September 2008 on common rules for the operation of air
services in the Community (OJ L 293, 31.10.2008, p. 3).
( ) Council Directive 96/67/EC of 15 October 1996 on access to the ground­
2

handling market at Community airports (OJ L 272, 25.10.1996, p. 36).

 02014R0651 — EN — 01.07.2023 — 006.001 — 45

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(155) ‘maritime port’ means a port for, principally, the reception of
sea-going vessels;

(156) ‘inland port’ means a port other than a maritime port, for the
reception of inland waterway vessels;

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(157) ‘port infrastructure’ means infrastructure and facilities for the
provision of transport related port services, for example berths
used for the mooring of ships, quay walls, jetties and floating
pontoon ramps in tidal areas, internal basins, backfills and
land reclamation, infrastructure for the collection of
ship-generated waste and cargo residues and recharging and
refuelling infrastructure in ports supplying vehicles, mobile
terminal equipment and mobile groundhandling equipment
with electricity, hydrogen, ammonia and methanol;

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(158) ‘port superstructure’ means surface arrangements (such as for
storage), fixed equipment (such as warehouses and terminal
buildings) as well as mobile equipment (such as cranes)
located in a port for the provision of transport related port
services;

(159) ‘access infrastructure’ means any type of infrastructure

necessary to ensure access and entry from land or sea and
river by users to a port, or in a port, such as roads, rail
tracks, channels and locks;

(160) ‘dredging’ means the removal of sediments from the bottom of

the waterway access to a port, or in a port;

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__________

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(162) ‘vessels’ mean floating structures, whether self-propelled or
not, with one or more surface displacement hulls;

(163) ‘sea-going vessels’ mean vessels other than those which

navigate solely or mainly in inland waterways or in waters
within, or closely adjacent to, sheltered waters;

(164) ‘inland waterway vessels’ mean vessels intended solely or

mainly for navigation on inland waterways or in waters
within, or closely adjacent to, sheltered waters;

(165) ‘infrastructure for the collection of ship-generated waste and

cargo residues’ means fixed, floating or mobile port facilities
capable of receiving ship-generated waste or cargo residues as
defined in Directive 2000/59/EC of the European Parliament
and of the Council (1).

(1) Directive 2000/59/EC of the European Parliament and of the Council of

27 November 2000 on port reception facilities for ship-generated waste and
cargo residues (OJ L 332, 28.12.2000, p. 81).
 02014R0651 — EN — 01.07.2023 — 006.001 — 46

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Definitions for aid involved in financial products
supported by the InvestEU Fund (terms defined under
other headings of this Article shall have the same
meaning as laid down therein also for aid involved in
financial products supported by the InvestEU Fund)
(166) ‘InvestEU Fund’, ‘EU guarantee’, ‘financial product’,
‘national promotional banks or institutions’ and ‘implementing
partner’ have the meaning set out in Article 2 of Regu­
lation (EU) 2021/523;

(167) ‘financial intermediary’ for the purposes of Section 16 means

a financial intermediary within the meaning of point (34), with
the exception of implementing partners;

(168) ‘commercial financial intermediary’ means a financial inter­

mediary which operates on a for profit basis and at full own
risk, without a public guarantee, national promotional banks or
institutions are not considered to be commercial financial
intermediaries;

(169) ‘TEN-T urban node’ has the meaning set out in Article 3,
point (p), of Regulation (EU) No 1315/2013 of the
European Parliament and of the Council (1);

(170) ‘new entrant’ means a railway undertaking within the meaning

of Article 3(1) of Directive 2012/34/EU of the European
Parliament and of the Council (2), which fulfils the following
conditions:

(a) it received a licence pursuant to Article 17(3) of Directive

2012/34/EU for the relevant market segment less than
20 years before the aid is granted;

(b) it is not linked within the meaning of Article 3(3) of

Annex I to this Regulation to a railway undertaking that
received a license within the meaning of Article 3(14) of
Directive 2012/34/EU prior to 1 January 2010;

(171) ‘urban transport’ means transport within a city or an agglom­

eration and its commuting zones;

(172) ‘ecosystem’, ‘biodiversity’ and ‘the good condition of an

ecosystem’ have the meaning set out in Article 2 of Regu­
lation (EU) 2020/852 of the European Parliament and of the
Council (3).

(1) Regulation (EU) No 1315/2013 of the European Parliament and of the

Council of 11 December 2013 on Union guidelines for the development of
the trans-European transport network and repealing Decision No 661/2010/EU
(OJ L 348, 20.12.2013, p. 1).
(2) Directive 2012/34/EU of the European Parliament and of the Council of
21 November 2012 establishing a single European railway area (OJ L 343,
14.12.2012, p. 32).
(3) Regulation (EU) 2020/852 of the European Parliament and of the Council of
18 June 2020 on the establishment of a framework to facilitate sustainable
investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020,
p. 13).
 02014R0651 — EN — 01.07.2023 — 006.001 — 47

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Article 3
Conditions for exemption

Aid schemes, individual aid granted under aid schemes and ad hoc aid
shall be compatible with the internal market within the meaning of
Article 107(2) or (3) of the Treaty and shall be exempted from the
notification requirement of Article 108(3) of the Treaty provided that
such aid fulfils all the conditions laid down in Chapter I of this Regu­
lation, as well as the specific conditions for the relevant category of aid
laid down in Chapter III of this Regulation.

Article 4
Notification thresholds

1. This Regulation shall not apply to aid which exceeds the following
thresholds:

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(a) for regional investment aid: for an investment with eligible costs of
EUR 110 million or more, the aid amounts per undertaking per
investment projects as set out below:

— in cases of maximum regional aid intensity of 10 %: EUR 8.25

million;

— in cases of maximum regional aid intensity of 15 %:

EUR 12.38 million;

— in cases of maximum regional aid intensity of 20 %: EUR 16.5

million;

— in cases of maximum regional aid intensity of 25 %:

EUR 20.63 million;

— in cases of maximum regional aid intensity of 30 %:

EUR 24.75 million;

— in cases of maximum regional aid intensity of 35 %:

EUR 28.88 million;

— in cases of maximum regional aid intensity of 40 %: EUR 33

million;

— in cases of maximum regional aid intensity of 50 %:

EUR 41.25 million;

— in cases of maximum regional aid intensity of 60 %: EUR 49.5

million;

— in cases of maximum regional aid intensity of 70 %:

EUR 57.75 million;

(b) for regional urban development aid, EUR 22 million as laid down
in Article 16(3);

(c) for investment aid to SMEs: EUR 8.25 million per undertaking per
investment project;

(d) for aid for consultancy in favour of SMEs: EUR 2.2 million per
undertaking, per project;
 02014R0651 — EN — 01.07.2023 — 006.001 — 48

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(e) for aid to SMEs for participation in fairs: EUR 2.2 million per
undertaking, per year;

(ea) for aid to microenterprises in the form of public interventions

concerning the supply of electricity, gas or heat referred to in
Article 19c: EUR 200 000 per beneficiary per calendar year. For
microenterprises active in the primary production of agricultural
products, this limit shall be EUR 25 000 per beneficiary per
calendar year, and for microenterprises active in the fishery and
aquaculture sectors, EUR 30 000 per beneficiary per calendar year;

(eb) for aid to SMEs in the form of temporary public interventions

concerning the supply of electricity, gas or heat produced from
natural gas or electricity to mitigate the impact of price increases
following Russia’s war of aggression against Ukraine referred to in
Article 19d: EUR 2 million per beneficiary per calendar year. For
SMEs active in the primary production of agricultural products,
this limit shall be EUR 250 000 per beneficiary per calendar year,
and for SMEs active in the fishery and aquaculture sectors,
EUR 300 000 per beneficiary per calendar year. Aid granted to
undertakings active in the processing and marketing of agricultural
products shall be conditional on not being partly or entirely passed
on to primary producers;

(f) for aid for undertakings participating in European Territorial Co­

operation projects: for aid under Article 20, EUR 2.2 million per
undertaking, per project; for aid under Article 20a, the amounts
laid down in Article 20a(2) per undertaking, per project;

(g) for risk finance aid: EUR 16.5 million per eligible undertaking as
laid down in Article 21(8) and Article 21a(2);

(h) for aid for start-ups: the amounts laid down per undertaking in
Article 22(3), (4), (5) and (7);

(i) for aid for research and development:

(i) if the project is predominantly fundamental research:

EUR 55 million per undertaking, per project; that is the
case where more than half of the eligible costs of the
project are incurred through activities which fall within the
category of fundamental research;

(ii) if the project is predominantly industrial research: EUR 35

million per undertaking, per project; that is the case where
more than half of the eligible costs of the project are
incurred through activities which fall within the category
of industrial research or within the categories of industrial
research and fundamental research taken together;
 02014R0651 — EN — 01.07.2023 — 006.001 — 49

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(iii) if the project is predominantly experimental development:
EUR 25 million per undertaking, per project; that is the
case where more than half of the eligible costs of the
project are incurred through activities which fall within the
category of experimental development;

(iv) if the project is a Eureka project, is implemented by a Joint

Undertaking established on the basis of Article 185 or of
Article 187 of the Treaty, or complies with the conditions set
out in Article 25(6), point (d), the amounts referred to in
points (i) to (iii) are doubled;

(v) if the aid for research and development projects is granted in

the form of repayable advances which, in the absence of an
accepted methodology to calculate their gross grant
equivalent, are expressed as a percentage of the eligible
costs and the measure provides that in case of a successful
outcome of the project, as defined on the basis of a
reasonable and prudent hypothesis, the advances will be
repaid with an interest rate at least equal to the discount
rate applicable at the time of grant, the amounts referred
to in points (i) to (iv) are increased by 50 %;

(vi) aid for feasibility studies in preparation for research

activities: EUR 8.25 million per study;

(vii) for aid for SMEs for research and development projects
awarded a Seal of Excellence quality label and implemented
under Article 25a, the amount referred to in Article 25a;

(viii) for aid Marie Skłodowska-Curie actions and ERC Proof of

Concept actions implemented under Article 25b, the amounts
referred to in Article 25b;

(ix) for aid involved in co-funded research and development

projects implemented under Article 25c, the amounts
referred to in Article 25c;

(x) for aid for Teaming actions, the amounts referred to in

Article 25d;

(xi) for aid involved in the co-funding of projects supported by

the European Defence Fund or the European Defence
Industrial Development Programme under Article 25e:
EUR 80 million per undertaking, per project;

(j) for investment aid for research infrastructures: EUR 35 million per
infrastructure;

(ja) for investment aid for testing and experimentation infrastructures:

EUR 25 million per infrastructure;

(k) for aid for innovation clusters: EUR 10 million per cluster;

(l) Innovation aid for SMEs: EUR 10 million per undertaking, per
project;
 02014R0651 — EN — 01.07.2023 — 006.001 — 50

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(m) for aid for process and organisational innovation: EUR 12.5
million per undertaking, per project;

(n) for training aid: EUR 3 million per training project;

(o) for aid for the recruitment of disadvantaged workers: EUR 5.5
million per undertaking, per year;

(p) for aid for the employment of workers with disabilities in the form
of wage subsidies: EUR 11 million per undertaking, per year;

(q) for aid for compensating the additional costs of employing workers
with disabilities: EUR 11 million per undertaking, per year;

(r) for aid for compensating the costs of assistance provided to disad­
vantaged workers: EUR 5.5 million per undertaking, per year;

(s) for investment aid for environmental protection, unless otherwise

specified: EUR 30 million per undertaking per investment project;

(sa) for aid for dedicated infrastructure and storage referred to in

Article 36(4): EUR 25 million per project;

(sb) for investment aid for recharging or refuelling infrastructure

referred to in Article 36a(1) and (2): EUR 30 million per under­
taking per project and, in the case of schemes, an average annual
budget of EUR 300 million;

(sc) for investment aid for the combined improvements of the energy
and environmental performance of buildings referred to in Articles
38a(7) and 39(2a): EUR 30 million per undertaking per project;

(sd) for aid for the facilitation of energy performance contracting

referred to in Article 38b: EUR 30 million of total nominal
outstanding financing per beneficiary;

(se) for investment aid for energy efficiency projects in buildings in the
form of financial instruments: the amounts set out in Article 39(5);

(sf) for aid in form of reduction of environmental taxes or levies

referred to in Article 44a: EUR 50 million per scheme per year;

__________

(v) for operating aid for the promotion of electricity from renewable
sources, as referred to in Article 42, and operating aid for the
promotion of energy from renewable sources and renewable
hydrogen in small projects and renewable energy communities,
as referred to in Article 43: EUR 30 million per undertaking per
project; the sum of the budgets of all the schemes falling under
Article 42 and the sum of the budgets of all the schemes falling
under Article 43 should respectively not exceed EUR 300 million
per year;
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(w) for aid for district heating and/or cooling systems, as referred to in
Article 46: EUR 50 million per undertaking per project;

(x) for aid for energy infrastructure, as referred to in Article 48:

EUR 70 million per undertaking per project;

(y) for aid for the deployment of fixed broadband networks awarded
in the form of a grant: EUR 100 million total costs per project; for
aid for fixed broadband networks awarded in the form of a
financial instrument the nominal amount of total financing
provided to any final beneficiary per project must not exceed
EUR 150 million;

(ya) for aid for the deployment of 4G or 5G mobile networks awarded

in the form of a grant: EUR 100 million total costs per project; for
aid for 4G or 5G mobile networks awarded in the form of a
financial instrument the nominal amount of total financing
provided to any final beneficiary per project must
not exceed EUR 150 million;

(yb) for aid for certain projects of common interest in the area of
trans-European digital connectivity infrastructures financed under
Regulation (EU) 2021/1153 or awarded a Seal of Excellence
quality label under that Regulation awarded in the form of a
grant: EUR 100 million total costs per project; for aid for
certain projects of common interest in the area of trans-European
digital connectivity infrastructures awarded in the form of a
financial instrument the nominal amount of total financing
provided to any final beneficiary per project must
not exceed EUR 150 million;

(yc) for aid in the form of connectivity vouchers schemes: the total
State aid budget over 24 months for all connectivity voucher
schemes in a Member State must not exceed EUR 50 million
(total amount including national and regional or local voucher
schemes);

(yd) for aid for the deployment of backhaul networks awarded in the
form of a grant: EUR 100 million total costs per project; for aid
for the deployment of backhaul networks awarded in the form of a
financial instrument the nominal amount of total financing
provided to any final beneficiary per project must not exceed
EUR 150 million;

(z) for investment aid for culture and heritage conservation: EUR 165
million per project; operating aid for culture and heritage conser­
vation: EUR 82.5 million per undertaking per year;

(aa) for aid schemes for audiovisual works: EUR 55 million per
scheme per year;

(bb) for investment aid for sport and multifunctional recreational infra­
structures: EUR 33 million or the total costs exceeding EUR 110
million per project; operating aid for sport infrastructure: EUR 2.2
million per infrastructure per year;

(cc) for investment aid for local infrastructures: EUR 11 million or the
total costs exceeding EUR 22 million for the same infrastructure;
 02014R0651 — EN — 01.07.2023 — 006.001 — 52

▼M1
(dd) for aid for regional airports: the aid intensities and aid amounts
laid down in Article 56a;

▼M6
(ee) for aid for maritime ports: eligible costs of EUR 143 million per
project (or EUR 165 million per project in a maritime port
included in the work plan of a Core Network Corridor as
referred to in Article 47 of Regulation (EU) No 1315/2013 of
the European Parliament and of the Council (1)); as regards
dredging a project is defined as all dredging carried out within 1
calendar year;

(ff) for aid for inland ports: eligible costs of EUR 44 million per
project (or EUR 55 million per project in an inland port
included in the work plan of a Core Network Corridor as
referred to in Article 47 of Regulation (EU) No 1315/2013); as
regards dredging a project is defined as all dredging carried out
within 1 calendar year;

▼M4
(gg) for aid involved in financial products supported by the InvestEU
Fund: the amounts laid down in Section 16 of Chapter III; and

▼M6
(hh) for aid to SMEs for costs incurred by participating in
community-led local development (‘CLLD’) projects: for aid
under Article 19a, EUR 2 million per undertaking, per project;
for aid under Article 19b, the amounts laid down in Article 19b(2)
per project.

▼B
2. The thresholds set out or referred to in paragraph 1 shall not be
circumvented by artificially splitting up the aid schemes or aid projects.

Article 5
Transparency of aid

1. This Regulation shall apply only to aid in respect of which it is

possible to calculate precisely the gross grant equivalent of the aid ex
ante without any need to undertake a risk assessment (‘transparent aid’).

2. The following categories of aid shall be considered to be trans­

parent:

(a) aid comprised in grants and interest rate subsidies;

(b) aid comprised in loans, where the gross grant equivalent has been
calculated on the basis of the reference rate prevailing at the time
of the grant;

(1) Regulation (EU) No 1315/2013 of the European Parliament and of the

Council of 11 December 2013 on Union guidelines for the development of
the trans-European transport network and repealing Decision No 661/2010/EU
(OJ L 348, 20.12.2013, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 53

▼B
(c) aid comprised in guarantees:

(i) where the gross grant equivalent has been calculated on the
basis of safe-harbour premiums laid down in a Commission
notice; or

(ii) where before the implementation of the measure, the

methodology to calculate the gross grant equivalent of the
guarantee has been accepted on the basis of the Commission
Notice on the application of Articles 87 and 88 of the EC
Treaty to State aid in the form of guarantees (1), or any
successor notice, following notification of that methodology
to the Commission under any regulation adopted by the
Commission in the State aid area applicable at the time, and
the approved methodology explicitly addresses the type of
guarantee and the type of underlying transaction at stake in
the context of the application of this Regulation;

(d) aid in the form of tax advantages, where the measure provides for
a cap ensuring that the applicable threshold is not exceeded;

(e) aid for regional urban development if the conditions laid down in
Article 16 are fulfilled;

▼M4
(ea) aid to undertakings for their participation in European Territorial
Cooperation projects under Article 20a, where it provides for a cap
ensuring that the applicable threshold laid down in Article 20a is
not exceeded;

▼M6
(f) aid comprised in risk finance measures if the conditions laid down
in Articles 21 and 21a are fulfilled;

▼B
(g) aid for start-ups if the conditions laid down in Article 22 are
fulfilled;

▼M6
(ga) aid for SMEs in the form of reduced access fees or free access to
innovation advisory services and innovation support services, as
defined in Article 2, points (94) and (95) respectively, offered for
example by research and knowledge dissemination organisations,
research infrastructures, testing and experimentation infrastructures
or innovation clusters based on an aid scheme provided that the
following conditions are met:

(i) the advantage consisting in reduced fees or free access

acquired is quantifiable and demonstrable;

(ii) the full or partial price discounts for services and the rules in
accordance with which SMEs may apply for and be selected
and granted discounts are made publicly available (through
web sites or other suitable means) before the service
provider starts offering the discounts;

(1) OJ C 155, 20.6.2008, p. 10.

 02014R0651 — EN — 01.07.2023 — 006.001 — 54

▼M6
(iii) the service provider shall keep records of the amounts of aid
granted to each SME in the form of price discounts to make
sure that the ceilings set out in Article 28(3) and (4) are
complied with. Such records shall be kept for 10 years from
the date on which the last aid was granted by the service
provider;

▼B
(h) aid for energy efficiency projects if the conditions laid down in
Article 39 are fulfilled;

(i) aid in the form of premiums in addition to the market price if the
conditions laid down in Article 42 are fulfilled;

(j) aid in the form of repayable advances, if the total nominal amount
of the repayable advance does not exceed the thresholds applicable
under this Regulation or if, before implementation of the measure,
the methodology to calculate the gross grant equivalent of the
repayable advance has been accepted following its notification to
the Commission ;

▼M1
(k) aid in the form of the sale or the lease of tangible assets below
market rates where the value is established either by an inde­
pendent expert evaluation prior to the transaction or by reference
to a publicly available, regularly updated and generally accepted
benchmark ;

▼M6
(l) aid involved in financial products supported by the InvestEU Fund,
if the conditions laid down in Chapter III, Section 16, are fulfilled;

(m) aid to microenterprises in the form of public interventions

concerning the supply of electricity, gas or heat, if the conditions
set out in Articles 19c are fulfilled;

(n) aid to SMEs in the form of temporary public interventions

concerning the supply of electricity, gas or heat produced from
natural gas or electricity to mitigate the impact of price increases
following Russia’s war of aggression against Ukraine, if the
conditions set out in Article 19d are fulfilled.

▼B

Article 6
Incentive effect

1. This Regulation shall apply only to aid which has an incentive

effect.

2. Aid shall be considered to have an incentive effect if the benefici­

ary has submitted a written application for the aid to the Member State
concerned before work on the project or activity starts. The application
for the aid shall contain at least the following information:

(a) undertaking's name and size;

(b) description of the project, including its start and end dates;

(c) location of the project;

 02014R0651 — EN — 01.07.2023 — 006.001 — 55

▼B
(d) list of project costs;

(e) type of aid (grant, loan, guarantee, repayable advance, equity

injection or other) and amount of public funding needed for the
project;

3. Ad hoc aid granted to large enterprises shall be considered to have

an incentive effect if, in addition to ensuring that the condition laid
down in paragraph 2 is fulfilled, the Member State has verified,
before granting the aid concerned, that documentation prepared by the
beneficiary establishes that the aid will result in one or more of the
following:

(a) in the case of regional investment aid: that a project is carried out,
which would not have been carried out in the area concerned or
would not have been sufficiently profitable for the beneficiary in the
area concerned in the absence of the aid.

(b) in all other cases, that there is:

— a material increase in the scope of the project/activity due to the

aid, or

— a material increase in the total amount spent by the beneficiary

on the project/activity due to the aid, or

— a material increase in the speed of completion of the project/

activity concerned;

4. By way of derogation from paragraphs 2 and 3, measures in the

form of tax advantages shall be deemed to have an incentive effect if
the following conditions are fulfilled:

(a) the measure establishes a right to aid in accordance with objective

criteria and without further exercise of discretion by the Member
State; and

(b) the measure has been adopted and is in force before work on the
aided project or activity has started, except in the case of fiscal
successor schemes, where the activity was already covered by the
previous schemes in the form of tax advantages.

5. By way of derogation from paragraphs 2, 3 and 4, the following

categories of aid are not required to have or shall be deemed to have an
incentive effect:

▼M1
(a) regional operating aid and regional urban development aid, where
the relevant conditions laid down in Articles 15 and 16 are
fulfilled;

▼M6
(b) aid for access to finance for SMEs, if the relevant conditions laid
down in Articles 21, 21a and 22 are fulfilled;

▼B
(c) aid for the recruitment of disadvantaged workers in the form of
wage subsidies and aid for the employment of workers with
disabilities in the form of wage subsidies, if the relevant conditions
laid down in Articles 32 and 33 respectively are fulfilled;

▼M1
(d) aid compensating for the additional costs of employing workers
with disabilities and aid for compensating the costs of assistance
provided to disadvantaged workers, where the relevant conditions
laid down in Articles 34 and 35 are fulfilled;
 02014R0651 — EN — 01.07.2023 — 006.001 — 56

▼B
(e) aid in the form of reductions in environmental taxes under
Directive 2003/96/EC, if the conditions laid down in Article 44
of this Regulation are fulfilled;

(f) aid to make good the damage caused by certain natural disasters, if
the conditions laid down in Article 50 are fulfilled;

(g) social aid for transport for residents of remote regions, if the
conditions laid down in Article 51 are fulfilled;

(h) aid for culture and heritage conservation, if the conditions laid
down in Article 53 are fulfilled;

▼M4
(i) aid for undertakings participating in European Territorial Cooper­
ation projects, if the relevant conditions in Article 20 or Article 20a
are fulfilled;

(j) aid for research and development projects awarded a Seal of

Excellence quality label, Marie Skłodowska-Curie actions and
ERC Proof of Concept actions awarded a Seal of Excellence
quality label, aid involved in co-funded projects and in
co-funded Teaming actions, if the relevant conditions laid down
in Article 25a, Article 25b, Article 25c or Article 25d are fulfilled;

(k) aid involved in financial products supported by the InvestEU Fund,

if the conditions laid down in Section 16 of Chapter III are
fulfilled;

▼M6
(l) aid for SMEs participating in or benefitting from community-led
local development (‘CLLD’) projects, if the relevant conditions in
Article 19a or 19b are fulfilled;

(m) aid for the remediation of environmental damage and the rehabili­
tation of natural habitats and ecosystems where the remediation or
rehabilitation costs exceed the increase in value of the land or
property and the conditions laid down in Article 45 are fulfilled;

(n) aid for the protection of biodiversity and the implementation of

nature-based solutions for climate change adaptation and mitigation
where the conditions laid down in Article 45 are fulfilled;

(o) aid for the promotion of energy from renewable energy sources
under Article 41, 42 and 43 when the aid is granted automatically
in accordance with objective and non-discriminatory criteria and
without further exercise of discretion by the Member State and the
measure has been adopted and is in force before work on the aided
project or activity has started;

(p) aid to microenterprises in the form of public interventions

concerning the supply of electricity, gas or heat, subject to the
conditions set out in Article 19c;
 02014R0651 — EN — 01.07.2023 — 006.001 — 57

▼M6
(q) aid to SMEs in the form of temporary public interventions
concerning the supply of electricity, gas or heat produced from
natural gas or electricity to mitigate the impact of price increases
following Russia’s war of aggression against Ukraine, subject to
the conditions set out in Article 19d.

▼B

Article 7
Aid intensity and eligible costs

▼M6
1. For the purposes of calculating aid intensity and eligible costs, all
figures used shall be taken before any deduction of tax or other charge.
Value added tax charged on eligible costs or expenses that is refundable
under the applicable national tax law shall, however, not be taken into
account for calculating aid intensity and eligible costs. The eligible costs
shall be supported by documentary evidence which shall be clear,
specific and contemporary. The amounts of eligible costs may be
calculated in accordance with simplified cost options, provided that an
operation is at least partly financed through a Union fund that allows the
use of simplified cost options and that the category of costs is eligible
according to the relevant exemption provision. In such case, the
simplified cost options provided in the relevant rules governing the
Union fund are applicable. In addition, for projects implemented in
line with Recovery and Resilience Plans as approved by the Council
under Regulation (EU) 2021/241 of the European Parliament and of the
Council (1), the amounts of eligible costs may also be calculated in
accordance with simplified cost options, provided that the simplified
cost options set out in Regulation (EU) No 1303/2013 or Regu­
lation (EU) 2021/1060 are used. In addition, for aid under Articles
25a and 25b, indirect costs can be calculated in accordance with the
rules laid down in the respective paragraph 3 of Articles 25a and 25b.

▼B
2. Where aid is granted in a form other than a grant, the aid amount
shall be the gross grant equivalent of the aid.

3. ►M1 Aid payable in the future, including aid payable in several

instalments, shall be discounted to its value at the moment it is
granted. ◄ The eligible costs shall be discounted to their value at the
moment the aid is granted. The interest rate to be used for discounting
purposes shall be the discount rate applicable at the moment the aid is
granted.

▼M1
__________

▼B
5. Where aid is granted in the form of repayable advances which, in
the absence of an accepted methodology to calculate their gross grant
equivalent, are expressed as a percentage of the eligible costs and the

(1) Regulation (EU) 2021/241 of the European Parliament and of the Council of
12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57,
18.2.2021, p. 17).
 02014R0651 — EN — 01.07.2023 — 006.001 — 58

▼B
measure provides that in case of a successful outcome of the project, as
defined on the basis of a reasonable and prudent hypothesis, the
advances will be repaid with an interest rate at least equal to the
discount rate applicable at the moment the aid is granted, the
maximum aid intensities laid down in Chapter III may be increased
by 10 percentage points.

6. Where regional aid is granted in the form of repayable advances,

the maximum aid intensities established in a regional aid map in force at
the moment the aid is granted may not be increased.

Article 8
Cumulation

1. In determining whether the notification thresholds in Article 4 and

the maximum aid intensities in Chapter III are respected, the total
amount of State aid for the aided activity or project or undertaking
shall be taken into account.

▼M6
2. Where Union funding centrally managed by the institutions,
agencies, joint undertakings or other bodies of the Union that is not
directly or indirectly under the control of the Member State is combined
with State aid, only the latter shall be considered for determining
whether notification thresholds and maximum aid intensities or
maximum aid amounts are respected, provided that the total amount
of public funding granted in relation to the same eligible costs does
not exceed the most favourable funding rate laid down in the applicable
rules of Union law. By way of derogation, the total public funding for
projects supported by the European Defence Fund may reach up to the
total eligible costs of the project, irrespective of the maximum funding
rate applicable under this fund, provided that the notification thresholds
and maximum aid intensities or maximum aid amounts under this Regu­
lation are respected.

▼B
3. Aid with identifiable eligible costs exempted by this Regulation
may be cumulated with:

(a) any other State aid, as long as those measures concern different
identifiable eligible costs,

▼M4
(b) any other State aid, in relation to the same eligible costs, partly or
fully overlapping, only if such cumulation does not result in
exceeding the highest aid intensity or aid amount applicable to
this aid under this Regulation.

Financing provided to the final beneficiaries with support from the

InvestEU Fund covered by Section 16 of Chapter III and the cost
covered by this financing shall not be considered for determining
compliance with the cumulation provisions laid down in the first
sentence of this point. Instead, the amount relevant for determining
compliance with the cumulation provisions of the first sentence of
this point shall be calculated as follows. First, the nominal amount
of the financing supported by the InvestEU Fund shall be deducted
 02014R0651 — EN — 01.07.2023 — 006.001 — 59

▼M4
from the total eligible project costs, obtaining the total remaining
eligible costs; second, the maximum aid shall be calculated by
applying the relevant highest aid intensity or aid amount only to
the total remaining eligible costs.

In cases of Articles for which the notification threshold is expressed

as a maximum aid amount, the nominal amount of financing
provided to the final beneficiaries with the support from the
InvestEU Fund shall also not be considered for determining
whether the notification thresholds in Article 4 are respected.

Alternatively, for senior loans or guarantees on senior loans

supported by the InvestEU Fund under Section 16 of Chapter III,
the gross grant equivalent of the aid entailed in such loans or
guarantees provided to the final beneficiaries may be calculated in
accordance with Article 5(2), point (b) or (c), as appropriate. This
gross grant equivalent of the aid can be used for ensuring, in line
with the first sentence of this point, that cumulation with any other
aid for the same identifiable eligible costs does not result in
exceeding the highest aid intensity or aid amount applicable to
the aid under this Regulation or the relevant notification threshold
under this Regulation.

4. Aid without identifiable eligible costs exempted under Articles

19b, 20a, 21, 21a, 22 or 23, Article 56e(5), point (a)(ii), (iii) or (iv),
Article 56e(10) and Article 56f may be cumulated with any other State
aid with identifiable eligible costs. Aid without identifiable eligible costs
may be cumulated with any other State aid without identifiable eligible
costs, up to the highest relevant total financing threshold fixed in the
specific circumstances of each case by this or another block exemption
regulation or decision adopted by the Commission. Aid without iden­
tifiable eligible costs exempted under this Regulation may be cumulated
with other aid without identifiable eligible costs granted to remedy a
serious disturbance in the economy of a Member State under
Article 107(3), point (b), of the Treaty approved in a decision
adopted by the Commission. Aid without identifiable eligible costs
exempted under Article 56e(5), point (a)(ii), (iii) or (iv), Article 56e(10)
and Article 56f may be cumulated with other aid without identifiable
eligible costs exempted under those Articles.

▼B
5. State aid exempted under this Regulation shall not be cumulated
with any de minimis aid in respect of the same eligible costs if such
cumulation would result in an aid intensity exceeding those laid down
in Chapter III of this Regulation.

6. By way of derogation from paragraph 3(b), aid in favour of

workers with disabilities, as provided for in Articles 33 and 34 may
be cumulated with other aid exempted under this Regulation in relation
to the same eligible costs above the highest applicable threshold under
this Regulation, provided that such cumulation does not result in an aid
intensity exceeding 100 % of the relevant costs over any period for
which the workers concerned are employed.
 02014R0651 — EN — 01.07.2023 — 006.001 — 60

▼M1
7. By way of derogation from paragraphs 1 to 6, in determining
whether the ceilings for regional operating aid in outermost regions,
as set out in Article 15(4), are respected, only regional operating aid
in outermost regions implemented under this Regulation shall be taken
into account.

Article 9
Publication and information

▼M6
1. The Member State concerned shall ensure the publication, in the
Commission’s transparency award module (1) or on a comprehensive
State aid website, at national or regional level, of:

(a) the summary information referred to in Article 11 in the stan­

dardised format laid down in Annex II or a link providing access
to it;

(b) the full text of each aid measure, as referred to in Article 11 or a

link providing access to the full text;

(c) the information referred to in Annex III on each individual aid

award exceeding EUR 100 000, or for aid involved in financial
products supported by the InvestEU fund under Section 16 on
each individual aid award exceeding EUR 500 000, or for bene­
ficiaries active in primary agricultural production or in the fishery
and aquaculture sector, other than those to which Section 2a applies,
on each individual aid award exceeding EUR 10 000.

As regards aid granted to European Territorial Cooperation projects as

referred to in Article 20, the information referred to in this paragraph
shall be placed on the website of the Member State in which the
managing authority concerned, as defined in Article 21 of Regu­
lation (EU) No 1299/2013 of the European Parliament and of the
Council (2), or Article 45 of Regulation (EU) 2021/1059 of the
European Parliament and of the Council (3), whichever is applicable,
is located. Alternatively, the participating Member States may decide
that each of them shall provide the information relating to the aid
measures within their territory on the respective websites.

The publication obligations laid down in the first subparagraph shall not
apply to aid granted to European Territorial Cooperation projects
referred to in Article 20a, as well as community-led local development
(‘CLLD’) projects under Article 19b.

(1) State Aid Transparency Public Search, available at: https://webgate.ec.europa.eu/

competition/transparency/public?lang=en.
(2) Regulation (EU) No 1299/2013 of the European Parliament and of the
Council of 17 December 2013 on specific provisions for the support from
the European Regional Development Fund to the European territorial cooper­
ation goal (OJ L 347, 20.12.2013, p. 259).
(3) Regulation (EU) 2021/1059 of the European Parliament and of the Council of
24 June 2021 on specific provisions for the European territorial cooperation
goal (Interreg) supported by the European Regional Development Fund and
external financing instruments (OJ L 231, 30.6.2021, p. 94).
 02014R0651 — EN — 01.07.2023 — 006.001 — 61

▼M6
2. For schemes in the form of tax advantages, and for schemes
covered by Articles 16, 21a and 22 (1) the conditions set out in
paragraph 1, first subparagraph, point (c), of this Article shall be
considered fulfilled if Member States publish the required information
on individual aid amounts in the following ranges (in EUR million):

0.01-0.1 (only for fishery and aquaculture as well as primary agri­

cultural production);

0.1-0.5;

0.5-1;

1-2;

2-5;

5-10;

10-30; and

30 and more.

