Legalize / European Union / Regulation

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC)No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

Type Regulation

Publication 2004-04-30

Last updated 2025-08-13

State In force

Department European Commission

Source EUR-Lex

articles 15

Reform history JSON API

9.5. If the answer to point 9.4 is yes, please explain how the national authorities will apply the requirements concerning the measures to limit distortions of competition in order to limit the negative systematic impacts for the region:

10. Other information

Please provide any other information that would be of relevance to assess the notified aid measure under the Guidelines (e.g. as regards measures to increase employability of redundant workers or assistance with finding new employment):

PART III.4

Supplementary Information Sheet on aid for films and other audiovisual works

This supplementary information sheet must be used for notifications of aid covered by the Commission Communication on State aid for films and other audiovisual works ([^E0168])

1. Characteristics of the notified aid measure(s)

1.1. Please describe as accurately as possible the purpose of the aid, where appropriate, for each measure:

1.2. Please describe the scope of each measure, in terms of:

1.2.1. the type of activities covered (e.g. development, production, distribution):

1.2.2. the type of works covered (e.g. cinematographic works, television series, transmedia projects):

1.3. If the aid scheme includes a support measure for transmedia projects, do the aided activities directly relate to the film production component of the work?


□yes	□no

1.4. Please indicate what provisions exist to guarantee the cultural objective of the aid:

2. Conditions for eligibility

2.1. Please indicate the conditions for eligibility of activities or works under the planned aid measure:

2.2. Please indicate the conditions for eligibility of beneficiaries under the planned aid measure:

— Does the scheme differentiate on grounds of nationality or place of residence?

— Are beneficiaries obliged to fulfil any conditions other than that of being represented by a permanent agency at the moment of the payment of the aid? — If the aid has a tax component, must the beneficiary fulfil any obligations or conditions other than that of having taxable revenue in the territory of the Member State? — Other conditions:

3. Territorial spending obligations

3.1. Please indicate whether the measure includes provisions requiring the producer to spend the production budget, or parts of it, in the territory of the Member State or in one of its subdivisions:

3.1.1. In order to be eligible for aid?


□yes	□no

3.1.2. As a condition attached to the granting of the aid?


□yes	□no

3.2. Do the conditions of territorial spending apply to certain specific items of the production budget?

3.3. If it is necessary to comply with a minimum degree of territorial spending in order to be eligible for the aid, please describe the nature of the requirements:

3.3.1. Of implicit nature (e.g. a minimum number of days shooting the production in the territory):

3.3.2. Of explicit nature (e.g. a minimum amount or percentage of expenditure):

3.4. In case there are territorial conditions attached to the granting of the aid, please explain:

3.4.1. Is the aid calculated as a percentage of territorial expenditure?

3.4.2. Is the required territorial spending calculated with regard to the overall budget of the film?

3.4.3. Is the required territorial spending calculated with regard to the amount of aid granted?

4. Eligible costs

Please specify the costs which may be taken into account to determine the amount of aid.

5. Aid intensity

5.1. Please indicate whether the scheme allows for aid intensities exceeding 50 % of the production budget? If so, please clarify the types of works concerned and the aid intensity limits set.

…

5.2. If the concept of ‘difficult audiovisual works’ is used, please indicate the categories of works covered by this concept (that is to say, please indicate the definition used).

5.3. If scriptwriting or development is aided under the scheme: are the costs of scriptwriting and development included in the production budget and taken into account for calculating the aid intensity of the audiovisual work?

5.4. If distribution and promotion activities are supported under the scheme: what are the aid intensities allowed under the scheme?

6. Film heritage

If applicable, please provide information on the measures taken with regard to film heritage.

7. Compatibility

7.1. Please provide a reasoned justification in support of compatibility of the aid in the light of the principles set out in the Commission Communication on State aid for films and other audiovisual works.

7.2. If the scheme concerns aid to cinemas, please provide a reasoned justification in support of the compatibility of the aid as aid to promote culture within the meaning of Article 107(3)(d) TFEU, in particular the necessity, adequacy and proportionality of the aid.

8. Other Information

Please indicate here any other information you consider relevant to the assessment of the measure(s) concerned under the Communication on State aid for films and other audiovisual works.

PART III.5.A

SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR TAKE-UP MEASURES

This supplementary information sheet should be used for notifications of aid for take-up measures deployment covered by the Commission Guidelines on State aid for broadband networks ([^E0169]) (‘Broadband Guidelines’).

1.GENERAL INFORMATION

1.1.Please provide a detailed description of the aid measure and of its objectives.

1.2.Please explain why, in your view, the aid measure amounts to State aid ([^E0170]).

1.3.Please indicate whether the aid measure consists of:

□ Social vouchers ([^E0171])

□ Connectivity vouchers ([^E0172])

1.4.Please explain how the aid measure fits with the national broadband strategy and the Union digital policy and environmental objectives ([^E0173]).

1.5.Please explain whether the reason justifying the aid measure is ([^E0174]):

□ Economic impact of the cost of subscribing to broadband services. If so, please provide details. …

□ Lack of awareness of the benefits brought by the subscription to broadband services. If so, please provide details. …

□ Other reasons. If so, please provide details. …

1.6.Please explain the context of the aid measure (for example, current level of coverage of broadband networks in the Member State, current level of take-up of broadband services), indicating the sources of information provided.

1.7.Please confirm that all speeds mentioned in this notification are deemed to mean speeds under peak-time conditions ([^E0175]).

□Yes □No

1.8.If available, please submit the following documents and provide a description of their content.

□ Impact assessment of the aid measure …

□ Ex post evaluation plans of similar predecessor schemes …

□ Counterfactual analysis demonstrating that the measure has positive effects compared to what would have happened without the aid …

2.SOCIAL VOUCHERS

2.1.Please identify the particular categories of individual consumers targeted by the aid measure, specifying the financial circumstances that justify the granting of aid for social reasons (for example, low-income families, students, pupils, etc.) and the objective criteria used to identify eligible consumers ([^E0176]).

2.2.Please provide an estimate of the number of consumers that could benefit from the aid measure.

2.3.Please identify the eligible service providers.

2.4.Please indicate the eligible services covered by the aid measure (for example, in terms of download speed, upload speed, etc.) and explain how your authorities identified such services.

2.5.Please specify how the vouchers will be used and provide specific details ([^E0177]):

□ Subscribe to new broadband services. Details: …

□ Retain existing subscriptions. Details: …

□ Others. Details: …

2.6.Please list the eligible costs covered by the aid measure ([^E0178]).

2.7.Please indicate the maximum duration of the voucher (if any).

2.8.Please indicate form and amount of the vouchers, specifying how such amount has been set and the percentage of the cost of subscription covered by the voucher.

2.9.Please explain if and how the aid measure complies with the principle of technological neutrality ([^E0179]).

2.10.To demonstrate that the aid measure ensures equal treatment of all possible service providers and offer consumers the widest possible choice of suppliers ([^E0180]), please confirm (providing relevant details) that ([^E0181]):

(a) An online registry of all eligible service providers (or an equivalent alternative platform) will be implemented. …

(b) Consumers are free to consult the registry. …

(c) All undertakings capable of providing the eligible broadband services may request to be included in the registry (or in the alternative platform chosen). …

(d) The registry (or the alternative platform chosen) provides additional information to assist consumers (for example, type of services provided by different undertakings, etc.). If so, please indicate the additional information provided. …

2.11.Please explain in detail the implementing procedure of the aid measure.

2.12.Public consultation ([^E0182]). Please provide the following information:

(a) Start and end date of each public consultation carried-out. …

(b) Content of each public consultation. …

(d) A recap of the main observations submitted by contributors in each public consultation, specifying how they were addressed. …

2.13.Please indicate whether additional safeguards to avoid possible misuse of social vouchers will be implemented. If so, please provide details ([^E0183]).

2.14.Please indicate whether the aid measure provides for specific rules concerning the management of the subscription, with regard, inter alia, to early termination of the subscription, possibility to migrate the subscription to another provider during the period covered by the voucher (if so, under which conditions), continuation of the subscription after the expiry of the voucher. If so, please provide details.

