These guarantees are generally to be regarded as state aid, but because their object is generally to finance, it can also be seen as a form of public expenditure. They may take different forms, but in general, they seek to finance state priorities and priorities can be in areas such as: social security.
the education system
health
Environment or tourism If the financing of a specific undertaking is necessary in relation to public priorities, then this is known as “direct” aid. Where the objective of the State aid is to finance a particular activity, even if only part of that activity is financed by the grant then this is known as “indirect” aid. The aim in relation to indirect aid is to make it possible for a State to compete within a given market. Indirect aid can take several forms. It may be: a subsidy.
guarantee
interest payment
reducing the cost of borrowing For the purposes of these State aid guidelines, indirect aids are generally defined as: a subsidy to a specific activity which is a clear and direct incentive to invest and to expand a specific activity
a guarantee or an interest payment if a specific activity is not financed at the cost of guaranteeing this activity
to the operation of an economic operator
To an agricultural operation, forestry or fishery operation This distinction between direct and indirect aid is important because, to a large extent, indirect aid is the consequence of, rather than a cause of, direct aid. For example, direct aid is often the result of an explicit choice by the State to use a particular route to enable the production of a specific product. By contrast, indirect aid is sometimes a result of the particular economic conditions in a given marketplace. 2. APPLICATION OF EXISTING REGULATIONS 2.1. Existing State aid legislation The existing State aid legislation of the United Kingdom is found at Regulation 477/2001 of the European Parliament and of the Council on certain forms of special financial assistance to the automobile industry in certain Member States (as amended by Regulation 3679/2003). This legislation is in turn a copy-right of the European Community Directive 95/46/EC of 3 August 1995 on aid for investment and investment-led recovery of capital of certain investment undertakings or small businesses (91/686/EC), which had been approved on the same day. Where the Council refers to Regulation 477/2001 as amended, it will, where appropriate refer to this legislation as it applies to specific situations.
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G. SPECIFIC AID INSTRUMENTS C 155/10 EN Official Journal of the European Union Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (2008/C
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