▼B
3. For schemes under Article 51 of this Regulation, the publication
obligations laid down in this article shall not apply to final consumers.

▼M4
3a. If a financial product has been implemented by a Member State
under the InvestEU Member State compartment or by a national promo­
tional bank acting as an implementing partner or acting as a financial
intermediary under InvestEU, the Member State remains under the obli­
gation to ensure the publication of information as laid down in
paragraph 1, first subparagraph, point (c). However, this obligation is
deemed to be fulfilled if the implementing partner provides to the
Commission the information as laid down in paragraph 1, first
subparagraph, point (c), no later than 30 June of the year following
the financial year in which the aid was granted and if the guarantee
agreement signed between the Commission and the implementing
partner stipulates the requirement to provide to the Commission the
information as laid down in paragraph 1, first subparagraph, point (c).

▼M6
4. The information referred to in paragraph 1, point (c), shall be
organised and accessible in a standardised manner, as described in
Annex III, and shall allow for effective search and download functions.
It shall be published within 6 months from the date the aid was granted,
or for aid in the form of tax advantages, within 1 year from the date the
tax declaration is due, and shall be available for at least 10 years from
the date on which the aid was granted. For aid in the form of tax
advantages, if there is no formal requirement for an annual declaration,
31 December of the year for which the aid was granted will be
considered as the granting date for the purposes of this paragraph.

▼B
5. The Commission shall publish on its website:

(a) the links to the State aid websites referred to in paragraph 1 of this
Article;

(1) For schemes under Articles 16, 21a and 22 of the present Regulation, the
requirement to publish information on each individual award exceeding
EUR 100 000 can be waived with respect to SMEs which have not carried
out any commercial sale in any market.
 02014R0651 — EN — 01.07.2023 — 006.001 — 62

▼B
(b) the summary information referred to in Article 11.

6. Member States shall comply with the provisions of this Article at

the latest within two years after the entry into force of this Regulation.

CHAPTER II

MONITORING

Article 10
Withdrawal of the benefit of the block exemption

Where a Member State grants aid allegedly exempted from the notifi­
cation requirement under this Regulation without fulfilling the
conditions set out in Chapters I to III, the Commission may, after
having provided the Member State concerned with the possibility to
make its views known, adopt a decision stating that all or some of
the future aid measures adopted by the Member State concerned
which would otherwise fulfil the requirements of this Regulation, are
to be notified to the Commission in accordance with Article 108(3) of
the Treaty. The measures to be notified may be limited to the measures
granting certain types of aid or in favour of certain beneficiaries or aid
measures adopted by certain authorities of the Member State concerned.

▼M2
Article 11
Reporting

▼M4
1. Member States, or in the case of aid granted to European Terri­
torial Cooperation projects under Article 20, alternatively the Member
State in which the Managing Authority, as defined in Article 21 of
Regulation (EU) No 1299/2013, or Article 45 of Regulation (EU)
2021/1059, whichever is applicable, is located, shall transmit to the
Commission:

(a) via the Commission’s electronic notification system, the summary

information about each aid measure exempted under this Regulation
in the standardised format laid down in Annex II, together with a
link providing access to the full text of the aid measure, including
its amendments, within 20 working days following its entry into
force; and

(b) an annual report, as referred to in Commission Regulation (EC)

No 794/2004 (1) in electronic form, on the application of this Regu­
lation, containing the information indicated in that Regulation, in
respect of each whole year or each part of the year during which
this Regulation applies. For financial products implemented by a
Member State under the InvestEU Member State compartment or
by a national promotional bank acting as an implementing partner
or acting as a financial intermediary under InvestEU, this obligation
of the Member State is deemed to be fulfilled if the implementing
partner provides the annual reports to the Commission, in
accordance with the relevant reporting requirements laid down in
the guarantee agreement signed between the Commission and the
implementing partner.

(1) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing

Council Regulation (EU) 2015/1589 laying down detailed rules for the appli­
cation of Article 108 of the Treaty on the Functioning of the European Union
(OJ L 140, 30.4.2004, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 63

▼M6
The first subparagraph shall not apply in respect of aid granted to
European Territorial Cooperation projects referred to in Article 20a,
as well as to community-led local development (‘CLLD’) projects as
referred to in Article 19b.

▼M2
2. Where, as a consequence of the extension of the application period
of this Regulation until 31 December 2023 by Commission Regu­
lation (EU) 2020/972 (1), a Member State plans to extend measures in
respect of which the summary information was submitted to the
Commission in accordance with paragraph 1 of this Article, that
Member State shall update that summary information regarding the
extension of those measures and communicate that update to the
Commission within 20 working days following the entry into force of
the act which extends the respective measure by the Member State.

▼M1
Article 12
Monitoring

▼M4
1. In order to enable the Commission to monitor the aid exempted
from notification by this Regulation, Member States, or alternatively, in
the case of aid granted to European Territorial Cooperation projects
referred to in Article 20, the Member State in which the Managing
Authority is located, shall maintain detailed records with the information
and supporting documentation necessary to establish that all the
conditions laid down in this Regulation are fulfilled. Such records
shall be kept for 10 years from the date on which the ad hoc aid
was granted or the last aid was granted under the scheme.

The first subparagraph shall not apply in respect of aid granted to

European Territorial Cooperation projects referred to in Article 20a,
as well as to European Innovation Partnership for agricultural produc­
tivity and sustainability Operational Group projects and to
community-led local development (‘CLLD’) projects as referred to
Article 19b.

▼M1
2. In the case of schemes under which fiscal aid is granted auto­
matically, such as those based on tax declarations of the beneficiaries,
and where there is no ex ante verification that all compatibility
conditions are met for each beneficiary, Member States shall regularly
verify, at least ex post and on a sample basis, that all compatibility
conditions are met, and draw the necessary conclusions. Member
States shall maintain detailed records of the verifications for at least
10 years from the date of the controls.

3. The Commission may request, from each Member State, all the
information and supporting documentation which the Commission
considers necessary to monitor the application of this Regulation,

(1) Commission Regulation (EU) 2020/972 of 2 July 2020 amending Regu­

lation (EU) No 1407/2013 as regards its prolongation and amending
Regulation (EU) No 651/2014 as regards its prolongation and relevant
adjustments (OJ L 215, 7.7.2020, p. 3).
 02014R0651 — EN — 01.07.2023 — 006.001 — 64

▼M1
including the information mentioned in paragraphs 1 and 2. The
Member State concerned shall provide the Commission with the
requested information and supporting documents within a period of
20 working days from receipt of the request or such longer period as
may be fixed in the request.

▼B

CHAPTER III

SPECIFIC PROVISIONS FOR DIFFERENT CATEGORIES OF AID

SECTION 1

Regional aid

Subsection A
Regional investment and operating aid
▼M6
Article 13
Scope of regional aid

This Section shall not apply to:

(a) aid in the steel sector, the lignite sector and the coal sector;

(b) aid to the transport sector as well as the related infrastructure; aid
for energy generation, storage, transmission, distribution and infra­
structure, except for regional investment aid in outermost regions
and regional operating aid schemes; and aid in the broadband sector
except for regional operating aid schemes;

(c) regional aid in the form of schemes which are targeted at a limited
number of specific sectors of economic activity; schemes aimed at
tourism activities or processing and marketing of agricultural
products are not considered to be targeted at specific sectors of
economic activity;

(d) regional operating aid granted to undertakings whose principal

activities fall under Section K ‘Financial and insurance activities’
of the NACE Rev. 2 or to undertakings that perform intra-group
activities whose principal activities fall under classes 70.10
‘Activities of head offices’ or 70.22 ‘Business and other
management consultancy activities’ of NACE Rev. 2.

▼B

Article 14
Regional investment aid

1. Regional investment aid measures shall be compatible with the

internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The aid shall be granted in assisted areas.

 02014R0651 — EN — 01.07.2023 — 006.001 — 65

▼M6
3. In assisted areas fulfilling the conditions of Article 107(3),
point (a), of the Treaty, the aid may be granted for any form of
initial investment regardless of the size of the beneficiary. In assisted
areas fulfilling the conditions of Article 107(3), point (c), of the Treaty,
the aid may be granted to SMEs for any form of initial investment and
to large enterprises only for an initial investment that creates a new
economic activity in the area concerned.

4. The eligible costs shall be one or several of the following:

(a) investment costs in tangible and intangible assets; or

(b) the estimated wage costs of employment created as a result of an

initial investment, calculated over 2 years; or

(c) a combination of part of the costs referred to in points (a) and (b)
but not exceeding the amount of point (a) or (b), whichever is
higher.

5. The investment shall be maintained in the area concerned for at

least 5 years, or 3 years for SMEs, after the completion of the
investment. This shall not prevent the replacement of a plant or
equipment that has become outdated or broken within this period,
provided that the economic activity is retained in the area concerned
for the minimum period.

6. The assets acquired shall be new except for SMEs and for the
acquisition of an establishment.

Costs related to the lease of tangible assets may be taken into account
under the following conditions:

(a) for land and buildings, the lease must continue for at least 5 years
after the expected date of completion of the investment for large
enterprises, and 3 years for SMEs;

(b) for plant or machinery, the lease must take the form of financial
leasing and must contain an obligation for the aid beneficiary to
purchase the asset at the expiry of the term of the lease.

In the case of an initial investment as referred to in Article 2, point 49(b)

or point 51(b), in principle only the costs of buying the assets from third
parties unrelated to the buyer shall be taken into consideration.
However, if a member of the family of the original owner, or one or
more employees, takes over a small enterprise, the condition that the
assets shall be bought from third parties unrelated to the buyer does not
apply. The transaction shall take place under market conditions. If the
acquisition of the assets of an establishment is accompanied by an
additional investment eligible for regional aid, the eligible costs of
that additional investment should be added to the cost of acquisition
of the assets of the establishment. If aid has already been granted for the
acquisition of assets prior to their purchase, the costs of those assets
shall be deducted from the eligible costs related to the acquisition of an
establishment.
 02014R0651 — EN — 01.07.2023 — 006.001 — 66

▼M6
7. For aid awarded to large enterprises for a fundamental change in
the production process, the eligible costs shall exceed the depreciation
of the assets linked to the activity to be modernised over the preceding
3 fiscal years. For aid awarded to large enterprises or SMEs for a
diversification of an existing establishment, the eligible costs shall
exceed by at least 200 % the book value of the reused assets, as
registered in the fiscal year preceding the start of works.

▼B
8. Intangible assets are eligible for the calculation of investment costs
if they fulfil the following conditions:

(a) they must be used exclusively in the establishment receiving the

aid;

(b) they must be amortisable;

(c) they must be purchased under market conditions from third parties
unrelated to the buyer; and

▼M6
(d) they must be included in the assets of the undertaking that receives
the aid and must remain associated with the project for which the
aid is awarded for at least 5 years (3 years for SMEs).

For large enterprises, costs of intangible assets shall be eligible only up

to 50 % of the total eligible investment costs for the initial investment.
For SMEs, 100 % of the costs of intangible assets shall be eligible.

▼B
9. Where eligible costs are calculated by reference to the estimated
wage costs as referred to in paragraph 4(b), the following conditions
shall be fulfilled:

▼M6
(a) the investment project shall lead to a net increase in the number of
employees in the establishment concerned compared to the average
over the previous 12 months, after deducting from the number of
jobs created any job losses that occurred during that period,
expressed in annual labour units;

(b) each post shall be filled within 3 years of completion of the

investment;

▼M4
(c) each job created through the investment shall be maintained in the
area concerned for a period of at least five years from the date the
post was first filled, or three years in the case of SMEs, except if
the job is lost between 1 January 2020 and 30 June 2021.

▼M6
__________
 02014R0651 — EN — 01.07.2023 — 006.001 — 67

▼B
12. ►M6 The aid intensity shall not exceed the maximum aid
intensity established in the regional aid map which is in force at the
time the aid is awarded in the area concerned. ◄ Where the aid
intensity is calculated on the basis of paragraph 4(c), the maximum
aid intensity shall not exceed the most favourable amount resulting
from the application of that intensity on the basis of investment costs
or wage costs. For large investment projects the aid amount shall not
exceed the adjusted aid amount calculated in accordance with the
mechanism defined in Article 2, point 20;

13. ►M6 Any initial investment related to the same or a similar

activity started by the same beneficiary (at group level) within a period
of 3 years from the date of start of works on another aided investment
in the same level 3 region of the Nomenclature of Territorial Units for
Statistics shall be considered to be part of a single investment
project. ◄ Where such single investment project is a large investment
project, the total aid amount for the single investment project shall not
exceed the adjusted aid amount for large investment projects.

▼M6
14. The aid beneficiary shall provide a financial contribution of at
least 25 % of the eligible costs through its own resources or by external
financing, in a form that is free of any public support. The 25 % own
contribution requirement shall not apply to investment aid granted for
investment in the outermost regions insofar as a lower contribution is
necessary to fully accommodate the maximum aid intensity.

15. For an initial investment linked to European territorial cooper­

ation projects covered by Regulation (EU) No 1299/2013 or Regu­
lation (EU) 2021/1059, the aid intensity of the area in which the
initial investment is located shall apply to all beneficiaries participating
in the project. If the initial investment is located in two or more assisted
areas, the maximum aid intensity shall be the one applicable in the
assisted area where the highest amount of eligible costs are incurred.
In assisted areas eligible for aid under Article 107(3), point (c), of the
Treaty, this provision shall apply to large enterprises only if the initial
investment creates a new economic activity.

▼M1
16. The beneficiary shall confirm that it has not carried out a relo­
cation to the establishment in which the initial investment for which aid
is requested is to take place, in the two years preceding the application
for aid and give a commitment that it will not do so up to a period of
two years after the initial investment for which aid is requested is
completed. ►M2 With regard to commitments given prior to
31 December 2019, any loss of jobs, in the same or similar activity
in one of the initial establishments of the beneficiary in the EEA,
occurring between 1 January 2020 and 30 June 2021, shall not be
considered a transfer within the meaning of Article 2(61a) of this
Regulation. ◄

17. In the fisheries and aquaculture sector, aid shall not be granted to
undertakings that have committed one or more of the infringements set
out in Article 10(1)(a) to (d) and Article 10(3) of Regulation (EU)
No 508/2014 of the European Parliament and of the Council (1) and
for operations of Article 11 of that Regulation.

(1) Regulation (EU) No 508/2014 of the European Parliament and of the Council
of 15 May 2014 on the European Maritime and Fisheries Fund and repealing
Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC)
No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011
of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 68

▼M1
Article 15
Regional operating aid

1. Regional operating aid schemes in outermost regions, sparsely

populated areas and very sparsely populated areas shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. In sparsely populated areas, the regional operating aid schemes

shall compensate for the additional transport costs of goods which
have been produced in areas eligible for operating aid, as well as
additional transport costs of goods that are further processed in those
areas, under the following conditions:

(a) the aid is objectively quantifiable in advance on the basis of a fixed

sum or per tonne/kilometre ratio or any other relevant unit;

▼M6
(b) the additional transport costs are calculated on the basis of the
journey of the goods inside the national border of the Member
State concerned using the means of transport which results in the
lowest costs for the beneficiary. The Member State may impose
environmental standards to be fulfilled by the mode of transport
chosen, and if such standards are imposed on the beneficiary it
may base the calculation of the additional transport costs on the
lowest cost for fulfilling those environmental standards.

▼M1
The aid intensity shall not exceed 100 % of the additional transport
costs as set out in this paragraph.

▼M6
3. In sparsely and very sparsely populated areas, the regional
operating aid schemes shall prevent or reduce depopulation under the
following conditions:

▼M1
(a) the beneficiaries have their economic activity in the area concerned;

(b) the annual aid amount per beneficiary under all operating aid
schemes does not exceed 20 % of the annual labour costs
incurred by the beneficiary in the area concerned.

4. ►C1 In outermost regions, the operating aid schemes shall

compensate for the additional operating costs incurred in those
regions as a direct result of one or several of the permanent
handicaps referred to in Article 349 of the Treaty, where the bene­
ficiaries have their economic activity in an outermost region provided
that the annual aid amount per beneficiary under all operating aid
schemes implemented under this Regulation does not exceed one of
the following percentages: ◄
 02014R0651 — EN — 01.07.2023 — 006.001 — 69

▼M1
(a) 35 % of the gross value added annually created by the beneficiary
in the outermost region concerned;

(b) 40 % of the annual labour costs incurred by the beneficiary in the

outermost region concerned;

(c) 30 % of the annual turnover of the beneficiary realised in the

outermost region concerned.

▼B

Subsection B
Urban development aid

Article 16
Regional urban development aid

1. Regional urban development aid shall be compatible with the

internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. Urban development projects shall fulfil the following criteria:

(a) they are implemented via urban development funds in assisted

areas;

(b) they are co-financed by the European Structural and Investment

Funds;

(c) they support the implementation of an ‘integrated sustainable urban

development strategy’;

▼M6
3. The total investment in an urban development project under any
urban development aid measure shall not exceed EUR 22 million.

▼M4
4. The eligible costs shall be the overall costs of the urban develop­
ment project to the extent that they comply with Articles 37 and 65 of
Regulation (EU) No 1303/2013, or Articles 67 and 68 of Regu­
lation (EU) 2021/1060, whichever is applicable.

▼B
5. Aid granted by an urban development fund to the eligible urban
development projects may take the form of equity, quasi-equity, loans,
guarantees, or a mix thereof.

▼M6
6. The urban development aid shall leverage additional investment
from independent private investors as defined in Article 2 point (72) at
the level of the urban development funds or the urban development
projects, so as to achieve an aggregate amount reaching a minimum
of 20 % of the total financing provided to an urban development
project.

▼B
7. Private and public investors may provide cash or an in-kind
contribution or a combination of those for the implementation of an
urban development project. An in-kind contribution shall be taken
into account at its market value, as certified by an independent
qualified expert or duly authorised official body.
 02014R0651 — EN — 01.07.2023 — 006.001 — 70

▼B
8. The urban development measures shall fulfil the following
conditions:

(a) urban development fund managers shall be selected through an

open, transparent and non-discriminatory call in accordance with
the applicable Union and national laws. In particular, there shall
be no discrimination between urban development fund managers
on the basis of their place of establishment or incorporation in
any Member State. Urban development fund managers may be
required to fulfil predefined criteria objectively justified by the
nature of the investments;

(b) the independent private investors shall be selected through an open,

transparent and non-discriminatory call in accordance with
applicable Union and national laws aimed at establishing the appro­
priate risk-reward sharing arrangements whereby, for investments
other than guarantees, asymmetric profit-sharing shall be given pref­
erence over downside protection. If the private investors are not
selected by such a call, the fair rate of return to the private
investors shall be established by an independent expert selected
via an open, transparent and non-discriminatory call;

(c) in the case of asymmetric loss-sharing between public and private

investors, the first loss assumed by the public investor shall be
capped at 25 % of the total investment;

(d) in the case of guarantees to private investors in urban development

projects, the guarantee rate shall be limited to 80 % and total losses
assumed by a Member State shall be capped at 25 % of the
underlying guaranteed portfolio;

(e) the investors shall be allowed to be represented in the governance

bodies of the urban development fund, such as the supervisory
board or the advisory committee;

(f) the urban development fund shall be established according to the

applicable laws. The Member State shall provide for a due diligence
process in order to ensure a commercially sound investment strategy
for the purpose of implementing the urban development aid
measure.

9. Urban development funds shall be managed on a commercial basis

and shall ensure profit-driven financing decisions. This is considered to
be the case when the managers of the urban development fund fulfill the
following conditions:

(a) the managers of urban development funds shall be obliged by law

or contract to act with the diligence of a professional manager in
good faith and avoiding conflicts of interest; best practices and
regulatory supervision shall apply;

(b) the remuneration of the managers of urban development funds shall

conform to market practices. This requirement is considered to be
met where a manager is selected through an open, transparent and
non-discriminatory call, based on objective criteria linked to
experience, expertise and operational and financial capacity;
 02014R0651 — EN — 01.07.2023 — 006.001 — 71

▼B
(c) the managers of urban development funds shall receive a remuner­
ation linked to performance, or shall share part of the investment
risks by co-investing own resources so as to ensure that their
interests are permanently aligned with the interests of the public
investors;

(d) the managers of urban development funds shall set out an

investment strategy, criteria and the proposed timing of investments
in urban development projects, establishing the ex ante financial
viability and their expected impact on urban development;

(e) a clear and realistic exit strategy shall exist for each equity and
quasi-equity investment.

10. Where an urban development fund provides loans or guarantees

to urban development projects, the following conditions shall be
fulfilled:

(a) in the case of loans, the nominal amount of the loan is taken into
account in calculating the maximum investment amount for the
purposes of paragraph 3 of this Article;

(b) in the case of guarantees, the nominal amount of the underlying

loan is taken into account in calculating the maximum investment
amount for the purposes of paragraph 3 of this Article.

11. The Member State may assign the implementation of the urban
development aid measure to an entrusted entity.

SECTION 2

Aid to SMEs

Article 17
Investment aid to SMEs

1. Investment aid to SMEs operating inside or outside the territory of

the Union shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty, provided
that the conditions laid down in this Article and in Chapter I are
fulfilled.

▼M6
2. The eligible costs shall be one or several of the following:

(a) the costs of investment in tangible and intangible assets, including

one-off non-amortizable costs linked directly to the investment and
its initial installation;

(b) the estimated wage costs of employment directly created by the

investment project, calculated over 2 years;

(c) a combination of part of the costs referred to in points (a) and (b)
but not exceeding the amount of point (a) or (b), whichever is
higher.

3. In order to be considered an eligible cost for the purposes of this

Article, an investment shall consist of the following:
 02014R0651 — EN — 01.07.2023 — 006.001 — 72

▼M6
(a) an investment in tangible and intangible assets related to the
setting-up of a new establishment; the extension of an existing
establishment; the diversification of the output of an establishment
into products or services not previously produced in or provided
from the establishment; or a fundamental change in the overall
production process of the product(s) or overall provision of the
service(s) concerned by the investment in the establishment; or

(b) an acquisition of assets belonging to an establishment that has

closed or would have closed had it not been purchased. Sole
acquisition of the shares of an undertaking does not qualify as
investment. The transaction shall take place under market
conditions. In principle, only the costs of buying the assets from
third parties unrelated to the buyer shall be taken into consideration.
However, if a member of the family of the original owner, or one or
more employees, takes over a small enterprise, the condition that the
assets shall be bought from third parties unrelated to the buyer does
not apply.

A replacement investment thus does not constitute an investment in the

meaning of this paragraph.

3a. Costs related to the lease of tangible assets may be taken into
account under the following conditions:

(a) for land and buildings, the lease must continue for at least 3 years
after the expected date of completion of the investment;

(b) for plant or machinery, the lease must take the form of financial
leasing and must contain an obligation for the aid beneficiary to
purchase the asset at the expiry of the term of the lease.

▼B
4. Intangible assets shall fulfil all of the following conditions:

(a) they shall be used exclusively in the establishment receiving the aid;

▼M6
(b) they shall be amortisable;

▼B
(c) they shall be purchased under market conditions from third parties
unrelated to the buyer;

▼M6
(d) they shall be included in the assets of the undertaking that receives
the aid for at least 3 years.

▼B
5. Employment directly created by an investment project shall fulfil
the following conditions:

(a) it shall be created within three years of completion of the

investment;

(b) there shall be a net increase in the number of employees in the

establishment concerned, compared with the average over the
previous 12 months;

(c) it shall be maintained during a minimum period of three years from

the date the post was first filled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 73

▼B
6. The aid intensity shall not exceed:

(a) 20 % of the eligible costs in the case of small enterprises;

(b) 10 % of the eligible costs in the case of medium-sized enterprises.

Article 18
Aid for consultancy in favour of SMEs

1. Aid for consultancy in favour of SMEs shall be compatible with

the internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The aid intensity shall not exceed 50 % of the eligible costs.

3. The eligible costs shall be the costs of consultancy services

provided by external consultants.

4. The services concerned shall not be a continuous or periodic

activity nor relate to the undertaking's usual operating costs, such as
routine tax consultancy services, regular legal services or advertising.

Article 19
Aid to SMEs for participation in fairs

1. Aid to SMEs for participation in fairs shall be compatible with the

internal market within the meaning of Article 107(3) of the Treaty and
shall be exempted from the notification requirement of Article 108(3) of
the Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The eligible costs shall be the costs incurred for renting, setting up
and running the stand for the participation of an undertaking in any
particular fair or exhibition.

3. The aid intensity shall not exceed 50 % of the eligible costs.

▼M6
Article 19a
Aid for costs incurred by SMEs participating in community-led
local development (‘CLLD’) projects

1. Aid for costs incurred by SMEs participating in CLLD projects

covered by Regulation (EU) No 1303/2013 or Regu­
lation (EU) 2021/1060 shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided the conditions laid down in this Article and in
Chapter I are fulfilled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 74

▼M6
2. The following costs, set out in Article 35(1) of Regulation (EU)
No 1303/2013 or Article 34(1) of Regulation (EU) 2021/1060,
whichever is applicable, shall be eligible for CLLD projects:

(a) the costs of preparatory support, capacity building, training and

networking with a view of preparing and implementing a CLLD
strategy;

(b) implementation of approved operations;

(c) preparation and implementation of the cooperation activities;

(d) running costs linked to the management of the implementation of

the CLLD strategy;

(e) animation of the CLLD strategy in order to facilitate exchange

between stakeholders to provide information and to promote the
strategy and projects, and to support potential beneficiaries with a
view of developing operations and preparing applications.

3. The aid intensity shall not exceed the maximum support rates
provided for in the Fund specific Regulations supporting CLLD.

Article 19b
Limited amounts of aid to SMEs benefitting from community-led
local development (‘CLLD’) projects

1. Aid to undertakings participating in, or benefitting from, CLLD

projects, as referred to in Article 19a(1), shall be compatible with the
internal market within the meaning of Article 107(3) of the Treaty and
shall be exempted from the notification requirement of Article 108(3) of
the Treaty, provided the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The total amount of aid under this Article granted per project shall
not exceed EUR 200 000.

Article 19c
Aid to microenterprises in the form of public interventions
concerning the supply of electricity, gas or heat

1. Aid to microenterprises in the form of of public interventions

concerning the supply of electricity, gas or heat shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled. This Article shall apply to:

(a) public interventions in price setting reducing the prices applied by

suppliers to microenterprises per unit of electricity, gas or heat;

(b) payments made to microenterprises, be it directly or via suppliers,

per unit of electricity, gas or heat consumption compensating for
part of the costs of that consumption.
 02014R0651 — EN — 01.07.2023 — 006.001 — 75

▼M6
2. The measures pursuant to paragraph 1 shall:

(a) discriminate neither between suppliers nor between

microenterprises;

(b) provide that all suppliers are eligible to provide offers for the supply
of electricity, gas or heat to microenterprises on the same basis;

(c) provide for a mechanism that, if granted via a supplier, ensures that
the aid is passed on to the largest extent possible the final bene­
ficiary; and

(d) result in a price that is above cost, at a level where effective price
competition can occur.

3. The aid amount shall be equal to the payment granted or, in the
case of public interventions in price setting, shall not exceed the
difference between the market price that would have had to be paid
for the total electricity, gas and/or heat consumed by a beneficiary, and
the price to be paid for this consumption following the public
intervention.

Article 19d
Aid to SMEs in the form of temporary public interventions
concerning the supply of electricity, gas or heat produced from
natural gas or electricity to mitigate the impact of price increases
following Russia’s war of aggression against Ukraine

1. Aid to SMEs in the form of public interventions concerning the

supply of electricity, gas or heat, to the extent it is produced from
natural gas or electricity, shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled. This Article shall apply to:

(a) public interventions in price setting reducing the prices applied by

suppliers per unit of electricity, gas or heat;

(b) payments granted to SMEs, be it directly or via suppliers, per unit

of electricity, gas or heat consumption compensating for part of the
costs of that consumption.

2. The measures pursuant to paragraph 1 shall:

(a) be limited to maximum 70 % of the beneficiary's consumption of

electricity, gas or heat produced from natural gas or electricity over
the period covered by the aid measure;

(b) discriminate neither between suppliers nor between SMEs;

(c) provide for compensation of suppliers, if the public intervention

requires them to supply below cost;
 02014R0651 — EN — 01.07.2023 — 006.001 — 76

▼M6
(d) provide that all suppliers are eligible to provide offers for the supply
of electricity, gas or heat on the same basis;

(e) provide for a mechanism that, if granted via a supplier, ensures that
the aid is passed on to the largest extent possible to the final bene­
ficiary; and

(f) result in an average unit price of supplies at least equal to the

average price per unit of electricity, gas, or heat respectively to
final customers in the Member State concerned over the period
from 1 January to 31 December 2021.

3. Payments made to suppliers for supplies provided to SMEs, as

imposed by public interventions in price setting below the cost of the
supplier, shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty, provided
that:

(a) the public intervention in price setting meets the requirements set
out in paragraph 2; and

(b) the compensation payment shall not exceed the difference between
the price that the supplier could have expected to achieve when
applying market-based supply prices without the intervention and
the price set below cost by the public intervention.

4. This Article shall apply to aid granted for the cost of electricity,
gas or heat which is consumed during a period where public inter­
ventions in price setting for the benefit of SMEs that receive supplies
of either gas, electricity or heat are expressly allowed pursuant to
secondary legislation based on Article 122 of the Treaty. The
granting of aid shall occur no later than 12 months after the end of
this period.

5. The aid amount shall be equal to the payment granted either to the
SME or the supplier, or, in the case of public interventions in price
setting, shall not exceed the difference between the market price that
would have had to be paid for the total energy consumed by a bene­
ficiary, and the price to be paid for this consumption following the
public intervention.

▼M4
SECTION 2a

Aid for European Territorial Cooperation

Article 20
Aid for costs incurred by undertakings participating in European
Territorial Cooperation project

1. Aid for costs incurred by undertakings participating in European

Territorial Cooperation projects covered by Regulation (EU)
No 1299/2013 or Regulation (EU) 2021/1059 shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in
this Article and in Chapter I are fulfilled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 77

▼M4
2. To the extent that they are linked to the cooperation project, the
following costs, which shall have the meaning ascribed to them in
Commission Delegated Regulation (EU) No 481/2014 (1), or Articles
38 to 44 of Regulation (EU) 2021/1059, whichever is applicable,
shall be eligible costs:

(a) staff costs;

(b) office and administrative costs;

(c) travel and accommodation costs;

(d) external expertise and services costs;

(e) equipment costs;

(f) costs for infrastructure and works.

3. The aid intensity shall not exceed the maximum co-financing rate
provided for in Regulation (EU) No 1303/2013 or Regulation (EU)
2021/1060 and/or Regulation (EU) 2021/1059, whichever is applicable.

Article 20a
Limited amounts of aid to undertakings for participation in
European Territorial Cooperation projects

1. Aid to undertakings for their participation in European Territorial

Cooperation projects covered by Regulation (EU) No 1299/2013 or by
Regulation (EU) 2021/1059 shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided the conditions laid down in this Article and in
Chapter I are fulfilled.

▼M6
2. The total amount of aid under this Article granted to an under­
taking per project shall not exceed EUR 22 000.

▼B
SECTION 3

Aid for access to finance for SMEs

▼M6
Article 21
Risk finance aid

1. Risk finance aid schemes in favour of SMEs shall be compatible

with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

(1) Commission Delegated Regulation (EU) No 481/2014 of 4 March 2014

supplementing Regulation (EU) No 1299/2013 of the European Parliament
and of the Council with regard to specific rules on eligibility of expenditure
for cooperation programmes (OJ L 138, 13.5.2014, p. 45).
 02014R0651 — EN — 01.07.2023 — 006.001 — 78

▼M6
2. Member States, either directly or through an entrusted entity, shall
implement the risk finance measure via one or more financial inter­
mediaries. Member States or entrusted entities shall provide a public
contribution to financial intermediaries in accordance with paragraphs 9
to 13; and financial intermediaries, in accordance with paragraphs 14 to
17, shall make risk finance investments in accordance with paragraphs 4
to 8, into eligible undertakings that comply with paragraph 3. Neither
Member States nor entrusted entities shall invest directly into the
eligible undertakings without the involvement of a financial
intermediary.

3. Eligible undertakings shall be undertakings that are unlisted SMEs

and fulfil, at the time of the initial risk finance investment, at least one
of the following conditions:

(a) they have not been operating in any market;

(b) they have been operating in any market for any of the following:

(i) less than 10 years following their registration; or

(ii) less than 7 years after their first commercial sale.

Where one of the eligibility periods referred to in points (i) and (ii)
has been applied to a given undertaking, only that period can be
applied also to any subsequent risk finance aid to the same under­
taking. For undertakings that have acquired another undertaking or
were formed through a merger, the eligibility period applied shall
also encompass the operations of the acquired undertaking or the
merged undertakings, respectively, except for such acquired or
merged undertakings whose turnover accounts for less than 10 %
of the turnover of the acquiring undertaking in the financial year
preceding the acquisition or, in case of undertakings formed through
a merger, less than 10 % of the combined turnover that the merging
undertakings had in the financial year preceding the merger.
Concerning the eligibility period referred to in point (i), if
applied, for undertakings that are not subject to registration, the
eligibility period shall start from either the moment when the under­
taking starts its economic activity or the moment when it becomes
liable to tax with regard to its economic activity, whichever is
earlier;

(c) they require an initial investment which, based on a business plan

prepared in view of a new economic activity, is higher than 50 % of
their average annual turnover in the preceding 5 years. By way of
derogation from the first sentence, that threshold shall be limited to
30 % with regard to the following investments, which shall be
considered initial investments into a new economic activity:

(i) investments significantly improving the environmental

performance of the activity in accordance with Article 36(2);
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(ii) other environmentally sustainable investments as defined in
Article 2(1) of Regulation (EU) 2020/852;

(iii) investments aiming at increasing capacity for the extraction,

separation, refining, processing or recycling of a critical raw
material listed in Annex IV.

4. The risk finance investment may also cover follow-on investments

made in eligible undertakings, including after the eligibility period
referred to in paragraph 3, point (b), if the following cumulative
conditions are fulfilled:

(a) the total amount of risk finance referred to in paragraph 8 is not

exceeded;

(b) the possibility of follow-on investments was provided for in the

original business plan;

(c) the undertaking receiving the follow-on investments has not become
a ‘linked enterprise’, within the meaning of Article 3(3) of Annex I,
with another undertaking other than the financial intermediary or the
independent private investor providing risk finance under the
measure, unless the new entity is an SME.

