Abstract

AuthorMichie, Rona; Wishlade, Fiona; Mendez, Carlos
Pages3-4
Fact-finding studyon the GBERtransparency re quirement
iii
ABSTRACT
The aims of this study were threefold:
to provide an overview of approaches to meeting the State aid transparency
requirements
to assess the effectiveness of different approachesusingavailable data; and
to identify potential changes to the transparency requirementsthat might improve levels
of compliance.
The review of reporting arrangements reveals diverse arrangements for compliance with the
transparency requirements.Formally, the transparency requirement under the GBER flows from
the direct applicability of EU law and in principle does not require further implementation. As a
result, in about athird of countries there is no specific State aid legislation. The remaining
countries have enacted State aid legislation, but the substance of this varies widely.
All countries haveat least one State aid coordinating body, but arrangements vary. Most State aid
coordinating bodies only have an advisory role, but in somecountries there is mandatory
oversight.
Six modelsare identified reflecting:
whether or not awarding bodies are responsible for encoding awards in TAM;
whether or not there is a national State aid register; and, if so,
whether or not the national register is used for compliance purposes instead of TAM.
Toconsider the effectiven ess of different approaches to compliance with the transparency
requirements, adetailed assessment of the available data was undertaken. The most robust
dataset concerns reporting delays.However,a very significant data gap concerns awards that
have not been reported at all.Analysis of the reportingdelays showed that the transparency
‘model’ and associated regulatory stringency offered little explanatory power in accounting for
the timeliness of reporting. Variances arelargely driven by the performance of individual granting
authorities - a very few bodies accountfor the majority of delays.
A selection of case studies was undertaken to identify potential changes to the transparency
requirementsthat might improve levels of compliance. Somedetailed proposalswere identified,
but while these might facilitate the use of TAM and address some operational frustrations, it
seems unlikely that they would have a material impact on compliance. In broad terms, countries
where awarding bodies are responsible for TAM encoding do not want any additional reporting
burdens, and countries where national registers are in place do not want additional demands to
be made that would disrupt existing systems.
On the basis of this study, threerecommendationscan be made.
First, a more accurate assessment of compliance might be gleaned from requiring Member States
to report the actual number of paymentsunder SARI, as well as expenditure; the number of
awards anticipated might also be made an obligatory entry under SANI2. Neither would provide a
complete solution, but over time would enhance the capacity accurately to identify likely
instances of transgression.

To continue reading

Request your trial

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT