EU proposes new rules to challenge State aid decisions under environmental law
The European Commission has opened a public consultation on new rules for reviewing State aid decisions under EU environmental law. The proposed changes follow findings from the Aarhus Convention Compliance Committee. All 27 EU member states have already ratified the convention, which shapes the Union's environmental policies.
The draft amendments focus on the State aid Implementing Regulation and the Best Practices Code (BPC). They introduce a new system letting citizens request a Commission review of certain State aid decisions. The goal is to ensure these decisions comply with EU environmental law.
The updated BPC clarifies who can ask for a review, which decisions qualify, and the deadlines for internal checks. These changes come after the Aarhus Convention Compliance Committee highlighted gaps in access to justice.
The Commission will discuss the proposals with member states before finalising them. Adoption is expected in the second quarter of 2025, alongside a detailed Staff Working Document. The consultation runs until 21 March 2025, with all documents available online for stakeholders.
If adopted, the new rules will give the public a clearer way to challenge State aid decisions affecting the environment. The Commission's next steps include reviewing feedback and finalising the amendments. The process reflects ongoing efforts to align EU law with the Aarhus Convention's standards.
