EStAL - European State Aid Law Quarterly

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The search returned 2 results.

Delia Ferri

European State Aid Law Quarterly, Volume 14 (2015), Issue 1, Page 51 - 67

Accessible technology encompasses a series of different universally designed and assistive products. The market for these products is wide and highly diversified. However, a common trend can be identified: Private industry is hesitant to engage in experimental products which require massive development and production costs, and is reluctant to invest in developing goods without a clear consumer demand. In this context, the role of public subsidies is of key importance. This article aims to explore whether and to what extent accessible technology has been fostered under the current EU legal framework, and to investigate the potential role of State aid in the future. In particular, the article discusses whether accessibility has been taken into consideration in the evaluation of support schemes by the Commission (especially under Article 107(3)(c) TFEU), and whether there is the opportunity to consider it. Particular attention is paid to aid for R&D in the field of technology, and to schemes specifically aimed at stimulating the production of technological goods. The article also considers whether and to what extent the 2008 General Block Exemption Regulation (GBER) has allowed Member States to use public subsidies to encourage the production of accessible technology. Finally, taking into consideration that the EU has recently undergone a wide-ranging reform of the rules governing State aid, the article reflects on the possible changes in the EU State aid regulation that might nudge the market in a more ‘accessible’ direction. Keywords: Accessible technology, GBER, R&D&I, Risk Capital Guidelines, SMEs, Technology

Delia Ferri

European State Aid Law Quarterly, Volume 14 (2015), Issue 4, Page 465 - 478

This article examines Commission Regulation (EU) N°651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, better known as 2014 General Block Exemption Regulation (GBER) vis-à-vis the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In particular, it frames the GBER within the context of the European disability policy and discusses whether the new GBER complies with the international obligations that the EU has undertaken by concluding the UNCRPD. This article focuses on the GBER provisions concerning aid to employment and training of workers with disabilities and aid compensating for the additional costs of employing workers with disabilities, comparing and contrasting them with those included in the former 2008 GBER. It also comments on the GBER sections related to training aid and to aid for culture and heritage conservation. Both sections contain explicit references to people with disabilities or include disability-related provisions. This article argues that, although the new GBER acknowledges the potential role of State aid in the protection and promotion of the rights of persons with disabilities, it does not mainstream disability to the extent required by the UNCRPD. All in all, this article also attempts to shed a light on the interplay between State aid law and disability policy, which is becoming an interesting and thought-provoking area of study. Keywords: Disability, GBER, Aid for Employment of Workers with Disabilities, Training Aid, Aid for Culture and Heritage Conservation, UN Convention of the Rights of Persons with Disabilities

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