Can I do a retrospective press release?
Extended EU aid framework creates additional flexibility for bridging aid II - bridging aid II retrospectively also possible without a loss calculation
The extension of the state aid ceilings for small aid to 1.8 million euros per company (previously 800,000 euros) creates additional leeway for companies. You can retrospectively make use of the right to choose on which state aid framework you base your applications for the granting of Bridging Aid II for the final settlement. This can mean that Bridging Aid II will also be possible for some companies without a loss statement. This is of particular benefit to small businesses, which can benefit in particular from such an option.
Federal Minister of Economics Altmaier: “The extended aid framework creates additional flexibility for many entrepreneurs. We make full use of this flexibility in national implementation and for our national Corona aid. Specifically, we give entrepreneurs with the bridging aid II retrospectively in the context of the final settlement a right to choose which aid framework they want to base their aid on. For many, and especially for small entrepreneurs, the previously required proof of loss can be omitted. This is good news and a great relief for many small businesses. "
In terms of state aid law, the bridging aid II has so far only been covered by the “Federal Regulation of Fixed Cost Aid 2020”. On this basis, subsidies can be awarded as a contribution to the uncovered fixed costs of a company in the amount of up to 3 million euros per company or group of companies, provided these are not already covered by other income. According to the federal regulation of fixed costs 2020, proof of loss is currently required here.
The meanwhile increase in the state aid upper limit for small aid to 1.8 million euros per company (previously 800,000 euros) by the European Commission on January 28, 2021 now creates the necessary scope under state aid law to also provide bridging aid II for the majority of companies Open the right to choose on which aid framework the bridging aid II is based. As part of the final settlement, companies can choose whether they would like to receive bridging aid II on the basis of the “Federal Regulation on Small Aid” or the “Federal Regulation of Fixed Cost Aid 2020”. This option is implemented simply and easily as part of the final settlement that is planned anyway. There are no new requirements for the application.
For companies for which the scope of the small aid scheme of up to 1.8 million euros is sufficient, this means that no losses have to be proven in the final account. You can rely on the small aid scheme, which does not require proof of loss. Companies that have already received payments can then expect an additional payment if necessary. For companies for which the scope of the small aid scheme of up to 1.8 million euros is not sufficient, it remains that losses must be proven. Because for these companies, the "Federal Regulation Fixed Costs Regulation 2020" remains the relevant aid framework.
Specifically, this means the following for applicants who want to use the new right to vote
- If applicants want to use the new option, no separate change request is necessary. Applications already made on the basis of the “Federal Regulation on Fixed Costs Aid 2020” and the corresponding notices remain valid until the final account. A loss statement is currently only to be submitted as part of the final account and is only relevant in the event that the right to choose is not used (the bridging aid II is therefore to be granted permanently on the basis of the "Federal Regulation Fixed Cost Aid 2020").
- As part of the final settlement, which is necessary anyway, it can be stated that Bridging Aid II is to be granted on the basis of the “Federal Regulation on Small Aid”. The prerequisite for this is that the state aid limit of 1.8 million euros per company is not exceeded as a result (for example through bridging aid I and III, November aid and / or December aid, also based on the "Federal Small Aid Regulation").
- If the option is used in the context of the final settlement, the final grant of bridging aid II is based on the “Federal Regulation on Small Aid”. A loss statement is not necessary in such cases. If the requested bridging aid II has been reduced as a result of a loss statement that has already been made, the fixed costs claimed as part of the final statement can be corrected upwards accordingly.
The necessary FAQ lists and guidelines for Bridging Aid II will be adapted quickly.
At the same time, the European Commission will also be notified of the necessary amendments to the amended federal regulation on small-scale aid, which fully utilizes the additional scope of the extended aid framework. The notification of changes and the subsequent approval under state aid law by the EU Commission are procedurally necessary steps that are currently being carried out.
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