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OCCP's competence in the field of state aid
The competence of the President of the OCCP in the field of State aid
Aid granted to an undertaking constitutes State aid as defined in the Treaty establishing the European Community (EC Treaty) if the following conditions are met:
- it is granted by the State or from the State’s funds
- it is granted on more attractive terms than market terms
- it is selective in nature (it privileges a selected undertaking or undertakings or production of specific goods)
- it threatens or distorts competition and affects trade between EU Member States.
If any of the aforementioned conditions is not met, we do not deal with State aid as defined in Article 87 par. 1 of the EC Treaty.
The European Commission is the sole competent authority to determine compliance of granted aid with the Community law. Any type of aid granted to undertakings by central and local government agencies on the basis of individual applications or aid schemes is to be notified to the EC. Until the Commission’s approval the aid may not be granted. De minimis aid – i.e. support of up to EURO 100 thousand granted to an undertaking within three consecutive years and aid granted on the basis of group exemptions – is an exception.
Whereas the President of the Office of Competition and Consumer Protection is obliged to monitor State aid granted to undertakings. The OCCP prepares annual reports concerning State aid granted to undertakings.