The European Commission has concluded that the public funding awarded to three Flemish land management associations between 2003 and 2017 does not constitute State aid.
In June 2024, the Commission opened an in-depth investigation to assess whether the public funding to the three associations constituted State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union. This followed a complaint by the Flemish Association for Equal Rights in relation to Nature Management (Vlaamse Vereniging Gelijkberechtiging Natuurbeheer), alleging that the Flemish Region and Flemish municipalities granted unlawful State aid to three land management associations.
Between 2003 and 2017, Natuurpunt Beheer, Durme and Limburgs Landschap received public funding for the acquisition of land suitable for nature conservation in Flanders, which was subsequently landscaped, transformed into and managed as nature reserves. All three beneficiaries are not-for-profit organisations.
Following the in-depth investigation, the Commission concluded that, as nature conservation and information, and education activities are not economic activities, public funding awarded in their support does not constitute State aid. As regards the secondary activities of the land management associations, the Commission concluded that activities such as wood cutting or hay and meat production were inseparably linked to nature conservation and therefore not economic, so not subject to State aid rules. Other activities, such as cafeteria services or book sales, were conducted on a limited scale and only on local markets. As such, they were not liable to have an effect on trade, which means they do not constitute State aid.
The non-confidential version of the decision will be made available under the case number SA.36303 in the State aid register on the Commission’s competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the Competition Weekly e-News.
