BAKGRUNN (fra EFTAs overvåkingsorgans pressemelding 18.1.2017)

State Aid: ESA provides guidance on what public measures constitute state aid

The EFTA Surveillance Authority (ESA) has adopted new guidelines on when a public measure does or does not involve state aid. The guidelines correspond to similar guidance adopted by the European Commission.

The guidelines will help public authorities and companies identify when public support measures can be granted free of state aid. The overall purpose is to provide legal certainty and cut red tape for public authorities and companies as well as allow ESA to focus on cases with the biggest impact on the Single Market.

In particular, the guidelines clarify the elements of state aid, such as the notion of economic activity, the origin of public funding, the granting of an advantage, the selective nature of the advantage, and the effects on competition and trade between EEA States.

Key clarifications

• Economic activities vs non-economic activities: social security schemes, public hospitals, public education services, culture and heritage conservation activities offered to the public free of charge, do not in principle constitute economic activities;