Country Profile: Luxembourg

AuthorNaldini, Andrea; Pompili, Marco; Peruccacci, Eleonora
Pages202-204
202
18.COUN TRY PROFI LE: LUXEMBOURG
Introduction
Luxem bour g is a centr alised state with only two levels of gover nance, the national and
municipal level. As a r esult, allSt ate aidmeasures are handled directly at the nat ional
lev el by the Luxem bour gish govern men t and its respective m inistries and author ities.
Luxembourg is among the EU Member States that provide the least amountof Stat e
aid. In 2017,State aidmeasures amounted to 0.29 percent of GDP, below the 0.76
per cent of t he EU28 mean. Individual State aidschemes in Luxembourg are generally
of ve ry lim it ed size, w hich can be ex pla ined by t he com par ati vel y s mal l si zeof th e p ubl ic
budget of the country 178.
18.1.Sect ion 1-National r ules for t he evaluation ofSt ate aidschemes
18.1.1.Obligat ion or lack ther eof to evaluat e
The regulatory policy contextin Luxembourg does notset out a general obligation to
conductex-post evaluat ions of public policies. This does not m ean, however, that the
various policy measures or spending programmes are not subjected to regular
evaluation. The need to carry out ex-post evaluations is assessed on a case-by-case
basis for each regulation or spending programme. Typically, the decision to carry out
an ev aluat ion lies with the Minister in char ge of the dossier. Ther e is also no oblig atio n
to publish any evaluat ions that are carr ied out by th e auth orit ies. 179
As a r esult , th ere is also no gen eral ised requ irem ent t o condu ct evaluat ion on State aid
measures specificallyeither, beyond those obligations set out in the European
legislation. Regarding the lat ter, all aid measu res grant ed by the Lux embourgish St ate
have stayed below the minimum t hresholds and thus remain outside the scope of t he
European obligat ions t o con duct an ev aluat ion.
18.1.2.Proced ures t o enfor ce t he o bligation
Under European legislat ion, St ate aidexceeding a cert ain threshold or fulfilling cer tain
conditions mustbe notified to the European Commission. The Luxembourgish
gover nment has decided, as a general g uideline, not t o gr ant any St ate aid that would
pass these thresholds. Thereby, the authorities are able avoid the e requirement to
notify the Stat e aidsch eme al together . By extension, this also me ans that no State aid
scheme is subj ect t o the obligat ion of evaluation under EU legislat ion.
Som e a id is g ranted d irectl y u nder t he ‘ de m inim is’ reg ulat ion . I n additi on, seve ral law s
have been adopted by the Luxembourgish parliament to transpose and implement
European legislation onState aid. These laws provide the legal basis for larger Stat e
aidschemes accessible to economic actors in the country, such as aid for SMEs, for
en vir onm en ta l p rot ect ion , f or th e p rom ot ion of RDI , and fo r r egi onal de velo pm ent . None
of these legal text s contain any prov ision s requiring an evaluat ion.180
178https://ec.europa.eu/competition/state_aid/scoreboard/index_en.html
179OECD, La pr océdu re b udget air e au Luxem bour g: ana lyse et recom me ndat ions, March 201 3, Par is.
180Law on Stat e ai d sche mes for RDI: http://legilux.public.lu/eli/etat/leg/loi/2017/05/17/a544/jo
Law on Stat e aid sche mes in su ppor t of SMEs: http://legilux.public.lu/eli/etat/leg/loi/2018/08/09/a882/jo
Law on State aid schemes for the protection of the environment:
http://legilux.public.lu/eli/etat/leg/loi/2017/12/15/a1108/jo

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