Europaudvalget 2023-24
EUU Alm.del Bilag 652
Offentligt
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28 June 2024
M 77-24
Danish response to the Commission’s call
for evidence
conse-
quences of increased public access to justice in environmental matters
in Commission decisions on State aid
Introduction
On 30 May 2024, the European Commission's Directorate-General for
Competition (DG Competition) initiated a call for evidence to gather input
and data from stakeholders across Member States. The focus is on evaluat-
ing the potential impact of increased public access to justice regarding
Commission decisions on State aid, stemming from the EU's international
environmental obligations in the Aarhus Convention.
The Danish Government finds that it is important that the EU and Member
States as signatories to the Aarhus Convention comply with the obligations
set out in this convention. The Aarhus Convention ensures fundamental
access to information, public participation in decision-making, and access
to justice in environmental matters.
The EU
has implemented the Convention’s provisions on access to justice
concerning EU institutions and bodies through the Aarhus Regulation
(Regulation (EC) No 1367/2006 of 6 September 2006). This regulation was
revised in 2021 to enhance opportunities for non-governmental organiza-
tions (NGOs) and the public to challenge administrative decisions by EU
institutions and bodies that may breach EU environmental law. However,
the revised Aarhus Regulation includes exceptions, notably for State aid
decisions.
Following the complaint in 2015 to the Aarhus Convention Compliance
Committee (ACCC) in case
ACCC/C/2015/128,
and the conclusion of the
ACCC that the existing mechanisms for the public to challenge Commis-
sion decisions on State aid are insufficient to meet the EU's obligations
under the Aarhus Convention, the Danish Government finds that measures
must be taken.
EUU, Alm.del - 2023-24 - Bilag 652: Notat vedr. Regeringens høringssvar på Kommissionens call for evidence
Therefore, the Danish Government welcomes the
Commission’s call for
evidence, which aims to collect input and data for an analytical staff-work-
ing document on the way forward. We find it highly important
in advance
of choosing the right model for compliance with the Aarhus Convention in
State aid decisions
to proper assess likely impacts of the proposed mod-
els.
Danish position
The Danish Government believes that compliance with EU environmental
legislation is an important obligation for both citizens and businesses
within the EU and its Member States.
For the Danish Government, it is a high priority to ensure both the effective
enforcement of environmental legislation and EU State aid control, which
guarantees efficient markets and competition in the internal market.
The Danish Government is fully committed to the compliance with the Aar-
hus Convention and support the possibilities for the public to challenge
State aid decisions where these decisions may contravene EU law relating
to the environment.
At the same time, a solution must take into account the need to maintain an
efficient and reliable State aid system to provide funding for projects cru-
cial for the transition to sustainable energy and environmentally friendly
technologies.
As State aid can play a key role in promoting the EU´s goals of green tran-
sition and sustainable development, this requires a careful balance between
economic and environmental considerations. Given the current global situ-
ation, speed is a crucial factor in ensuring the green transition
and the EU’s
competitiveness. It is important to the Danish Government that a solution
that is compliant with the Aarhus Convention will take this into account.
The Commission has in its communication of 17 May 2023 (COM(2023)
307) introduced 3 possible solutions in order to comply with the Aarhus
Convention;
1.
Amending the Aarhus Regulation to include State aid decisions
within its scope. Under this option, State aid decisions adopted by
the Commission would be subject to the same review procedures as
any other administrative act contravening EU environmental law.
Amending the Best Practices Code (BPC) for the conduct of State
aid control procedures to introduce an internal review mechanism
similar to the one applicable under the Aarhus Regulation but
adapted to the specificities of State aid control.
2.
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EUU, Alm.del - 2023-24 - Bilag 652: Notat vedr. Regeringens høringssvar på Kommissionens call for evidence
3.
Amending the Procedural Regulation to introduce an internal re-
view mechanism similar to the one under the Aarhus Regulation
The Danish Government will await the Commission’s analysis of the three
proposed solutions before taking a final position on the most appropriate
model. At this stage, the Danish Government is keeping all three options
identified by the Commission open.
It is important for The Danish Government that any adjustment of the ex-
isting framework should be designed so as to both preserve the efficiency
of State aid control and ensure compliance with
the EU’s obligations under
the Aarhus Convention.
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