Commission Implementing Regulation (EU) 2025/905 of 12 May 2025 amending Regulation (EC) No 794/2004 as regards an internal review mechanism to follow up on the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2015/128 and other procedural updates

• (b) Please explain why, in your opinion, the alleged State aid is selective (i.e. favours certain commercial undertakings or the production of certain goods).

• (c) Please explain how, in your opinion, the alleged State aid provides an economic advantage for the beneficiary or beneficiaries.

• (d) Please explain why, in your view, the alleged State aid distorts or threatens to distort competition.

• (e) Please explain why, in your view, the alleged aid affects trade between Member States.

8. Compatibility of the aid

Please indicate the reasons why in your view the alleged aid is not compatible with the internal market.

In case you add annexes in support to your claim, please indicate in the section below the relevant points/sections of the annex supporting your allegations that the measure is not in line with State aid rules.

9. Information on alleged infringement of other rules of European Union law and on other procedures

• (a) If known, please indicate what other rules of European Union law you think have been infringed by the granting of the alleged aid. Please be aware that this does not imply necessarily that those potential infringements will be dealt with within the State aid investigation.

• (b) Have you already approached the Commission's services or any other European institution concerning the same issue?*

☐Yes ☐No

If yes, please attach copies of correspondence.

• (c) Have you already approached national authorities or national courts concerning the same issue?*

☐Yes ☐No

If yes, please indicate which authorities or courts; also, if there has already been a decision or judgement, please attach a copy (if available); if, on the contrary, the case is still pending, please indicate its reference (if available).

• (d) Please provide any other information that may be relevant for the assessment of this case.

10. Supporting documents

Please list any documents and evidence which are submitted in support of the complaint and add annexes if necessary

• — Whenever possible, a copy of the national law or other measure which provides the legal basis for the payment of the alleged aid should be provided.

• — Whenever possible, please attach any available evidence that the State aid was granted (e.g. press release, published accounts).

• — If the complaint is submitted on behalf of someone else (a natural person or a firm) please attach proof that you as a representative are authorised to act.

• — Where applicable, please attach copies of all previous correspondence with the European Commission or any other European or national institution concerning the same issue.

• — If the issue has already been dealt with by a national court/authority, please attach a copy of the judgement/decision, if available.

11. Confidential information

All the information contained in this form and the annexes submitted are not confidential and may be shared with the Member State allegedly granting the State aid.

☐Yes ☐No

If no, please identify the confidential part(s) of any documents, explain the reason why you consider it to be confidential and provide a non-confidential version of the document.

Please note that the information contained in points 5 and 6 of this form cannot be designated as confidential.

In the absence of any indication about confidentiality of certain documents or information, those elements will be treated as non-confidential and may be shared with the Member State allegedly granting the State aid.

I hereby declare that all the information in this form and annexes is provided in good faith.

Place, date and signature of complainant

’

ANNEX IV

‘ANNEX V

FORM FOR THE SUBMISSION OF INTERNAL REVIEW REQUESTS FOLLOWING THE AARHUS COMPLIANCE COMMITTEE FINDINGS IN CASE ACCC/C/2015/128 ³¹⁵

The mandatory fields are marked with a star (*).

1. INFORMATION ON THE NON-GOVERNMENTAL ORGANISATION SUBMITTING THE REQUEST*

Non-governmental organisation*:

First name (person representing the non-governmental organisation)*:

Surname*:

Address line 1*:

Address line 2:

Town/City*:

County/State/Province:

Postcode*:

Country*:

Telephone:

Mobile telephone:

Email address*:

I am submitting the request on behalf of another non-governmental organisation, namely …

☐Yes ☐No

• Note: If a joint request concerning the same State aid decision and State aid measure is made by several non-governmental organisations, include in this form the contact details of all non-governmental organisations.

