Briefing on the GBER

The revised General Block Exemption Regulation (GBER), approved on 9 March 2023 and applicable until the end of 2026, allows EU Member States to grant State aid for green transition projects without prior European Commission notification if specific conditions are met. While it introduces new support for clean mobility, biodiversity restoration, and renewable energy communities, it also maintains loopholes for fossil gas through high-efficiency cogeneration, gas-fired district heating, and carbon capture, use and storage (CCUS). The regulation significantly raises financial notification thresholds and aid intensity rates to accelerate the Green Deal Industrial Plan, though it lacks an explicit 'energy efficiency first' principle and faces criticism for poor transparency in aid reporting.

• The revised GBER, approved on 9 March 2023, will apply until the end of 2026 and enables EU Member States to grant State aid without prior notification to the European Commission, provided the aid meets specific conditions.
• The regulation has been updated to align with the EU Green Deal and the Green Deal Industrial Plan, introducing new aid categories for clean mobility, hydrogen, carbon capture and storage (CCUS), biodiversity protection or restoration, and resource efficiency for the circular economy.
• Financial notification thresholds have been significantly increased, often doubling for categories like renewable energy or district heating/cooling, which reduces the number of formal notifications required by the Commission.
• The GBER continues to allow support for fossil gas activities, including high-efficiency cogeneration, gas-fired district heating and cooling networks, and gas infrastructure that is 'hydrogen-ready'.
• Support for hydrogen is primarily focused on renewable hydrogen, but the regulation allows for the transport of any type of hydrogen, including unabated hydrogen, through supported infrastructure.
• The regulation explicitly recognizes and provides a support framework for renewable energy communities (REC), allowing projects up to 6MW (or 18MW for wind) to benefit from the GBER.
• ClientEarth identifies several shortcomings in the revised GBER, including the lack of an 'energy efficiency first' principle, weak standards for CCUS, and poor compliance by Member States regarding the transparency of aid awards exceeding EUR 100,000.

APA

ClientEarth (2023). Briefing on the GBER. https://www.clientearth.org/media/xmhcr2y2/clientearth-legal-briefing-on-the-general-block-exemption-regulation-2023.pdf

Chicago

ClientEarth. Briefing on the GBER. 2023. https://www.clientearth.org/media/xmhcr2y2/clientearth-legal-briefing-on-the-general-block-exemption-regulation-2023.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Briefing on the GBER |date=May 2023 |url=https://www.clientearth.org/media/xmhcr2y2/clientearth-legal-briefing-on-the-general-block-exemption-regulation-2023.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2023briefing, author = {{ClientEarth}}, title = {{Briefing on the GBER}}, institution = {ClientEarth}, year = {2023}, month = may, url = {https://www.clientearth.org/media/xmhcr2y2/clientearth-legal-briefing-on-the-general-block-exemption-regulation-2023.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }