Frequently Asked Questions

(FAQ): State Aid

Just Transition Fund (JTF)
2021

Revised: 3rd February 2021

Prepared by the Department of

the Environment, Climate and Communications
gov.ie
Just Transition Fund (JTF)
Frequently Asked Questions (FAQ): State Aid
Please note that this FAQ document is for advisory purposes only. It is not intended nor
does it purport to be legal advice from the Department of the Environment, Climate and
Communications.

For additional guidance, please also refer to two presentations on State Aid which provide
overviews of State Aid, the State Aid Costs Template and provides worked examples. Both
are available on the Just Transition gov.ie page.

Use of State aid for JTF

1 Can JTF aid be granted by reference to Article 107(3) TFEU

instead of GBER?
No, that is not possible. Aid that is granted by reference to a ground set out in Article 107(3)
of the Treaty on the Functioning of the European Union (“TFEU”) requires prior notification to
the European Commission (“Commission”) so that the Commission can decide whether or
not the measure in question is compatible with the TFEU. As a general rule, State aid must
be notified to and cleared by the Commission before it is granted. The Department of the
Environment, Climate and Communications (“DECC”) is relying on Commission Regulation
(EU) No 651/2014 (the “General Block Exemption Regulation” or “GBER”) which exempts
Member States from this notification obligation, as long as all the GBER criteria are fulfilled.
GBER simplifies the procedure for aid-granting authorities at national, regional and local
level.

2 Other measures such as the Rural Regeneration and

Development Fund and Regional Enterprise Development Fund
appear to take a different approach to the award of funding. Why
can’t the JTF use the same mechanisms to administer funding?
There are a number of ways in which State aid may be provided. GBER is the most regularly
used method to permit aid-granting authorities at national, regional and local level to provide
funding to third-party undertakings. As per the response to question 1, GBER exempts
Member States from having to notify, and seek the approval of, the Commission, so long as
all GBER criteria are fulfilled. DECC has therefore chosen to rely on GBER, which is used
for efficient provision of aid across the European Union for schemes similar to that of the
JTF. In an Irish context, organisations and funds such as the Sustainable Authority of Ireland
(the “SEAI”) and the Regional Enterprise Development Fund regularly rely on GBER for their
funding schemes.

3 Our request for funding relates to a proposed service in a market

where there is no competition. We do not believe there will be
any distortion of competition in such circumstances. How can
this trigger State aid?
The Commission Notice on the notion of State aid as referred to in Article 107(1) of the
Treaty on the Functioning of the European Union (C/2016/2946) (the “Commission
Notice”) provides helpful guidance on the interpretation of issues relating to the State aid.
The Commission Notice highlights how the “distortion of competition” criterion is
generally found to exist when the State grants a financial advantage to an undertaking in a
liberalised sector where there is or could be competition. As a general rule, State aid is
deemed to take place where an advantage arising from State resources is conferred on an
undertaking on a selective basis which strengthens the position of that beneficiary relative to
competitors and potential competitors. This means that although an applicant may be of the
view that no, or limited, competition exists, State aid rules apply in circumstances where
there could be a properly functioning market in the future.

4 Our application is a charity or “not for profit” organisation. Do

we fall within the rules on State aid?
Yes, a charity or “not for profit” organisation can be an undertaking for State aid purposes.
There is no strict definition of an “undertaking” in EU law but it is generally taken to be any
entity engaged in economic activity. The nature of the activities of the project are the
relevant factor. For example, the Commission Notice highlights how cultural attractions will
come under State aid rules where the attraction in question is predominantly financed by
visitor or user fees or by other commercial means. Even if an entity has charitable status, it
may still be considered an undertaking for the application of State aid rules. Engagement in
an economic activity is key. For example, the likes of private homeowners would not be
considered undertakings for the application of State aid rules but organisations providing
services to homeowners are engaged in an economic activity and would, therefore, be
undertakings. See State aid presentations on the Just Transition gov.ie page for more
information on the State aid criteria.

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5 Which criteria were used to identify our project as falling under
GBER?
The Department applied the below criteria to each project to determine if projects come
under State aid GBER. This approach is consistent with the guidance set by the Department
of Enterprise, Trade and Employment in relation to determining if State aid applies.
Questions 1 to 5 must all apply for State aid to be eligible:

Pre-Question: Is there an incentive effect

a) Transfer Of State Resources: State resources are the funds, rights and assets in the
control of central and local government (includes ESIF, Local Growth Fund, Tax rebates)

b) To An Undertaking: Any entity carrying out economic activities (includes public sector
organisations, charities). Certain activities, e.g. Defence, Maritime safety and other
national functions are outside scope. Individuals are not undertakings (unless sole
traders).

c) Selective: The aid is selective (i.e. only benefits a specific undertaking or a group of
undertakings or targets a particular location). General measures affect all equally (like a
public road or a general tax exemption).

d) Strengthens Position Of Beneficiary Relative To (Potential) Competitors And Potential To

Distort Competition.

e) An Effect Upon Trade Between Member States: a business trading in another Member
State could be affected.