If a single contact point is designated, please provide the details of the single contact point.*

Single contact point, if applicable: …

First name*:

Surname*:

Address line 1*:

Address line 2:

Town/City*:

County/State/Province:

Postcode*:

Country*:

Telephone:

Mobile telephone:

Email address*:

2. LAWYER SUBMITTING THE REQUEST ON BEHALF OF ONE OR SEVERAL NON-GOVERNMENTAL ORGANISATION(S)*

I am submitting the request on behalf of one or several non-governmental organisation(s)*

☐Yes ☐No

If yes, please provide the following information:

Name of the non-governmental organisation(s) you represent*:

Registration nr. of the entity/ies:

Address line 1*:

Address line 2:

Town/City*:

County/State/Province:

Postcode*:

Country*:

Telephone 1:

Telephone 2:

Email address*:

Please attach proof that the representative is authorised to act on behalf of the non-governmental organisation(s). If a non-governmental organisation is represented by a lawyer, the request must include documents and data proving that the lawyer is authorised to practise before a court of a Member State. This may include a certificate issued by a bar association in a Member State or any other document to the same effect following national practice. The lawyer must also provide a power-of-attorney evidencing that they are entitled to represent their client.*

3. CONFIDENTIALITY*

For the person filing the request on behalf of the non-governmental organisation*:

• ☐ Yes, you may reveal my identity

• ☐ No, you may not reveal my identity

Confidentiality: If you do not wish your identity to be disclosed, please indicate this clearly.

The request will be published on the Commission’s website. The request will be shared with the Member State granting the State aid for their possible comments and may be also shared with other public authorities.

4. ELIGIBILITY REQUIREMENTS*

4.1.   Legal status of the non-governmental organisation*

Is your non-governmental organisation established as legal entity in accordance with the laws and regulations of an EU Member State?

☐Yes ☐No

In the affirmative, please indicate where this is registered (specifying the page and article/paragraph): …

4.2.   ‘Not-for-profit’ status of your organisation

*

Is your non-governmental organisation a ‘not-for-profit’ organisation? Please provide evidence to that effect.

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.3   Independent status of your organisation*:

Is your non-governmental organisation an independent organisation?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.4   Primary objective: promoting environmental protection in the context of environmental law*

Does your non-governmental organisation have as its primary objective the promotion of environmental protection in the context of environmental law?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.5   Duration of the organisation and active pursuance of the objective under 4.4 above:*

Has your non-governmental organisation been operational and actively pursued the objective mentioned in 4.4 above for over two years?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words).

4.6   Organisation’s objective and subject matter of the request for internal review*

What is the subject matter of your request? … (maximum 250 words).

Is the subject of your requested internal review covered by your organisation’s objective and activities?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words).

5. GROUNDS OF REQUEST*

Please indicate for which Commission State aid decision and measure you are requesting an internal review. If possible, please indicate the recitals in the State aid decision which form the basis of your request.

Please indicate the specific provision(s) of Union environmental law that are alleged to have been breached by the activity that received aid and/or by any aspects of the State aid measure. Please explain why they are indissolubly linked to the objective of the aid and/or the aided activity ³¹⁶.

Please note that an internal review can only be requested for final State aid decisions closing a formal investigation procedure under Article 108(2) of the Treaty, in accordance with Article 9(3) and (4) of Council Regulation (EU) 2015/1589, having as legal basis Article 107(3), point (a), first part (aid to promote the execution of an important project of common European interest) of point (b), points (c), (d) and (e) of the Treaty, Article 93 of the Treaty, Article 106(2) of the Treaty.

Please provide relevant and structured information and documentation supporting each ground of your request and specify which part of the information and documentation submitted refers to each ground.

Please also indicate whether you initiated any action at national level (administrative or judicial) and if so, the state of play.

Please put forward facts and legal arguments for each of those grounds.

… (maximum 9 000 words)

6. SUPPORTING DOCUMENTS

7. LANGUAGE WAIVER

To speed up the processing of the request for internal review, the Commission strongly encourages the use of the language waiver below, dated and signed by the non-governmental organisation.

‘The undersigned, representing the requesting non-governmental organisation lodging the request for an internal review of [specify the number and the title of the State aid decision], agrees exceptionally to waive their rights deriving from Article 342 of the Treaty in conjunction with Article 3 of Regulation (EC) No 1/1958 and to have the Commission's reply adopted and notified under Article 297 of the Treaty in the English language only’.

8. PERSONAL DATA PROTECTION ³¹⁷

• ☐ I understand that this request for review can be published on the Commission website, with all personal data redacted.

• ☐ I opt out of the publication of my postal address on the Commission website.

• ☐ I opt out of the publication of my name on the Commission website.

• ☐ I opt out of revealing my identity to third parties.

The Commission will process your personal data in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies. You can find more information in the applicable privacy statement.

I hereby declare that all information in this form and annexes is provided in good faith.

Place, date and signature of the requester

’

ELI: http://data.europa.eu/eli/reg_impl/2025/905/oj

ISSN 1977-0677 (electronic edition)