3.CONNECTIVITY VOUCHERS

3.1.Please indicate the type of end-users targeted by the measure.

□ Consumers

□ Businesses

3.2.Please explain the eligibility conditions for end-users to get connectivity vouchers.

3.3.Please provide an estimate of the number of end-users that could benefit from the aid measure.

3.4.Please identify the eligible service providers.

3.5.Please indicate the eligible services covered by the aid measure (for example, in terms of download speed, upload speed, etc.) and explain how your authorities identified such services. In this regard, please indicate end-users’ needs capable of being addressed by connections providing the eligible services, submitting verifiable supporting evidence thereof (for example, consumer surveys, independent studies) ([^E0184]).

3.6.Please specify how the vouchers will be used and provide specific details Moreover, please confirm that the vouchers cannot be used for retaining existing subscriptions ([^E0185]).

□ Subscribe to new broadband services. Details: …

□ Upgrade existing subscriptions. Details: …

□ Confirmation that the vouchers cannot be used for retaining existing subscriptions. Details: …

3.7.Please list the eligible costs covered by the aid measure ([^E0186]).

3.8.Please indicate form and amount of vouchers, specifying how such amount has been set and the percentage of the costs of subscription covered by the voucher) ([^E0187]).

3.9.Please explain if and how the aid measure complies with the principle of technological neutrality ([^E0188]).

3.10.To demonstrate that the aid measure ensures equal treatment of all possible service providers and offer consumers the widest possible choice of suppliers, please confirm (providing relevant details) that ([^E0189]):

(a) An online registry of all eligible service providers (or an equivalent alternative platform) will be implemented. …

(b) Consumers are free to consult the registry. …

(c) All undertakings capable of providing the eligible broadband services may request to be included in the registry (or in the alternative platform chosen). …

(d) The registry (or the alternative platform chosen) provides additional information to assist consumers (for example, type of services provided by different undertakings, etc.). If so, please indicate the additional information provided. …

3.11.Please explain in detail the implementing procedure of the aid measure.

3.12.Public consultation. Please provide the following information ([^E0190]):

(a) Start and end date of each public consultation carried-out. …

(b) Content of each public consultation. …

(d) A recap of the main observations submitted by contributors in each public consultation, specifying how they were addressed. …

3.13.Please indicate whether additional safeguards to avoid possible misuse of connectivity vouchers will be implemented. If so, please provide details ([^E0191]).

3.14.Please indicate whether the aid measure provides for specific rules concerning the management of the subscription, with regard, inter alia, to early termination of the subscription, possibility to migrate the subscription to another provider during the period covered by the voucher (if so, under which conditions), continuation of the subscription after the expiry of the voucher. If so, please provide details.

3.15.Please identify the economic activities that will be facilitated by the aid measure through the increase of connectivity and the access to performant broadband services, and explain how the development of those activities is supported ([^E0192]).

3.16.Please provide evidence for the incentive effect of the aid measure ([^E0193]).

3.17.Please confirm that the aid measure, the conditions attached to it (including its financing method where that method forms an integral part of the aid) or the activity it finances do not entail any violation of provisions or general principles of Union law.

□Yes □No. In this case, please provide explanations.

3.18.Please explain why alternative measures to State aid (for example, administrative and regulatory measures, market-based instruments, loans, tax measures) are not capable of addressing the objective(s) of the aid measure ([^E0194]).

3.19.Please submit a market assessment containing: (i) an assessment of the risk that the aid measure gives a disproportionate advantage – at the retail and/or at the wholesale level – to some providers to the detriment of others, possibly reinforcing (local) market dominance; (ii) an assessment of the actual need to implement a connectivity voucher by comparing the situation in the intervention area(s) with the situation in other areas of the Member State or the Union; (iii) an analysis of the trends in take-up of eligible services by end-users ([^E0195]).

3.20.Please indicate if any of the eligible provider of broadband services is vertically integrated and has a retail market share above 25 %.

□Yes □No.

3.21.In case the answer to the previous question is positive, please confirm that any vertically integrated provider of broadband services which has a retail market share above 25 %, will offer, on the corresponding wholesale access market, wholesale access products on the basis of which any access seeker will be able to provide the eligible services under open, transparent and non-discriminatory conditions.