See the State aid presentation on the Just Transition gov.ie page for more information in
relation to the State aid criteria.

GBER

6 Can our project be covered under a GBER article not mentioned

in the State Aid Template?
This is not possible. DECC has set out eleven GBER articles for applicants to choose from
and these provide a wide scope of different types of eligible costs. The scheme is based on
these eleven articles and they must therefore be relied upon by an applicant in completing
the State Aid Template (the “Template”).

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7 Our application was submitted on the basis of 85% funded from
JTF and the remaining 15% match funded by another
organisation. Do we base our eligible costs in the Template on
the 100% value or the 85% value of the project?
Match funding should be ignored for the purposes of calculating an applicant’s eligible costs
when completing the Template. It is not relevant to the specific analysis under GBER
whether beneficiaries of State aid have matched-funding for aspects of the project. The
focus should be on calculating eligible costs in full by reference to the relevant GBER articles
set out in the Template and which apply in the context of an applicant’s project. You should
base eligible costs on their full value (which may be higher than the actual amount sought
from the JTF). The match funding amounts and sources will be identified and evidenced in
the next stage of the process, the Verification Document. Please also note response to Q4
on VAT and Q7 on cumulation rules.

8 If an applicant’s project has been provisionally approved for

funding, can the applicant assume that the provisional
expenditure in its application form is deemed as qualifying
expenditure?
Unfortunately, this is not possible. As referenced to applicants at all stages of this process,
the provisional grant is subject to State aid rules being applied. Applicants will need to
determine which of the GBER articles set out in the Template should be applied in the
context of their project and determine the relevant eligible costs and maximum aid intensity.

9 Does Value Added Tax (“VAT”) apply to our eligible costs in the
Template?
GBER states that “all figures used shall be taken before any deduction of tax or other
charges.” Thus, where VAT applies and it is a real cost, in the sense that it cannot be
recovered, then it is part of the eligible costs and therefore eligible for support under GBER.
If VAT can be recovered by an applicant, however, it is not considered a real cost and
therefore should not be entered as an eligible cost under GBER.

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10 DECC has requested that we give our project’s final costs before
issuing a final offer. The costs included in our submission are
cost estimates, completed by a qualified engineer. We will only
know final costing once design and procurement procedures are
completed. Is this acceptable under GBER funding?
Yes, this is acceptable under GBER funding. GBER allows eligible costs to be calculated ex
ante on the basis of reasonable projections - this means that forecasting of the eligible costs
which are likely to arise over the course of the project must take place before the project
commences. Applicants will have certain reporting obligations to DECC following the JTF
grant being awarded and will include actual and forecasted spend. Note that disaggregated
costings and evidence of costings will be requested at verification stage.

11 Can aid intensity levels be increased by reference to items

outside of GBER?
Unfortunately, this is not permitted. GBER is a standalone legal framework to permit aid-
granting authorities at national, regional and local level to provide funding to third-party
undertakings. The aid intensity levels set out in the Template are the maximum permissible
limits in this instance.

12 Can you explain how the rules of cumulation work?

Aid for identifiable eligible costs exempted pursuant to GBER may be cumulated in two
scenarios.

Firstly, with any other State aid as long as those measures concern different identifiable
eligible costs. This means that if you are in receipt of separate State aid for, e.g., sports
infrastructure (Article 55) but you are seeking to rely on training aid (Article 31) for the JTF,
this aid can be cumulated with the other aid (within the respective aid intensity limits of the
two GBER articles etc.).

Secondly, JTF funding can be cumulated with any other State aid in relation to the same
eligible costs, partly or fully overlapping, but only if such cumulation does not result in an
applicant exceeding the highest aid intensity or aid amount applicable under GBER. In other
words, an applicant may rely on two alternative State funding sources for the same eligible
costs but only if this means the applicant does not exceed the highest aid intensity or aid
amount to which the applicant would be entitled under the relevant article of GBER.