5. Risk finance investments into eligible undertakings may take the

form of equity, quasi-equity investments, loans, guarantees, or a mix
thereof.

6. When guarantees are provided, the guarantee shall not exceed

80 % of the underlying loan to the eligible undertaking.

7. For risk finance investments in the form of equity and quasi-equity

investments in eligible undertakings, a risk finance measure may cover
replacement capital only if the latter is combined with new capital
representing at least 50 % of each investment round into the eligible
undertakings.

8. The total outstanding amount of risk finance investment referred to

in paragraph 5 shall not exceed EUR 16.5 million per eligible under­
taking under any risk finance measure. In order to calculate this
maximum risk finance investment amount, the following shall be
taken into account:

(a) in the case of loans and quasi-equity investments structured as debt,

the nominal outstanding amount of the instrument;

(b) in the case of guarantees, the nominal outstanding amount of the

underlying loan.

9. The public contribution provided to financial intermediaries may

take one of the following forms:

(a) equity or quasi-equity, or financial endowment to provide risk

finance investment directly or indirectly to eligible undertakings;

(b) loans to provide risk finance investment directly or indirectly to

eligible undertakings;
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(c) guarantees to cover losses from risk finance investment directly or
indirectly to eligible undertakings.

10. Risk-reward sharing arrangements between, on the one hand, the

Member State (or its entrusted entity) and, on the other hand, private
investors, financial intermediaries or fund managers, shall be adequate
and shall comply with the following conditions:

(a) for risk finance aid in forms other than guarantees, prioritised
returns from profits (asymmetric profit sharing or upside incentives)
shall be given preference over protection against potential losses
(downside protection);

(b) in the case of asymmetric loss-sharing between public and private

investors, the first loss borne by the public investor shall be capped
at 25 % of the risk finance investment;

(c) for risk finance aid in the form of guarantees, the guarantee rate
shall be limited to 80 % and total losses assumed by a Member
State shall be capped at a maximum of 25 % of the underlying
guaranteed portfolio. Only guarantees covering expected losses of
the underlying guaranteed portfolio may be provided for free. If a
guarantee also comprises coverage of unexpected losses, the
financial intermediary shall pay, for the part of the guarantee
covering unexpected losses, a market-conform guarantee premium.

11. Where the public contribution provided to the financial inter­

mediary takes the form of equity and quasi-equity as referred to in
paragraph 9, point (a), no more than 30 % of the financial inter­
mediary's aggregate capital contributions and uncalled committed
capital may be used for liquidity management purposes.

12. For risk finance measures aimed at providing risk finance

investments in the form of equity, quasi-equity or loans to eligible
undertakings, the public contribution provided to the financial inter­
mediary shall leverage additional finance from independent private
investors at the level of the financial intermediaries or the eligible
undertakings, so as to achieve an aggregate private participation rate
reaching the following minimum thresholds:

(a) 10 % of the risk finance investment provided to the eligible under­

takings referred to in paragraph 3, point (a);

(b) 40 % of the risk finance investment provided to the eligible under­

takings referred to in paragraph 3 point (b);

(c) 60 % of the risk finance investment provided to the eligible under­

takings referred to in paragraph 3, point (c), and for follow-on risk
finance investment in eligible undertakings after the eligibility
period referred to in paragraph 3, point (b).
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Finance provided by independent private investors benefitting from risk
finance aid in the form of tax incentives in accordance with Article 21a
shall not be taken into account for the purposes of reaching the
aggregate private participation rates set out in the first subparagraph
of this paragraph.

The private participation rates mentioned in the first subparagraph,

points (b) and (c), shall be reduced to 20 % under point (b)
and 30 % under point (c) for investments that are either: made in
assisted areas designated in an approved regional aid map in force at
the time of provision of the risk finance investment in application of
Article 107(3), point (a), of the Treaty; or that receive support on the
basis of the Member State’s recovery and resilience plan as approved by
the Council; or receive support from the European Defence Fund in
accordance with Regulation (EU) 2021/697 or under the Union Space
Programme in accordance with Regulation (EU) 2021/696 of the
European Parliament and of the Council (1); or that receive support
from Union funds implemented under shared management covered by
Regulation (EU) 1303/2013, Regulation (EU) 2021/1060 or Regu­
lation (EU) 2021/2115 of the European Parliament and of the
Council (2).

13. Where a risk finance measure is implemented through a financial

intermediary targeting eligible undertakings at different development
stages as referred to in paragraphs 3 and 4, the financial intermediary
shall achieve a private participation rate that represents at least the
weighted average based on the volume of the individual investments
in the underlying portfolio and resulting from the application of the
minimum participation rates to such investments as referred to in
paragraph 12, unless the required participation from independent
private investors is achieved at the level of the eligible undertakings.

14. Financial intermediaries and fund managers shall be selected

through an open, transparent and non-discriminatory procedure in
accordance with applicable Union and national laws. Member States
may require that eligible financial intermediaries and fund managers
fulfil predefined criteria objectively justified by the nature of the
investments. The procedure shall be based on objective criteria linked
to experience, expertise and operational and financial capacity, and shall
comply with the following cumulative conditions:

(a) it shall ensure that eligible financial intermediaries and fund

managers are established in accordance with the applicable laws;

(1) Regulation (EU) 2021/696 of the European Parliament and of the Council of
28 April 2021 establishing the Union Space Programme and the European
Union Agency for the Space Programme and repealing Regulations (EU)
No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision
No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
(2) Regulation (EU) 2021/2115 of the European Parliament and of the Council of
2 December 2021 establishing rules on support for strategic plans to be
drawn up by Member States under the common agricultural policy (CAP
Strategic Plans) and financed by the European Agricultural Guarantee
Fund (EAGF) and by the European Agricultural Fund for Rural
Development (EAFRD) and repealing Regulations (EU) No 1305/2013
and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
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(b) it shall not discriminate between financial intermediaries and fund
managers on the basis of their place of establishment or incor­
poration in any Member State;

(c) it shall aim at establishing adequate risk-reward sharing

arrangements as referred to in paragraph 10, and profit-driven
decisions as referred to in paragraph 15.

15. Risk finance measures shall ensure that the financial inter­
mediaries receiving the public contribution take profit-driven decisions
when providing eligible undertakings with risk finance investments.
This obligation is met where the following cumulative conditions are
fulfilled:

(a) the Member State, or the entity entrusted with the implementation
of the measure, shall provide for a due diligence process in order to
ensure a commercially sound investment strategy for the purpose of
implementing the risk finance measure, including an appropriate
risk diversification policy aimed at achieving economic viability
and efficient scale in terms of size and territorial scope of the
relevant portfolio of investments;

(b) risk finance investments provided to the eligible undertakings shall

be based on a viable business plan, containing details of product,
sales and profitability development, establishing ex ante financial
viability;

(c) a clear and realistic exit strategy shall exist for each equity and
quasi-equity investment.

16. Financial intermediaries shall be managed on a commercial basis.

This requirement is met where the financial intermediary and, depending
on the type of risk finance measure, the fund manager, fulfil the
following cumulative conditions:

(a) they shall be obliged by law or contract to act in accordance with

best practices and with the diligence of a professional manager
acting in good faith and avoiding conflicts of interest; regulatory
supervision shall apply, where relevant;

(b) their remuneration shall conform to market practices. This

requirement is presumed to be met as long as they are selected
through an open, transparent and non-discriminatory selection
procedure in accordance with in paragraph 14;

(c) they shall share part of the investment risks by either co-investing
their own resources or receiving a remuneration linked to
performance, so as to ensure that their interests are permanently
aligned with the interests of the Member State or its entrusted
entity;

(d) they shall set out an investment strategy, criteria and the proposed
timing of investments;

(e) investors shall be allowed to be represented in the governance

bodies of the investment fund, such as the supervisory board or
the advisory committee, if any.
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17. In a risk finance measure where risk finance investment is
provided to eligible undertakings in the form of guarantees, loans or
quasi-equity investments structured as debt, the financial intermediary
shall undertake risk finance investments into eligible undertakings that
would not have been carried out or would have been carried out in a
restricted or different manner without the aid. The financial intermediary
shall be able to demonstrate that it operates a mechanism that ensures
that all the advantages are passed on to the largest extent to the eligible
undertakings in the form of higher volumes of financing, riskier port­
folios, lower collateral requirements, lower guarantee premiums or
lower interest rates.

18. Risk finance measures providing risk finance investments for

SMEs that do not fulfil the conditions laid down in paragraph 3 shall
be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the following
cumulative conditions are fulfilled:

(a) at the level of the SMEs, the aid fulfils the conditions laid down in
Commission Regulation (EU) No 1407/2013 (1), Commission Regu­
lation (EU) No 1408/2013 (2) or Regulation (EU) No 717/2014,
whichever is applicable;

(b) all the conditions laid down in this Article are fulfilled, with the
exception of the conditions set out in paragraphs 3, 4, 8,
12 and/or 13;

(c) for risk finance measures providing risk finance investments to

eligible undertakings in the form of equity, quasi-equity or loans,
the measure shall leverage additional financing from independent
private investors at the level of the financial intermediaries or the
SMEs, so as to achieve an aggregate private participation rate
reaching at least 60 % of the risk finance provided to the SMEs.

The private participation rate mentioned in the first subparagraph,

point (c), shall be reduced to 30 % for investments that are either:
made in assisted areas designated in an approved regional aid map in
force at the time of provision of the risk finance investment in appli­
cation of Article 107(3), point (a), of the Treaty; or that receive support
on the basis of the Member State’s recovery and resilience plan as
approved by the Council; or receive support from the European
Defence Fund in accordance with Regulation (EU) 2021/697or under
the Union Space Programme in accordance with Regu­
lation (EU) 2021/696 or from Union Funds implemented under shared
management covered by Regulation (EU) 1303/2013, Regu­
lation (EU) 2021/1060 or Regulation (EU) 2021/2115.

(1) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the

application of Articles 107 and 108 of the Treaty on the Functioning of the
European Union to de minimis aid (OJ L 352, 24.12.2013, p.1).
(2) Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the
application of Articles 107 and 108 of the Treaty on the Functioning of the
European Union to de minimis aid in the agriculture sector (OJ L 352,
24.12.2013 p. 9).
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Article 21a
Risk finance aid to SMEs in the form of tax incentives for private
investors who are natural persons

1. Risk finance aid schemes in favour of SMEs in the form of tax

incentives to independent private investors who are natural persons
providing risk finance directly or indirectly to eligible undertakings
shall be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the conditions
laid down in this Article and in Chapter I are fulfilled.

2. Eligible undertakings are those that fulfill the criteria laid down in
Article 21(3). The total risk finance investment provided under
Article 21 and under this Article to each eligible undertaking shall
not exceed the maximum amount laid down in Article 21(8).

3. Where the independent private investor provides risk finance

indirectly through a financial intermediary, the eligible investment
shall take the form of the acquisition of shares or participations in the
financial intermediary, which shall in turn provide risk finance
investments to eligible undertakings in accordance with Article 21(5)
to (8). No tax incentive may be granted in respect of the services
provided by the financial intermediary or its managers.

4. Where the independent private investor provides risk finance

directly to the eligible undertaking, only the acquisition of newly
issued full-risk ordinary shares issued by an eligible undertaking shall
constitute an eligible investment. Those shares shall be kept for at least
3 years. Replacement capital shall only be covered under the conditions
laid down in Article 21(7). Concerning the possible forms of tax
incentives, losses arising upon disposal of the shares may be set-off
against income tax. In the case of tax relief on dividends, any
dividend received in respect of qualifying shares may be (fully or
partially) exempt from income tax. Any profit on the sale of qualifying
shares may be either (fully or partially) exempt from capital gains tax or
the tax liability with respect to such profit may be deferred if reinvested
in new qualifying shares within 1 year.

5. Where the independent private investor provides risk finance

directly to the eligible undertaking, in order to ensure an adequate
participation of such independent private investor, in accordance with
Article 21(12), the tax relief, counted as the cumulative maximum tax
relief from all tax incentives combined, shall not surpass the following
maximum thresholds:

(a) 50 % of the eligible investment carried out by the independent

private investor into the eligible undertakings referred to in
Article 21(3), point (a);

(b) 35 % of the eligible investment carried out by the independent

private investor into the eligible undertakings referred to in
Article 21(3), point (b);
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(c) 20 % of the eligible investment carried out by the independent
private investor into the eligible undertakings referred to in
Article 21(3), point (c), or of a follow-on eligible investment into
an eligible undertaking after the eligibility period referred to in
Article 21(3), point (b).

The tax relief thresholds for the direct investments mentioned in the first
subparagraph, may be increased up to 65 % under point (a), up to 50 %
under point (b) and up to 35 % under point (c) for investments that are
either: made in assisted areas designated in an approved regional aid
map in force at the time of provision of the risk finance investment in
application of Article 107(3), point (a), of the Treaty; or that receive
support on the basis of the Member State’s recovery and resilience plan
as approved by the Council; or receive support from the European
Defence Fund in accordance with Regulation (EU) 2021/697 or under
the Union Space Programme in accordance with Regu­
lation (EU) 2021/696; or that receive support from Union funds im­
plemented under shared management covered by Regu­
lation (EU) 1303/2013, Regulation (EU) 2021/1060 or Regu­
lation (EU) 2021/2115.

6. Where the independent private investor provides risk finance

indirectly through a financial intermediary, and in accordance with
Article 21(12), the tax relief, counted as the cumulative maximum tax
relief from all tax incentives combined, shall not surpass 30 % of the
eligible investment carried out by the independent private investor into
an eligible undertaking referred to in Article 21(3). This tax relief
threshold may be increased up to 50 % for investments that are
either: made in assisted areas designated in an approved regional aid
map in force at the time of provision of the risk finance investment in
application of Article 107(3), point (a), of the Treaty; or that receive
support on the basis of the Member State’s recovery and resilience plan
as approved by the Council; or receive support from the European
Defence Fund in accordance with Regulation (EU) 2021/697 or under
the Union Space Programme in accordance with Regu­
lation (EU) 2021/696; or that receive support from Union funds im­
plemented under shared management covered by Regu­
lation (EU) 1303/2013, Regulation (EU) 2021/1060 or Regu­
lation (EU) 2021/2115.

▼B

Article 22
Aid for start-ups

1. Start-up aid schemes shall be compatible with the internal market

within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided the conditions laid down in this Article and in
Chapter I are fulfilled.

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2. Eligible undertakings shall be any unlisted small enterprise up to 5
years following its registration, that fulfils the following cumulative
conditions:
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(a) it has not taken over the activity of another undertaking, unless the
turnover of the overtaken activity accounts for less than 10 % of the
turnover of the eligible undertaking in the financial year preceding
the take-over;

(b) it has not yet distributed profits;

(c) it has not acquired another undertaking or has not been formed
through a merger, unless the turnover of the acquired undertaking
accounts for less than 10 % of the turnover of the eligible under­
taking in the financial year preceding the acquisition or the turnover
of the undertaking formed through a merger is less than 10 %
higher than the combined turnover that the merging undertakings
had in the financial year preceding the merger.

For eligible undertakings that are not subject to registration, the 5 year
eligibility period shall start from either the moment when the under­
taking starts its economic activity or the moment it becomes liable to
tax with regard to its economic activity, whichever is earlier.

By way of derogation from the first subparagraph, point (c), under­

takings formed through a merger between undertakings eligible for
aid under this Article shall also be considered eligible undertakings
up to 5 years from the date of registration of the oldest of the
merging undertakings.

3. Start-up aid shall take the form of:

(a) loans with interest rates which are not conform with market
conditions, with a duration of 10 years and up to a maximum
nominal amount of EUR 1.1 million, or EUR 1.65 million for
undertakings established in assisted areas fulfilling the conditions
of Article 107(3), point (c), of the Treaty, or EUR 2.2 million for
undertakings established in assisted areas fulfilling the conditions of
Article 107(3), point (a), of the Treaty. For loans with a duration
comprised between 5 years and 10 years the maximum amounts
may be adjusted by multiplying the amounts above by the ratio
between 10 years and the actual duration of the loan. For loans
with a duration of less than 5 years, the maximum amount shall
be the same as for loans with a duration of 5 years;

(b) guarantees with premiums which are not conform with market
conditions, with a duration of 10 years and up to maximum
EUR 1.65 million of amount guaranteed, or EUR 2.48 million for
undertakings established in assisted areas fulfilling the conditions of
Article 107(3), point (c), of the Treaty, or EUR 3.3 million for
undertakings established in assisted areas fulfilling the conditions
of Article 107(3), point (a), of the Treaty. For guarantees with a
duration comprised between 5 years and 10 years the maximum
amount guaranteed may be adjusted by multiplying the amounts
above by the ratio between 10 years and the actual duration of
the guarantee. For guarantees with a duration of less than 5 years,
the maximum amount guaranteed shall be the same as for guar­
antees with a duration of 5 years. The guarantee shall not exceed
80 % of the underlying loan;

(c) grants, including equity or quasi equity investment, interests rate

and guarantee premium reductions up to EUR 0.5 million gross
grant equivalent or EUR 0.75 million for undertakings established
in assisted areas fulfilling the conditions of Article 107(3), point (c),
of the Treaty, or EUR 1 million for undertakings established in
assisted areas fulfilling the conditions of Article 107(3), point (a),
of the Treaty;
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(d) tax incentives to eligible undertakings up to EUR 0.5 million gross
grant equivalent or EUR 0.75 million for undertakings established
in assisted areas fulfilling the conditions of Article 107(3), point (c),
of the Treaty, or EUR 1 million for undertakings established in
assisted areas fulfilling the conditions of Article 107(3), point (a),
of the Treaty.

▼B
4. A beneficiary can receive support through a mix of the aid
instruments referred to in paragraph 3 of this Article, provided that
the proportion of the amount granted through one aid instrument,
calculated on the basis of the maximum aid amount allowed for that
instrument, is taken into account in order to determine the residual
proportion of the maximum aid amount allowed for the other
instruments forming part of such a mixed instrument.

5. For small and innovative enterprises, the maximum amounts set

out in paragraph 3 may be doubled.

▼M6
6. Where a start-up aid scheme is implemented through one or more
financial intermediaries, the conditions applying to financial inter­
mediaries laid down in Article 21(10), (14), (15), (16) and (17), shall
apply.

7. In addition to the amounts laid down in paragraphs 3, 4 and 5,

start-up aid schemes can take the form of either a transfer of intellectual
property (IP) or a grant of the related access rights, either free of charge
or below market value. The transfer or the grant shall be from a research
and knowledge-dissemination organisation, within the meaning of
Article 2, point (83), that has developed the underlying IP through its
independent own or collaborative research and development activity, to
an eligible undertaking within the meaning paragraph 2. The transfer or
the grant shall fulfill all of the following conditions:

(a) the purpose of the transfer of IP or the grant of related access rights
is to bring a new product or service to the market; and

(b) the value of the IP is set at its market price, which is the case if it
has been set according to one of the following methods:

(i) the amount has been established by means of an open, trans­

parent and non-discriminatory competitive procedure;

(ii) an independent expert valuation confirms that the amount is at

least equal to the market price;

(iii) in cases where the eligible undertaking has a right of first

refusal as regards the IP generated in collaboration with the
research and knowledge-dissemination organisation, where the
research and knowledge-dissemination organisation exercises a
reciprocal right to solicit more economically advantageous
offers from third parties so that the collaborating eligible
undertaking has to match its offer accordingly.
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The value of any contribution, both financial and non-financial, of
the eligible undertaking to the costs of the research and
knowledge-dissemination organisation’s activities that resulted in
the IP concerned may be deducted from the value of the IP
referred to in this point.

(c) the aid amount of the IP transfer or the grant of the related access
rights under this paragraph shall not exceed EUR 1 million. The aid
amount corresponds to the value of the IP referred to in point (b),
less the above-mentioned deduction referred to in the last sentence
of point (b) and less any remuneration due from the beneficiary for
that IP. The value of the IP referred to in point (b) can exceed
EUR 1 million, in which case such additional amount may be
covered by the eligible undertaking with own funds or other means.

▼B

Article 23
Aid to alternative trading platforms specialised in SMEs

1. Aid in favour of alternative trading platforms specialised in SMEs

shall be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided the conditions laid
down in this Article and in Chapter I are fulfilled.

2. Where the platform operator is a small enterprise, the aid measure

may take the form of start-up aid to the platform operator, in which case
the conditions laid down in Article 22 shall apply.

▼M6
The aid measure may take the form of tax incentives to independent
private investors that are natural persons in respect of their risk finance
investments made through an alternative trading platform into under­
takings eligible under the conditions laid down in Article 21a(2)
and (5).

▼B

Article 24
Aid for scouting costs

1. Aid for scouting costs shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided the conditions laid down in this Article and in
Chapter I are fulfilled.

▼M6
2. The eligible costs shall be:

(a) the costs for initial screening and formal due diligence undertaken
by managers of financial intermediaries or investors to identify
eligible undertakings pursuant to Articles 21, 21a and 22;
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(b) the costs for investment research, as defined in Article 36(1) of
Commission Delegated Regulation (EU) 2017/565 (1), in an indi­
vidual eligible undertaking pursuant to Articles 21, 21a and 22,
provided this research is publicly disseminated, and, if it has been
disseminated to clients of the investment research provider before
public dissemination, is disseminated publicly in the same form and
no later than 3 months after the first dissemination to clients.

3. Investment research referred to in paragraph 2, point (b), of this

Article shall fulfil the requirements laid down in Articles 36 and 37 of
Delegated Regulation (EU) 2017/565.

4. The aid intensity shall not exceed 50 % of the eligible costs.

▼B

SECTION 4

Aid for research and development and innovation

Article 25
Aid for research and development projects

▼M4
1. Aid for research and development projects, including research and
development projects having received a Seal of Excellence quality label
under the Horizon 2020 or under the Horizon Europe programme and
co-funded research and development projects and, where applicable, aid
for co-funded Teaming actions, shall be compatible with the internal
market within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

▼B
2. The aided part of the research and development project shall
completely fall within one or more of the following categories:

(a) fundamental research;

(b) industrial research;

(c) experimental development;

(d) feasibility studies.

3. The eligible costs of research and development projects shall be

allocated to a specific category of research and development and shall
be the following:

(a) personnel costs: researchers, technicians and other supporting staff

to the extent employed on the project;

(1) Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supple­

menting Directive 2014/65/EU of the European Parliament and of the Council
as regards organisational requirements and operating conditions for
investment firms and defined terms for the purposes of that Directive
(OJ L 87, 31.3.2017, p. 1).
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▼B
(b) costs of instruments and equipment to the extent and for the period
used for the project. Where such instruments and equipment are not
used for their full life for the project, only the depreciation costs
corresponding to the life of the project, as calculated on the basis of
generally accepted accounting principles are considered as eligible.

(c) Costs for of buildings and land, to the extent and for the duration
period used for the project. With regard to buildings, only the
depreciation costs corresponding to the life of the project, as
calculated on the basis of generally accepted accounting principles
are considered as eligible. For land, costs of commercial transfer or
actually incurred capital costs are eligible.

(d) costs of contractual research, knowledge and patents bought or

licensed from outside sources at arm's length conditions, as well
as costs of consultancy and equivalent services used exclusively
for the project;

▼M6
(e) additional overheads and other operating expenses, including costs
of materials, supplies and similar products, incurred directly as a
result of the project; without prejudice to Article 7(1), third
sentence, such research and development project costs may alter­
natively be calculated on the basis of a simplified cost approach in
the form of a flat-rate of up to 20 %, applied to total eligible
research and development project costs referred to in points (a) to
(d). In this case, the research and development project costs used for
the calculation of the indirect costs shall be established on the basis
of normal accounting practices and shall comprise only eligible
research and development project costs referred to in points (a) to
(d).

▼B
4. The eligible costs for feasibility studies shall be the costs of the
study.

5. The aid intensity for each beneficiary shall not exceed:

(a) 100 % of the eligible costs for fundamental research;

(b) 50 % of the eligible costs for industrial research;

(c) 25 % of the eligible costs for experimental development;

(d) 50 % of the eligible costs for feasibility studies.

▼M6
6. The aid intensities for industrial research and experimental devel­
opment may be increased up to a maximum aid intensity of 80 % of the
eligible costs in accordance with points (a) to (d), where points (b), (c)
and (d) must not be combined with each other:

(a) by 10 percentage points for medium-sized enterprises and by 20

percentage point for small enterprises;

(b) by 15 percentage points if one of the following conditions is

fulfilled:

(i) the project involves effective collaboration:

— between undertakings among which at least one is an SME,

or is carried out in at least two Member States, or in a
Member State and in a Contracting Party of the EEA
Agreement, and no single undertaking bears more than
70 % of the eligible costs, or
 02014R0651 — EN — 01.07.2023 — 006.001 — 91

▼M6
— between an undertaking and one or more research and
knowledge-dissemination organisations, where the latter
bear at least 10 % of the eligible costs and have the right
to publish their own research results;

(ii) the results of the project are widely disseminated through

conferences, publication, open access repositories, or free or
open source software;

(iii) the beneficiary commits to, on a timely basis, make available

licences for research results of aided research and development
projects, which are protected by intellectual property rights, at a
market price and on non-exclusive and non-discriminatory
basis for use by interested parties in the EEA;

(iv) the research and development project is carried out in an

assisted region fulfilling the conditions of Article 107(3),
point (a), of the Treaty;

(c) by 5 percentage points if the research and development project is

carried out in an assisted region fulfilling the conditions of
Article 107(3), point (c), of the Treaty;

(d) by 25 percentage points if the research and development project:

(i) has been selected by a Member State following an open call to

form part of a project jointly designed by at least three Member
States or contracting parties to the EEA Agreement; and

(ii) involves effective collaboration between undertakings in at

least two Member States or contracting parties to the EEA
Agreement when the beneficiary is a SME, or in at least
three Member States or contracting parties to the EEA
Agreement when the beneficiary is a large enterprise; and

(iii) if at least one the two following conditions is fulfilled:

— the results of the research and development project are

widely disseminated in at least three Member States or
contracting parties to the EEA Agreement through
conferences, publication, open access repositories, or free
or open source software; or

— the beneficiary commits to, on a timely basis, make

available licences for research results of aided research
and development projects, which are protected by intel­
lectual property rights, at a market price and on
non-exclusive and non-discriminatory basis for use by
interested parties in the EEA.

▼B
7. The aid intensities for feasibility studies may be increased by 10
percentage points for medium-sized enterprises and by 20 percentage
points for small enterprises;
 02014R0651 — EN — 01.07.2023 — 006.001 — 92

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Article 25a
Aid for projects awarded a Seal of Excellence quality label

1. Aid for SMEs for research and development projects as well as

feasibility studies awarded a Seal of Excellence quality label under the
Horizon 2020 or the Horizon Europe programme, shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The eligible activities of the aided research and development

project or feasibility study shall be those defined as eligible under the
Horizon 2020 or the Horizon Europe programme rules, excluding
activities going beyond experimental development activities.

3. The categories, maximum amounts and methods of calculation of

eligible costs of the aided research and development project or feasi­
bility study shall be those defined as eligible under the Horizon 2020 or
Horizon Europe programme rules.

4. The maximum aid amount shall not exceed EUR 2,5 million per
SME per research and development project or feasibility study.

5. The total public funding provided for each research and develop­
ment project or feasibility study shall not exceed the funding rate set out
for that research and development project or feasibility study under the
Horizon 2020 or under the Horizon Europe programme rules.

Article 25b
Aid for Marie Skłodowska-Curie actions and ERC Proof of Concept
actions

1. Aid for Marie Skłodowska-Curie actions and ERC Proof of

Concept actions awarded a Seal of Excellence quality label under the
Horizon 2020 or the Horizon Europe programme shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The eligible activities of the aided action shall be those defined as

eligible under the Horizon 2020 or the Horizon Europe programme
rules.

3. The categories, maximum amounts and methods of calculation of

eligible costs of the aided action shall be those defined as eligible under
the Horizon 2020 or Horizon Europe programme rules.

4. The total public funding provided for each aided action shall not
exceed the maximum level of support provided for in the Horizon 2020
or the Horizon Europe programme.
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Article 25c
Aid involved in co-funded research and development projects

1. Aid provided to a co-funded research and development project or

a feasibility study (including research and development projects im­
plemented under a European institutionalised Partnership based on
Article 185 or Article 187 of the Treaty or a programme co-fund
action, as defined in the Horizon Europe programme rules) which is
implemented by at least three Member States, or alternatively two
Member States and at least one associated country, and selected on
the basis of the evaluation and ranking made by independent experts
following trans-national calls in line with the Horizon 2020 or Horizon
Europe programme rules, shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The eligible activities of the aided research and development

project or feasibility study shall be those defined as eligible under the
Horizon 2020 or the Horizon Europe programme rules, excluding
activities going beyond experimental development activities.

3. The categories, maximum amounts and methods of calculation of

eligible costs shall be those defined as eligible under the Horizon 2020
or the Horizon Europe programme rules.

4. The total public funding provided shall not exceed the funding rate
established for the research and development project or feasibility study
following the selection, ranking and evaluation under the Horizon 2020
or Horizon Europe programme rules.

5. The funding provided by the Horizon 2020 or Horizon Europe

programme shall cover at least 30 % of the total eligible costs of a
research and innovation action or an innovation action as defined under
the Horizon 2020 or Horizon Europe programme.

Article 25d
Aid for Teaming actions

1. Aid provided to co-funded Teaming actions, involving at least two

Member States and selected on the basis of the evaluation and ranking
made by independent experts following transnational calls under the
Horizon 2020 or the Horizon Europe programme rules, shall be
compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty provided that the conditions laid down in
this Article and in Chapter I are fulfilled.

2. The eligible activities of the co-funded Teaming action shall be

those defined as eligible under the Horizon 2020 or Horizon Europe
programme rules. Activities going beyond experimental development
activities are excluded.
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3. The categories, maximum amounts and methods of calculation of
eligible costs shall be those defined as eligible under the Horizon 2020
or the Horizon Europe programme rules. In addition, investment costs in
project-related tangible and intangible assets shall be eligible.

4. The total public funding provided shall not exceed the funding rate
established for the Teaming action following the selection, ranking and
evaluation under the Horizon 2020 or the Horizon Europe programme
rules. In addition, for investments in project related tangible and
intangible assets the aid shall not exceed 70 % of the investment costs.

5. For investment aid for infrastructures under a Teaming action the

following additional conditions shall apply:

(a) where the infrastructure pursues both economic and non-economic

activities, the financing, costs and revenues of each type of activity
shall be accounted for separately on the basis of consistently applied
and objectively justifiable cost accounting principles;

(b) the price charged for the operation or use of the infrastructure shall
correspond to a market price;

(c) access to the infrastructure shall be open to several users and be

granted on a transparent and non-discriminatory basis. Undertakings
which have financed at least 10 % of the investment costs of the
infrastructure may be granted preferential access under more
favourable conditions. In order to avoid overcompensation, such
access shall be proportional to the undertaking’s contribution to
the investment costs and these conditions shall be made publicly
available;

(d) where the infrastructure receives public funding for both economic
and non-economic activities, Member States shall put in place a
monitoring and claw-back mechanism in order to ensure that the
applicable aid intensity is not exceeded as a result of an increase in
the share of economic activities compared to the situation envisaged
at the time of awarding the aid.

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Article 25e
Aid involved in the co-funding of projects supported by the
European Defence Fund or the European Defence Industrial
Development Programme

1. Aid provided to co-fund a research and development project

funded by the European Defence Fund or the European Defence
Industrial Development Programme and which is evaluated, ranked
and selected in line with the European Defence Fund or the European
Defence Industrial Development Programme rules, shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty provided that the conditions laid down in
this Article and in Chapter I are fulfilled.

2. The eligible costs of the aided project shall be those defined as

eligible under the European Defence Fund or the European Defence
Industrial Development Programme rules.
 02014R0651 — EN — 01.07.2023 — 006.001 — 95

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3. The total public funding provided can reach up to 100 % of the
eligible costs of the project, meaning that the costs of the project not
covered by Union funding can be covered by State aid.

4. In case the aid intensity received by the beneficiary exceeds the

maximum aid intensity the beneficiary could have received under
Article 25(5), (6) and (7), the beneficiary must pay a market price to
the granting authority to use for non-defence applications the intellectual
property rights or prototypes resulting from the project. In any event,
the maximum amount to be paid to the granting authority for this use
shall not exceed the difference between the aid received by the ben­
eficiary and the maximum amount of aid the beneficiary could have
received applying the maximum aid intensity allowed for that benefici­
ary under Article 25(5), (6) and (7).

▼B
Article 26
Investment aid for research infrastructures

1. Aid for the construction or upgrade of research infrastructures that

perform economic activities shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. Where a research infrastructure pursues both economic and

non-economic activities, the financing, costs and revenues of each
type of activity shall be accounted for separately on the basis of
consistently applied and objectively justifiable cost accounting
principles.

3. The price charged for the operation or use of the infrastructure

shall correspond to a market price.

4. Access to the infrastructure shall be open to several users and be

granted on a transparent and non-discriminatory basis. Undertakings
which have financed at least 10 % of the investment costs of the infra­
structure may be granted preferential access under more favourable
conditions. In order to avoid overcompensation, such access shall be
proportional to the undertaking's contribution to the investment costs
and these conditions shall be made publicly available.

5. The eligible costs shall be the investment costs in intangible and

tangible assets.

▼M6
6. The aid intensity shall not exceed 50 % of the eligible costs. The
aid intensity may be increased up to 60 % subject to at least two
Member States providing the public funding, or for a research infra­
structure evaluated and selected at Union level.

▼B
7. Where a research infrastructure receives public funding for both
economic and non-economic activities, Member States shall put in place
a monitoring and claw-back mechanism in order to ensure that the
applicable aid intensity is not exceeded as a result of an increase in
the share of economic activities compared to the situation envisaged at
the time of awarding the aid.
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Article 26a
Investment aid for testing and experimentation infrastructures

1. Aid for the construction or upgrade of testing and experimentation

infrastructures shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from the
notification requirement of Article 108(3) of the Treaty, provided that
the conditions laid down in this Article and in Chapter I are fulfilled.

2. The price charged for the operation or use of the infrastructure

shall correspond to a market price or reflect their costs plus a reasonable
margin in the absence of a market price.

3. Access to the infrastructure shall be open to several users and be

granted on a transparent and non-discriminatory basis. Undertakings
which have financed at least 10 % of the investment costs of the infra­
structure may be granted preferential access under more favourable
conditions. In order to avoid overcompensation, such access shall be
proportional to the undertaking's contribution to the investment costs
and these conditions shall be made publicly available.

