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The European Green Deal and State Aid:

The Guidelines on State Aid for Environmental Protection and Energy Towards the Future

Steven Verschuur, Cecilia Sbrolli

DOI https://doi.org/10.21552/estal/2020/3/5

Keywords: EU Green Deal, Environmental and Energy Guidelines, incentive effect, environmental targets, financing


The European Green Deal is the prelude and the foundation of a daunting, but necessary, environmental-centric industrial revolution. EU legislation has obviously dealt with environmental policies in the past, but the European Green Deal is a far-reaching project that will require unprecedented investments. The transition envisioned in the European Green Deal will also require amendments to a wide variety of existing EU legislation and policies, including in the field of State aid. The Guidelines on State aid for environmental protection and energy (EEAG), in force until the end of 2021, are the legal framework in force to assess environmental State aid. This raises the question whether these Guidelines are a suitable instrument to achieve the objectives of the European Green Deal. This paper is the first of a series that will discuss the interplay between existing State aid rules and policy on the one hand and the European Green Deal on the other. It will provide a broader introduction to the European Green Deal and its envisaged means of financing and will discuss the application of the incentive effect to the State aid assessment of national support measures to achieve objectives of the European Green Deal.
Keywords: EU Green Deal, Environmental and Energy Guidelines, incentive effect, environmental targets, financing

Steven Verschuur is a Lawyer at the Amsterdam and Brussels Bars and a Partner at the Amsterdam and Brussels office of law firm Osborne Clarke. Cecilia Sbrolli is a Lawyer at the Italian and Brussels Bars and an Associate at the Brussels office of law firm Osborne Clarke. For correspondence: <mailto:steven.verschuur@osborneclarke.com> and <mailto:cecilia.sbrolli@osborneclarke.com>. All websites accessed 24 July 2020.

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