Application of Articles 93, 107 and 108 of the TFEU to certain categories of State aid in the rail, inland waterway and multimodal transport sector

The European Parliament adopted by 600 votes to 21 with 10 abstentions, following the consultation procedure, a legislative resolution on the proposal for a Council regulation on the application of Articles 93, 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of State aid in the rail, inland waterway and multimodal transport sectors.

Parliament approved the Commission's proposal without amendments.

Council Regulation (EU) 2015/1588 (the 2015 Enabling Regulation) empowers the Commission to declare, by way of regulations, that certain specific categories of aid are compatible with the internal market and are exempt from the notification requirement of Article 108(3) of the Treaty.

The proposed Enabling Regulation for transport will allow the Commission to adopt block exemption regulations for aid to rail and inland waterway transport and to multimodal transport.

The Enabling Regulation identifies two categories of aid exempted from the notification requirement of Article 108(3) TFEU: (i) aid for transport coordination; and (ii) aid corresponding to the reimbursement of certain obligations inherent in the concept of a public service. These categories fall under the scope of Article 93 TFEU.

In addition, the proposed Regulation indicates the elements (such as the purpose of the aid) that the Commission will specify in its subsequent regulations to block-exempt from notification under Article 108(3) TFEU on the above referred to categories of aid.