4. The eligible costs shall be the investment costs in intangible and

tangible assets.

5. The aid intensity shall not exceed 25 % of the eligible costs.

6. The aid intensity may be increased up to a maximum aid intensity

of 40 %, 50 % and 60 % of the eligible investment costs of large,
medium and small sized enterprises respectively as follows:

a) by 10 percentage points for medium sized enterprises and 20

percentage points for small enterprises;

b) by additional 10 percentage points for cross-border testing and

experimentation infrastructures which are subject to at least two
Member States providing the public funding or for testing and
experimentation infrastructures evaluated and selected at Union level;

c) by additional 5 percentage points for testing and experimentation

infrastructures of which at least 80 % of annual capacity is
allocated to SMEs.

▼B

Article 27
Aid for innovation clusters

1. Aid for innovation clusters shall be compatible with the internal

market within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

▼M6
2. Investment aid can be granted to the owner of the innovation
cluster. Operating aid can be granted to the operator of the innovation
cluster. The operator, when different from the owner, can either have a
legal personality or be a consortium of undertakings without a separate
legal personality. In all instances separate accounting for the costs and
revenues of each activity (ownership, operation and use of the cluster)
has to be kept according to the applicable accounting standards by each
undertaking.
 02014R0651 — EN — 01.07.2023 — 006.001 — 97

▼B
3. Access to the cluster's premises, facilities and activities shall be
open to several users and be granted on a transparent and
non-discriminatory basis. Undertakings which have financed at least
10 % of the investment costs of the innovation cluster may be
granted preferential access under more favourable conditions. In order
to avoid overcompensation, such access shall be proportional to the
undertaking's contribution to the investment costs and these conditions
shall be made publicly available.

▼M6
4. The fees charged for using the cluster’s facilities and for partici­
pating in the cluster’s activities shall correspond to the market price or
reflect their costs including a reasonable margin.

▼B
5. Investment aid may be granted for the construction or upgrade of
innovation clusters. The eligible costs shall be the investment costs in
intangible and tangible assets.

6. The aid intensity of investment aid for innovation clusters shall

not exceed 50 % of the eligible costs. The aid intensity may be
increased by 15 percentage points for innovation clusters located in
assisted areas fulfilling the conditions of Article 107(3)(a) of the
Treaty and by 5 percentage points for innovation clusters located in
assisted areas fulfilling the conditions of Article 107(3)(c) of the Treaty

7. Operating aid may be granted for the operation of innovation

clusters. It shall not exceed 10 years.

8. The eligible costs of operating aid for innovation clusters shall be

the personnel and administrative costs (including overhead costs)
relating to:

(a) animation of the cluster to facilitate collaboration, information

sharing and the provision or channelling of specialised and
customised business support services;

(b) marketing of the cluster to increase participation of new under­

takings or organisations and to increase visibility;

(c) management of the cluster's facilities; organisation of training

programmes, workshops and conferences to support knowledge
sharing and networking and transnational cooperation.

9. The aid intensity of operating aid shall not exceed 50 % of the

total eligible costs during the period over which the aid is granted.

Article 28
Innovation aid for SMEs

1. Innovation aid for SMEs shall be compatible with the internal

market within the meaning of Article 107(3) of the Treaty and shall
be exempted from the notification requirement of Article 108(3) of the
Treaty, provided the conditions laid down in this Article and in Chapter
I are fulfilled:
 02014R0651 — EN — 01.07.2023 — 006.001 — 98

▼B
2. The eligible costs shall be the following:

(a) costs for obtaining, validating and defending patents and other
intangible assets;

(b) costs for secondment of highly qualified personnel from a research

and knowledge-dissemination organization or a large enterprise,
working on research, development and innovation activities in a
newly created function within the beneficiary and not replacing
other personnel;

▼M6
(c) costs for innovation advisory and support services, including those
services provided by research and knowledge dissemination organi­
sations, research infrastructures, testing and experimentation infra­
structures or innovation clusters.

▼B
3. The aid intensity shall not exceed 50 % of the eligible costs.

▼M6
4. In the particular case of aid for innovation advisory and support
services the aid intensity can be increased up to 100 % of the eligible
costs provided that the total amount of aid for innovation advisory and
support services does not exceed EUR 220 000 per undertaking within
any 3 year period.

▼B

Article 29
Aid for process and organisational innovation

1. Aid for process and organisational innovation shall be compatible

with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in
this Article and in Chapter I are fulfilled.

2. Aid to large undertakings shall only be compatible if they

effectively collaborate with SMEs in the aided activity and the collab­
orating SMEs incur at least 30 % of the total eligible costs.

3. The eligible costs shall be the following:

(a) personnel costs;

(b) costs of instruments, equipment, buildings and land to the extent

and for the period used for the project;

(c) costs of contractual research, knowledge and patents bought or

licensed from outside sources at arm's length conditions;

(d) additional overheads and other operating costs, including costs of

materials, supplies and similar products, incurred directly as a result
of the project.

4. The aid intensity shall not exceed 15 % of the eligible costs for
large undertakings and 50 % of the eligible costs for SMEs.
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▼B
Article 30
Aid for research and development in the fishery and aquaculture
sector

1. Aid for research and development in the fishery and aquaculture

sector shall be compatible with the internal market within the meaning
of Article 107(3) of the Treaty and shall be exempted from the notifi­
cation requirement of Article 108(3) of the Treaty, provided that the
conditions laid down in this Article and in Chapter I are fulfilled.

2. The aided project shall be of interest to all undertakings in the

particular sector or sub-sector concerned.

3. Prior to the date of the start of the aided project the following
information shall be published on the internet:

(a) that the aided project will be carried out;

(b) the goals of the aided project;

(c) the approximate date for the publication of the results expected from
the aided project and its place of publication on the internet;

(d) a reference that the results of the aided project will be available to
all undertakings active in the particular sector or sub-sector
concerned at no cost.

4. The results of the aided project shall be made available on internet

from the end date of the aided project or the date on which any
information concerning those results is given to members of any
particular organisation, whatever comes first. The results shall remain
available on internet for a period of at least 5 years starting from the end
date of the aided project.

5. Aid shall be granted directly to the research and

knowledge-dissemination organisation and shall not involve the direct
granting of non-research related aid to an undertaking producing,
processing or marketing fishery or aquaculture products.

6. The eligible costs shall be those provided in Article 25(3).

7. The aid intensity shall not exceed 100 % of the eligible costs.

SECTION 5

Training aid

Article 31
Training aid

1. Training aid shall be compatible with the internal market within

the meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty, provided
that the conditions laid down in this Article and in Chapter I are
fulfilled.

2. Aid shall not be granted for training which undertakings carry out
to comply with national mandatory standards on training.
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▼B
3. The eligible costs shall be the following:

(a) trainers' personnel costs, for the hours during which the trainers
participate in the training;

▼M1
(b) trainers' and trainees' operating costs directly relating to the training
project such as travel expenses, accommodation costs, materials and
supplies directly related to the project, depreciation of tools and
equipment, to the extent that they are used exclusively for the
training project;

▼B
(c) costs of advisory services linked to the training project;

(d) trainees' personnel costs and general indirect costs (administrative

costs, rent, overheads) for the hours during which the trainees
participate in the training.

4. The aid intensity shall not exceed 50 % of the eligible costs. It

may be increased, up to a maximum aid intensity of 70 % of the
eligible costs, as follows:

(a) by 10 percentage points if the training is given to workers with

disabilities or disadvantaged workers;

(b) by 10 percentage points if the aid is granted to medium-sized enter­

prises and by 20 percentage points if the aid is granted to small
enterprises.

5. Where the aid is granted in the maritime transport sector, the aid
intensity may be increased to 100 % of the eligible costs provided that
the following conditions are met:

(a) the trainees are not active members of the crew but are super­
numerary on board; and

(b) the training is carried out on board of ships entered in Union

registers.

SECTION 6

Aid for disadvantaged workers and for workers with disabilities

Article 32
Aid for the recruitment of disadvantaged workers in the form of
wage subsidies

1. Aid schemes for the recruitment of disadvantaged workers shall be

compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in this
Article and in Chapter I are fulfilled.

2. Eligible costs shall be the wage costs over a maximum period of

12 months following recruitment of a disadvantaged worker. Where the
worker concerned is a severely disadvantaged worker, eligible costs
shall be the wage costs over a maximum period of 24 months
following recruitment.
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▼B
3. Where the recruitment does not represent a net increase, compared
with the average over the previous 12 months, in the number of
employees in the undertaking concerned, the post or posts shall have
fallen vacant following voluntary departure, disability, retirement on
grounds of age, voluntary reduction of working time or lawful
dismissal for misconduct and not as a result of redundancy.

4. Except in the case of lawful dismissal for misconduct, the disad­

vantaged workers shall be entitled to continuous employment for a
minimum period consistent with the national legislation concerned or
any collective agreements governing employment contracts.

5. If the period of employment is shorter than 12 months, or 24

months in the case of severely disadvantaged workers, the aid shall
be reduced pro rata accordingly.

6. The aid intensity shall not exceed 50 % of the eligible costs.

Article 33
Aid for the employment of workers with disabilities in the form of
wage subsidies

1. Aid for the employment of workers with disabilities shall be

compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in this
Article and in Chapter I are fulfilled.

2. Eligible costs shall be the wage costs over any given period during
which the worker with disabilities is employed.

3. Where the recruitment does not represent a net increase, compared

with the average over the previous 12 months, in the number of
employees in the undertaking concerned, the post or posts shall have
fallen vacant following voluntary departure, disabilities, retirement on
grounds of age, voluntary reduction of working time or lawful dismissal
for misconduct and not as a result of redundancy.

4. Except in the case of lawful dismissal for misconduct, the workers

with disabilities shall be entitled to continuous employment for a
minimum period consistent with the national legislation concerned or
any collective agreements which are legally binding for the undertaking
and governing employment contracts.

5. The aid intensity shall not exceed 75 % of the eligible costs.

Article 34
Aid for compensating the additional costs of employing workers
with disabilities

1. Aid for compensating the additional costs of employing workers

with disabilities shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from the
notification requirement of Article 108(3) of the Treaty, provided the
conditions laid down in this Article and in Chapter I are fulfilled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 102

▼B
2. The eligible costs shall be the following:

(a) costs of adapting the premises;

(b) costs of employing staff solely for time spent on the assistance of
the workers with disabilities and of training such staff to assist
workers with disabilities;

(c) costs of adapting or acquiring equipment, or acquiring and vali­

dating software for use by workers with disabilities, including
adapted or assistive technology facilities, which are additional to
those which the beneficiary would have incurred had it employed
workers who are not workers with disabilities;

(d) costs directly linked to transport of workers with disabilities to the

working place and for work related activities;

(e) wage costs for the hours spent by a worker with disabilities on
rehabilitation;

(f) where the beneficiary provides sheltered employment, the costs of

constructing, installing or modernising the production units of the
undertaking concerned, and any costs of administration and
transport, provided that such costs result directly from the
employment of workers with disabilities.

3. The aid intensity shall not exceed 100 % of the eligible costs.

Article 35
Aid for compensating the costs of assistance provided to
disadvantaged workers

1. Aid for compensating the costs of assistance provided to disad­

vantaged workers shall be compatible with the internal market within
the meaning of Article 107(3) of the Treaty and shall be exempt from
the notification requirement of Article 108(3) of the Treaty, provided
the conditions laid down in this Article and in Chapter I are fulfilled.

2. The eligible costs shall be the costs of:

(a) employing staff solely for time spent on the assistance of the disad­
vantaged workers over a maximum period of 12 months following
recruitment of a disadvantaged worker or over a maximum period of
24 months following recruitment of a severely disadvantaged
worker;

(b) of training such staff to assist disadvantaged workers.

3. The assistance provided shall consist of measures to support the

disadvantaged worker's autonomy and adaptation to the work
environment, in accompanying the worker in social and administrative
procedures, facilitation of communication with the entrepreneur and
managing conflicts.

4. The aid intensity shall not exceed 50 % of the eligible costs.

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▼B
SECTION 7

Aid for environmental protection

▼M6
Article 36
Investment aid for environmental protection, including
decarbonisation

1. Investment aid for environmental protection, including aid for the

reduction and removal of greenhouse gas emissions, shall be compatible
with the internal market within the meaning of Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

1a. This Article shall not apply to measures for which more specific
rules are laid down in Articles 36a, 36b and 38 to 48. This Article shall
also not apply to investments in equipment, machinery and industrial
production facilities using fossil fuels, including those using natural gas.
This is without prejudice to the possibility to grant aid for the instal­
lation of add-on components improving the level of environmental
protection of existing equipment, machinery and industrial production
facilities, in which case the investment shall result neither in the
expansion of the production capacity nor higher consumption of fossil
fuels.

1b. This Article shall also apply to investments in equipment and

machinery using, and infrastructure transporting, hydrogen to the
extent that the hydrogen used or transported qualifies as renewable
hydrogen. It shall also apply to investments in equipment and
machinery using hydrogen-derived fuels the energy content of which
is derived from renewable sources other than biomass and that have
been produced in accordance with the methodologies set out for
renewable liquid and gaseous transport fuels of non-biological origin
in Directive (EU) 2018/2001 and its implementing or delegated acts.

This Article shall also apply to aid for investments in installations,

equipment and machinery producing or using, and dedicated infra­
structure referred to in Article 2, point (130), last sentence, transporting
hydrogen produced from electricity and which does not qualify as
renewable hydrogen, to the extent that it can be demonstrated that the
electricity-based hydrogen produced, used or transported achieves
life-cycle greenhouse gas emissions savings of at least 70 % relative
to a fossil fuel comparator of 94g CO2eq/MJ. To determine the
life-cycle greenhouse gas emissions savings under this subparagraph,
the greenhouse gas emissions linked to the production of electricity
used to produce hydrogen shall be determined by the marginal
generation unit in the bidding zone where the electrolyser is located
in the imbalance settlement periods when the electrolyser consumes
electricity from the grid.
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In the cases referred to in the first and second subparagraphs, only
hydrogen fulfilling the conditions set out in those subparagraphs shall
be used, transported or – where relevant – produced throughout the
lifetime of the investment. The Member State shall obtain a commitment
to that effect.

▼B
2. The investment shall fulfil one of the following conditions:

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(a) it shall enable the implementation of a project leading to an
increase in the environmental protection of the activities of the
beneficiary, beyond Union standards in force, irrespective of the
presence of mandatory national standards that are more stringent
than the Union standards; for projects linked to or involving
dedicated infrastructure referred to in Article 2, point (130), last
sentence, for hydrogen within the meaning of paragraph 1b, waste
heat or CO2 or including a connection to energy infrastructure for
hydrogen within the meaning of paragraph 1b, waste heat or CO2,
the increase in the environmental protection may also result from
the activities of another entity involved in the infrastructure chain;
or

(b) it shall enable the implementation of a project leading to an

increase in the environmental protection of the activities of the
beneficiary in the absence of Union standards; for projects linked
to or involving dedicated infrastructure referred to in Article 2,
point (130), last sentence, for hydrogen within the meaning of
paragraph 1b, waste heat or CO2 or including a connection to
energy infrastructure for hydrogen within the meaning of
paragraph 1b, waste heat or CO2, the increase in the environmental
protection may also result from the activities of another entity
involved in the infrastructure chain; or

(c) it shall enable the implementation of a project leading to an

increase in the environmental protection of the activities of the
beneficiary to comply with Union standards that have been
adopted but are not yet in force; for projects linked to or
involving dedicated infrastructure referred to in Article 2,
point (130), last sentence, for hydrogen within the meaning of
paragraph 1b, waste heat or CO2 or including a connection to
energy infrastructure for hydrogen within the meaning of
paragraph 1b, waste heat or CO2, the increase in the environmental
protection may also result from the activities of another entity
involved in the infrastructure chain.

2a. Investments in CO2 capture and transport shall fulfil the

following cumulative conditions:

(a) the CO2 capture and/or transport, including individual elements of

the CCS or CCU chain, shall be integrated into a complete
CCS and/or CCU chain;

(b) the net present value (‘NPV’) of the investment project over its
lifetime shall be negative. For the purpose of calculating the
project’s NPV, the avoided costs of CO2 emissions shall be taken
into account;
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(c) the eligible costs shall be exclusively the additional investment costs
stemming from capturing the CO2 from a CO2-emitting installation
(industrial installation or power plant) or directly from ambient air
as well as from buffer storage and transportation of captured CO2
emissions.

2b. When the aid aims at reducing or avoiding direct emissions, the
aid must not merely displace the emissions concerned from one sector
to another and must overall reduce the targeted emissions; in particular,
when the aid aims at reducing greenhouse gas emissions, the aid must
not merely displace these emissions from one sector to another and must
reduce them overall.

3. Aid shall not be granted where investments are undertaken to

ensure that undertakings merely comply with the Union standards in
force. Aid enabling undertakings to comply with Union standards that
have been adopted but not yet in force may be granted under this
Article provided that the investment for which the aid is granted is
implemented and finalised at least 18 months before the date of entry
into force of the standard concerned.

4. The eligible costs shall be the extra investment costs determined

by comparing the costs of the investment to those of a counterfactual
scenario that would occur in the absence of the aid, as follows:

(a) where the counterfactual scenario consists in carrying out a less

environmentally-friendly investment that corresponds to normal
commercial practice in the sector or for the activity concerned,
the eligible costs shall consist in the difference between the costs
of the investment for which State aid is granted and the costs of the
less environmentally-friendly investment;

(b) where the counterfactual scenario consists in carrying out the same
investment at a later point in time, the eligible costs shall consist in
the difference between the costs of the investment for which State
aid is granted and the Net Present Value of the costs of the later
investment, discounted to the point in time when the aided
investment would be undertaken;

(c) where the counterfactual scenario consists in maintaining the

existing installations and equipment in operation, the eligible costs
shall consist in the difference between the costs of the investment
for which State aid is granted and the Net Present Value of the
investments in the maintenance, repair and modernisation of the
existing installations and equipment, discounted to the point in
time when the aided investment would be undertaken;

(d) in the case of equipment subject to leasing agreements, the eligible

costs shall consist in the difference in Net Present Value between
the leasing of equipment for which State aid is granted and the
leasing of the less environmentally-friendly equipment that would
be leased in the absence of the aid; the leasing costs shall not
include costs relating to the operation of the equipment or instal­
lation (fuel costs, insurance, maintenance, other consumables), irre­
spective of whether they are part of the leasing contract.
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In all situations listed in the first subparagraph, points (a) to (d), the
counterfactual scenario shall correspond to an investment with
comparable output capacity and lifetime that complies with Union
standards already in force. The counterfactual scenario shall be
credible in the light of legal requirements, market conditions and
incentives generated by the EU ETS system.

Where the investment for which State aid is granted consists in the
installation of an add-on component to an already existing facility, for
which there is no less environmentally-friendly counterfactual
investment, the eligible costs shall be the total investment costs.

Where the investment for which State aid is granted consists in the
construction of dedicated infrastructure referred to in Article 2,
point (130), last sentence, for hydrogen within the meaning of
paragraph 1b, waste heat or CO2, that is necessary to enable the
increase in the level of environmental protection as referred to in
paragraphs 2 and 2a, the eligible costs shall be the total investment
costs. Costs for the construction or upgrade of storage facilities, with
the exception of storage facilities for renewable hydrogen and hydrogen
covered by paragraph 1b, second subparagraph, shall not be eligible.

The costs not directly linked to the achievement of a higher level of

environmental protection shall not be eligible.

5. The aid intensity shall not exceed 40 % of the eligible costs.

Where the investment, with the exception of those which rely on the
use of biomass, results in a 100 % reduction of the direct greenhouse
gas emissions, the aid intensity may reach 50 %.

6. In case of investments relating to CCS and/or CCU, the aid

intensity shall not exceed 30 % of the eligible costs.

▼B
7. The aid intensity may be increased by 10 percentage points for aid
granted to medium sized undertakings and by 20 percentage points for
aid granted to small undertakings.

8. The aid intensity may be increased by 15 percentage points for

investments located in assisted areas fulfilling the conditions of
Article 107(3)(a) of the Treaty and by 5 percentage points for
investments located in assisted areas fulfilling the conditions of
Article 107(3)(c) of the Treaty.

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9. The aid intensity may reach 100 % of the investment costs where
aid is granted in a competitive bidding process, which fulfils all of the
following conditions in addition to those laid down in Article 2,
point (38):

(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;
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(b) during the implementation of a scheme, in case of a bidding process
where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results) shall be excluded;

(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid in relation to the project’s
contribution to the environmental objectives of the measure, for
example the aid requested per unit of environmental protection to
be delivered.

10. Alternatively to paragraphs 4 to 9, the aid amount shall not

exceed the difference between the investment costs directly linked to
the achievement of a higher level of environmental protection and the
operating profit of the investment. The operating profit shall be
deducted from the eligible costs ex ante, on the basis of reasonable
projections and verified ex post through a claw-back mechanism.

11. By way of derogation from paragraph 4, first subparagraph,

points (a) to (d), and paragraphs 9 and 10, the eligible costs may be
determined without the identification of the counterfactual scenario and
in the absence of a competitive bidding process. In that case, the eligible
costs shall be the investment costs directly linked to the achievement of
a higher level of environmental protection and the applicable aid
intensities and bonuses set out in paragraphs 5 to 8 are reduced by
50 %.

Article 36a
Investment aid for recharging or refuelling infrastructure

1. Investment aid for recharging or refuelling infrastructure shall be

compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down in
this Article and in Chapter I are fulfilled.

2. This Article shall only cover aid granted for recharging or

refuelling infrastructures that supply vehicles, mobile terminal
equipment or mobile groundhandling equipment with electricity or
hydrogen. For aided refuelling infrastructure supplying hydrogen, the
Member State shall obtain from the beneficiary a commitment that by
31 December 2035 at the latest, the refuelling infrastructure will solely
supply renewable hydrogen. This Article does not apply to aid for
investments relating to recharging and refuelling infrastructure in ports.
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3. The eligible costs shall be the costs of the construction, instal­
lation, upgrade or extension of recharging or refuelling infrastructure.
Those costs may include the costs of the recharging or refuelling infra­
structure itself and related technical equipment, the installation of or
upgrades to electrical or other components, including electrical cables
and power transformers, required for connecting the recharging or
refuelling infrastructure to the grid or to a local electricity or
hydrogen production or storage unit, as well as civil engineering
works, land or road adaptations, installation costs and costs for
obtaining related permits.

The eligible costs may also cover the investment costs of on-site
production of renewable electricity or renewable hydrogen, and the
investment costs of storage units for storing renewable electricity or
hydrogen. The nominal production capacity of the on-site renewable
electricity or renewable hydrogen production installation shall not
exceed the maximum rated output or refuelling capacity of the
recharging or refuelling infrastructure to which it is connected.

4. Aid under this Article shall be granted in a competitive bidding

process, which fulfils all of the following conditions in addition to those
laid down in Article 2, point (38):

(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;

(b) during the implementation of a scheme, in case of a bidding process

where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results) shall be excluded;

(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid in relation to the project’s
contribution to the environmental objectives of the measure for
example aid requested per recharging or refuelling point.

5. Where the aid is granted in a competitive bidding process

complying with the conditions of paragraph 4, the aid intensity may
reach up to 100 % of the eligible costs.
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6. By way of derogation from paragraph 4, aid may be granted in the
absence of a competitive bidding process when the aid is granted based
on an aid scheme. In this case, the aid intensity shall not exceed 20 %
of the eligible costs. The aid intensity may be increased by 20
percentage points for medium-sized enterprises and by 30 percentage
points for small enterprises. The aid intensity may also be increased by
15 percentage points for investments located in assisted areas designated
in an approved regional aid map in force at the time of provision of the
aid in application of in Article 107(3), point (a), of the Treaty or by 5
percentage points for investments located in assisted areas designated in
an approved regional aid map in force at the time of provision of the aid
in application of Article 107(3), point (c), of the Treaty.

7. The aid granted to any one undertaking shall not exceed 40 % of

the total budget of the scheme concerned.

8. Where the recharging or refuelling infrastructure is open for access

by users other than the aid beneficiary or beneficiaries, aid shall only be
granted for the construction, installation, upgrade or extension of
recharging or refuelling infrastructure accessible to the public and
providing non-discriminatory access to users, including in relation to
tariffs, authentication and payment methods and other terms and
conditions of use. The fees charged to users other than the aid benefici­
ary or beneficiaries for using the recharging or refuelling infrastructure
shall correspond to market prices.

9. Operators of recharging or refuelling infrastructure that offer or

allow contract-based payments on their infrastructure shall not
discriminate between mobility service providers, for example by
applying preferential access conditions, or through price differentiation
without an objective justification.

10. The necessity of aid to invest in recharging or refuelling infra­

structure of the same category as the one to be supported with aid (for
example, for recharging infrastructure: normal or high power) shall be
established through an ex ante open public consultation or an inde­
pendent market study, which are no older than 1 year at the moment
of the entry into force of the aid measure. In particular, it shall be
established that no such investment is likely to take place on
commercial terms within 3 years from the entry into force of the aid
measure.

The obligation to conduct an ex ante open public consultation or an

independent market study laid down in the first subparagraph shall not
apply to aid for the construction, installation, upgrade or extension of
recharging or refuelling infrastructure that is not accessible to the public.

11. By way of derogation from paragraph 10, the necessity of aid for
recharging or refuelling infrastructure for road vehicles shall be
presumed where vehicles powered exclusively by electricity (for
recharging infrastructures) or vehicles powered at least partially by
hydrogen (for refuelling infrastructures) represent respectively less
than 3 % of the total number of vehicles of the same category registered
in the Member State concerned. For the purpose of this paragraph,
passenger cars and light-duty commercial vehicles shall be considered
as being part of the same category of vehicles.
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12. Any concession or other entrustment to a third party to operate
the supported recharging or refuelling infrastructure shall be assigned on
a competitive, transparent and non-discriminatory basis, having due
regard to the applicable procurement rules.

13. Where aid is granted for the deployment of new recharging infra­
structure that allows for a transfer of electricity with a power output of
less than or equal to 22 kW, the infrastructure must be capable of
supporting smart recharging functionalities.

Article 36b
Investment aid for the acquisition of clean vehicles or zero-emission
vehicles and for the retrofitting of vehicles

1. Investment aid for the acquisition of clean vehicles or

zero-emission vehicles for road, railway, inland waterway and
maritime transport and for the retrofitting of vehicles other than
aircraft to qualify as clean vehicles or as zero-emission vehicles shall
be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the conditions
laid down in this Article and in Chapter I are fulfilled.

2. Aid shall be granted for the purchase or the leasing for a duration
of at least 12 months of clean vehicles powered at least partially by
electricity or by hydrogen or zero-emission vehicles and for the retro­
fitting of vehicles allowing them to qualify as clean vehicles or
zero-emission vehicles.

3. The eligible costs shall be the following:

(a) for investments consisting in the purchase of clean vehicles or

zero-emission vehicles, the extra costs of purchasing the clean
vehicle or the zero-emission vehicle. Those shall be calculated as
the difference between the investment costs of purchasing the clean
vehicle or the zero-emission vehicle and the investment costs of
purchasing a vehicle of the same category that complies with
applicable Union standards already in force and would have been
acquired without the aid;

(b) for investments consisting in the leasing of clean vehicles or

zero-emission vehicles, the extra costs of leasing the clean vehicle
or the zero-emission vehicle. Those shall be calculated as the
difference between the net present value of leasing the clean
vehicle or the zero-emission vehicle and the net present value of
leasing a vehicle of the same category that complies with applicable
Union standards already in force and would have been leased
without the aid. For the purposes of determining the eligible
costs, the operating costs linked to the operation of the vehicle,
including energy costs, insurance costs and maintenance costs,
shall not be taken into account, irrespective of whether they are
included in the leasing contract;

(c) for investments consisting in the retrofitting of vehicles allowing

them to qualify as clean vehicles or zero-emission vehicles, the
costs of the investment in the retrofitting.
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4. Aid under this Article shall be granted in a competitive bidding
process, which fulfils all of the following conditions in addition to those
laid down in Article 2, point (38):

(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;

(b) during the implementation of a scheme, in case of a bidding process

where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results) shall be excluded;

(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid in relation to the project’s
contribution to the environmental objectives of the measure for
example aid requested per clean or zero-emission vehicle.

5. Where the aid is granted in a competitive bidding process

complying with the conditions of paragraph 4, the aid intensity shall
not exceed:

(a) 100 % of the eligible costs for the purchase or the leasing of
zero-emission vehicles or the retrofitting of vehicles allowing
them to qualify as zero-emission vehicles;

(b) 80 % of the eligible costs for the purchase or the leasing of clean
vehicles, or of the retrofitting of vehicles allowing them to qualify
as clean vehicles.

6. By way of derogation from paragraph 4, aid may be granted

outside of a competitive bidding process when the aid is granted
based on an aid scheme.

In those cases, the aid intensity shall not exceed 20 % of the eligible
cost. The aid intensity may be increased by 10 percentage points for
zero-emission vehicles and by 20 percentage points for medium-sized
enterprises or by 30 percentage points for small enterprises.

7. By derogation from paragraph 4, aid may also be granted outside

of a competitive bidding process when the aid is granted for under­
takings that have been awarded a public service contract for the
provision of public passenger transport services by land, rail or water
following an open, transparent and non-discriminatory public tender
only in relation to the acquisition of clean vehicles or zero-emission
vehicles used for the provision of the public passenger transport services
subject to the public service contract.
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In this case, the aid intensity shall not exceed 40 % of the eligible cost.
The aid intensity may be increased by 10 percentage points for
zero-emission vehicles.

__________

Article 38
Investment aid for energy efficiency measures other than in
buildings

1. Investment aid enabling undertakings to improve energy efficiency

other than in buildings shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. Aid shall not be granted under this Article for investments

undertaken to comply with Union standards that have been adopted
and are in force. Aid may be granted under this Article for investments
undertaken to comply with Union standards that have been adopted but
are not yet in force, provided that the investment is implemented and
finalised at least 18 months before the standard enters into force.

2a. This Article shall not apply to aid for cogeneration and aid for
district heating and/or cooling.

2b. Aid for the installation of energy equipment fired by fossil fuels,
including natural gas, shall not be exempted under this Article from the
notification requirement of Article 108(3) of the Treaty.

3. The eligible costs shall be the extra investment costs necessary to

achieve the higher level of energy efficiency. They shall be determined
by comparing the costs of the investment to those of the counterfactual
scenario that would occur in the absence of the aid, as follows:

(a) where the counterfactual scenario consists in carrying out a less

energy-efficient investment that corresponds to normal commercial
practice in the sector or for the activity concerned, the eligible costs
shall consist in the difference between the costs of the investment
for which State aid is granted and the costs of the less
energy-efficient investment;

(b) where the counterfactual scenario consists in carrying out the same
investment at a later point in time, the eligible costs shall consist in
the difference between the costs of the investment for which State
aid is granted and the Net Present Value of the costs of the later
investment, discounted to the point in time when the aided
investment would be undertaken;
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(c) where the counterfactual scenario consists in maintaining the
existing installations and equipment in operation, the eligible costs
shall consist in the difference between the costs of the investment
for which State aid is granted and the Net Present Value of the
investment in the maintenance, repair and modernisation of the
existing installation and equipment, discounted to the point in
time when the aided investment would be undertaken;

(d) In the case of equipment subject to leasing agreements, the eligible

costs shall consist in the difference in Net Present Value between
the leasing of the equipment for which State aid is granted and the
leasing of the less energy-efficient equipment that would be leased
in the absence of aid; the leasing costs shall not include costs
relating to the operation of the equipment or installation (fuel
costs, insurance, maintenance, other consumables), irrespective of
whether they are part of the leasing contract.

In all situations listed in the first subparagraph, the counterfactual shall

correspond to an investment with comparable output capacity and
lifetime that complies with Union standards already in force. The
counterfactual shall be credible in the light of legal requirements,
market conditions and incentives generated by the EU ETS system.

Where the investment consists in a clearly identifiable investment solely

aimed at improving energy efficiency, for which there is no less energy
efficient counterfactual investment, the eligible costs shall be the total
investment costs.

The costs not directly linked to the achievement of a higher level of

energy efficiency shall not be eligible.

__________

▼B
4. The aid intensity shall not exceed 30 % of the eligible costs.

5. The aid intensity may be increased by 20 percentage points for aid

granted to small undertakings and by 10 percentage points for aid
granted to medium-sized undertakings.

6. The aid intensity may be increased by 15 percentage points for

investments located in assisted areas fulfilling the conditions of
Article 107(3)(a) of the Treaty and by 5 percentage points for
investments located in assisted areas fulfilling the conditions of
Article 107(3)(c) of the Treaty.

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7. The aid intensity may reach 100 % of the total investment costs
where aid is granted in a competitive bidding process, which fulfils all
of the following conditions in addition to those laid down in Article 2,
point (38):

(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;
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(b) during the implementation of a scheme, in case of a bidding process
where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results) shall be excluded;

(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid in relation to the project’s
contribution to the environmental objectives of the measure, for
example aid requested per unit of energy saved or of energy effi­
ciency gained. Those criteria shall not account for less than 70 % of
the weighting of all the selection criteria.

8. By way of derogation from paragraph 3, points (a) to (d) and

paragraph 7, the eligible costs may be determined without the identifi­
cation of the counterfactual scenario and in the absence of a competitive
bidding process. In that case, the eligible costs shall be the total
investment costs directly linked to the achievement of a higher level
of energy efficiency and the applicable aid intensities and bonuses set
out in paragraphs 4, 5 and 6 are reduced by 50 %.

Article 38a
Investment aid for energy efficiency measures in buildings

1. Investment aid enabling undertakings to achieve energy efficiency

in buildings shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty, provided
that the conditions laid down in this Article and in Chapter I are
fulfilled.

2. Aid shall not be granted under this Article for investments

undertaken to comply with Union standards that have been adopted
and are in force.

3. Aid may be granted under this Article for investments undertaken

to comply with Union standards that have been adopted but are not yet
in force. Where the relevant Union standards are minimum energy
performance standards, the aid must be granted before the standards
become mandatory for the undertaking concerned. In that case, the
Member State must ensure that beneficiaries provide a precise reno­
vation plan and timetable demonstrating that the aided renovation is
at least sufficient to ensure compliance with the minimum energy
performance standards. Where the relevant Union standards are
different from minimum energy performance standards, the investment
must be implemented and finalised at least 18 months before the Union
standard enters into force.

4. This Article shall not apply to aid for cogeneration and aid for
district heating and/or cooling.
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5. The eligible costs shall be the total investment costs. The costs not
directly linked to the achievement of a higher level of energy efficiency
in the building shall not be eligible.

