EASPD calls for stronger State aid rules to support employment of people with disabilities

EASPD has submitted its contribution to the European Commission’s public consultation on the draft revision of the General Block Exemption Regulation (GBER). The GBER is a key element of EU State aid law that allows Member States to provide support to companies and organisations employing people with disabilities.
Why this matters for EASPD members?
Despite progress in recent years, employment outcomes for people with disabilities remain significantly lower than for the general population in the EU. Only half of people with disabilities are currently employed compared with roughly three-quarters of people without disabilities.
Many EASPD members run employment services with the support of GBER or other State aid mechanisms. To learn more about how different State aid mechanisms are used by service providers, we invite you to read EASPD’s study from 2023.
GBER is one of the mechanisms that supports the employment of people with disabilities by providing public support for wages, training and assistance, reasonable accommodation, transportation, rehabilitation, and infrastructure improvements. Currently, if this support does not exceed €10 million per year, public authorities do not need to notify the European Commission in advance – a process that can be complex and time-consuming.
Well-designed State aid rules help ensure that employers offering inclusive employment opportunities can compete on a level playing field with other companies on the market. EASPD is convinced that GBER is helpful in this, but it can be improved to better support the employers of people with disabilities, despite their size, location, or administrative status.
EASPD’s key messages
While welcoming several positive elements in the draft revision, EASPD identified several issues of how GBER can better support the employment of people with disabilities. With the support of several members, we have put together key demands to the Commission:
- Clarifying employment models, namely sheltered and supported employment, to align them with the existing practices and international standards and to avoid further legal uncertainty and an overly “conservative” use of these rules;
- Ensuring adequate aid intensities (or maximum subsidy rates) that reflect the real costs and specific economic nature of entities employing persons with disabilities;
- Increasing notification thresholds (ceiling beyond which aid must be pre-approved by the EU) to reflect the inflation rate, but also so that organisations employing persons with disabilities are not discouraged from expanding employment opportunities because of their size alone;
- Better recognition of non-profit organisations, which are particularly relevant for disability care services.
Part of a broader EU policy process
This consultation is part of the European Commission’s ongoing review of EU State aid rules. It gathers feedback from stakeholders on how the rules should be updated. EASPD participated in the previous consultation on GBER, and our position can be found here.
The feedback from this consultation will help the Commission prepare an updated proposal. The new rules are expected to be adopted late this year and will start applying right away, guiding how Member States can use State aid under the GBER.
By improving the elements outlined above, EU State aid rules can better support EASPD members who provide employment support for people with disabilities as well as respect EU’s commitments under the United Nations Convention on the Rights of Persons with Disabilities and the European Pillar of Social Rights.