The European Commission announced on July 24, 2026, a public consultation regarding new guidelines for state aid focused on the rescue and restructuring of non-financial enterprises in distress. This consultation will end on September 4, 2026.

Key proposed changes include the inclusion of the steel sector within the scope of the guidelines, allowing member states more flexibility to support struggling steel companies undergoing appropriate restructuring. Additionally, certain types of innovative startups would be exempt from the solvency test under the definition of 'enterprise in difficulty', recognizing that initial accumulated losses are common for such startups and do not necessarily indicate an immediate risk of failure.

Furthermore, the inclusion of certain types of hybrid financial instruments in the assessment of equity will provide greater flexibility in defining 'enterprise in difficulty', enabling a better evaluation of the actual risk of failure.

This public consultation follows a call for evidence and an initial public consultation that began in August 2025. The revised guidelines for rescue and restructuring are expected to be adopted by the end of 2026, prior to the expiration of the current guidelines on December 31, 2026.

Providers of aid and scheme operators will be invited by the aid coordinator to submit their comments on the proposed new guidelines for rescue and restructuring.