6. The aid shall induce an improvement in the energy performance of

the building measured in primary energy of at least: (i) 20 % compared
to the situation prior to the investment in the case of renovation of
existing buildings, or (ii) 10 % compared to the situation prior to the
investment in the case of renovation measures concerning the instal­
lation or replacement of just one type of building elements as defined in
Article 2(9) of Directive 2010/31/EU and such targeted renovation
measures do not represent more than 30 % of the part of the
scheme’s budget dedicated to energy efficiency measures, or (iii)
10 % compared to the threshold set for the nearly zero-energy
building requirements in national measures transposing
Directive 2010/31/EU in the case of new buildings. The initial
primary energy demand and the estimated improvement shall be estab­
lished by reference to an Energy Performance Certificate as defined in
Article 2(12) of Directive 2010/31/EU.

7. The aid granted for the improvement of the energy efficiency of

the building may be combined with aid for any or all of the following
measures:

(a) the installation of integrated on-site equipment generating elec­

tricity, heating or cooling from renewable energy sources,
including but not limited to photovoltaic panels and heat pumps;

(b) the installation of equipment for the storage of the energy generated
by the on-site renewable energy installations. The storage equipment
shall absorb at least 75 % of its energy from a directly connected
renewable energy generation installation, on an annual basis;

(c) the connection to an energy efficient district heating and/or cooling

system and related equipment;

(d) the construction and installation of recharging infrastructure for use

by the building users, and related infrastructure, such as ducting,
where the parking facilities are located either inside the building or
are physically adjacent to the building;

(e) the installation of equipment for the digitalisation of the building in

particular to increase its smart-readiness, including passive in-house
wiring or structured cabling for data networks and the ancillary part
of the broadband infrastructure on the property to which the
building belongs, but excluding wiring or cabling for data
networks outside the property;

(f) investments in green roofs and equipment for the retention and use
of rain water.

In case of any such combined works, as set out in points (a) to (f), the
entire investment cost of the various installations and equipment shall
constitute the eligible costs. The costs not directly linked to the
achievement of a higher level of energy or environmental performance
shall not be eligible.

8. The aid may be granted either to the building owner(s) or the

tenant(s), depending on who is commissioning the energy efficiency
measure.
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9. Aid may also be granted for the improvement of the energy effi­
ciency of the heating or cooling equipment inside the building.

10. Aid for the installation of energy equipment fired by fossil fuels,
including natural gas, shall not be exempted under this Article from the
notification requirement of Article 108(3) of the Treaty.

11. The aid intensity shall not exceed 30 % of the eligible costs.

12. By way of derogation from paragraph 11, where the investment

consists in the installation or replacement of just one type of building
element as defined in Article 2(9) of Directive 2010/31/EU, the aid
intensity shall not exceed 25 %.

13. By way of derogation from paragraphs 11 and 12, where aid for
investments in buildings undertaken to comply with minimum energy
performance standards qualifying as Union standards is granted less
than 18 months before the Union standards enter into force, the aid
intensity must not exceed 15 % of the eligible costs where the
investment consists in the installation or replacement of just one type
of building element as defined in Article 2(9) of Directive 2010/31/EU
and 20 % in all other cases.

14. The aid intensity may be increased by 20 percentage points for

aid granted to small undertakings and by 10 percentage points for aid
granted to medium-sized undertakings.

15. The aid intensity may be increased by 15 percentage points for

investments located in assisted areas fulfilling the conditions of
Article 107(3), point (a), of the Treaty and by 5 percentage points for
investments located in assisted areas fulfilling the conditions of
Article 107(3), point (c), of the Treaty.

16. The aid intensity may be increased by 15 percentage points for

aid granted to improve the energy efficiency of existing buildings,
where the aid induces an improvement in the energy performance of
the building measured in primary energy of at least 40 % compared to
the situation prior to the investment. This increase in aid intensity does
not apply where the investment does not improve the energy
performance of the building beyond the level imposed by minimum
energy performance standards qualifying as Union standards entering
into force within less than 18 months from the moment the investment
is implemented and finalised.

Article 38b
Aid for the facilitation of energy performance contracting

1. Aid for the facilitation of energy performance contracting shall be

compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down in
this Article and in Chapter I are fulfilled.
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2. Aid may be granted under this Article for the facilitation of energy
performance contracting within the meaning of Article 2, point (27), of
Directive 2012/27/EU.

3. Eligible for aid under this Article are SMEs and small mid-caps
that are providers of energy performance improvement measures, and
which are the final beneficiaries of the aid.

4. The aid shall take the form of a senior loan or guarantee to the
provider of the energy efficiency improvement measures under an
energy performance contract, or consist in a financial product aimed
at financing the provider (for example, factoring or forfaiting).

5. The duration of the loan or guarantee to the provider of energy

efficiency improvement measures shall not exceed 10 years.

6. Where the aid takes the form of a senior loan, the co-investment
by commercial providers of debt funding shall not be lower than 30 %
of the value of the underlying porfolio of energy performance contracts,
and the repayment by the provider of energy efficiency improvement
measures shall at least be equal to the nominal amount of the loan.

7. Where the aid takes the form of a guarantee, the guarantee shall
not exceed 80 % of the underlying loan’s principal and losses are
sustained proportionally and under the same conditions by the credit
institution and the State. The guaranteed amount shall decrease propor­
tionally, in such a way that the guarantee never covers more than 80 %
of the outstanding loan.

8. The nominal amount of total outstanding financing provided per

beneficiary shall not exceed EUR 30 million.

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Article 39
Investment aid for energy efficiency projects in buildings in the
form of financial instruments

▼B
1. Investment aid for energy efficiency projects in buildings shall be
compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down in
this Article and in Chapter I are fulfilled.

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2. Eligible for aid under this Article are investments improving the
energy efficiency of buildings.

2a. The aid granted for the improvement of the energy efficiency of
the building may be combined with aid for any or all of the following
measures:

(a) the installation of integrated on-site equipment generating elec­

tricity, heating or cooling from renewable energy sources,
including but not limited to photovoltaic panels and heat pumps;

(b) the installation of equipment for the storage of the energy generated
by the on-site renewable energy installations. The storage equipment
shall absorb at least 75 % of its energy from a directly connected
renewable energy generation installation, on an annual basis;
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(c) investments in the connection to an energy efficient district
heating and/or cooling system and related equipment;

(d) the construction and installation of recharging infrastructure for use

by the building users, and related infrastructure, such as ducting,
where the car park is located either inside the building or is
physically adjacent to the building;

(e) the installation of equipment for the digitalisation of the building, in

particular to increase its smart-readiness. Eligible investments may
include interventions limited to passive in-house wiring or
structured cabling for data networks and the ancillary part of the
broadband infrastructure on the property to which the building
belongs, but excluding wiring or cabling for data networks
outside the property;

(f) investments in green roofs and equipment for the retention and use
of rain water.

3. The eligible costs shall be the total costs of the energy efficiency
project, except for buildings referred to in paragraph 2a, where the
eligible costs shall be the total costs of the energy efficiency project
as well as the investment cost of the various pieces of equipment listed
in paragraph 2a.

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4. The aid shall be granted in the form of an endowment, equity, a
guarantee or a loan to an energy efficiency fund or other financial
intermediary, which shall pass it on to the largest extent possible to
the final beneficiaries, being the building owners or tenants, in the form
of higher volumes of financing, lower collateral requirements, lower
guarantee premiums or lower interest rates.

5. ►M6 The energy efficiency fund or other financial intermediary

shall grant loans or guarantees to the eligible energy efficiency projects.
The nominal value of the loan or the amount guaranteed shall not
exceed EUR 25 million per final beneficiary and project, except in
the case of the combined investments referred to in paragraph 2a,
where it shall not exceed EUR 30 million. ◄ The guarantee shall not
exceed 80 % of the underlying loan.

▼B
6. The repayment by the building owners to the energy efficiency
fund or other financial intermediary shall not be less than the nominal
value of the loan.

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7. The energy efficiency aid shall leverage additional investment
from independent private investors as defined in Article 2, point (72),
reaching at minimum 30 % of the total financing provided to an energy
efficiency project. When the aid is provided by an energy efficiency
fund, the leverage of such private investment can be done at the level of
the energy efficiency fund and/or at the level of the energy efficiency
projects, so as to achieve an aggregate minimum 30 % of the total
financing provided to an energy efficiency project.
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▼B
8. Member States can set up energy efficiency funds and/or can use
financial intermediaries when providing energy efficiency aid. The
following conditions must then be fulfilled:

(a) Financial intermediary managers, as well as energy efficiency fund

managers shall be selected through an open, transparent and
non-discriminatory call in accordance with applicable Union and
national laws. In particular, there shall be no discrimination on
the basis of their place of establishment or incorporation in any
Member State. Financial intermediaries and energy efficiency fund
managers may be required to fulfil predefined criteria objectively
justified by the nature of the investments;

(b) The independent private investors shall be selected through an open,

transparent and non-discriminatory call in accordance with
applicable Union and national laws aimed at establishing the appro­
priate risk-reward sharing arrangements whereby, for investments
other than guarantees, asymmetric profit-sharing shall be given pref­
erence over downside protection. If the private investors are not
selected by such a call, the fair rate of return to the private
investors shall be established by an independent expert selected
via an open, transparent and non-discriminatory call;

(c) In the case of asymmetric loss-sharing between public and private

investors, the first loss assumed by the public investor shall be
capped at 25 % of the total investment;

(d) In the case of guarantees, the guarantee rate shall be limited to 80 %

and total losses assumed by a Member State shall be capped at
25 % of the underlying guaranteed portfolio. Only guarantees
covering the expected losses of the underlying guaranteed
portfolio can be provided for free. If a guarantee also comprises
coverage of unexpected losses, the financial intermediary shall pay,
for the part of the guarantee covering unexpected losses, a market-
conform guarantee premium;

(e) The investors shall be allowed to be represented in the governance

bodies of the energy efficiency fund or financial intermediary, such
as the supervisory board or the advisory committee;

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(f) The energy efficiency fund or financial intermediary shall be estab­
lished in accordance with the applicable laws and the Member State
shall ensure a due diligence process in order to verify that
commercially sound investment strategy will be applied for the
purpose of implementing the energy efficiency aid measure.

▼B
9. Financial intermediaries, including energy efficiency funds shall be
managed on a commercial basis and shall ensure profit-driven financing
decisions. This is considered to be the case when the financial inter­
mediary and, as the case may be, the managers of the energy efficiency
fund fulfil the following conditions:
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▼B
(a) they are obliged by law or contract to act with the diligence of a
professional manager in good faith and avoiding conflicts of
interest; best practices and regulatory supervision shall apply;

(b) their remuneration conforms with market practices. This

requirement is considered to be met where the manager is
selected through an open, transparent and non-discriminatory call,
based on objective criteria linked to experience, expertise and oper­
ational and financial capacity;

(c) they shall receive a remuneration linked to performance, or shall

share part of the investment risks by co-investing own resources so
as to ensure that their interests are permanently aligned with the
interests of the public investor;

(d) they shall set out an investment strategy, criteria and the proposed
timing of investments in energy efficiency projects, establishing the
ex-ante financial viability and their expected impact on energy
efficiency.

(e) a clear and realistic exit strategy shall exist for the public funds
invested in the energy efficiency fund or granted to the financial
intermediary, allowing the market to finance energy efficiency
projects when the market is ready to do so.

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10. Aid shall not be granted under this Article for investments
undertaken to comply with Union standards that have been adopted
and are in force.

11. Aid may be granted under this Article for investments undertaken
to comply with Union standards that have been adopted but are not yet
in force. Where the relevant Union standards are minimum energy
performance standards, the aid must be granted before the standards
become mandatory for the undertaking concerned. In that case, the
Member State must ensure that beneficiaries provide a precise reno­
vation plan and timetable demonstrating that the aided renovation is
at least sufficient to ensure compliance with the minimum energy
performance standards. Where the relevant Union standards are
different from minimum energy performance standards, the investment
must be implemented and finalised at least 18 months before the
standard enters into force.

12. Aid may also be granted for the improvement of the energy
efficiency of the heating or cooling equipment inside the building.

13. Aid for the installation of energy equipment fired by fossil fuels,
including natural gas, shall not be exempted under this Article from the
notification requirement of Article 108(3) of the Treaty.

14. The Member State may assign the implementation of the aid
measure to an entrusted entity.

__________
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Article 41
Investment aid for the promotion of energy from renewable sources,
of renewable hydrogen and of high-efficiency cogeneration

1. Investment aid for the promotion of energy from renewable energy

sources, of renewable hydrogen and of high-efficiency cogeneration,
with the exception of electricity produced from renewable hydrogen,
shall be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the conditions
laid down in this Article and in Chapter I are fulfilled.

1a. Investment aid for electricity storage projects under this Article
shall be exempted from the notification requirement of Article 108(3) of
the Treaty only to the extent that it is granted to combined renewable
and storage projects (behind-the-meter), where both elements are
components of a single investment or where storage is connected to
an existing renewable generation installation. The storage component
shall absorb at least 75 % of its energy from directly connected
renewable energy generation installation, on an annual basis. All
investment components (generation and storage) are considered to
constitute a single integrated project for verification of compliance
with the thresholds set out in Article 4. The same rules shall apply to
thermal storage directly connected to a renewable energy production
installation.

2. Investment aid for the production and storage of biofuels,

bioliquids, biogas (including biomethane) and biomass fuels shall be
exempted from the notification requirement of Article 108(3) of the
Treaty only to the extent that the aided fuels are compliant with the
sustainability and greenhouse gases emissions saving criteria of
Directive (EU) 2018/2001 and its implementing or delegated acts and
are made from the feedstock listed in Annex IX to that Directive. The
storage component shall obtain at least 75 % of its fuel content from
directly connected biofuels, bioliquids, biogas (including biomethane)
and biomass fuels production installations, on an annual basis. All
investment components (production and storage) are considered to
constitute a single integrated project for verification of compliance
with the thresholds set out in Article 4 of this Regulation.

3. Investment aid for the production of hydrogen shall be exempted

from the notification requirement of Article 108(3) of the Treaty only for
installations producing exclusively renewable hydrogen. For renewable
hydrogen projects consisting of an electrolyser and one or more
renewable generation units behind a single grid connection point, the
capacity of the electrolyser shall not exceed the combined capacity of
the renewable generation units. The investment aid may cover dedicated
infrastructure for the transmission or distribution of renewable hydrogen,
as well as storage facilities for renewable hydrogen.
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4. Investment aid for high-efficiency cogeneration units shall be
exempted from the notification requirement of Article 108(3) of the
Treaty only to the extent that they provide overall primary energy
savings compared to separate production of heat and electricity as
provided for by Directive 2012/27/EU or any subsequent legislation
replacing this act in full or in part. Investment aid for electricity and
thermal storage projects directly connected to high-efficiency cogen­
eration based on renewable energy sources shall be exempted from
the notification requirement of Article 108(3) of the Treaty under the
conditions laid down in paragraph 1a of this Article.

4a. Investment aid for high-efficiency cogeneration shall be

exempted from the notification requirement of Article 108(3) of the
Treaty only if it is not for fossil fuel fired cogeneration installations,
with the exception of natural gas where compliance with the 2030
and 2050 climate targets is ensured in accordance with section 4.30
of Annex 1 to Commission Delegated Regulation (EU) 2021/2139 (1).

5. The investment aid shall be granted in respect of newly installed

or refurbished capacities. The aid amount shall be independent from the
output.

6. The eligible costs shall be the total investment cost.

7. The aid intensity shall not exceed:

(a) 45 % of the eligible costs for investments in the production of

renewable energy sources, including heat pumps compliant with
Annex VII to Directive 2018/2001, renewable hydrogen and
high-efficiency cogeneration based on renewable energy sources;

(b) 30 % of the eligible costs for any other investment covered by this
Article.

▼B
8. The aid intensity may be increased by 20 percentage points for aid
granted to small undertakings and by 10 percentage points for aid
granted to medium-sized undertakings.

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__________

10. The aid intensity may reach 100 % of the eligible costs where aid
is granted in a competitive bidding process, which fulfils all of the
following conditions in addition to those laid down in Article 2,
point (38):

(1) Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supple­

menting Regulation (EU) 2020/852 of the European Parliament and of the
Council by establishing the technical screening criteria for determining the
conditions under which an economic activity qualifies as contributing
substantially to climate change mitigation or climate change adaptation and
for determining whether that economic activity causes no significant harm to
any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 123

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(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;

(b) during the implementation of a scheme, in case of a bidding process

where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results or rationing) shall be
excluded;

(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid per unit of energy capacity from
renewable sources or high efficiency-cogeneration.

▼B

Article 42
Operating aid for the promotion of electricity from renewable
sources

▼M6
1. Operating aid for the promotion of electricity from renewable
energy sources, with the exception of electricity produced from
renewable hydrogen, shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. Aid shall be granted in a competitive bidding process, which

fulfils all of the following conditions in addition to those laid down
in Article 2, point (38):

(a) the aid award shall be based on objective, clear, transparent and
non-discriminatory eligibility and selection criteria, defined ex ante
and published at least 6 weeks in advance of the deadline for
submitting applications, to enable effective competition;

(b) during the implementation of a scheme, in case of a bidding process

where all bidders receive aid, the design of said process shall be
corrected to restore effective competition in the subsequent bidding
processes, for example, by reducing the budget or volume;

(c) ex post adjustments to the bidding process outcome (such as

subsequent negotiations on bid results or rationing) shall be
excluded;
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(d) at least 70 % of the total selection criteria used for ranking bids and,
ultimately, for allocating the aid in the competitive bidding process
shall be defined in terms of aid per unit of electricity output or
capacity from renewable sources.

The bidding process shall be open to all generators producing electricity

from renewable energy sources on a non-discriminatory basis.

3. The bidding process can be limited to specific technologies where:

(a) a measure aims specifically to support demonstration projects;

(b) a measure aims to address not only decarbonisation but also air
quality or other pollution;

(c) a Member State identifies reasons to expect that eligible sectors or

innovative technologies have the potential to make an important and
cost-effective contribution to environmental protection and deep
decarbonisation in the longer term;

(d) a measure is required to achieve diversification necessary to avoid

exacerbating issues related to network stability;

(e) a more selective approach can be expected to lead to lower costs of

achieving environmental protection (for example through reduced
system integration costs as a result of diversification, including
between renewables, which could also include demand
response and/or storage), and/or result in less distortion of
competition.

Member States shall carry out a detailed assessment of the applicability

of such conditions and report it to the Commission according to the
modalities described in Article 11(1), point (a).

4. Where the bidding process is limited to one or more innovative

technologies, the aid granted to these technologies shall not exceed 5 %
of the planned new electricity capacity from renewable energy sources
per year in total.

5. Aid shall be granted as a premium in addition to the market price

or in the form of a contract for difference whereby the generators sell
their electricity directly in the market.

6. Aid beneficiaries shall sell their electricity directly in the market

and be subject to standard balancing responsibilities. Beneficiaries may
outsource balancing responsibilities to other undertakings on their
behalf, such as aggregators. Furthermore, aid shall not be paid for
any periods where prices are negative. For the avoidance of doubt,
this applies as of the moment when prices turn negative.
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7. Small-scale renewable electricity installations may benefit from aid
in the form of direct price support that covers the full costs of operation
and from an exemption from the requirement to sell the electricity
produced on the market, in accordance with Article 4(3) of
Directive (EU) 2018/2001. Installations will be considered as
small-scale for the purposes of this paragraph if their capacity is
below the applicable threshold under Article 5(2), point (b), or
Article 5(4) of Regulation (EU) 2019/943.

__________

11. Aid shall only be granted over the lifetime of the project.

Article 43
Operating aid for the promotion of energy from renewable sources
and of renewable hydrogen in small projects and renewable energy
communities

1. Operating aid for the promotion of energy from renewable sources

and of renewable hydrogen in small projects and renewable energy
communities, with the exception of electricity produced from
renewable hydrogen, shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. For the purposes of this Article small projects are defined as

follows:

(i) for electricity generation or storage – projects below or equal to 1

MW of installed capacity;

(ii) for electricity consumption – projects with a maximum demand

below or equal to 1 MW;

(iii) for heat generation and gas production technologies – projects

below or equal to 1 MW of installed capacity or equivalent;

(iv) for the production of renewable hydrogen – projects below or

equal to 3 MW of installed capacity or equivalent;

(v) for the production of biofuels, bioliquids, biogas (including

biomethane) and biomass fuels – projects below or equal to an
installed capacity of 50 000 tonnes/year;

(vi) for 100 % SME-owned projects and demonstration projects –

projects below or equal to 6 MW installed capacity or maximum
demand;

(vii) for projects 100 % owned by micro or small enterprises for wind
generation only – projects below or equal to 18 MW of installed
capacity.
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2a. Aid to renewable energy communities shall be exempted from the
notification requirement of Article 108(3) of the Treaty only for projects
with an installed capacity or maximum demand below or equal to 6
MW from all renewable sources except for wind energy only, for which
aid shall be granted to installations with an installed capacity below or
equal to 18 MW.

2b. Operating aid for the production of hydrogen shall be exempted

from the notification requirement of Article 108(3) of the Treaty only
for installations producing exclusively renewable hydrogen.

3. Operating aid for the production of biofuels, bioliquids, biogas

(including biomethane) and biomass fuels shall be exempted from the
notification requirement of Article 108(3) of the Treaty only to the
extent that the aided fuels are compliant with the sustainability and
greenhouse gases emissions saving criteria of Directive (EU) 2018/2001
and its implementing or delegated acts and are made from the feedstock
listed in Annex IX to that Directive.

__________

5. Aid shall be limited to the minimum needed for carrying out the
aided project or activity. This condition is fulfilled if the aid
corresponds to the net extra cost (‘funding gap’) necessary to meet
the objective of the aid measure, compared to the counterfactual
scenario in the absence of aid. A detailed assessment of the net extra
cost is not required if the aid amounts are determined through a
competitive bidding process, because the latter provides a reliable
estimate of the minimum aid required by potential beneficiaries.

6. Aid shall only be granted over the lifetime of the project.

7. Aid shall be granted as a premium in addition to the market price

or in the form of a contract for difference whereby the generators sell
their electricity directly in the market.

8. Aid beneficiaries shall be subject to standard balancing responsi­

bilities. Beneficiaries may outsource balancing responsibilities to other
undertakings on their behalf, such as aggregators. Furthermore, aid shall
not be paid for any periods where prices are negative. For the avoidance
of doubt, this applies as of the moment when prices turn negative.

9. Small-scale renewable electricity installations and demonstration

projects may benefit from aid in the form of direct price support that
covers the full costs of operation and from an exemption from the
requirement to sell the electricity produced on the market, in accordance
with Article 4(3) of Directive (EU) 2018/2001. Installations will be
considered as small-scale for the purposes of this paragraph if their
capacity is below the applicable threshold under Article 5(2),
point (b), or Article 5(4) of Regulation (EU) 2019/943.
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Article 44
Aid in the form of reductions in taxes under Directive 2003/96/EC

1. Aid schemes in the form of reductions in taxes fulfilling the

conditions of Directive 2003/96/EC shall be compatible with the
internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The beneficiaries of the tax reduction shall be selected on the basis

of transparent and objective criteria.

3. The beneficiaries of the tax reduction shall pay at least the

minimum level of taxation laid down in Annex I to
Directive 2003/96/EC, except for reductions:

(a) granted on the basis of Article 15(1), point (a), of

Directive 2003/96/EC, for taxable products used under fiscal
control in the field of pilot projects for the technological develop­
ment of more environmentally-friendly products or in relation to
fuels from renewable resources;

(b) granted on the basis of of Article 15(1), point (b), first, second,
fourth and fifth indents, of Directive 2003/96/EC, for electricity
(i) of solar, wind, wave, tidal or geothermal origin, (ii) of
hydraulic origin produced in hydroelectric installations, (iii)
generated from methane emitted by abandoned coalmines, and
(iv) generated from fuel cells;

(c) granted on the basis of Article 15(1), point (b), third indent, of
Directive 2003/96/EC, for electricity generated from biomass or
from products produced from biomass, to the extent that biomass
is compliant with the sustainability and greenhouse gases emissions
saving criteria of Directive (EU) 2018/2001 and its implementing or
delegated acts;

(d) granted on the basis of Article 15(1), point (d) of

Directive 2003/96/EC, for electricty produced from combined heat
and power generation, provided that cogeneration by the combined
generators is high-efficiency cogeneration as defined in Article 2,
point (34), of Directive 2012/27/EU;

(e) granted on the basis of Article 15(1), point (l), of

Directive 2003/96/EC, for products falling within CN code 2705
used for heating purposes;

(f) granted on the basis of Article 16(1) of Directive 2003/96/EC.

4. Aid schemes in the form of tax reductions may be based on a

reduction of the applicable tax rate or on the payment of a fixed
compensation amount or on a combination of these mechanisms.

5. Tax reductions granted on the basis of Article 16(1) of

Directive 2003/96/EC shall be exempted from the notification
requirement of Article 108(3) of the Treaty only to the extent that the
aided fuels are compliant with the sustainability and greenhouse gases
emissions saving criteria of Directive (EU) 2018/2001 and its imple­
menting or delegated acts, and are made from the feedstock listed in
Annex IX to that Directive.
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Article 44a
Aid in the form of reductions in environmental taxes or parafiscal
levies

1. Aid schemes in the form of reductions in environmental taxes or

parafiscal levies shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from the
notification requirement of Article 108(3) of the Treaty, provided that
the conditions laid down in this Article and in Chapter I are fulfilled.
This Article shall not apply to reductions in taxes or levies on energy
products and electricity, defined in Article 2 of Directive 2003/96/EC.

2. Aid in the form of reductions in environmental taxes or parafiscal

levies shall be compatible only where the reduction allows to achieve a
higher level of environmental protection by including in the scope of the
environmental tax or levy undertakings that would not be able to pursue
their economic activities without the reduction.

3. Only those undertakings that would not be able to pursue their

economic activities without the reduction are eligible for aid. For the
purposes of this Article, this is considered the case for undertakings
whose production costs would substantially increase due to the environ­
mental tax or parafiscal levy without the reduction and which are not
able to pass that increase on to customers. The increase in the
production costs shall be calculated as a proportion of the gross value
added for each sector or category of beneficiaries.

4. The beneficiaries shall be selected on the basis of transparent,

non-discriminatory and objective criteria. The aid shall be granted in
the same way to all eligible undertakings operating in the same sector of
economic activity that are in the same or similar factual situation in
respect of the objectives of the aid measure.

5. The gross grant equivalent of the aid shall not exceed 80 % of the
nominal rate of the tax or levy.

6. Aid schemes in the form of reductions in environmental taxes or

parafiscal levies may be based on a reduction of the applicable tax rate
or on the payment of a fixed compensation amount or on a combination
of these mechanisms.

Article 45
Investment aid for the remediation of environmental damage, the
rehabilitation of natural habitats and ecosystems, the protection or
restoration of biodiversity and the implementation of nature-based
solutions for climate change adaptation and mitigation

1. Investment aid for the remediation of environmental damage, the

rehabilitation of natural habitats and ecosystems, the protection or resto­
ration of biodiversity and the implementation of nature-based solutions
for climate change adaptation and mitigation shall be compatible with
the internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.
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2. Aid under this Article may be granted for the following activities :

(a) the remediation of environmental damage, including damage to the

quality of the soil, surface water or groundwater or to the marine
environment;

(b) the rehabilitation of natural habitats and ecosystems from a

degraded state;

(c) the protection or restoration of biodiversity or of ecosystems to

contribute to achieving the good condition of ecosystems or to
protect ecosystems that are already in good condition;

(d) the implementation of nature-based solutions for climate change

adaptation and mitigation.

3. This Article shall not apply to aid to make good the damage
caused by natural disasters, such as earthquakes, avalanches, landslides,
floods, tornadoes, hurricanes, volcanic eruptions and wild fires of
natural origin.

4. This Article shall also not apply to aid for remediation or reha­
bilitation following the closure of power plants and mining or extraction
operations.

5. Without prejudice to Directive 2004/35/CE of the European

Parliament and of the Council (1) or other relevant Union rules on
liability for environmental damage, where the entity or undertaking
liable for the environmental damage under the law applicable in each
Member State is identified, that entity or undertaking shall finance the
works necessary to prevent and correct environmental degradation and
contamination in accordance with the ‘polluter pays’ principle, and no
aid shall be granted for the works that the entity or undertaking would
be legally required to conduct. The Member State shall take all
necessary measures, including legal action, to identify the liable entity
or undertaking at the origin of the environmental damage and make it
bear the relevant costs. Where the entity or undertaking liable under the
applicable law cannot be identified or made to bear the costs of
remediating the environmental damage it has caused, in particular
because the liable undertaking has ceased to legally exist and no
other undertaking can be regarded as its legal or economic successor,
or where there is insufficient financial security to meet the costs of
remediation, aid may be granted to support the remediation or rehabili­
tation works. Aid shall not be granted for the implementation of
compensatory measures referred to in Article 6(4) of Council
Directive 92/43/EEC (2). Aid may be granted under this Article to
cover the extra costs necessary to increase the scope or ambition of
those measures, beyond the legal obligations under Article 6(4) of
Directive 92/43/EEC.

(1) Directive 2004/35/CE of the European Parliament and of the Council of

21 April 2004 on environmental liability with regard to the prevention and
remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).
( ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
2

habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
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6. For investments in the remediation of environmental damage or
the rehabilitation of natural habitats and ecosystems, the eligible costs
shall be the costs incurred for the remediation or rehabilitation works,
less the increase in the value of the land or property.

7. Evaluations of the increase in the value of the land or property

resulting from remediation or rehabilitation shall be carried out by an
independent qualified expert.

8. For investments in the protection or restoration of biodiversity and

in the implementation of nature-based solutions for climate change
adaptation and mitigation, the eligible costs shall be the total costs of
the works resulting in the contribution to protecting or restoring biodi­
versity or in the implementation of nature-based solutions for climate
change adaptation and mitigation.

9. The aid intensity shall not exceed:

(a) 100 % of the eligible costs for investments in the remediation of

environmental damage or the rehabilitation of natural habitats and
ecosystems;

(b) 70 % of the eligible costs for investments in the protection or

restoration of biodiversity and in nature-based solutions for
climate change adaptation and mitigation.

10. The aid intensity for investments in the protection or restoration

of biodiversity and in the implementation of nature-based solutions for
climate change adaptation and mitigation may be increased by 20
percentage points for aid granted to small undertakings and by 10
percentage points for aid granted to medium-sized undertakings.

Article 46
Investment aid for energy efficient district heating and/or cooling

1. Investment aid for the construction, extension or upgrade of

energy efficient district heating and/or cooling systems, which
includes the construction, extension or the upgrade of heating or
cooling generation installations and/or thermal storage solutions and/or
the distribution network, shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. Aid shall only be granted for the construction, extension or

upgrade of district heating and/or cooling systems that are or are to
become energy efficient as defined in Article 2, point (41), of
Directive 2012/27/EU. Where the system does not yet become fully
energy efficient as a result of the supported works on the distribution
network, the additional upgrades required to fullfil the conditions for
falling under the definition of energy efficient district heating and/or
cooling shall, for heating and/or cooling generation facilities which are
subject to the aid, commence within 3 years from the start of the
supported works on the distribution network.
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3. Aid may be granted for energy generation based on renewable
sources, including heat pumps compliant with Annex VII to
Directive (EU) 2018/2001, waste heat or high-efficient cogeneration,
as well as thermal storage solutions. Aid for energy generation based
on waste may be based either on waste that meets the definition of
renewable energy sources or waste used to fuel installations that meet
the definition of high-efficiency cogeneration. Waste used as input fuel
must not circumvent the waste hierarchy principle as defined in
Article 4(1), of Directive 2008/98/EC.

4. Aid shall not be granted for the construction or upgrade of fossil

fuel based generation facilities, except for natural gas. Aid for the
construction or upgrade of natural gas based generation facilities may
be granted only where compliance with the 2030 and 2050 climate
targets is ensured in accordance with Annex 1, section 4.30 of
Delegated Regulation (EU) 2021/2139.

5. Aid for upgrades of storage and distribution networks that transmit

heating and cooling generated based on fossil fuels may only be granted
where all of the following conditions are met:

(a) the distribution network is or becomes suitable for the transmission

of heating or cooling generated from renewable energy
sources and/or waste heat;

(b) the upgrade does not result in an increased generation of energy

from fossil fuels except for natural gas. In case of an upgrade to the
storage or network distributing heating and cooling generated from
natural gas, in as far as the upgrade results in an increased
generation of energy from natural gas, those generation facilities
need to be in compliance with the 2030 and 2050 climate targets,
in accordance with Annex 1, section 4.31, to Delegated Regu­
lation (EU) 2021/2139.

6. The eligible costs shall be the investment costs related to the

construction or upgrade of an energy efficient district heating and/or
cooling system.

7. The aid intensity shall not exceed 30 % of the eligible costs. The
aid intensity may be increased by 20 percentage points for aid granted
to small undertakings and by 10 percentage points for aid granted to
medium-sized undertakings.

8. The aid intensity may be increased by 15 percentage points for

investments using only renewable energy sources, waste heat, or a
combination of the two, including renewable cogeneration.

9. As an alternative to paragraph 7, the aid intensity may reach up to

100 % of the funding gap. The aid shall be limited to the minimum
needed for carrying out the aided project or activity. This condition is
fulfilled if the aid corresponds to the funding gap as defined under
Article 2, point (118). A detailed assessment of the net extra cost is
not required if the aid amounts are determined through a competitive
bidding process, because the latter provides a reliable estimate of the
minimum aid required by potential beneficiaries.
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Article 47
Investment aid for resource efficiency and for supporting the
transition towards a circular economy

1. Investment aid for resource efficiency and circularity shall be

compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down in
this Article and in Chapter I are fulfilled.

2. The aid shall be granted for the following types of investments:

(a) investments improving resource efficiency through one or both of

the following:

(i) a net reduction in the resources consumed in the production of a

given quantity of output compared to a pre-existing production
process used by the beneficiary or to alternative projects or
activities listed under paragraph 7. The resources consumed
shall include all material resources consumed, with the
exception of energy, and the reduction shall be determined by
measuring or estimating consumption before and after the im­
plementation of the aid measure, taking into account any
adjustment for external conditions that may affect resource
consumption;

(ii) the replacement of primary raw materials or feedstock with

secondary (re-used or recovered, including recycled) raw
materials or feedstock;

(b) investments for the prevention and reduction of waste generation,

preparing for re-use, decontaminating and recycling of waste
generated by the beneficiary or investments for the preparing for
re-use, decontaminating and recycling of waste generated by third
parties and which would otherwise be unused, disposed of, or be
treated based on a treatment operation that is situated lower in the
priority order of the waste hierarchy referred to in Article 4(1), of
Directive 2008/98/EC or in a less resource-efficient manner, or
would lead to a lower quality of recycling output;

(c) investments for the collection, sorting, decontamination,

pre-treatment and treatment of other products, materials or
substances generated by the beneficiary or by third parties and
which would otherwise be unused or used in a less
resource-efficient manner;

(d) investments for the separate collection and sorting of waste with a
view to its preparing for re-use or recycling.

