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Published byMerry McCormick Modified over 8 years ago
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Ex-ante state aid control initial assessment of the planned state aid performed by the Ministry of Finance
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Insurance that only legal and compatible state aid is granted in Latvia Planned new aid measures and planned amendments/ modifications in existing aid measures shall be submitted to the Ministry of Finance for the initial assessment Assessment is made to identify as to whether planned measure: -qualifies as state aid according to Article 107(1) of the TFEU -includes all the obligatory state aid requirements required by the respective EC state aid rules -shall be notified to the Commission in accordance to Article 108(3) of the TFEU or is exempted from the notification obligation
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Elaboration of aid measures: Obligatory State aid requirements to be included in state aid scheme/ individual aid Objective Eligible activities Aid form Eligible expenditures Maximum aid amount per project, applicable procedures for big projects (for certain objectives) Applicable aid intensity Non-eligible sectors & sectors with special requirements Cumulation of aid Duration of aid (from – to)
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Procedures to be complied with to grant lawful state aid Submission of the notification to the EC Article 108(3)TFEU – applicable for all cases where state aid is granted in accordance to state aid guidelines, frameworks, etc. Exemption from the prior notification Regulation 800/2008 (set of horizontal objectives) – submission of summary information to the EC Regulation 1370/2007 (transport public services – rail, bus, tram) – no procedure to be followed Decision 842/2005 (other public services) - no procedure to be followed Regulation 1998/2006 (de minimis aid) - no procedure to be followed
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Submission of the information to the EC (in schema) European Commission Latvian Permanent Representation to EU Ministry of Finance, State Aid Control Department initial assessment Line MinistriesMunicipalities
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Implementation of a state aid measure and control of compliance Granting of an aid Controlling of an aid Aid scheme/ project - Includes all minimum required requirements - Procedural requirements complied with respect of notification/ summary information submission to the EC Contract for granting an aid - Includes all minimum required state aid requirements established in aid scheme/ project Actual implementation of a project - Done in compliance with the contract and aid scheme/ project requirements Legal aid and compatible measure - ex-ante assessment requirement respected
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Different steps of state aid control Ex-ante state aid control is followed by the implementation of planned state aid measure, where project application is cross-checked for eligibility under state aid measure (scheme/ project) Ex-post monitoring of state aid is performed by the aid granting authority (on-the-spot, interim and final checks)
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