Legal provisions of COM(2012)730 - Amendment of regulations on the application of Articles 92 and 93 of the EC Treaty to certain categories of horizontal state aid, and on public transport by rail and road

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Article 1

Regulation (EC) No 994/98 is amended as follows:

(1)The title of the Regulation is replaced by the following:

‘Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid’

(2)Article l is amended as follows:

(a)paragraph 1(a) is replaced by the following:

‘(a)aid in favour of:

(i)small and medium-sized enterprises;

(ii)research, development and innovation;

(iii)environmental protection;

(iv)employment and training;

(v)culture and heritage conservation;

(vi)making good the damage caused by natural disasters;

(vii)making good the damage caused by certain adverse weather conditions in fisheries;

(viii)forestry;

(ix)promotion of food sector products not listed in Annex I of the TFEU;

(x)conservation of marine and freshwater biological resources;

(xi)sports;

(xii)residents of remote regions, for transport, when this aid has a social character and is granted without discrimination related to the identity of the carrier;

(xiii)basic broadband infrastructure, small individual infrastructure measures covering next-generation access networks, broadband-related civil engineering works and passive broadband infrastructure, in areas where there is either no such infrastructure or where no such infrastructure is likely to be developed in the near future;

(xiv)infrastructure in support of the objectives listed in (i) to (xiii) and in point (b) of this paragraph and in support of other objectives of common interest, in particular the Europe 2020 objectives.’.

(b)paragraph 2(c) is replaced by the following:

‘(c)thresholds expressed in terms of aid intensities in relation to a set of eligible costs or in terms of maximum aid amounts or, for certain types of aid where it may be difficult to identify the aid intensity or amount of aid precisely, in particular financial engineering instruments or risk capital investments or those of a similar nature, in terms of the maximum level of State support in or related to that measure, without prejudice to the qualification of the measures concerned in the light of Article 107(1) of the TFEU;’

(3)Article 3(2) is replaced by the following:

‘2.   Upon implementing aid systems or individual aids granted outside any system, which have been exempted pursuant to regulations referred to in Article 1(1), Member States shall forward to the Commission, with a view to publication on the website of the Commission, summaries of the information regarding such systems of aid or such individual aids as are not covered by exempted aid systems.’

(4)Article 8 is amended as follows:

(a)paragraph 1(a) is replaced by the following:

‘(a)at the same time as publishing any draft regulation in accordance with Article 6;’;

(b)in paragraph 2, the second sentence is replaced by the following:

‘The drafts and documents to be examined shall be annexed to the notification and may be published on the Commission website.’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.