3. Aid for waste disposal and waste recovery operations to generate

energy shall not be exempted under this Article from the notification
requirement of Article 108(3) of the Treaty.
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4. The aid shall not relieve undertakings that generate waste from
any costs or obligations relating to the treatment of waste for which they
are liable under Union or national law, including under extended
producer responsibility schemes, or from costs that should be considered
as normal costs for an undertaking.

5. The aid must not incentivise the generation of waste or the

increased use of resources.

6. Investments related to technologies constituting an already profi­

table established commercial practice throughout the Union shall not be
exempted under this Article from the notification requirement of
Article 108(3) of the Treaty.

7. The eligible costs shall be the extra investment costs determined

by comparing the total investment costs of the project with those of a
less environmentally-friendly project or activity that shall be one of the
following:

(a) a counterfactual scenario consisting in a comparable investment that

would credibly be realised in a new or pre-existing production
process without aid and which does not achieve the same level of
resource efficiency;

(b) a counterfactual scenario consisting in treating the waste based on a

treatment operation that is situated lower in the priority order of the
waste hierarchy referred to in Article 4(1), of Directive 2008/98/EC
or treating the waste, other products, materials or substances in a
less resource-efficient way;

(c) a counterfactual scenario consisting in a comparable investment in a

conventional production process using primary raw material, or
feedstock, if the obtained secondary (re-used or recovered)
product is technically and economically substitutable with the
primary product.

In all situations listed in the first subparagraph, points (a) and (c), the
counterfactual scenario shall correspond to an investment with
comparable output capacity and lifetime that complies with Union
standards already in force. The counterfactual scenario shall be
credible in the light of legal requirements, market conditions and
incentives.

Where the investment consists in installing an add-on component to an

already existing facility, for which there is no less
environmentally-friendly equivalent, or where the aid applicant can
demonstrate that no investment would take place in the absence of
aid, the eligible costs shall be the total investment costs.

8. The aid intensity shall not exceed 40 % of the eligible costs. The
aid intensity may be increased by 20 percentage points for aid granted
to small undertakings and by 10 percentage points for aid granted to
medium-sized undertakings.

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9. The aid intensity may be increased by 15 percentage points for
investments located in assisted areas fulfilling the conditions of
Article 107(3)(a) of the Treaty and by 5 percentage points for
investments located in assisted areas fulfilling the conditions of
Article 107(3)(c) of the Treaty.
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10. Aid shall not be granted under this Article for investments
undertaken to comply with Union standards that have been adopted
and are in force. Aid may be granted under this Article for investments
undertaken to comply with Union standards that have been adopted but
are not yet in force, provided that the investment is implemented and
finalised at least 18 months before the standard enters into force.

Article 48
Investment aid for energy infrastructure

1. Investment aid for the construction or upgrade of energy infra­

structure shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty, provided
that the conditions laid down in this Article and in Chapter I are
fulfilled.

2. Aid for energy infrastructure that is partly or fully exempted from

third party access or tariff regulation in accordance with internal energy
market legislation shall not be exempted under this Article from the
notification requirement of Article 108(3) of the Treaty.

3. Aid for investments in electricity and gas storage projects shall not
be exempt from the notification requirement under this Article.

4. Aid for gas infrastructure shall only be exempted from the notifi­
cation requirement of Article 108(3) of the Treaty where the infra­
structure in question is dedicated to the use for hydrogen and/or for
renewable gases, or used for the transport of more than 50 % hydrogen
and renewable gases.

5. The eligible costs shall be the total investment costs.

6. The aid intensity may reach up to 100 % of the funding gap. The
aid shall be limited to the minimum needed for carrying out the aided
project or activity. This condition is fulfilled if the aid corresponds to
the funding gap as defined under Article 2, point (118). A detailed
assessment of the net extra cost is not required if the aid amounts are
determined through a competitive bidding process, because it provides a
reliable estimate of the minimum aid required by potential beneficiaries.

Article 49
Aid for studies and consultancy services on environmental
protection and energy matters

1. Aid for studies or consultancy services, including energy audits,

directly linked to investments eligible for aid under this Section shall be
compatible with the internal market within the meaning of Article 107(3)
of the Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down in
this Article and in Chapter I are fulfilled.
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2. Where the entire study or consultancy service concerns
investments eligible for aid under this Section, the eligible costs shall
be the costs of the study or consultancy service. Where only part of the
study or consultancy service concerns investments eligible for aid under
this Section, the eligible costs shall be the costs of the part of the study
or consultancy service relating to those investments.

2a. Aid shall be granted irrespective of whether the findings of the

study or the consultancy service are followed by an investment eligible
for aid under this Section.

3. The aid intensity shall not exceed 60 % of the eligible costs.

4. The aid intensity may be increased by 20 percentage points for

studies or consultancy services undertaken on behalf of small under­
takings and by 10 percentage points for studies or consultancy services
undertaken on behalf of medium-sized undertakings.

5. Aid shall not be granted for energy audits carried out to comply
with Directive 2012/27/EU, unless the energy audit is carried out in
addition to the mandatory energy audit under that Directive.

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SECTION 8

Aid to make good the damage caused by certain natural disasters

Article 50
Aid schemes to make good the damage caused by certain natural
disasters

1. Aid schemes to make good the damage caused by earthquakes,

avalanches, landslides, floods, tornadoes, hurricanes, volcanic eruptions
and wild fires of natural origin shall be compatible with the internal
market within the meaning of Article 107(2)(b) of the Treaty and shall
be exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. Aid shall be granted subject to the following conditions:

(a) the competent public authorities of a Member State have formally

recognised the character of the event as a natural disaster; and

(b) there is a direct causal link between the natural disaster and the
damages suffered by the affected undertaking.

3. Aid schemes related to a specific natural disaster shall be

introduced within three years following the occurrence of the event.
Aid on the basis of such schemes shall be granted within four years
following the occurrence.

4. The costs arising from the damage incurred as a direct conse­

quence of the natural disaster, as assessed by an independent expert
recognised by the competent national authority or by an insurance
undertaking shall be eligible costs. Such damage may include material
damage to assets such as buildings, equipment, machinery or stocks and
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loss of income due to the full or partial suspension of activity for a
period not exceeding six months from the occurrence of the disaster.
The calculation of the material damage shall be based on the repair cost
or economic value of the affected asset before the disaster. It shall not
exceed the repair cost or the decrease in fair market value caused by the
disaster, that is to say the difference between the property's value im­
mediately before and immediately after the occurrence of the disaster.
Loss of income shall be calculated on the basis of financial data of the
affected undertaking (earnings before interest and taxes (EBIT),
depreciation and labour costs related only to the establishment
affected by the natural disaster) by comparing the financial data for
the six months after the occurrence of the disaster with the average
of three years chosen among the five years preceding the occurrence
of the disaster (by excluding the two years giving the best and the worst
financial result) and calculated for the same six months period of the
year. The damage shall be calculated at the level of the individual
beneficiary.

5. The aid and any other payments received to compensate for the
damage, including payments under insurance policies, shall not exceed
100 % of the eligible costs.

SECTION 9

Social aid for transport for residents of remote regions

Article 51
Social aid for transport for residents of remote regions

1. Aid for air and maritime passenger transport shall be compatible

with the internal market pursuant to Article 107(2)(a) of the Treaty and
shall be exempted from the notification requirement of Article 108(3) of
the Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The entire aid shall be for the benefit of final consumers who have
their normal residence in remote regions.

3. The aid shall be granted for passenger transport on a route linking

an airport or port in a remote region with another airport or port within
the European Economic Area.

4. The aid shall be granted without discrimination as to the identity

of the carrier or type of service and without limitation as to the precise
route to or from the remote region.

5. The eligible costs shall be the price of a return ticket from or to

the remote region, including all taxes and charges invoiced by the
carrier to the consumer.

6. The aid intensity shall not exceed 100 % of the eligible costs.
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SECTION 10

Aid for broadband infrastructures

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Article 52
Aid for fixed broadband networks

1. Aid for fixed broadband network deployment shall be compatible

with the internal market pursuant to Article 107(3) of the Treaty and
shall be exempted from the notification requirement of Article 108(3) of
the Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The eligible costs shall be all costs for the construction,

management and operation of a fixed broadband network. The
maximum aid amount for a project shall be established on the basis
of a competitive selection process as set out in paragraph 6, point (a).
Where an investment is carried out in accordance with paragraph 6,
point (b), without a competitive selection process, the aid amount
shall not exceed the difference between the eligible costs and the
normal operating profit of the investment. The operating profit shall
be deducted from the eligible costs ex ante on the basis of reasonable
projections and verified ex post through a claw-back mechanism. The
reasonable projection of the measure requires that all costs and all
revenues, which are expected to be incurred over the economic
lifetime of the investment, shall be taken into account.

3. The following alternative types of investment are eligible:

(a) fixed broadband network deployment to connect households and

socioeconomic drivers in areas where there is no network
providing a speed of at least 100 Mbps download under
peak-time conditions (threshold speed) existing or credibly
planned to be deployed within the relevant time horizon. This
shall be verified by mapping and public consultation in accordance
with paragraph 4;

(b) fixed broadband network deployment to connect socio-economic

drivers in areas where there is only one network providing a
speed of at least 100 Mbps download under peak time conditions
but below 300 Mbps download under peak-time conditions
(threshold speed) existing or credibly planned to be deployed
within the relevant time horizon. This shall be verified by
mapping and public consultation in accordance with paragraph 5.

4. Areas where there is at least one network that can be upgraded to

provide a speed of at least 1 Gbps download under peak time conditions
are not eligible for interventions under points (a) and (b) of paragraph 3.
A network is considered to be upgradable to provide a speed of at least
1 Gbps download under peak time conditions if it can provide this
speed with a marginal investment, such as an upgrade of active
equipment, without significant investment in broadband infrastructure.

5. The mapping and public consultation for the purposes of

paragraph 3 shall meet the following requirements cumulatively:

(a) the mapping shall identify the geographic target areas planned to be
covered under the State intervention and shall take into account all
existing fixed broadband networks. The mapping shall be
performed:
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(i) for fixed wired networks, at address level on the basis of
premises passed;

(ii) for fixed wireless access networks, at address level on the basis
of premises passed or on the basis of maximum 100x100 metre
grids.

Where a network deployment includes, at the same time, the

deployment of an access network and a limited deployment of the
necessary ancillary backhaul network to enable the functioning of
the access network, a mapping of backhaul networks is not required.

All the elements of the methodology and the underlying technical

criteria used to map the target areas must be made publicly
available. Mapping shall always be verified through a public
consultation;

(b) the public consultation shall be carried out by the competent public
authority through the publication of the main characteristics of the
planned State intervention and the list of geographic target areas
identified in the mapping exercise in accordance with point (a). That
information must be made available on a publicly accessible website
at regional and national level. The public consultation shall invite
interested parties to comment on the planned State intervention and
to submit substantiated information in accordance with point (a)
regarding their networks providing the threshold speeds set out in
paragraph 3 existing or credibly planned to be deployed in the target
area within the relevant time horizon. The public consultation shall
last at least 30 days.

6. The intervention shall bring a significant improvement (step

change) compared to the networks existing or credibly planned to be
deployed within the relevant time horizon, as identified through the
mapping and public consultation carried out in accordance with
paragraph 5. Credibly planned networks shall be taken into account
for the assessment of the step-change only if they would, on their
own, provide similar performance to that of the planned State funded
network in the target areas within the relevant time horizon. A step
change takes place if, as a result of the subsidised intervention, a
significant new investment in the broadband network is undertaken
and the subsidised network brings significant new capabilities to the
market in terms of broadband service availability, capacity, speeds
and competition compared to the existing or credibly planned
networks within the relevant time horizon. The intervention shall
include more than 70 % investments in broadband infrastructure. In
any case, an eligible intervention, as laid down in paragraph 3, must
result at least in the following improvements:

(a) for interventions under paragraph 3, point (a), the State funded
network shall at least triple the download speed compared to the
existing networks (target speed);

(b) for interventions under paragraph 3, point (b), the State funded
network shall at least triple the download speed compared to the
existing networks and shall provide a speed of at least 1 Gbps
download under peak-time conditions (target speed).
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7. The aid shall be granted as follows:

(a) the aid shall be allocated on the basis of an open, transparent and
non-discriminatory competitive selection procedure in line with the
principles of public procurement rules and respecting the principle
of technology neutrality, based on the most economically advan­
tageous offer;

(b) when the aid is granted without a competitive selection procedure to

a public authority to deploy and manage, directly or through an
in-house entity, a fixed broadband network, the public authority
or the in-house entity, as the case may be, shall provide only
wholesale services using the subsidised network. Any concession
or other entrustment to a third party to build or operate the network
shall be allocated through an open, transparent and
non-discriminatory competitive selection procedure, in line with
the principles of public procurement rules and respecting the
principle of technology neutrality, based on the most economically
advantageous offer.

8. The subsidised network shall offer wholesale access, as defined in

Article 2, point (139), under fair and non-discriminatory conditions. By
derogation, interventions eligible under paragraph 3, point (a), may offer
virtual unbundling instead of physical unbundling if the virtual
unbundling access product is approved in advance by the national regu­
latory authority or other competent authority. Active wholesale access
shall be granted for at least 10 years from the start of the operation of
the network and the wholesale access to the broadband infrastructure
shall be granted for the lifetime of the elements concerned. Access
based on virtual unbundling must be granted for a period of time
equal to the lifespan of the infrastructure for which virtual unbundling
is a substitute. The same access conditions shall apply to the entirety of
the network, including on parts of the network where existing infra­
structures have been used. The access obligations shall be enforced
irrespective of any change in ownership, management or operation of
the network. The network shall provide access to at least three access
seekers and shall make available at least 50 % of the capacity to access
seekers. In order to render the wholesale access effective and to enable
the access seekers to provide services, wholesale access shall also be
granted to parts of the network that have not been State funded or that
may not have been deployed by the aid beneficiary, such as by granting
access to active equipment even if only broadband infrastructure is
financed.

9. The wholesale access price shall be based on one of the following

benchmarks and pricing principles:

(a) the average published wholesale prices that prevail in other

comparable and more competitive areas of the Member State;

(b) the regulated prices already set or approved by the national regu­
latory authority for the markets and services concerned; or

(c) cost orientation or a methodology mandated in accordance with the

sectorial regulatory framework.

Without prejudice to the competences of the national regulatory

authority under the regulatory framework, the national regulatory
authority shall be consulted on wholesale access products, the terms
and conditions for access, including on prices, and on disputes related
to the application of this Article.
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10. Member States shall put in place a monitoring and claw-back
mechanism if the amount of aid granted to the project exceeds
EUR 10 million.

11. To ensure that aid remains proportional and does not lead to
overcompensation or cross-subsidisation of non-aided activities, the
aid beneficiary shall ensure accounting separation between the funds
used for the deployment and the operation of the State funded
network and other funds at its disposal.

Article 52a
Aid for 4G and 5G mobile networks

1. Aid for 4G and 5G mobile network deployment shall be

compatible with the internal market pursuant to Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided that the conditions laid down
in this Article and in Chapter I are fulfilled.

2. The eligible costs shall be all costs for the construction,

management and operation of passive and active components of a
mobile network. The maximum aid amount for a project shall be estab­
lished on the basis of a competitive selection process as set out in
paragraph 7, point (a). Where an investment is carried out in accordance
with paragraph 7, point (b), without a competitive selection process, the
aid amount shall not exceed the difference between the eligible costs
and the normal operating profit of the investment. The operating profit
shall be deducted from the eligible costs ex ante on the basis of
reasonable projections and verified ex post through a claw-back
mechanism. The reasonable projection of the measure requires that all
costs and all revenues, which are expected to be incurred over the
economic lifetime of the investment, shall be taken into account.

3. Mobile 5G network deployment shall be located in areas where

there are no 4G and no 5G mobile networks existing or credibly
planned to be deployed within the relevant time horizon. Mobile 4G
network deployment shall be located in areas where there are no 3G, 4G
or 5G mobile networks existing or credibly planned to be deployed
within the relevant time horizon. These requirements shall be verified
by mapping and public consultation in accordance with paragraph 4.

4. The mapping and public consultation for the purposes of

paragraph 3 shall meet the following requirements cumulatively:

(a) the mapping shall clearly identify the geographic target areas
planned to be covered under the State intervention and shall take
into account all existing mobile networks. Mapping shall be
performed on the basis of maximum 100x100 metre grids. All the
elements of the methodology and the underlying technical criteria
used to map the target areas must be made publicly available.
Mapping shall always be verified through a public consultation;

Where a network deployment includes, at the same time, the

deployment of an access network and a limited deployment of the
necessary ancillary backhaul network to enable the functioning of
the access network, a separate mapping of backhaul networks is not
required;
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(b) the public consultation shall be carried out by the competent public
authority through the publication of the main characteristics of the
planned State intervention and the list of geographic target areas
identified in the mapping exercise in accordance with point (a). That
information must be made available on a publicly accessible website
at regional and national level. The public consultation shall invite
interested parties to comment on the planned State intervention and
to submit substantiated information in accordance with point (a)
regarding their mobile networks with the characteristics set out in
paragraph 3 that are existing or credibly planned to be deployed in
the target area within the relevant time horizon. The public consul­
tation shall last at least 30 days.

5. The aided infrastructure shall not be taken into account to meet the
coverage obligations of the mobile networks operators that arise out of
conditions attached to rights of use of 4G and 5G spectrum.

6. The intervention shall bring a significant improvement (step

change) compared to the mobile networks existing or credibly
planned to be deployed within the relevant time horizon, as identified
through mapping and public consultation carried out in accordance with
paragraph 4. Credibly planned networks shall be taken into account for
the assessment of the step-change only if they would, on their own,
provide similar performance to that of the planned State funded network
in the target areas within the relevant time horizon. A step change takes
place if, as a result of the subsidised intervention, a significant new
investment in the mobile network is undertaken and the subsidised
network brings significant new capabilities to the market in terms of
mobile service availability, capacity, speeds and competition compared
to the existing or credibly planned networks within the relevant time
horizon. The intervention shall include more than 50 % investment in
broadband infrastructure.

7. The aid shall be granted as follows:

(a) the aid shall be allocated on the basis of an open, transparent and
non-discriminatory competitive selection procedure in line with the
principles of public procurement rules and respecting the principle
of technology neutrality, based on the most economically advan­
tageous offer;

(b) when the aid is granted without a competitive selection procedure to

a public authority to deploy and manage, directly or through an
in-house entity, a mobile network, the public authority or the
in-house entity, as the case may be, shall provide only wholesale
services using the subsidised network. Any concession or other
entrustment to a third party to build or operate the network shall
be allocated through an open, transparent and non-discriminatory
competitive selection process, in line with the principles of public
procurement rules and respecting the principle of technology
neutrality, based on the most economically advantageous offer.

8. The operation of the subsidised network shall offer wholesale

access, as defined in Article 2, point (139), under fair and
non-discriminatory conditions. Active wholesale access shall be
granted for at least 10 years from the start of the operation of the
network and wholesale access to the broadband infrastructure shall be
 02014R0651 — EN — 01.07.2023 — 006.001 — 142

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granted for the lifetime of the elements concerned. The same access
conditions shall apply on the entirety of the network, including on the
parts of such network where existing infrastructures have been used.
The access obligations shall be enforced irrespective of any change in
ownership, management or operation of the network. In order to render
the wholesale access effective and to enable the access seekers to
provide services, wholesale access shall also be granted to parts of
the network that have not been State funded or that may not have
been deployed by the aid beneficiary, such as by granting access to
active equipment even if only broadband infrastructure is financed.

9. The wholesale access price shall be based on one of the following

benchmarks and pricing principles:

(a) the average published wholesale prices that prevail in other

comparable and more competitive areas of the Member State;

(b) the regulated prices already set or approved by the national regu­
latory authority for the markets and services concerned;

(c) cost orientation or a methodology mandated in accordance with the

sectorial regulatory framework.

Without prejudice to the competences of the national regulatory

authority under the regulatory framework, the national regulatory
authority shall be consulted on the wholesale access products, the
terms and conditions for access, including on prices, and on disputes
related to the application of this Article.

10. Member States shall put in place a monitoring and claw-back

mechanism if the amount of aid granted to the project exceeds
EUR 10 million.

11. The use of the State funded mobile 4G or 5G network to provide

fixed wireless access services shall only be allowed in areas where there
is no network providing speeds of at least 100 Mbps download under
peak-time conditions existing or credibly planned to be deployed within
the relevant time horizon, if the following cumulative conditions are
met:

(a) the mapping and public consultation exercise take into account the
fixed broadband networks existing or credibly planned determined
according to Article 52(5);

(b) the supported 4G or 5G fixed wireless access network shall at least

triple the download speed compared to the existing or credibly
planned networks (target speed) according to Article 52(5).

12. To ensure that aid remains proportional and does not lead to
overcompensation or cross-subsidisation of non-aided activities, the
aid beneficiary shall ensure accounting separation between the funds
used for the deployment and the operation of the State funded
network and other funds at its disposal.
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Article 52b
Aid for projects of common interest in the area of trans-European
digital connectivity infrastructure

1. Aid for projects of common interest in the area of trans-European

digital connectivity infrastructure financed under Regulation (EU)
2021/1153 or awarded a Seal of Excellence quality label under that
Regulation shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from
the notification requirement of Article 108(3) of the Treaty provided
that the conditions laid down in this Article and in Chapter I are
fulfilled.

2. Projects shall fulfil the cumulative general compatibility conditions

laid down in paragraph 3. They shall, in addition, fall under one of the
categories of eligible projects laid down in paragraph 4 and shall fulfil
all specific compatibility conditions for the relevant category laid down
in that paragraph. Only projects which refer solely to the elements and
entities specified under each relevant category in paragraph 4 shall fall
within the scope of the exemption in paragraph 1.

3. The general cumulative compatibility conditions shall be the

following:

(a) the beneficiary must provide a financial contribution of at least

25 % of the eligible costs through its own resources or through
external financing not containing any public financial support.
When the 25 % contribution of the beneficiary is provided
through external financing via an investment platform combining
different sources of financing, the condition that external
financing must not contain any public financial support laid down
in the previous sentence is replaced by the requirement of a
presence in the platform of at least 30 % of private investment;

(b) only costs that are eligible investment costs under Regulation (EU)
2021/1153 for the deployment of the infrastructure are eligible for
aid;

(c) the project must be selected in compliance with Regulation (EU)

2021/1153 in one of the following ways:

(i) by an independent financial intermediary appointed by the

Commission on the basis of commonly agreed investment
guidelines;

(ii) by the Commission through a competitive bidding process

based on clear, transparent and non-discriminatory criteria;

(iii) by independent experts appointed by the Commission;

(d) the project must enable connectivity capabilities going beyond the
requirements relating to any existing legal obligations, such as those
attached to a right to use spectrum;

(e) the project must ensure third party open wholesale access including
unbundling under fair, reasonable and non-discriminatory conditions
in accordance with Article 52(7) and (8) or Article 52a(8) and (9) as
appropriate.
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4. The categories of eligible projects and the specific cumulative
compatibility conditions applicable to them shall be the following:

(a) investments in the deployment of a cross-border section of a 5G

corridor along a transport corridor identified in the trans-European
transport network guidelines as laid down in Regulation (EU)
No 1315/2013 (TEN-T corridors) that meet the following specific
cumulative conditions:

(i) the project consists of a cross-border section of a 5G corridor

which crosses the border between two or more Member States,
or crosses the border of at least one Member State and at least
one European Economic Area country;

(ii) the total cross-border sections of 5G corridors located in a

Member State shall not represent more than 15 % of the
total length of the 5G corridors along the trans-European
transport core network in that Member State that are not
covered by any existing legal obligations, such as those
attached to a right to use spectrum. Exceptionally, if a
Member State supports the deployment of cross-border 5G
corridors along its trans-European transport comprehensive
network, the total cross-border sections of 5G corridors
located in that Member State shall not represent more than
15 % of the total length of the 5G corridors along the
trans-European transport comprehensive network in that
Member State that are not covered by any existing legal obli­
gations, such as those attached to a right to use spectrum;

(iii) the project ensures a significant new investment in the 5G

mobile network suitable for connected and automated
mobility services going beyond marginal investments related
merely to the upgrade of the active elements of the network;

(iv) the project supports the deployment of new passive infra­

structure only if existing passive infrastructure cannot be
reused;

(b) investments in the deployment of a cross-border section of a pan-

European terabit backbone network supporting the objectives of the
European High-Performance Computing Joint Undertaking by inter­
connecting certain computing facilities, supercomputing facilities
and data infrastructures that meet the following specific cumulative
conditions:

(i) the project shall deploy or acquire connectivity assets,

including Indefeasible Rights of Use, dark fibre or equipment,
for building a cross-border section of a pan-European backbone
network that supports the interconnection with unconstrained
end to end connectivity of a minimum of 1 Tbps, of at least
two computing facilities, supercomputing facilities or data
infrastructures that: (1) are hosting entities of the European
High Performance Computing Joint Undertaking established
in accordance with Council Regulation (EU) 2018/1488 (1),
or are research infrastructures and other computing and data

(1) Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the

European High Performance Computing Joint Undertaking (OJ L 252,
8.10.2018, p. 1).
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infrastructures supporting research flagships and missions set
out in Regulation (EU) 2021/695 of the European Parliament
and of the Council (1) and Council Regulation (EC)
No 723/2009 that contribute to the objectives of the
European High-Performance Computing Joint Undertaking;
and (2) are located in at least two Member States or at least
one Member State and at least one member of the European
Research Area;

(ii) the project ensures a significant new investment in the

backbone network going beyond marginal investments, such
as investments related to mere software upgrades or licensing;

(iii) the acquisition of connectivity assets is carried out through

public procurement;

(iv) the project supports the deployment of new passive infra­

structure only if existing passive infrastructure cannot be
reused;

(c) investments in the deployment of a cross-border section of a

backbone network interconnecting cloud infrastructures of certain
socioeconomic drivers that meet the following specific cumulative
conditions:

(i) the project interconnects cloud infrastructures of socioeconomic

drivers that are public administrations or public or private
entities entrusted with the operation of services of general
interest or of services of general economic interest within the
meaning of Article 106(2) of the Treaty;

(ii) the project consists of a cross-border section of the deployment

of new cross-border backbone networks or a significant
upgrade of existing ones that (1) crosses the border between
two or more Member States; or (2) crosses the border between
at least one Member State and at least one European Economic
Area country;

(iii) the project covers at least two eligible socioeconomic drivers

under point (i), each operating in a different Member State or
in one Member State and one European Economic Area
country;

(iv) the project ensures a significant new investment in the

backbone network going beyond marginal investments, such
as investments related to mere software upgrades or licensing.
The project shall be able to reliably provide symmetric
download and upload speeds of at least multiples of 10 Gbps;

(v) the project supports the deployment of new passive infra­

structure only if existing passive infrastructure cannot be
reused;

(1) Regulation (EU) 2021/695 of the European Parliament and of the Council of
28 April 2021 establishing Horizon Europe – the Framework Programme for
Research and Innovation, laying down its rules for participation and dissemi­
nation, and repealing Regulations (EU) No 1290/2013 and (EU)
No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
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(d) investments in the deployment of a submarine cable network that
meet the following specific cumulative conditions:

(i) the project consists of a cross-border section of a submarine

cable network which (1) crosses the border between two or
more Member States; or (2) crosses the border of at least
one Member State and at least one European Economic Area
country. Alternatively, the entity receiving aid shall only ensure
the provision of wholesale services and the supported infra­
structure shall improve the connectivity of European
outermost regions, overseas territories, or island regions, even
within a single Member State;

(ii) the project must not concern routes served already by at least
two present or credibly planned backbone infrastructures;

(iii) the project ensures a significant new investment in the

submarine cable network, by rolling-out a new submarine
cable or connection to an existing submarine cable, addressing
redundancy issues and going beyond marginal investments.
The project shall be able to reliably provide symmetric
download and upload speeds of at least 1 Gbps;

(iv) the project supports the deployment of new passive infra­

structure only if existing passive infrastructure cannot be
reused.

▼M6
Article 52c
Connectivity vouchers

1. Aid in the form of a connectivity voucher scheme for consumers,

to facilitate teleworking, online education, training services, or for
SMEs shall be compatible with the internal market pursuant to
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the conditions
laid down in this Article and in Chapter I are fulfilled.

2. The duration of a voucher scheme shall not exceed 3 years. The

validity of the vouchers for end users cannot exceed 2 years.

3. The following categories of vouchers shall be eligible:

(a) vouchers available to consumers and SMEs for subscribing to a new

broadband service or upgrading the existing subscription to a
service providing speeds of at least 30 Mbps download under
peak-time conditions, provided that all providers of electronic
communications services providing speeds of at least 30 Mbps
download under peak-time conditions are eligible under the
scheme. Vouchers shall not be awarded for switching providers
providing the same speeds as the speeds already available under
the existing subscription or for upgrades of an existing subscription
of at least 30 Mbps download under peak-time conditions;

(b) vouchers available to SMEs for subscribing to a new broadband

service or upgrading the existing subscription to a service
providing speeds of at least 100 Mbps download under peak-time
conditions, provided that all providers of electronic communications
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services providing speeds of at least 100 Mbps download under
peak-time conditions are eligible under the scheme. Vouchers
shall not be awarded for switching providers providing the same
speeds as the speeds already available under the existing
subscription or for upgrades of an existing subscription of at least
100 Mbps download under peak-time conditions.

4. The vouchers shall cover up to 50 % of the eligible costs. Eligible

costs are the monthly fee, the standard set-up costs and the necessary
terminal equipment for the end users to use the broadband services with
the speeds specified in paragraph 3. The costs for in-house wiring and
limited deployment in the end users’ private properties or in the public
property in close proximity to the end users’ private properties are also
eligible to the extent they are necessary and ancillary to the provision of
the service. The voucher shall be paid by the public authorities directly
to the end-users or directly to the service provider chosen by the end
users.

5. Vouchers shall not be provided for areas where there is no

network providing the eligible services specified in paragraph 3.
Member States must carry out a public consultation through publication
of the main characteristics of the scheme and of the list of geographic
target areas on a publicly accessible website at regional and national
level. The public consultation shall invite interested parties to comment
on the draft measure and to submit substantiated information regarding
their existing networks able to reliably provide the speed specified in
paragraph 3. The public consultation shall last at least 30 days.

6. Vouchers shall be technologically neutral. The schemes shall

ensure equal treatment of all possible service providers and shall offer
end users the widest possible choice of providers irrespective of the
technologies used. For that purpose, the Member State shall set up an
online registry of all eligible service providers or implement an
equivalent alternative method to ensure the openness, transparency
and non-discriminatory nature of the State intervention. End users
shall have the possibility to consult this information about all under­
takings that are able to provide eligible services. All undertakings
capable of providing eligible services shall have the right, upon
request, to be included in the online registry or in any alternative
location chosen by the Member State.

7. In order to minimise market distortions, Member States shall carry

out a market assessment identifying the eligible providers present in the
area and collecting information to calculate their market share, the
take-up of eligible services and their prices. Aid shall only be granted
if the market assessment determines that the scheme is designed suf­
ficiently broadly in order not to unduly benefit a limited number of
providers and that the scheme does not lead to reinforcing the (local)
market power of certain providers.

8. To be eligible, when a provider of broadband services is vertically

integrated and has a retail market share above 25 %, it must offer, on
the corresponding wholesale access market, wholesale access products
on the basis of which any access seeker will be able to provide the
eligible services at the speed specified in paragraph 3, under open,
transparent and non-discriminatory conditions.
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The wholesale access price shall be set on one of the following
benchmarks and pricing principles:

(a) the average published wholesale prices that prevail in other

comparable and more competitive areas of the Member State;

(b) the regulated prices already set or approved by the national regu­
latory authority for the markets and services concerned;

(c) costs orientation or a methodology mandated in accordance with the

sectoral regulatory framework.

Without prejudice to the competences of the national regulatory

authority under the regulatory framework, the national regulatory
authority shall be consulted on on wholesale access products, the
terms and conditions for access, including on prices, and on disputes
related to the application of this Article.

Article 52d
Aid for backhaul networks

1. Aid for backhaul network deployment shall be compatible with the

internal market pursuant to Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

2. The eligible costs shall be all costs for the construction,

management and operation of a backhaul network. The maximum aid
amount for a project shall be established on the basis of a competitive
selection process as set out in paragraph 6, point (a). Where an
investment is carried out in accordance with paragraph 6, point (b),
without a competitive selection process, the aid amount shall not
exceed the difference between the eligible costs and the normal
operating profit of the investment. The operating profit shall be
deducted from the eligible costs ex ante on the basis of reasonable
projections and verified ex post through a claw-back mechanism. The
reasonable projection of the measure requires that all costs and all
revenues, which are expected to be incurred over the economic
lifetime of the investment, shall be taken into account.

3. Backhaul network deployment shall be located in areas where

there is no backhaul network based on fibre or on other technologies
able to provide the same level of performance and reliability as fibre
existing or credibly planned to be deployed within the relevant time
horizon. This shall be verified by mapping and public consultation in
accordance with paragraph 4.

4. The mapping and public consultation for the purposes of

paragraph 3 shall meet the following requirements cumulatively:

(a) the mapping shall identify the target areas for the backhaul State
intervention and shall take into account all existing backhaul
networks. All the elements of the methodology and the underlying
technical criteria used to map the target areas must be made publicly
available. Mapping shall always be verified through a public
consultation;
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(b) the public consultation shall be carried out by the competent public
authority through the publication of the main characteristics of the
planned State intervention and the list of areas identified in the
mapping exercise in accordance with point (a). That information
must be made available on a publicly accessible website at
regional and national level. The public consultation shall invite
interested parties to comment on the planned State intervention
and to submit substantiated information in accordance with
point (a) regarding the backhaul networks existing or credibly
planned to be deployed within the relevant time horizon. The
public consultation shall last at least 30 days.