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13 Can you provide an example to explain the rules of cumulation?
Worked example - funding through SEAI (€1,400,000 provided) and JTF (€1,000,000
sought) under Article 38 (Investment aid for energy efficiency):

First, work out the cost of the investment and whether there was a similar, less expensive,
energy efficient measure that could have been taken (i.e., the counterfactual). To find out the
eligible costs you subtract the cost for the less expensive energy efficient measure from the
total cost of the investment. If there is no such less expensive energy efficient measure, the
total investment costs will be total eligible costs available. In this example let’s say the
applicant is a large enterprise which means the maximum aid intensity rate allowed under
GBER would be 30%.

If an applicant is in receipt of SEAI funding, which was granted pursuant to Article 38 of

GBER, it will be necessary to ascertain whether the SEAI funding has exhausted the amount
now available to the project under Article 38 by reference to the eligible costs.

Let’s say the total eligible costs for the project are €5m and the maximum aid intensity
amount allowed is 30%, then relevant total will be determined by multiplying the eligible
costs by the applicable aid intensity rate: €5m x 30% = €1.5m. If an applicant is already in
receipt of SEAI funding, and the amount of such funding was €1.4m, the applicant will only
be able to claim funding through JTF up to a maximum amount of €100,000 (i.e., to meet the
relevant total of €1,500,000) rather than the requested amount of €1,000,000 so as not to
breach the rules of cumulation.

It is therefore important that applicants check the funding which it has or may receive from
other relevant State bodies/authorities to be used in the proposed project to determine
whether GBER is the legal basis for the provision of such funding. If GBER is the basis for
any separate award, applicants must consider whether the funding relates to the same or
different eligible costs in the context of their proposed project and take into account the rules
of cumulation.

14 Is De Minimis Aid applicable to my project?

Applicants may be able to rely on aid pursuant to Commission Regulation (EU) No
1407/2013 (the “De Minimis Regulation”). De Minimis aid allows State aid of up to
€200,000 to be granted to an undertaking over any three-year period (subject to certain
sector specific exemptions).

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Questions in relation to Specific Articles

15 Aspects of our project are in Kildare. Can we qualify for JTF

funding using Article 14 GBER considering that Kildare does not
appear to be one of the “specified areas” for regional aid under
that article?
Article 14 of GBER (Regional Investment Aid) states that regional investment aid shall be
granted in “assisted areas”. Kildare is not one of the “assisted areas” specified. To be
eligible for this type of aid under Article 14, the project activities must focus on assisted
areas which encompasses all of the counties covered by the JTF with the exception of
Kildare. However, projects, or elements thereof, that do not occur within an “assisted area”
can still qualify for aid pursuant to GBER if that project falls within one or more of the
remaining ten articles of GBER referenced in the Template.

16 Article 18 - is there a definition of consultancy services as it

applies to Article 18?
No definition of consultancy services is provided in GBER by reference to Article 18. The
consultancy services for aid for consultancy services under Article 18 must, however, be
provided by external consultants (as opposed to internal consultants) and must not involve a
“continuous or periodic activity nor relate to the undertaking’s usual operating costs, such as
routine tax consultancy services, regular legal services or advertising.”

17 Article 25 - what constitutes fundamental research under Article

25?
As defined in GBER, “fundamental research” means “experimental or theoretical work
undertaken primarily to acquire new knowledge of the underlying foundations of phenomena
and observable facts, without any direct commercial application or use in view.”

18 Article 31 - can you define the eligible costs within Article 31?
The eligible costs with respect to Article 31 are broken into four categories:

a) Trainers’ personnel costs, for the hours during which the trainers participate in the
training;

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 b) Trainers’ and trainees’ operating costs directly relating to the training project such as
travel expenses, accommodation, costs, materials and supplies directly related to the
project, depreciation of tools and equipment, to the extent that they are used
exclusively for the training project;

c) Costs of advisory services linked to the training project. The advisory services linked
to the training project may include consultancy fees for the preparation of the project;
and

d) Trainees’ personnel costs and general indirect costs (administrative costs, rent,
overheads) for the hours during which the trainees participate in the training.

Commission guidance in relation to training aid states that the purpose of this aid is to allow
for the support of training measures undertaken by enterprises with the purpose of
developing and updating the knowledge and skills of their workforce (e.g., management
trainings, language trainings etc.). For the purposes of clarity, the training in question must
be provided for the benefit of the applicant’s own workforce and not, in this context, to or for
the benefit of third parties.

It is important to be aware that mandatory training - such as health and safety training (Safe
Pass Training etc.) - is not covered under Article 31 due to the fact that such training would
have to be pursued anyway, even in the absence of such aid.

