MOF, Alm.del - 2023-24 - Bilag 586: Kopi til orientering af regeringens høringssvar til Kommissionen og notat om Kommissionens call for evidence – konsekvenser af øget offentlig adgang til klage og domstolsprøvelse i miljøsager i Kommissionens beslutninger om statsstøtte, fra miljøministeren

Miljø- og Fødevareudvalget 2023-24
MOF Alm.del Bilag 586
Offentligt

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.

MOF, Alm.del - 2023-24 - Bilag 586: Kopi til orientering af regeringens høringssvar til Kommissionen og notat om Kommissionens call for evidence – konsekvenser af øget offentlig adgang til klage og domstolsprøvelse i miljøsager i Kommissionens beslutninger om statsstøtte, fra miljøministeren

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;

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.

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.