Summary

The broadband Guidelines, adopted in 2013, and the relevant provisions of the General Block Exemption Regulation (GBER), adopted in 2014 set out specific criteria for the allocation of State aidfor the deployment ofbroadband networks in a targeted and sustainable manner in areas that need it most.

The broadband Guidelines and the relevant provisions of the GBER were subject to an evaluation assessing whether they were fit for purpose. The results of the evaluation are set out in the staff working document (SWD(2021) 194 final), published on 7 July 2021. The evaluation revealed that the existing framework has worked well and has made an important contribution to the deployment of broadband networks. At the same time, the evaluation showed that some targeted adjustments of the existing rules are necessary.

The revised Broadband Guidelines adopted on 12 December 2022 set out the rules under which the Commission will assess State aid measures notified by Member States to support the deployment and take-up of broadband networks in the EU. The new rules contribute to the EU's strategic objectives of ensuring gigabit connectivity for everyone and 5G coverage everywhere by the end of the decade, which is essential to achieve the digital transition of the Union.

Estimated savings and benefits

The revised Guidelines imply certain rules to facilitate the practical application of the Guidelines and to cut red tape for companies and public authorities. For example, the revised Guidelines allow Member States to require operators to provide the most appropriate set of wholesale access products depending on the competitive situation in a given area and the demand for specific products. This will reduce costs of such products, while preserving competition and preventing lock-in effects.

They also clarify and provide further guidance on certain key concepts, which are important for the State aid assessment carried out by the Commission, such as mapping, public consultations, selection procedure, wholesale access pricing, and claw back mechanisms. In addition, on 23 July 2021, the Commission adopted an amendment of the provisions of the GBER related to the broadband sector to accompany the new multiannual financial framework and to facilitate certain recovery-related aid measures. The revision of the GBER provides for additional possibilities for Member States to support the transition to digital economy and allow for the quick implementation, without prior notification to the Commission, of crucial State aid measures that will accelerate the recovery from the economic effects of the coronavirus pandemic in a sustainable and resilient way. The initiative thus minimises administrative burdens linked to State aid measures in situations where the benefits to society outweigh the possible distortions of competition that the aid measures may cause to the Single Market.