Germany is being allowed by the European Commission to continue to give energy tax incentives to 65 sectors under the renewable energy tax rules. There has been a long discussion as to whether the measures constitute illegal state aid under EU rules, and the decision by the Commission is a compromise as it reduces the number of companies benefiting under the tax concession to 1,600. Companies with the highest energy use will pay 15% of the tax, capped at 0.5% of value added. Those businesses that are excluded from the approved list of companies will pay 20%. Of these, energy intensive firms may still apply to the European Commission for permission to pay the 15% rate.