Letter

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMPETITION The Director-General Brussels, 27 August 2025 COMP/ LMC comp(2025)9398031 PERMANENT REPRESENTATION, AUSTRIA PERMANENT REPRESENTATION, BELGIUM PERMANENT REPRESENTATION, BULGARIA PERMANENT REPRESENTATION, CROATIA PERMANENT REPRESENTATION, CYPRUS PERMANENT REPRESENTATION, CZECH REPUBLIC PERMANENT REPRESENTATION, DENMARK PERMANENT REPRESENTATION, ESTONIAN REPUBLIC PERMANENT REPRESENTATION, FINLAND PERMANENT REPRESENTATION, FRANCE PERMANENT REPRESENTATION, GERMANY PERMANENT REPRESENTATION, GREECE PERMANENT REPRESENTATION, REPUBLIC OF HUNGARY PERMANENT REPRESENTATION, IRELAND PERMANENT REPRESENTATION, ITALY PERMANENT REPRESENTATION, LATVIAN REPUBLIC PERMANENT REPRESENTATION, REPUBLIC OF LITHUANIA PERMANENT REPRESENTATION, LUXEMBOURG PERMANENT REPRESENTATION, MALTA PERMANENT REPRESENTATION, THE NETHERLANDS PERMANENT REPRESENTATION, POLAND PERMANENT REPRESENTATION, PORTUGAL PERMANENT REPRESENTATION, ROMANIA PERMANENT REPRESENTATION, SPAIN PERMANENT REPRESENTATION, SLOVAK REPUBLIC PERMANENT REPRESENTATION, SLOVENIAN REPUBLIC PERMANENT REPRESENTATION, SWEDEN Subject: HT.4404 - Implementation and Review R&R Guidelines 2014 Dear Madam, dear Sir, The Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (“R&R Guidelines” or “the Guidelines”) currently in use have been adopted in 20141 with a validity until 31 December 2020. In 2020, all the Guidelines were subject to a Fitness Check, which concluded that adaptation to the R&R Guidelines may be needed in the medium term, regarding specifically the definition of an undertaking in difficulty (1) Communication from the Commission — Guidelines on State aid for rescuing and restructuring non- financial undertakings in difficulty, OJ C 249, 31.7.2014, p. 1. Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 (“UiD”). In this context, the validity of the Guidelines was extended first until 31 December 2023 and later until 31 December 2025. The Commission has launched the review process of the Guidelines, which will extend beyond the expiry of the validity of the Guidelines on 31 December 2025. It is necessary to prolong the applicability of the Guidelines to avoid a legal vacuum after their current expiry and to have the necessary time margins to complete the review and to implement the changes that may eventually be retained. This would also give the time to the stakeholders to take them into account in view of future aid notifications. In the light of the above, the Commission seeks your views on a proposal of extension of the validity of the current Guidelines without change of rules for a period of one year (i.e. until 31 December 2026). The proposed change would mean that, point 135 of the Guidelines would be replaced by the following: ‘135. The Commission will apply these guidelines with effect from 1 August 2014 until 31 December 2026’. We would be grateful to receive the replies of your national authorities on the draft proposal by date 09/09/2025 at 12:00 Brussels time. Please provide your comments in writing to [email protected]. We would like to thank you in advance for your feedback. Yours faithfully, Electronically signed Linsey McCALLUM Acting Director-General p.o. Guillaume LORIOT 2