19 What is the period of time for calculating operating profit for

Articles 53, 55 or 56?
The relevant period of time for calculating operating profit, where relevant in the context of
an application, is the economic lifetime of the investment. An applicant must therefore
prepare a forecast calculating the operating profit for this period. This definition is a common
provision that applies to “operating profit” as mentioned throughout GBER (notably in Articles
53, 55 and 56).

As set out in the Template, Articles 53 and 55 (but not Article 56) allow an applicant to apply
for a maximum amount of aid at 80% of eligible costs for aid not exceeding €2 million. In
such circumstances, an applicant does not need to ascertain its operating profit.

20 Can you provide a worked example of how the rate of aid would
be calculated under Article 55?
In determining whether Article 55 is applicable, consider whether the project will result in
sport infrastructure or multifunctional recreational infrastructure. Determine whether the aid

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will be categorised as investment aid (i.e., investment in tangible assets such as land,
buildings, plant/machinery and investment in intangible assets) or operating aid (i.e., aid
aimed at reducing an undertaking’s expenditure/assisting the undertaking to continue
operating by covering some of the operating costs).

When the aid exceeds When the aid does not

€2 million exceed €2 million

Eligible costs for investment aid For investment aid, the For investment aid, the
eligible costs shall be the eligible costs shall be the
investment costs in the investment costs in the
assets assets.

Aid amount for investment aid The aid amount shall not 80% of eligible costs
exceed the difference
between the eligible
costs and the operating
profit of the investment

Eligible costs for operating aid The operating costs of The operating costs of the
the provision of services provision of services by the
by the infrastructure infrastructure

Aid amount for operating aid The aid amount shall not 80% of eligible costs
exceed the operating
losses over the relevant
period

”Operating profit” means the difference between the discounted revenues and the
discounted operating costs over the economic lifetime of the investment, where this
difference is positive. The operating costs include costs such as personnel costs, materials,
contracted services, communications, energy, maintenance, rent, administration, but exclude
depreciation charges and the costs of financing if these have been covered by investment
aid. Discounting revenues and operating costs using an appropriate discount rate allows a
reasonable profit to be made.

Worked Example:

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You determine that your project will result in sport infrastructure/multifunctional recreational
infrastructure and that the total costs of the project will be €145,000.

Out of these total costs, you deem that €74,000 of these costs comes under investment aid
and €10,000 comes under operating aid.

As the aid being granted does not exceed €2 million, 80% of the total eligible costs can be
awarded under GBER - €84,000 X 80% = €67,200

The eligible costs shall be Enter eligible Enter the Apply the
costs (€) applicable aid applicable aid
intensity rate(s) intensity rates
and enter totals
(€)

For investment aid the eligible costs shall be

a) the investment costs in €74,000 80% €59,200

tangible and intangible assets

For operating aid for sport infrastructure, the eligible costs shall be

€10,000 80% 8,000

b) the operating costs of the
provision of services by the
infrastructure. Those
operating costs include costs
such as personnel costs,
materials, contracted services,
communications, energy,
maintenance, rent,
administration, etc., but
exclude depreciation charges
and the costs of financing if
these have been covered by
investment aid.

Total: €67,200

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 21 Can you provide a worked example of how the rate of aid would
be calculated under Article 56? Please share the funding rates as
they pertain to Article 56.
In determining whether Article 56 is applicable, consider whether the project will result in
construction or upgrade of local infrastructures which concerns infrastructure that contribute
at a local level to improving the business and consumer environment and modernising and
developing the industrial base.

No specific aid intensity rate applies under Article 56. The eligible costs shall be the
investment costs in tangible and intangible assets and the aid amount shall not exceed the
difference between the eligible costs and the operating profit of the investment. The
operating profit shall be deducted from the eligible costs ex ante, i.e., on the basis of
reasonable projections, or through a claw-back mechanism.

“Operating profit” means the difference between the discounted revenues and the
discounted operating costs over the economic lifetime of the investment, where this
difference is positive. The operating costs include costs such as personnel costs, materials,
contracted services, communications, energy, maintenance, rent, administration, but exclude
depreciation charges and the costs of financing if these have been covered by investment
aid. Discounting revenues and operating costs using an appropriate discount rate allows a
reasonable profit to be made.

Worked Example:

You determine that your project will result in local infrastructure and that the total costs of the
project will be €145,000 comprised fully of investment costs. This means that eligible costs
will be €145,000.