5. The intervention shall bring a significant improvement (step

change) compared to the backhaul networks existing or credibly
planned to be deployed within the relevant time horizon, as identified
through mapping and public consultation carried out in accordance with
paragraph 4. Credibly planned networks shall be taken into account for
the assessment of the step-change only if they would, on their own,
provide similar performance to that of the planned State funded network
in the target areas within the relevant time horizon. A step change takes
place if, as a result of the subsidised intervention, a significant new
investment in the backhaul network is undertaken and the subsidised
backhaul network is based on fibre or on other technologies able to
provide the same level of performance of fibre, as opposed to the
existing or credibly planned networks within the relevant time
horizon. The intervention must include more than 70 % investment in
broadband infrastructure.

6. The aid shall be granted as follows:

(a) the aid shall be allocated on the basis of an open, transparent and
non-discriminatory competitive selection procedure in line with the
principles of public procurement rules and respecting the principle
of technology neutrality, based on the most economically advan­
tageous offer;

(b) when the aid is granted without a competitive selection procedure to

a public authority to deploy and manage, directly or through an
in-house entity, a backhaul network, the public authority or the
in-house entity, as the case may be, shall provide only wholesale
services using the subsidised network. Any concession or other
entrustment to a third party to build or operate the network shall
be allocated through an open, transparent and non-discriminatory
competitive selection procedure, in line with the principles of
public procurement rules and respecting the principle of technology
neutrality, based on the most economically advantageous offer.

7. The operation of the subsidised network shall offer wholesale

access, as defined in Article 2, point (139), under fair and
non-discriminatory conditions to both fixed and mobile networks.
Active wholesale access shall be granted for at least 10 years from
the start of the operation of the network and the wholesale access to
the broadband infrastructure shall be granted for the lifetime of the
elements concerned. The same access conditions shall apply to the
entirety of the network, including on parts of the network where
existing infrastructures have been used. The access obligations shall
be enforced irrespective of any change in ownership, management or
operation of the network. The State funded network shall cater for all
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fixed and mobile networks in the target areas of the backhaul inter­
vention and shall make available at least 50 % of the capacity to access
seekers. In order to render the wholesale access effective and to enable
the access seekers to provide services, wholesale access shall also be
granted to parts of the network that have not been State funded or that
may not have been deployed by the aid beneficiary, such as by granting
access to active equipment even if only broadband infrastructure is
financed.

8. The wholesale access price shall be based on one of the following

benchmarks and pricing principles:

(a) the average published wholesale prices that prevail in other

comparable, more competitive areas of the Member State;

(b) the regulated prices already set or approved by the national regu­
latory authority for the markets and services concerned; or

(c) cost orientation or a methodology mandated in accordance with the

sectorial regulatory framework.

Without prejudice to the competences of the national regulatory

authority under the regulatory framework, the national regulatory
authority shall be consulted on wholesale access products, the terms
and conditions for access, including on prices, and on disputes related
to the application of this Article.

9. Member States shall put in place a monitoring and claw-back

mechanism if the amount of aid granted to a project exceeds EUR 10
million.

10. To ensure that aid remains proportional and does not lead to
overcompensation or cross-subsidisation of non-aided activities, the
aid beneficiary shall ensure accounting separation between the funds
used for the deployment and the operation of the State funded
network and other funds at its disposal.

▼B

SECTION 11

Aid for culture and heritage conservation

Article 53
Aid for culture and heritage conservation

1. Aid for culture and heritage conservation shall be compatible with

the internal market within the meaning of Article 107(3) of the Treaty
and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in
this Article and in Chapter I are fulfilled.

2. The aid shall be granted for the following cultural purposes and
activities:

▼M1
(a) museums, archives, libraries, artistic and cultural centres or spaces,
theatres, cinemas, opera houses, concert halls, other live
performance organisations, film heritage institutions and other
similar artistic and cultural infrastructures, organisations and
institutions;
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▼B
(b) tangible heritage including all forms of movable or immovable
cultural heritage and archaeological sites, monuments, historical
sites and buildings; natural heritage linked to cultural heritage or
if formally recognized as cultural or natural heritage by the
competent public authorities of a Member State;

(c) intangible heritage in any form, including folklorist customs and

crafts;

(d) art or cultural events and performances, festivals, exhibitions and

other similar cultural activities;

(e) cultural and artistic education activities as well as promotion of the

understanding of the importance of protection and promotion of the
diversity of cultural expressions through educational and greater
public awareness programs, including with the use of new
technologies;

(f) writing, editing, production, distribution, digitisation and

publishing of music and literature, including translations.

3. The aid may take the form of:

(a) investment aid, including aid for the construction or upgrade of

culture infrastructure;

(b) operating aid.

4. For investment aid, the eligible costs shall be the investment costs
in tangible and intangible assets, including:

(a) costs for the construction, upgrade, acquisition, conservation or

improvement of infrastructure, if at least 80 % of either the time
or the space capacity per year is used for cultural purposes;

(b) costs for the acquisition, including leasing, transfer of possession or

physical relocation of cultural heritage;

(c) costs for safeguarding, preservation, restoration and rehabilitation of

tangible and intangible cultural heritage, including extra costs for
storage under appropriate conditions, special tools, materials and
costs for documentation, research, digitalisation and publication;

(d) costs for improving the accessibility of cultural heritage to the

public, including costs for digitisation and other new technologies,
costs to improve accessibility for persons with special needs (in
particular, ramps and lifts for disabled persons, braille indications
and hands-on exhibits in museums) and for promoting cultural
diversity with respect to presentations, programmes and visitors;

(e) costs for cultural projects and activities, cooperation and exchange
programmes and grants including costs for selection procedures,
costs for promotion and costs incurred directly as a result of the
project;
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▼B
5. For operating aid, the eligible costs shall be the following:

(a) the cultural institution's or heritage site's costs linked to continuous

or periodic activities including exhibitions, performances and events
and similar cultural activities that occur in the ordinary course of
business;

(b) costs of cultural and artistic education activities as well as

promotion of the understanding of the importance of protection
and promotion of the diversity of cultural expressions through
educational and greater public awareness programs, including with
the use of new technologies;

(c) costs of the improvement of public access to the cultural institution

or heritage sites and activities including costs of digitisation and of
use of new technologies as well as costs of improving accessibility
for persons with disabilities;

(d) operating costs directly relating to the cultural project or activity,

such as rent or lease of real estate and cultural venues, travel
expenses, materials and supplies directly related to the cultural
project or activity, architectural structures for exhibitions and
stage sets, loan, lease and depreciation of tools, software and
equipment, costs for access rights to copyright works and other
related intellectual property rights protected contents, costs for
promotion and costs incurred directly as a result of the project or
activity; depreciation charges and the costs of financing are only
eligible if they have not been covered by investment aid;

(e) costs for personnel working for the cultural institution or heritage
site or for a project;

(f) costs for advisory and support services provided by outside

consultants and service providers, incurred directly as a result of
the project.

6. For investment aid, the aid amount shall not exceed the difference
between the eligible costs and the operating profit of the investment The
operating profit shall be deducted from the eligible costs ex ante, on the
basis of reasonable projections, or through a claw-back mechanism. The
operator of the infrastructure is allowed to keep a reasonable profit over
the relevant period.

7. For operating aid, the aid amount shall not exceed what is
necessary to cover the operating losses and a reasonable profit over
the relevant period. This shall be ensured ex ante, on the basis of
reasonable projections, or through a claw-back mechanism.

▼M6
8. For aid not exceeding EUR 2.2 million, the maximum amount of
aid may be set at 80 % of eligible costs, as an alternative to application
of the method referred to in paragraphs 6 and 7.
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▼B
9. ►M1 For the activities defined in paragraph 2(f), the maximum
aid amount shall not exceed either the difference between the eligible
costs and the project's discounted revenues or 70 % of the eligible
costs. ◄ The revenues shall be deducted from the eligible costs ex
ante or through a clawback mechanism. The eligible costs shall be
the costs for publishing of music and literature, including the authors'
fees (copyright costs), translators' fees, editors' fees, other editorial costs
(proofreading, correcting, reviewing), layout and pre-press costs and
printing or e-publication costs.

10. Aid to press and magazines, whether they are published in print
or electronically, shall not be eligible under this Article.

Article 54
Aid schemes for audiovisual works

1. Aid schemes to support the script-writing, development,

production, distribution and promotion of audiovisual works shall be
compatible with the internal market pursuant to Article 107(3) of the
Treaty and shall be exempted from the notification requirement of
Article 108(3) of the Treaty, provided the conditions laid down in
this Article and in Chapter I are fulfilled.

2. Aid shall support a cultural product. To avoid manifest errors in

the qualification of a product as cultural, each Member State shall
establish effective processes, such as selection of proposals by one or
more persons entrusted with the selection or verification against a prede­
termined list of cultural criteria.

3. Aid may take the form of:

(a) aid to the production of audiovisual works;

(b) pre-production aid; and

(c) distribution aid.

4. Where a Member States makes the aid subject to territorial

spending obligations, aid schemes for the production of audiovisual
works may either:

(a) require that up to 160 % of the aid granted to the production of a

given audiovisual work is spent in the territory of the Member State
granting the aid; or

(b) calculate the aid granted to the production of a given audiovisual

work as a percentage of the expenditure on production activities in
the granting Member State, typically in case of aid schemes in the
form of tax incentives.

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In both cases, the maximum expenditure subject to territorial spending
obligations shall in no case exceed 80 % of the overall production
budget.
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For projects to be eligible for aid, a Member State may also require a
minimum level of production activity in the territory concerned, but that
level shall not exceed 50 % of the overall production budget.

▼B
5. The eligible costs shall be the following:

(a) for production aid: the overall costs of production of audiovisual

works including costs to improve accessibility for persons with
disabilities.

(b) for pre-production aid: the costs of script-writing and the develop­
ment of audiovisual works.

(c) for distribution aid: the costs of distribution and promotion of

audiovisual works.

6. The aid intensity for the production of audiovisual works shall not
exceed 50 % of the eligible costs.

7. The aid intensity may be increased as follows:

(a) to 60 % of the eligible costs for cross-border productions funded by

more than one Member State and involving producers from more
than one Member State;

(b) to 100 % of the eligible costs for difficult audiovisual works and
co-productions involving countries from the Development
Assistance Committee (DAC) List of the OECD.

8. The aid intensity for pre-production shall not exceed 100 % of the
eligible costs. If the resulting script or project is made into an audio­
visual work such as a film, the pre-production costs shall be incor­
porated in the overall budget and taken into account when calculating
the aid intensity. The aid intensity for distribution shall be the same as
the aid intensity for production.

9. Aid shall not be reserved for specific production activities or

individual parts of the production value chain. Aid for film studio infra­
structures shall not be eligible under this Article.

10. Aid shall not be reserved exclusively for nationals and bene­
ficiaries shall not be required to have the status of undertaking estab­
lished under national commercial law.

SECTION 12

Aid for sport and multifunctional recreational infrastructures

Article 55
Aid for sport and multifunctional recreational infrastructures

1. Aid for sport and multifunctional recreational infrastructures shall

be compatible with the internal market within the meaning of
Article 107(3) of the Treaty and shall be exempted from the notification
requirement of Article 108(3) of the Treaty, provided that the conditions
laid down in this Article and in Chapter I are fulfilled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 155

▼B
2. Sport infrastructure shall not be used exclusively by a single
professional sport user. Use of the sport infrastructure by other profes­
sional or non-professional sport users shall annually account for at least
20 % of time capacity. If the infrastructure is used by several users
simultaneously, corresponding fractions of time capacity usage shall
be calculated.

3. Multifunctional recreational infrastructure shall consist of

recreational facilities with a multi-functional character offering, in
particular, cultural and recreational services with the exception of
leisure parks and hotel facilities.

4. Access to the sport or multifunctional recreational infrastructures

shall be open to several users and be granted on a transparent and
non-discriminatory basis. Undertakings which have financed at least
30 % of the investment costs of the infrastructure may be granted
preferential access under more favourable conditions, provided those
conditions are made publicly available.

5. If sport infrastructure is used by professional sport clubs, Member

States shall ensure that the pricing conditions for its use are made
publicly available.

6. Any concession or other entrustment to a third party to construct,

upgrade and/or operate the sport or multifunctional recreational infra­
structure shall be assigned on a open, transparent and
non-discriminatory basis, having due regard to the applicable
procurement rules.

7. The aid may take the form of:

(a) investment aid, including aid for the construction or upgrade of

sport and multifunctional recreational infrastructure;

(b) operating aid for sport infrastructure;

8. For investment aid for sport and multifunctional recreational infra­

structure the eligible costs shall be the investment costs in tangible and
intangible assets.

9. For operating aid for sport infrastructure the eligible costs shall be
the operating costs of the provision of services by the infrastructure.
Those operating costs include costs such as personnel costs, materials,
contracted services, communications, energy, maintenance, rent, admin­
istration, etc., but exclude depreciation charges and the costs of
financing if these have been covered by investment aid.

10. For investment aid for sport and multifunctional recreational

infrastructure, the aid amount shall not exceed the difference between
the eligible costs and the operating profit of the investment. The
operating profit shall be deducted from the eligible costs ex ante, on
the basis of reasonable projections, or through a claw-back mechanism.

11. For operating aid for sport infrastructure, the aid amount shall not
exceed the operating losses over the relevant period. This shall be
ensured ex ante, on the basis of reasonable projections, or through
a claw-back mechanism.

▼M6
12. For aid not exceeding EUR 2.2 million, the maximum amount of
aid may be set at 80 % of eligible costs, as an alternative to application
of the method referred to in paragraphs 10 and 11.
 02014R0651 — EN — 01.07.2023 — 006.001 — 156

▼B
SECTION 13

Aid for local infrastructures

Article 56
Investment aid for local infrastructures

1. Financing for the construction or upgrade of local infrastructures

which concerns infrastructure that contribute at a local level to
improving the business and consumer environment and modernising
and developing the industrial base shall be compatible with the
internal market within the meaning of Article 107(3) of the Treaty
and shall be exempt from the notification requirement of Article 108(3)
of the Treaty, provided that the conditions laid down in this Article and
in Chapter I are fulfilled.

2. This Article shall not apply to aid for infrastructures that is

covered by other sections of Chapter III of this Regulation with the
exception of Section 1 — Regional aid. This Article shall also not apply
to airport infrastructure and port infrastructure.

3. The infrastructure shall be made available to interested users on an

open, transparent and non-discriminatory basis. The price charged for
the use or the sale of the infrastructure shall correspond to market price.

4. Any concession or other entrustment to a third party to operate the

infrastructure shall be assigned on an open, transparent and
non-discriminatory basis, having due regard to the applicable
procurement rules.

5. The eligible costs shall be the investment costs in tangible and

intangible assets.

6. The aid amount shall not exceed the difference between the
eligible costs and the operating profit of the investment. The
operating profit shall be deducted from the eligible costs ex ante, on
the basis of reasonable projections, or through a claw-back mechanism.

7. Dedicated infrastructure shall not be exempted under this Article.

▼M1
SECTION 14

Aid for regional airports

Article 56a
Aid for regional airports

1. Investment aid to an airport shall be compatible with the internal

market within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in paragraphs 3 to 14
of this Article and in Chapter I are fulfilled.

2. Operating aid to an airport shall be compatible with the internal

market within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in paragraphs 3, 4, 10
and 15 to 18 of this Article and in Chapter I are fulfilled.
 02014R0651 — EN — 01.07.2023 — 006.001 — 157

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3. The airport shall be open to all potential users. In the case of
physical limitation of capacity, the allocation shall take place on the
basis of pertinent, objective, transparent and non-discriminatory criteria.

4. The aid shall not be granted for the relocation of existing airports
or for the creation of a new passenger airport, including the conversion
of an existing airfield into a passenger airport.

5. The investment concerned shall not exceed what is necessary to

accommodate the medium-term expected traffic on the basis of
reasonable traffic forecasts.

6. The investment aid shall not be granted to an airport located

within 100 kilometres or 60 minutes travelling time by car, bus, train
or high-speed train from an existing airport from which scheduled air
services, within the meaning of Article 2(16) of Regulation (EC)
No 1008/2008, are operated.

7. Paragraphs 5 and 6 shall not apply to airports with average annual

passenger traffic of up to 200 000 passengers during the two financial
years preceding the year in which aid is actually granted if the
investment aid is not expected to result in the airport increasing its
average annual passenger traffic to above 200 000 passengers within
two financial years following the granting of the aid. Investment aid
granted to such airports shall comply either with paragraph 11 or with
paragraphs 13 and 14.

8. Paragraph 6 shall not apply where the investment aid is granted to

an airport situated within 100 kilometres from existing airports from
which scheduled air services, within the meaning of Article 2(16) of
Regulation (EC) No 1008/2008, are operated, provided the route
between each of these other existing airports and the airport receiving
the aid necessarily involves either a total travelling time by maritime
transportation of at least 90 minutes or air transportation.

9. The investment aid shall not be granted to airports with average

annual passenger traffic of more than three million passengers during
the two financial years preceding the year in which aid is actually
granted. The investment aid shall not be expected to result in the
airport increasing its average annual traffic to above three million
passengers within two financial years following the granting of the aid.

10. The aid shall not be granted to airports with average annual
freight traffic of more than 200 000 tonnes during the two financial
years preceding the year in which aid is actually granted. The aid
shall not be expected to result in the airport increasing its average
annual freight traffic to above 200 000 tonnes within two financial
years following the granting of the aid.

11. The investment aid amount shall not exceed the difference
between the eligible costs and the operating profit of the investment.
The operating profit shall be deducted from the eligible costs ex ante,
on the basis of reasonable projections, or through a claw-back
mechanism.

12. The eligible costs shall be the costs relating to the investments in
airport infrastructure, including planning costs.
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13. The investment aid amount shall not exceed:

(a) 50 % of eligible costs for airports with an average annual passenger

traffic of one to three million passengers during the two financial
years preceding the year in which aid is actually granted;

(b) 75 % of the eligible costs for airports with average annual passenger
traffic of up to one million passengers during the two financial
years preceding the year in which aid is actually granted.

14. The maximum aid intensities set out in paragraph 13 may be

increased by 20 percentage points for airports located in remote regions.

15. Operating aid shall not be granted to airports with average annual
passenger traffic of more than 200 000 passengers during the two
financial years preceding the year in which aid is actually granted.

16. The amount of operating aid shall not exceed what is necessary
to cover the operating losses and a reasonable profit over the relevant
period. The aid shall be granted either in the form of periodic
instalments fixed ex ante, which shall not be increased during the
period for which the aid is granted, or in the form of amounts
defined ex post based on the observed operating losses.

17. Operating aid shall not be paid out in respect of any calendar
year during which the annual passenger traffic of the airport exceeds
200 000 passengers.

18. The granting of the operating aid shall not be made conditional
upon the conclusion of arrangements with specific airlines relating to
airport charges, marketing payments or other financial aspects of the
airlines' operations at the airport concerned.

SECTION 15

Aid for ports

Article 56b
Aid for maritime ports

1. Aid for maritime ports shall be compatible with the internal

market within the meaning of Article 107(3) of the Treaty and shall
be exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

▼M6
1a. Aid under this Article shall not be granted for the construction,
installation, or upgrade of refuelling infrastructure supplying vessels
with fossil-based fuels, such as diesel, natural gas, in gaseous form
(compressed natural gas (CNG)) and liquefied form (liquefied natural
gas (LNG)), and liquefied petroleum gas (LPG).

▼M1
2. The eligible costs shall be the costs, including planning costs, of:

(a) investments for the construction, replacement or upgrade of port

infrastructures;
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(b) investments for the construction, replacement or upgrade of access
infrastructure;

(c) dredging.

▼M6
2a. For aid for recharging and refuelling infrastructure supplying
electricity, hydrogen, ammonia and methanol, the eligible costs shall
be the costs of the construction, installation, upgrade or extension of
recharging or refuelling infrastructure. Those costs may include the
costs of the recharging or refuelling infrastructure itself and related
technical equipment, including fixed, mobile or floating facilities, the
installation of, or upgrades to, electrical or other components, including
electrical cables and power transformers, required for connecting the
recharging or refuelling infrastructure to the grid or to a local electricity
or hydrogen production or storage unit, as well as civil engineering
works, land or road adaptations, installation costs and costs for
obtaining related permits.

The eligible costs may also cover the investment costs of on-site
production of renewable electricity or renewable hydrogen and the
investment costs of storage units for storing renewable electricity or
hydrogen. The nominal production capacity of the on-site renewable
electricity or renewable hydrogen production installation shall not
exceed the maximum rated output or refuelling capacity of the
recharging or refuelling infrastructure to which it is connected.

▼M1
3. Costs relating to non-transport related activities, including
industrial production facilities active in a port, offices or shops, as
well as for port superstructures shall not be eligible costs.

4. The aid amount shall not exceed the difference between the
eligible costs and the operating profit of the investment or dredging.
The operating profit shall be deducted from the eligible costs ex ante,
on the basis of reasonable projections, or through a claw-back
mechanism.

▼M6
5. The aid intensity per investment referred to in paragraph 2,
point (a), shall not exceed:

(a) 100 % of the eligible costs where total eligible costs of the project
are up to EUR 22 million;

(b) 80 % of the eligible costs where total eligible costs of the project
are above EUR 22 million and up to EUR 55 million;

(c) 60 % of the eligible costs where total eligible costs of the project
are above EUR 55 million and up to the amount laid down in
Article 4(1), point (ee).

The aid intensity shall not exceed 100 % of the eligible costs
determined in paragraph 2, points (b) and (c), up to the amount laid
down in Article 4(1), point (ee).
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6. The aid intensities laid down in points (b) and (c) of the first
subparagraph of paragraph 5 may be increased by 10 percentage
points for investments located in assisted areas fulfilling the conditions
of point (a) of Article 107(3) of the Treaty and by 5 percentage points
for investments located in assisted areas fulfilling the conditions of
point (c) of Article 107(3) of the Treaty.

7. Any concession or other entrustment to a third party to construct,

upgrade, operate or rent aided port infrastructure shall be assigned on a
competitive, transparent, non-discriminatory and unconditional basis.

8. The aided port infrastructure shall be made available to interested

users on an equal and non-discriminatory basis on market terms.

▼M6
8a. When aid is granted for the construction, installation or upgrade
of a refuelling infrastructure supplying hydrogen, the beneficiary shall
give a commitment that by 31 December 2035 at the latest the aided
refuelling infrastructure will supply solely renewable hydrogen. When
aid is granted for the construction, installation or upgrade of a refuelling
infrastructure supplying ammonia or methanol, the beneficiary shall give
a commitment that by 31 December 2035 at the latest the aided
refuelling infrastructure will supply solely ammonia or methanol the
energy content of which is derived from renewable sources other than
biomass and that have been produced in accordance with the method­
ologies set out for renewable liquid and gaseous transport fuels of
non-biological origin in Directive (EU) 2018/2001 and its implementing
or delegated acts.

9. For aid not exceeding EUR 5.5 million, the maximum amount of
aid may be set at 80 % of eligible costs, as an alternative to application
of the method referred to in paragraphs 4, 5 and 6.

▼M1

Article 56c
Aid for inland ports

1. Aid for inland ports shall be compatible with the internal market
within the meaning of Article 107(3) of the Treaty and shall be
exempted from the notification requirement of Article 108(3) of the
Treaty, provided that the conditions laid down in this Article and in
Chapter I are fulfilled.

▼M6
1a. Aid under this Article shall not be granted for the construction,
installation, or upgrade of refuelling infrastructure supplying vessels
with fossil-based fuels, such as diesel, natural gas, in gaseous form
(compressed natural gas (CNG)) and liquefied form (liquefied natural
gas (LNG)), and liquefied petroleum gas (LPG).

▼M1
2. The eligible costs shall be the costs, including planning costs, of:

(a) investments for the construction, replacement or upgrade of port

infrastructures;

(b) investments for the construction, replacement or upgrade of access

infrastructure;

(c) dredging.
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2a. For aid for recharging and refuelling infrastructure supplying
electricity, hydrogen, ammonia and methanol, the eligible costs shall
be the costs of the construction, installation, upgrade or extension of
recharging or refuelling infrastructure. Those costs may include the
costs of the recharging or refuelling infrastructure itself and related
technical equipment, including fixed, mobile or floating facilities, the
installation of, or upgrades to, electrical or other components, including
electrical cables and power transformers, required for connecting the
recharging or refuelling infrastructure to the grid or to a local electricity
or hydrogen production or storage unit, as well as civil engineering
works, land or road adaptations, installation costs and costs for
obtaining related permits.

The eligible costs may also cover the investment costs of on-site
production of renewable electricity or renewable hydrogen and the
investment costs of storage units for storing renewable electricity or
hydrogen. The nominal production capacity of the on-site renewable
electricity or renewable hydrogen production installation shall not
exceed the maximum rated output or refuelling capacity of the
recharging or refuelling infrastructure to which it is connected.

▼M1
3. Costs relating to non-transport related activities, including
industrial production facilities active in a port, offices or shops, as
well as for port superstructures shall not be eligible costs.

4. The aid amount shall not exceed the difference between the
eligible costs and the operating profit of the investment or dredging.
The operating profit shall be deducted from the eligible costs ex ante,
on the basis of reasonable projections, or through a claw-back
mechanism.

5. The maximum aid intensity shall not exceed 100 % of the eligible
costs up to the amount laid down in point (ff) of Article 4(1).

6. Any concession or other entrustment to a third party to construct,

upgrade, operate or rent aided port infrastructure shall be assigned on a
competitive, transparent, non-discriminatory and unconditional basis.

7. The aided port infrastructure shall be made available to interested

users on an equal and non-discriminatory basis on market terms.

▼M6
7a. When aid is granted for the construction, installation or upgrade
of a refuelling infrastructure supplying hydrogen, the beneficiary shall
give a commitment that by 31 December 2035 at the latest the aided
refuelling infrastructure will supply solely renewable hydrogen. When
aid is granted for the construction, installation or upgrade of a refuelling
infrastructure supplying ammonia or methanol, the beneficiary shall give
a commitment that by 31 December 2035 at the latest the aided
refuelling infrastructure will supply solely ammonia or methanol the
energy content of which is derived from renewable sources other than
biomass and that have been produced in accordance with the method­
ologies set out for renewable liquid and gaseous transport fuels of
non-biological origin in Directive (EU) 2018/2001 and its implementing
or delegated acts.
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▼M6
8. For aid not exceeding EUR 2.2 million, the maximum amount of
aid may be set at 80 % of eligible costs, as an alternative to application
of the method referred to in paragraphs 4 and 5.

▼M4
SECTION 16

Aid involved in financial products supported by the InvestEU Fund

Article 56d
Scope and common conditions

1. This Section shall apply to aid involved in financial products

supported by the InvestEU Fund that provide aid to implementing
partners, financial intermediaries or final beneficiaries.

2. The aid shall be compatible with the internal market within the
meaning of Article 107(3) of the Treaty and shall be exempted from the
notification requirement of Article 108(3) of the Treaty, provided that
the conditions laid down in Chapter I, this Article, and either Article 56e
or Article 56f are fulfilled.

3. The aid shall comply with all applicable conditions laid down in
Regulation (EU) 2021/523 and the InvestEU Investment Guidelines laid
down in the Annex to Commission Delegated Regulation (EU)
2021/1078 (1).

▼M6
4. The maximum thresholds laid down in Articles 56e and 56f shall
apply to the total outstanding financing, in so far as that financing
provided under any financial product supported by the InvestEU Fund
contains aid. The maximum thresholds shall apply:

(a) per project in the case of aid with identifiable eligible costs covered
by Article 56e(2), (3) and (4), Article 56e(5), point (a)(i), and
Article 56e(6), (7), (8) and (9);

(b) per final beneficiary in the case of aid without identifiable eligible
costs covered by Article 56e(5), points (a)(ii), (iii) and (iv),
Article 56e(10) and Article 56f.

▼M4
5. Aid shall not be granted in the form of refinancing of or guar­
antees on existing portfolios of financial intermediaries.

(1) Commission Delegated Regulation (EU) 2021/1078 of 14 April 2021 supple­

menting Regulation (EU) 2021/523 of the European Parliament and of the
Council by setting out the investment guidelines for the InvestEU Fund (OJ
L 234, 2.7.2021, p. 18).
 02014R0651 — EN — 01.07.2023 — 006.001 — 163

▼M4
Article 56e
Conditions for aid involved in financial products supported by the
InvestEU Fund

1. Aid to the final beneficiary under a financial product supported by

the InvestEU Fund shall:

(a) comply with the conditions set out in one of paragraphs 2 to 9; and

(b) where the financing is provided in the form of loans to the final
beneficiary, have an interest rate that corresponds at least to the
base rate of the reference rate applicable at the time of the
granting of the loan.

2. Aid for projects of common interest in the area of trans-European

digital connectivity infrastructure financed under Regulation (EU)
2021/1153 or awarded a Seal of Excellence quality label under that
Regulation shall only be granted to projects fulfilling all general and
specific compatibility conditions laid down in Article 52b. The nominal
amount of total financing provided to any final beneficiary per project
under the support of the InvestEU Fund shall not exceed EUR 150
million.

▼M6
3. Aid for fixed broadband network deployment and aid for 4G
and 5G mobile network deployment to connect certain eligible socioe­
conomic drivers shall comply with the following conditions:

(a) aid shall only be granted to projects fulfilling all compatibility

conditions laid down respectively in Articles 52 and 52a unless
indicated otherwise in points (c) and (d) of this paragraph;

(b) the nominal amount of total financing provided to any final ben­
eficiary per project under the support of the InvestEU Fund shall
not exceed EUR 150 million;

(c) the project connects socioeconomic drivers that are public adminis­
trations or public or private entities entrusted with the operation of
services of general interest or of services of general economic
interest within the meaning of Article 106(2) of the Treaty.
Projects including elements or entities other than those specified
under this point are excluded;

(d) by way of derogation from Article 52(4), the identified market

failure must be verified either by available appropriate mapping
or, when such mapping is not available, by a public consultation,
as follows:

(i) the mapping can be considered appropriate if it is not older than

18 months. The mapping shall clearly identify the socio
economic drivers envisaged to be covered under the public
intervention and shall include all networks providing, under
peak time conditions, speeds of at least 100 Mbps download
but below 300 Mbps download (threshold speeds) existing or
credibly planned to be deployed in the relevant time horizon
that pass the premises of the identified eligible socioeconomic
driver as refered to in point (c). The mapping shall be carried
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▼M6
out by the competent public authority. The mapping shall be
performed (1) for purely fixed networks at address level on the
basis of premises passed; (2) for fixed wireless access networks
at address level on the basis of premises passed or on the basis
of maximum 100x100 metre grids; (3) for mobile networks on
the basis of maximum 100x100 metre grids. All the elements of
the methodology and the underlying technical criteria used to
map the target areas must be made publicly available. To foster
synergies and simplification for the public administration, a
geographical survey conducted pursuant to Article 22 of
Directive (EU) 2018/1972 may be considered to constitute an
appropriate mapping in the meaning of this point, provided that
the conditions laid down in this point are met;

(ii) the public consultation shall be carried out by the competent

public authority through the publication on a publicly accessible
website at regional and national level of the main characteristics
of the planned State intervention. The public consultation shall
invite interested parties to comment on the planned State inter­
vention and to submit substantiated information regarding
networks providing, under peak time conditions, speeds of at
least 100 Mbps download but below 300 Mbps download
(threshold speeds) existing or credibly planned to be deployed
in the relevant time horizon and that pass the premises of an
eligible socioeconomic driver as refered to in point (c) and
identified in accordance with point (i), based on information:
(1) for purely fixed networks, at address level on the basis of
premises passed; (2) for fixed wireless access networks, at
address level on the basis of premises passed or on the basis
of maximum 100x100 metre grids; (3) for mobile networks on
the basis of maximum 100x100 metre grids. The public consul­
tation shall last at least 30 days.

▼M4
4. Aid for energy generation and energy infrastructure shall comply
with the following conditions:

▼M6
(a) Aid shall be granted only for investments in energy infrastructure
which are not exempted from third party access, tariff regulation
and unbundling, based on the internal energy market legislation,
for the following categories of projects:

(i) as regards gas infrastructure, projects included in the prevailing

Union list of Projects of Common Interest in Annex VII to
Regulation (EU) No 347/2013; and

(ii) all projects with regards to electricity infrastructure, hydrogen

infrastructure and carbon dioxide infrastructure.

(b) investment aid for generation of energy from renewable energy

sources shall comply with the following requirements:

(i) aid shall only be granted for new installations selected on a

competitive, transparent, objective and non-discriminatory
basis in accordance with Article 41(10);
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▼M6
(ii) aid may be granted to combined renewable and electricity or
thermal storage projects, provided that the requirements set
out in Article 41(1a) are fulfilled;

(iii) aid may be granted to combined biofuels, bioliquids, biogas

(including biomethane) and biomass fuels storage projects,
provided that the requirements set out in Article 41(2) are
fulfilled;

(iv) in case of installations producing renewable hydrogen, aid

shall only be granted for installation compliant with the
requirements set out in Article 41(3);

(v) in case of installations producing biofuels, aid shall only be

granted for installations producing biofuels compliant with the
sustainability and greenhouse gases emissions saving criteria
referred to in Article 29 of Directive (EU) 2018/2001 and its
implementing or delegated acts and are made from the
feedstock listed in Annex IX to that Directive.

▼M4
(c) The nominal amount of total financing provided to any final ben­
eficiary per project referred to in point (a) under the support of the
InvestEU Fund shall not exceed EUR 150 million. The nominal
amount of total financing provided to any final beneficiary per
project referred to in point (b) under the support of the InvestEU
Fund shall not exceed EUR 75 million.

5. Aid for social, educational, cultural and natural heritage infra­

structure and activities shall comply with the following conditions:

▼M6
(a) the nominal amount of total financing provided to any final ben­
eficiary under the support of the InvestEU Fund shall not exceed:

(i) EUR 110 million per project for investments in infrastructure

used for the provision of social services and for education;
EUR 165 million per project for cultural and heritage conser­
vation purposes and activities set out in Article 53(2),
including natural heritage;

(ii) EUR 33 million for activities related to social services;

(iii) EUR 82.5 million for activities related to culture and heritage
conservation; and

(iv) EUR 5.5 million for education and training.

▼M4
(b) aid shall not be granted for training aimed at complying with
mandatory national training requirements.
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▼M4
6. Aid for transport and transport infrastructures shall comply with
the following conditions:

(a) aid for infrastructure, except ports, shall be provided only to the
following projects:

(i) projects of common interest as defined in Article 3, point (a),

of Regulation (EU) No 1315/2013, except for projects
concerning port or airport infrastructure;

(ii) connections to Trans-European transport network urban nodes;

(iii) rolling stock only for the provision of rail transport services not
covered by a public service contract within the meaning of
Regulation (EC) No 1370/2007 of the European Parliament
and of the Council (1), provided the beneficiary is a new
entrant;

(iv) urban transport;

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(v) recharging or refuelling infrastructure that supplies vehicles
with electricity or hydrogen. For aided refuelling infrastructure
supplying hydrogen, the beneficiary shall give a commitment
that by 31 December 2035 at the latest, the refuelling infra­
structure will solely supply renewable hydrogen. This
paragraph does not apply to aid for investments relating to
recharging and refuelling infrastructure in ports.

