32It follows that the 2014 Guidelines are not capable of imposing independent obligations on the Member States, but do no more than establish conditions, designed to ensure that aid for renewable energy is compatible with the internal market, which the Commission must take into account, in accordance with the case-law referred to in paragraphs 29 to 31 above, in the exercise of the discretion that it enjoys under Article 107(3)(b)TFEU. Accordingly, as the Advocate General observed, in essence, in point 33 of his Opinion, the Commission acts within the framework of that discretion by declaring compatible with the internal market an aid scheme in respect of which the requirement of an incentive effect is met otherwise than by submission of the aid application before the start of the work.
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