You estimate that the operating profits based on forecasts will be €90,000. The total aid
allowed, therefore, will be €145,000 - €90,000 = €55,000

The eligible costs shall be Enter eligible Enter the Apply the
costs (€) applicable aid applicable aid
intensity rate(s) intensity rates
and enter totals
(€)

Investment costs in tangible €145,000 N/A €145,000

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and intangible assets.

Operating profit of the investment

€90,000 N/A -€90,000

Operating profit of the

investment

Total: €55,000

22 Article 56 – can consultancy costs/project management be listed

as costs under Article 56?

Article 56 relates to financing for the construction or upgrade of local infrastructures (i.e.,
infrastructure that contributes at a local level to improving the business and consumer
environment and modernising and developing the industrial base). Eligible costs for the
purposes of Article 56 are the investment costs in tangible and intangible assets.

All costs in this regard must be directly related and necessary to the construction or upgrade
of the infrastructure in question and such funding does not extend to preliminary or
preparatory studies or general consultancy costs (which may, however, be eligible costs
under alternative articles of GBER).

23 We are still unclear as to which article(s) our project falls under

and/or how to identify eligible costs, what do we do?
If after reviewing this FAQ document, the two State aid presentations and other materials
online (including the GBER Scheme document), you are unclear as to what to do, please
email [email protected] with your query. We will follow up and can arrange a call to discuss
further if useful.

General JTF Queries

24 Can we make changes to our original project proposal?

It is accepted that project costings may have changed since the JTF applications were
submitted in July 2020. Note that the total amount of funding sought cannot be greater than
the amount set out in the provisional letter of offer.

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In addition, having considered the State Aid Template, projects may wish to amend an
element of project delivery to better align with the eligible costs and to ensure that
cumulation rules are met.

Project changes are permissible in this regard but should not significantly change the project
which has been approved on the basis of the Application Form submitted. Where an aspect
of the project proposal has altered, this should be communicated to DECC when the Costs
Template is submitted. At Verification stage projects might be asked to provide an updated
Application Form which sets out the final project content.

25 How much funding can a project receive under the JTF?

The Just Transition Fund is offering funding of up to 85% of the total costs of a project, not
exceeding €1 million. Applicants are obligated to provide a minimum 15% match funding. All
project applicants were given a provisional funding amount in the provisional letter of offer.

26 Is the Department allowing for projects to change their

timelines?
Yes, projects can amend their original project timelines. However, funding may only be
granted up to December 31st 2023 as per the JTF terms and conditions. Further details will
be provided in the final Funding Agreement. Note that a draft Funding Agreement is
available for review on the gov.ie Just Transition page.

27 When does the Department intend to issue final contracts to

successful projects?
The State aid process is currently ongoing. After the State Aid Templates have been
submitted and reviewed, projects will be requested to complete a Verification Document and
provide supporting documentation and evidences. If this is approved, final letters of offer and
Funding Agreements will be issued.

28 Can Applicants start projects without final contracts being

agreed between them and the Department?
No, this is not possible. As stated in the provisional letter of offer, in order to remain eligible
for funding, work must not have commenced on the project, no work should have
commenced on foot of the provisional offer and no costs should be incurred in relation to the
project until a Funding Agreement is in place.

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29 Is it possible to hire specialised roles for a project before
contract signing stage?
No, this is not possible. Please see response to Q5 above.

30 Can the Department outline the reporting obligations for

projects?
Reporting obligation details will be contained in the Funding Agreement between grantees
and the Department. A draft Funding Agreement can be viewed on the gov.ie Just
Transition page.

31 What is the process for payments to successful projects?

Payment and details in relation to the drawdown process will be contained in the Funding
Agreement. A draft Funding Agreement can be viewed on the gov.ie Just Transition page.

32 Will claims be paid on a pre or post funding basis?

As stated in the Information Booklet, payments will be made over the course of the project
on the basis of milestones being achieved by the project organisations and on the basis of
submitting vouched expenses. Payment and details in relation to the drawdown process will
be contained in the Funding Agreement. A draft Funding Agreement can be viewed on the
gov.ie Just Transition page. Pre-funding can be provided to Lead Applicants in very
limited circumstances and on a case-by-case basis of up to 25%. Pre-funding will be
primarily considered for community and voluntary organisations and will only be approved
where a clear need has been identified and evidenced by the applicant. Requests should be
made through the Verification Document.

33 Can projects apply for pre-funding to assist with cash-flow at the

start of the project?
Pre-funding can be provided to Lead Applicants in very limited circumstances and on a case-
by-case basis of up to 25%. Pre-funding will be primarily considered for community and
voluntary organisations and will only be approved where a clear need has been identified
and evidenced by the applicant. Requests should be made through the Verification
Document.

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