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(b) aid for port infrastructure projects shall comply with the following
requirements:

(i) aid may only be provided for investments in access infra­

structure and port infrastructure that are made available to
interested users on an equal and non-discriminatory basis on
market terms;

(ii) any concession or other entrustment to a third party to

construct, upgrade, operate or rent aided port infrastructure
shall be assigned on a competitive, transparent,
non-discriminatory and unconditional basis;

(iii) aid shall not be granted for investments in port superstructures.

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(iv) When aid is granted for refuelling infrastructure supplying
hydrogen, the beneficiary shall give a commitment that by
31 December 2035 at the latest, the refuelling infrastructure
will solely supply renewable hydrogen. When aid is granted
for the construction, installation or upgrade of a refuelling
infrastructure supplying ammonia or methanol, the beneficiary
shall give a commitment that by 31 December 2035 at the
latest the aided refuelling infrastructure will supply solely
ammonia or methanol the energy content of which is derived
from renewable sources other than biomass and that have been
produced in accordance with the methodologies set out for
renewable liquid and gaseous transport fuels of
non-biological origin in Directive (EU) 2018/2001 and its im­
plementing or delegated acts.

(1) Regulation (EC) No 1370/2007 of the European Parliament and of the

Council of 23 October 2007 on public passenger transport services by rail
and by road and repealing Council Regulations (EEC) No 1191/69 and (EEC)
No 1107/70 (OJ L 315, 3.12.2007, p. 1).
 02014R0651 — EN — 01.07.2023 — 006.001 — 167

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(c) the nominal amount of total financing provided under point (a) or
(b) to any final beneficiary per project under the support of the
InvestEU Fund shall not exceed EUR 165 million.

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7. Aid for other infrastructures shall comply with the following
conditions:

(a) aid shall be provided only to the following projects:

(i) investment in water supply and waste water infrastructure for

the general public;

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(ii) investment for resource efficiency and circularity in accordance
with Article 47(1) to (6) and (10);

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(iii) investment in research infrastructure;

(iv) investment in the construction or upgrade of innovation cluster

facilities;

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(v) investment in testing and experimentation infrastructures;

(b) the nominal amount of total financing provided to any final ben­
eficiary per project under the support of the InvestEU Fund shall
not exceed EUR 110 million.

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8. Aid for environmental protection, including climate protection,
shall comply with the following conditions:

(a) aid shall be provided only to the following projects:

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(i) investments enabling undertakings to remedy or prevent
damage to physical surroundings (including climate change)
or natural resources by a beneficiary’s own activities or by
activities of another entity participating in the same project,
provided that (i) the investments do not concern equipment,
machinery or industrial production facilities using fossil fuels,
including natural gas, without prejudice to the possibility to
grant aid for the installation of add-on components improving
the level of environmental protection of existing equipment,
machinery and industrial production facilities, in which case
the investment costs shall not relate to CO2-emitting instal­
lations; and (ii) in case of investments in equipment,
machinery and industrial production facilities using
hydrogen, the beneficiary commits to exclusively use
renewable hydrogen throughout the lifetime of the investment.
Aid shall not be granted under this point for investments
undertaken to comply with Union standards that have been
adopted, except if the investment is implemented and finalised
at least 18 months before the standard enters into force;
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(ii) measures improving the energy efficiency of a building or an
undertaking, provided that the investments do not concern
equipment, machinery or industrial production using fossil
fuels, including natural gas. Aid shall not be granted under
this point for investments undertaken to comply with Union
standards that have been adopted, except if the investment is
implemented and finalised at least 18 months before the
standard enters into force. By way of derogation, aid may
be granted under this point for investments in buildings
undertaken to comply with minimum energy performance
standards qualifying as Union standards, provided that the
aid is granted before the standards become mandatory for
the undertaking concerned;

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(iii) remediation of contaminated sites, insofar as no legal or
physical person liable for the environmental damage under
the applicable law is identified in line with the ‘polluter
pays’ principle as referred to in Article 45(3);

(iv) environmental studies;

(v) enhancement and restoration of biodiversity and ecosystems

where that activity contributes to protecting, conserving or
restoring biodiversity and to achieving the good condition of
ecosystems, or to protecting ecosystems that are already in
good condition;

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(vi) investment aid for the acquisition of clean vehicles powered at
least partially by electricity or by hydrogen, or zero-emission
vehicles for road, railway, inland waterway and maritime
transport and for the retrofitting of vehicles to qualify as
clean vehicles or as zero-emission vehicles;

(b) without prejudice to point (a), the aid granted for the improvement
of the energy efficiency of the building may be combined with aid
for any or all of the following measures:

(i) the installation of integrated on-site equipment generating elec­

tricity, heating or cooling from renewable energy sources,
including but not limited to photovoltaic panels and heat
pumps;

(ii) the installation of equipment for the storage of the energy

generated by the on-site renewable energy installations;

(iii) the connection to an energy efficient district heating and/or

cooling system and related equipment;

(iv) the construction and installation of recharging infrastructure for

use by the building users, and related infrastructure, such as
ducting, where car parking facilities are located either inside
the building or are physically adjacent to the building;

(v) the installation of equipment for the digitalisation of the

building, in particular to increase its smart-readiness,
including passive in-house wiring or structured cabling for
data networks and the ancillary part of the broadband infra­
structure on the property to which the building belongs, but
excluding wiring or cabling for data networks outside the
property;
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(vi) investments in green roofs and equipment for the retention and
use of rain water.

The aid measure shall not support the installation of energy

equipment using fossil fuels, including natural gas.

The aid may be granted either to the building owner(s) or tenant(s),

depending on who obtains the financing for the project.

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(c) the nominal amount of total financing provided to any final ben­
eficiary per project referred to in point (a) under the support of the
InvestEU Fund shall not exceed EUR 50 million;

(d) the nominal amount of total financing provided per project referred
to in point (b) under the support of the InvestEU Fund shall
not exceed EUR 50 million per final beneficiary and building;

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(e) aid for energy efficiency improvement measures may also relate to
the facilitation of energy performance contracting, subject to the
following cumulative conditions:

(i) the support is provided to SMEs or small mid-caps that are

providers of energy performance improvement measures, and
which are the final beneficiaries of the aid;

(ii) the aid is provided for the facilitation of energy performance

contracting within the meaning of Article 2, point (27), of
Directive 2012/27/EU;

(iii) the aid takes the form of a senior loan or guarantee to the
provider of the energy efficiency improvement measures
under an energy performance contract, or consists in a
financial product aimed at financing the provider (for
example, factoring or forfaiting);

(iv) the nominal amount of total outstanding financing provided

under this point per beneficiary does not exceed EUR 30
million.

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9. Aid for research, development, innovation and digitalisation shall
comply with the following conditions:

(a) aid may be granted for:

(i) fundamental research;

(ii) industrial research;

(iii) experimental development;

(iv) process innovation or organisational innovation for SMEs;

(v) innovation advisory services and innovation support services

for SMEs;

(vi) digitalisation for SMEs;

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(b) for projects falling under points (a) (i), (ii) and (iii), the nominal
amount of total financing provided to any final beneficiary per
project under the support of the InvestEU Fund shall
not exceed EUR 75 million. For projects falling under point (a)
(iv), (v) and (vi), the nominal amount of total financing provided
to any final beneficiary per project under the support of the
InvestEU Fund shall not exceed EUR 30 million.

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10. SMEs or, where applicable, small mid-caps may, in addition to
the categories of aid provided for in paragraphs 2 to 9, also receive aid
in the form of financing supported by the InvestEU Fund provided that
the respective conditions are fulfilled:

(a) the nominal amount of total financing provided per final beneficiary
under the support of the InvestEU Fund does not exceed EUR 16.5
million and is provided to:

(i) unlisted SMEs that have not yet been operating in any market
or have been operating for less than 10 years following their
registration or less than 7 years after their first commercial sale;
where either the period of operating for less than 10 years
following their registration or less than 7 years after their
first commercial sale has been applied to a given undertaking,
only that period can be applied also to any subsequent aid
under the present Article to the same undertaking. For under­
takings that have acquired another undertaking or were formed
through a merger, the eligibility period applied shall also
encompass the operations of the acquired undertaking or the
merged undertakings, respectively, except for such acquired or
merged undertakings whose turnover accounts for less than
10 % of the turnover of the acquiring undertaking in the
financial year preceding the acquisition or, in case of under­
takings formed through a merger, less than 10 % of the
combined turnover that the merging undertakings had in the
financial year preceding the merger. Concerning the
registration-related eligibility period, if used, for eligible under­
takings that are not subject to registration, the ten-year eligi­
bility period is considered to start from the earlier of either the
moment when the undertaking starts its economic activity or
the moment when it becomes liable to tax with regard to its
economic activity. The financing under the support of the
InvestEU Fund may also cover follow-on investments in
unlisted SMEs after the eligibility period referred to in this
point if the following cumulative conditions are fulfilled: (1)
the nominal amount of total financing referred to in point (a) is
not exceeded, (2) the possibility of follow-on investments was
provided for in the original business plan and (3) the final
beneficiary receiving the follow-on investment has not
become a ‘linked enterprise’, within the meaning of Article 3(3)
of Annex I, with another undertaking other than the financial
intermediary or an independent private investor providing
financing under the support of the InvestEU Fund, unless the
new entity is an SME;
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(ii) unlisted SMEs starting a new economic activity, where the
initial investment shall be higher than 50 % of the average
annual turnover in the preceding 5 years. By derogation from
the first sentence, the following shall be considered investments
for new economic activities, if the related initial investment,
based on a business plan, is higher than 30 % of the average
annual turnover in the preceding 5 years: (1) investments
significantly improving the environmental performance of the
activity beyond mandatory Union standards in accordance with
Article 36(2) of this Regulation, (2) other environmentally
sustainable investments as defined in Article 2(1) of Regu­
lation (EU) 2020/852, and (3) investments aiming at increasing
capacity for the extraction, separation, refining, processing or
recycling of a critical raw material listed in Annex IV. The
environmentally sustainable character of the investment shall
be demonstrated in accordance with Article 3 of Regu­
lation (EU) 2020/852, including the ‘do no significant harm’
principle, or through other comparable methodologies,
including, among others, the sustainability proofing for the
InvestEU Fund. For measures which are identical to
measures within Recovery and Resilience Plans as approved
by the Council, their compliance with the ‘do no significant
harm’ principle is considered fulfilled as this has already been
verified;

(iii) SMEs and small mid-caps that are innovative enterprises as

defined in Article 2, point (80);

(b) the nominal amount of total financing provided per final beneficiary
under the support of the InvestEU Fund does not exceed EUR 16.5
million and is provided to SMEs or small mid-caps whose principal
activities are located in assisted areas provided that the financing is
not used for relocation of activities as defined in Article 2,
point (61a);

(c) the nominal amount of total financing provided per final beneficiary
under the support of the InvestEU Fund does not exceed EUR 2.2
million and is provided to SMEs or small mid-caps.

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Article 56f
Conditions for aid involved in intermediated commercially-driven
financial products supported by the InvestEU Fund

1. Financing to the final beneficiaries shall be provided by

commercial financial intermediaries which shall be selected in an
open, transparent and non-discriminatory way based on objective
criteria.

2. The commercial financial intermediary that provides financing to

the final beneficiary shall retain a minimum risk exposure of 20 % of
each financing transaction.
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3. The nominal amount of total financing provided to each final
beneficiary through all commercial financial intermediaries shall not
exceed EUR 8.25 million.

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CHAPTER IV

FINAL PROVISIONS

Article 57
Repeal

Regulation (EC) No 800/2008 shall be repealed.

Article 58
Transitional provisions

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1. This Regulation shall apply to individual aid granted before the
respective provisions of this Regulation have entered into force where
the aid fulfils all the conditions laid down in this Regulation, with the
exception of Article 9.

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2. Any aid not exempted from the notification requirement of
Article 108(3) of the Treaty by virtue of this Regulation or other regu­
lations adopted pursuant to Article 1 of Regulation (EC) No 994/98
previously in force shall be assessed by the Commission in accordance
with the relevant frameworks, guidelines, communications and notices.

3. Any individual aid granted before 1 January 2015 by virtue of any

regulation adopted pursuant to Article 1 of Regulation (EC) No 994/98
in force at the time of granting the aid shall be compatible with the
internal market and exempted from the notification requirement of
Article 108(3) of the Treaty with the exclusion of regional aid. Risk
capital aid schemes in favour of SMEs set up before 1 July 2014 and
exempted from the notification requirement of Article 108(3) of the
Treaty under Regulation (EC) No 800/2008, shall remain exempted
and compatible with the internal market until the termination of the
funding agreement, provided the commitment of the public funding
into the supported private equity investment fund, on the basis of
such agreement, was made before 1 January 2015 and the other
conditions for exemption remain fulfilled.

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3a. Any individual aid granted between 1 July 2014 and [date of
entry into force of this amendment] in accordance with the provisions
of this Regulation as applicable at the time of granting the aid shall be
compatible with the internal market and exempted from the notification
requirement of Article 108(3) of the Treaty. Any individual aid granted
before 1 July 2014 in accordance with the provisions of this Regulation,
with the exception of Article 9, as applicable either before or after
10 July 2017, before or after 3 August 2021, or before or after [date
of entry into force of this amendment] shall be compatible with the
internal market and exempted from the notification requirement of
Article 108(3) of the Treaty.
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4. At the end of the period of validity of this Regulation, any aid
schemes exempted under this Regulation shall remain exempted during
an adjustment period of 6 months. The exemption of risk finance aid
exempted pursuant to Article 21(9), point (a), shall expire at the end of
the period set out in the funding agreement, provided the commitment
of public funding to the supported private equity investment fund was
made on the basis of such agreement within 6 months from the end of
the period of validity of this Regulation and all other conditions for
exemption remain fulfilled.
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5. If this Regulation is amended, any aid scheme exempted under
this Regulation as applicable at the time of the entry into force of the
scheme shall remain exempted during an adjustment period of six
months.
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Article 59

This Regulation shall enter into force on 1 July 2014.

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It shall apply until 31 December 2026.
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This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX I

SME DEFINITION

Article 1
Enterprise

An enterprise is considered to be any entity engaged in an economic activity,

irrespective of its legal form. This includes, in particular, self-employed persons
and family businesses engaged in craft or other activities, and partnerships or
associations regularly engaged in an economic activity.

Article 2
Staff headcount and financial thresholds determining enterprise categories

1. The category of micro, small and medium-sized enterprises (‘SMEs’) is

made up of enterprises which employ fewer than 250 persons and which have
an annual turnover not exceeding EUR 50 million, and/or an annual balance
sheet total not exceeding EUR 43 million.

2. Within the SME category, a small enterprise is defined as an enterprise

which employs fewer than 50 persons and whose annual turnover and/or annual
balance sheet total does not exceed EUR 10 million.

3. Within the SME category, a micro-enterprise is defined as an enterprise

which employs fewer than 10 persons and whose annual turnover and/or annual
balance sheet total does not exceed EUR 2 million.

Article 3
Types of enterprise taken into consideration in calculating staff numbers and
financial amounts

1. An ‘autonomous enterprise’ is any enterprise which is not classified as a

partner enterprise within the meaning of paragraph 2 or as a linked enterprise
within the meaning of paragraph 3.

2. ‘Partner enterprises’ are all enterprises which are not classified as linked
enterprises within the meaning of paragraph 3 and between which there is the
following relationship: an enterprise (upstream enterprise) holds, either solely or
jointly with one or more linked enterprises within the meaning of paragraph 3,
25 % or more of the capital or voting rights of another enterprise (downstream
enterprise).

However, an enterprise may be ranked as autonomous, and thus as not having

any partner enterprises, even if this 25 % threshold is reached or exceeded by the
following investors, provided that those investors are not linked, within the
meaning of paragraph 3, either individually or jointly to the enterprise in
question:

(a) public investment corporations, venture capital companies, individuals or

groups of individuals with a regular venture capital investment activity
who invest equity capital in unquoted businesses (business angels),
provided the total investment of those business angels in the same enterprise
is less than EUR 1 250 000;

(b) universities or non-profit research centres;

(c) institutional investors, including regional development funds;

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(d) autonomous local authorities with an annual budget of less than EUR 10
million and less than 5 000 inhabitants.

3. ‘Linked enterprises’ are enterprises which have any of the following rela­
tionships with each other:

(a) an enterprise has a majority of the shareholders' or members' voting rights in

another enterprise;

(b) an enterprise has the right to appoint or remove a majority of the members of
the administrative, management or supervisory body of another enterprise;

(c) an enterprise has the right to exercise a dominant influence over another
enterprise pursuant to a contract entered into with that enterprise or to a
provision in its memorandum or articles of association;

(d) an enterprise, which is a shareholder in or member of another enterprise,

controls alone, pursuant to an agreement with other shareholders in or
members of that enterprise, a majority of shareholders' or members' voting
rights in that enterprise.

There is a presumption that no dominant influence exists if the investors listed in

the second subparagraph of paragraph 2 are not involving themselves directly or
indirectly in the management of the enterprise in question, without prejudice to
their rights as shareholders.

Enterprises having any of the relationships described in the first subparagraph

through one or more other enterprises, or any one of the investors mentioned in
paragraph 2, are also considered to be linked.

Enterprises which have one or other of such relationships through a natural

person or group of natural persons acting jointly are also considered linked
enterprises if they engage in their activity or in part of their activity in the
same relevant market or in adjacent markets.

An ‘adjacent market’ is considered to be the market for a product or service

situated directly upstream or downstream of the relevant market.

4. Except in the cases set out in paragraph 2, second subparagraph, an

enterprise cannot be considered an SME if 25 % or more of the capital or
voting rights are directly or indirectly controlled, jointly or individually, by
one or more public bodies.

5. Enterprises may make a declaration of status as an autonomous enterprise,

partner enterprise or linked enterprise, including the data regarding the thresholds
set out in Article 2. The declaration may be made even if the capital is spread in
such a way that it is not possible to determine exactly by whom it is held, in
which case the enterprise may declare in good faith that it can legitimately
presume that it is not owned as to 25 % or more by one enterprise or jointly
by enterprises linked to one another. Such declarations are made without
prejudice to the checks and investigations provided for by national or Union
rules.

Article 4
Data used for the staff headcount and the financial amounts and reference
period

1. The data to apply to the headcount of staff and the financial amounts are
those relating to the latest approved accounting period and calculated on an
annual basis. They are taken into account from the date of closure of the
accounts. The amount selected for the turnover is calculated excluding value
added tax (VAT) and other indirect taxes.
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2. Where, at the date of closure of the accounts, an enterprise finds that, on an
annual basis, it has exceeded or fallen below the headcount or financial
thresholds stated in Article 2, this will not result in the loss or acquisition of
the status of medium-sized, small or micro-enterprise unless those thresholds are
exceeded over two consecutive accounting periods.

3. In the case of newly-established enterprises whose accounts have not yet

been approved, the data to apply is to be derived from a bona fide estimate made
in the course of the financial year.

Article 5
Staff headcount

The headcount corresponds to the number of annual work units (AWU), i.e. the
number of persons who worked full-time within the enterprise in question or on
its behalf during the entire reference year under consideration. The work of
persons who have not worked the full year, the work of those who have
worked part-time, regardless of duration, and the work of seasonal workers are
counted as fractions of AWU. The staff consists of:

(a) employees;

(b) persons working for the enterprise being subordinated to it and deemed to be
employees under national law;

(c) owner-managers;

(d) partners engaging in a regular activity in the enterprise and benefiting from
financial advantages from the enterprise.

Apprentices or students engaged in vocational training with an apprenticeship or

vocational training contract are not included as staff. The duration of maternity or
parental leaves is not counted.

Article 6
Establishing the data of an enterprise

1. In the case of an autonomous enterprise, the data, including the number of

staff, are determined exclusively on the basis of the accounts of that enterprise.

2. The data, including the headcount, of an enterprise having partner enter­

prises or linked enterprises are determined on the basis of the accounts and other
data of the enterprise or, where they exist, the consolidated accounts of the
enterprise, or the consolidated accounts in which the enterprise is included
through consolidation.

To the data referred to in the first subparagraph are added the data of any partner
enterprise of the enterprise in question situated immediately upstream or down­
stream from it. Aggregation is proportional to the percentage interest in the
capital or voting rights (whichever is greater). In the case of cross-holdings,
the greater percentage applies.

To the data referred to in the first and second subparagraph are added 100 % of
the data of any enterprise, which is linked directly or indirectly to the enterprise
in question, where the data were not already included through consolidation in
the accounts.
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3. For the application of paragraph 2, the data of the partner enterprises of the
enterprise in question are derived from their accounts and their other data,
consolidated if they exist. To these are added 100 % of the data of enterprises
which are linked to these partner enterprises, unless their accounts data are
already included through consolidation.

For the application of the same paragraph 2, the data of the enterprises which are
linked to the enterprise in question are to be derived from their accounts and their
other data, consolidated if they exist. To these are added, pro rata, the data of any
possible partner enterprise of that linked enterprise, situated immediately
upstream or downstream from it, unless it has already been included in the
consolidated accounts with a percentage at least proportional to the percentage
identified under the second subparagraph of paragraph 2.

4. Where in the consolidated accounts no staff data appear for a given

enterprise, staff figures are calculated by aggregating proportionally the data
from its partner enterprises and by adding the data from the enterprises to
which the enterprise in question is linked.
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ANNEX II

INFORMATION REGARDING STATE AID EXEMPT UNDER THE CONDITIONS OF THIS REGULATION

PART I
to be provided through the established Commission IT application as laid down in Article 11
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PART II
to be provided through the established Commission electronic notification system as laid down in Article 11
Please indicate under which provision of the GBER the aid measure is implemented.

Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

Regional aid - investment □ Scheme % %

aid (1) (Art. 14)

□ Ad hoc aid % %

Regional aid - operating □ In sparsely populated areas (Art. 15(2)) % %

aid (Art. 15)

□ In very sparsely populated areas (Art. 15(3)) % %

□ In outermost regions (Art. 15(4)) % %

□ Regional urban development aid (Art. 16) ............. natio­ %

nal currency

Aid to SMEs □ Investment aid to SMEs (Art. 17) % %

(Arts. 17 – 19d)

□ Aid for consultancy in favour of SMEs % %

(Art. 18)

□ Aid to SMEs for participation in fairs (Art. 19) % %

□ Aid for costs incurred by SMEs participating in % %

community-led local development (‘CLLD’)
projects (Art. 19a)

□ Limited amounts of aid to SMEs benefitting ............. natio­ %

from community-led local development nal currency
(‘CLLD’) projects (Art. 19b) (2)

□ Aid to microenterprises in the form of public % %

interventions concerning the supply of elec­
tricity, gas or heat (Art. 19c)

□ Aid to SMEs in the form of temporary public % %

interventions concerning the supply of elec­
tricity, gas or heat produced from natural gas
or electricity to mitigate the impact of price
increases following Russia’s war of aggression
against Ukraine (Art. 19d)

(1) In the case of ad hoc regional aid supplementing aid awarded under aid scheme(s), please indicate both the aid intensity granted
under the scheme and the intensity of the ad hoc aid.
(2) According to Article 11(1), reporting on aid granted under Article 19b is not mandatory. Reporting on such aid is, therefore, merely
optional.
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Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

Aid for European Terri­ □ Aid for costs incurred by undertakings partici­ % %
torial Cooperation (Arts. 20 pating in European Territorial Cooperation
– 20a) projects (Art. 20)

□ Limited amounts of aid to undertakings for ............. natio­ %

participation in European Territorial Cooper­ nal currency
ation projects (Art. 20a) (2)

Aid for access to finance □ Risk finance aid (Art. 21) ............. natio­ N/A
for SMEs (Arts. 21-22) nal currency

□ Risk finance aid to SMEs in the form of tax ............. natio­ N/A
incentives for private investors who are natural nal currency
persons (Art. 21a)

□ Aid for start-ups (Art. 22) ............. natio­ N/A

nal currency

□ SME aid - Aid to alternative trading platforms specialised in SMEs (Art. 23) ............. natio­ N/A
nal currency

□ SME aid - Aid for scouting costs (Art. 24) % N/A

Aid for research, develop­ Aid for research □ Fundamental research % %

ment and innovation and develop-ment (Art. 25(2)(a))
(Arts. 25 - 30) projects (Art. 25)

□ Industrial research % %
(Art. 25(2) b))

□ Experimental develop­ % %
ment (Art. 25(2)(c))

□ Feasibility studies % %
(Art. 25(2)(d))

□ Aid for projects awarded a Seal of Excellence ............. natio­ %

quality label (Art. 25a) nal currency

□ Aid for Marie Skłodowska-Curie actions and ............. natio­ %

European Research Council Proof of Concept nal currency
actions (Art. 25b)

□ Aid involved in co-funded research and devel­ % %

opment projects (Art. 25c)

□ Aid for Teaming actions (Art. 25d) % %

(2) According to Article 11(1), reporting on aid granted under Article 20a is not mandatory. Reporting on such aid is, therefore, merely
optional.
 02014R0651 — EN — 01.07.2023 — 006.001 — 182

▼M6

Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

□ Aid involved in in the co-funding of projects % %

supported by the European Defence Fund or
the European Defence Industrial Development
Programme (Art. 25e)

□ Investment aid for research infrastructures % %

(Art. 26)

□ Investment aid for testing and experimentation % %

infrastructures (Art. 26a)

□ Aid for innovation clusters (Art. 27) % %

□ Innovation aid for SMEs (Art. 28) % %

□ Aid for process and organisational innovation % %

(Article 29)

□ Aid for research and development in the % %

fishery and aquaculture sector (Art. 30)

□ Training aid (Art. 31) % %

Aid for disadvantaged □ Aid for the recruitment of disadvantaged % %

workers and workers with workers in the form of wage subsidies
disabilities (Arts. 32-35) (Art. 32)

□ Aid for the employment of workers with % %

disabilities in the form of wage subsidies
(Art. 33)

□ Aid for compensating the additional costs of % %

employing workers with disabilities (Art. 34)

□ Aid for compensating the costs of assistance % %

provided to disadvantaged workers (Art. 35)

Aid for Environmental □ Investment aid for environmental protection, % %

protection (Arts. 36-49) including decarbonisation (Art. 36)

□ Investment aid for recharging or refuelling % %

infrastructure (Art. 36a)

□ Investment aid for the acquisition of clean % %

vehicles or zero-emission vehicles and for the
retrofitting of vehicles (Art. 36b)

□ Investment aid for energy efficiency measures % %

other than in buildings (Art. 38)

□ Investment aid for energy efficiency measures % %

in buildings (Art. 38a)
 02014R0651 — EN — 01.07.2023 — 006.001 — 183

▼M6

Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

□ Aid for the facilitation of energy performance ............. natio­ N/A

contracting (Art. 38b) nal currency

□ Investment aid for energy efficiency projects in ............. natio­ N/A

buildings in the form of financial instruments nal currency
(Art. 39)

□ Investment aid for the promotion of energy % %

from renewable sources, of renewable
hydrogen and of high-efficiency cogeneration
(Art. 41)

□ Operating aid for the promotion of electricity % %

from renewable sources (Art. 42)

□ Operating aid for the promotion of energy from % %

renewable sources and of renewable hydrogen
in small projects and renewable energy
communities (Art. 43)

□ Aid in the form of reductions in taxes under % N/A

Directive 2003/96/EC (Art. 44)

□ Aid in the form of reductions in environmental % N/A

taxes or parafiscal levies (Art. 44a)

□ Investment aid for the remediation of environ­ % %

mental damage, the rehabilitation of natural
habitats and ecosystems, the protection or
restoration of biodiversity and the implemen­
tation of nature-based solutions for climate
change adaptation and mitigation (Art. 45)

□ Investment aid for energy efficient district % %

heating and/or cooling (Art. 46)

□ Investment aid for resource efficiency and for % %

supporting the transition towards a circular
economy (Art. 47)

□ Investment aid for energy infrastructure % %

(Art. 48)

□ Aid for studies and consultancy services on % %

environmental protection and energy matters
(Art. 49)
 02014R0651 — EN — 01.07.2023 — 006.001 — 184

▼M6

Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

□ Aid schemes to make Maximum aid intensity % %

good the damage
caused by certain
natural disasters Type of natural disaster □ earthquake
(Art. 50) □ avalanche
□ landslide
□ flood
□ tornado
□ hurricane
□ volcanic eruption
□ wild fire

Date of occurrence of the natural disaster dd/mm/yyyy to dd/mm/yyyy

□ Social aid for transport for residents of remote regions (Art. 51) ............. natio­ %
nal currency

□ Aid for fixed broadband networks (Art. 52) ............. natio­ %

nal currency

□ Aid for 4G and 5G mobile networks (Art. 52a) ............. natio­ %

nal currency

□ Aid for projects of common interest in the area of trans-European digital % %

connectivity infrastructure (Art. 52b)

□ Connectivity vouchers (Art. 52c) ............. natio­ %

nal currency

□ Aid for backhaul networks (Art. 52d) % %

□ Aid for culture and heritage conservation (Art. 53) % %

□ Aid schemes for audio-visual works (Art. 54) % %

□ Aid for sport and multifunctional recreational infrastructures (Art. 55) % %

□ Investment aid for local infrastructures (Art. 56) % %

□ Aid for regional airports (Art. 56a) % %

□ Aid for maritime ports (Art. 56b) % %

□ Aid for inland ports (Art. 56c) % %

Aid involved in financial Art. 56e □ Aid for projects of ............. natio­ %
products supported by the common interest in the nal currency
InvestEU Fund (Arts. 56d- area of trans-European
56f) digital connectivity infra­
structure financed under
Regulation (EU) 2021/
1153 or awarded a Seal
of Excellence quality
label under that Regu­
lation (Art. 56e(2))
 02014R0651 — EN — 01.07.2023 — 006.001 — 185

▼M6

Maximum aid
intensity
in %
SME – bonuses (if
Primary Objective - General Objectives or Maximum
applicable)
Objectives (list) (list) annual aid amount
in %
in national
currency (in full
amounts)

□ Aid for fixed broadband ............. natio­ %

network deployment and nal currency
aid for 4G and 5G mobile
network deployment to
connect certain eligible
socio-economic drivers
(Art. 56e(3))

□ Aid for energy generation ............. natio­ %

and energy infrastructure nal currency
(Art. 56e(4))

□ Aid for social, ............. natio­ %

educational, cultural and nal currency
natural heritage infra­
structure and activities
(Art. 56e(5))

□ Aid for transport and ............. natio­ %

transport infrastructures nal currency
(Art. 56e(6))

□ Aid for other infra­ ............. natio­ %

structures (Art. 56e(7)) nal currency

□ Aid for environmental ............. natio­ %

protection, including nal currency
climate protection
(Art. 56e(8))

□ Aid for research, devel­ ............. natio­ %

opment, innovation and nal currency
digitalisation (Art. 56e(9))

□ Aid in the form of ............. natio­ %

financing supported by nal currency
the InvestEU Fund
provided to SMEs or
small mid-caps
(Art 56e(10))

□ Aid involved in intermediated ............. %

commercially-driven financial products national
supported by the InvestEU Fund (Art. 56f) currency
 02014R0651 — EN — 01.07.2023 — 006.001 — 186

▼B
ANNEX III

Provisions for the publication of information as laid down in Article 9(1)

Member States shall organise their comprehensive State aid websites, on which
the information laid down in Article 9(1) is to be published, in such a way as to
allow easy access to the information. Information shall be published in a
spreadsheet data format, which allows data to be searched, extracted and easily
published on the internet, for instance in CSV or XML format. Access to the
website shall be allowed to any interested party without restrictions. No prior
user registration shall be required to access the website.

The following information on individual awards as laid down in Article 9(1)(c)

shall be published:

— Name of the beneficiary

— Beneficiary's identifier

— Type of enterprise (SME/large) at the time of granting

— Region in which the beneficiary is located, at NUTS level II (1)

— Sector of activity at NACE group level (2)

— Aid element, expressed as full amount in national currency (3)

— Aid instrument (4) (Grant/Interest rate subsidy, Loan/Repayable advances/

Reimbursable grant, Guarantee, Tax advantage or tax exemption, Risk
finance, Other (please specify))

— Date of granting

— Objective of the aid

— Granting authority

— For schemes under Articles 16 and 21, name of the entrusted entity, and the
names of the selected financial intermediaries

— Reference of the aid measure. (5)

(1) NUTS — Nomenclature of Territorial Units for Statistics. Typically, the region is
specified at level 2.
(2) ►M1 Regulation (EC) No 1893/2006 of the European Parliament and of the Council of
20 December 2006 establishing the statistical classification of economic activities NACE
Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC
Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1). ◄
(3) ►M1 Gross grant equivalent, or for measures under Articles 16, 21, 22 or 39 of this
Regulation, the amount of the investment. ◄ For operating aid, the annual amount of aid
per beneficiary can be provided. For fiscal schemes and for schemes under Articles 16
(Regional urban development aid) and 21 (Risk finance aid), this amount can be
provided by the ranges set out in Article 9(2) of this Regulation.
( ) If the aid is granted through multiple aid instruments, the aid amount shall be provided
4

by instrument.
(5) As provided by the Commission under the electronic procedure referred to in Article 11
of this Regulation.
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▼M6
ANNEX IV

Critical raw materials referred to in Article 21(3), point (c), and Article 56e
(10), point (a)(ii)

The following raw materials shall be considered as critical raw material as

referred to in Article 21(3), point (c), and Article 56e, (10), point (a)(ii):

(a) Antimony

(b) Arsenic

(c) Bauxite

(d) Baryte

(e) Beryllium

(f) Bismuth

(g) Boron

(h) Cobalt

(i) Coking Coal

(j) Copper

(k) Feldspar

(l) Fluorspar

(m) Gallium

(n) Germanium

(o) Hafnium

(p) Helium

(q) Heavy Rare Earth Elements

(r) Light Rare Earth Elements

(s) Lithium

(t) Magnesium

(u) Manganese

(v) Natural Graphite

(w) Nickel – battery grade

(x) Niobium

(y) Phosphate rock

(z) Phosphorus

(aa) Platinum Group Metals

(bb) Scandium

(cc) Silicon metal

(dd) Strontium

(ee) Tantalum

(ff) Titanium metal

(gg) Tungsten

(hh) Vanadium