□Yes □No

3.22.Please indicate the duration of the aid measure and the period of validity of the vouchers for individual end-user ([^E0196]).

3.23.Please explain what potential negative effects on competition and trade the aid measure may have and what elements in the design of the measure could minimize those risks.

4.OTHER INFORMATION (APPLICABLE TO BOTH SOCIAL AND CONNECTIVITY VOUCHERS)

4.1.Please explain the role played by the NRA in the design, implementation and monitoring of the aid measure.

4.2.Please report the opinion of the NRA on the aid measure (if available).

4.3.Please report the opinion of the National Competition Authority on the aid measure (if available).

4.4.Transparency.

(a) Please confirm that the Member State will publish (i) the full text of the decision approving the aid measure and its implementing provisions (or a link to them), and (ii) information on each individual aid award exceeding EUR 100 000 , in accordance with Annex II ([^E0197]) (within 6 months from the date of award of the aid or, for aid in the form of tax advantages, within 1 year from the date that the tax declaration is due) ([^E0198]),
□ In the Commission’s transparency award module ([^E0199]).
□ On a comprehensive State aid website (providing the relevant web address). In this case, please specify whether it is national or regional website ([^E0200]) and easy access to the information registered in the aid website is allowed (i.e., the general public must be allowed to access the website without restrictions) ([^E0201]). …

(b) Please confirm that the information under point 4.4 will be available for at least 10 years from the date on which the aid was granted, will be published in a non-proprietary spreadsheet data format, which allows data to be effectively searched, extracted, downloaded and easily published on the internet (for instance, in CSV or XML format). □Yes □No

(c) Please confirm that, for aid that is unlawful but subsequently found to be compatible, the relevant information is published on a State aid website (specifying the relevant web address) within 6 months from the date of the Commission’s decision declaring the aid compatible ([^E0202]). □Yes □No

4.5.Reporting. Please confirm that your authorities will submit to the Commission (i) annual reports in respect of each measure approved under the Broadband Guidelines, and (ii) a report every two years containing key information on the aid measure approved under the Broadband Guidelines, in accordance with Annex III to the same Broadband Guidelines ([^E0203]).

4.6.Monitoring. Please confirm that your authorities will maintain – for 10 years from the date of award of the aid – detailed records regarding all aid measures, which contain all information necessary to establish that all the compatibility conditions set out in the Broadband Guidelines are fulfilled, and that it commits to provide them to the Commission upon request ([^E0204]).

4.7.Please indicate whether the aid measure is considered for ex post evaluation plan.

□ No. Please explain why you consider the criteria for ex post evaluation plan not to be fulfilled. …

□ Yes. If so, please indicate according to which criteria the aid measure is considered for ex post evaluation and provide the relevant information on the ex post evaluation plan described in section 8 of the Broadband Guidelines. …

4.8.Please indicate any other information relevant for the assessment of the aid measure under the Broadband Guidelines or any other information that is relevant from the point of view of Union competition and internal market rules.

4.9.Please indicate whether this supplementary information sheet contains confidential information which should not be disclosed to third parties ([^E0205]).

□ Yes. If so, please indicate the confidential information and provide reasons for confidentiality.

□ No.

4.10.Please confirm that the aid measure is not covered by Article 52c of Regulation (EU) No 651/2014 ([^E0206]) or by Regulation (EU) 2023/2831 ([^E0207]).

□Yes □No

PART III.5.B

SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR THE DEPLOYMENT OF BROADBAND NETWORK

This supplementary information sheet should be used for notifications of aid for the deployment of broadband networks covered by the Commission Guidelines on State aid for broadband networks ([^E0208]) (‘Broadband Guidelines’).

1.GENERAL INFORMATION

1.1.Please provide a detailed description of the aid measure and of its objectives.

1.2.Please identify the type of broadband network ([^E0209]) supported by the aid measure.

□ deployment of fixed access networks ([^E0210]). If so, please specify the type of areas targeted by the aid measure.
□ White ([^E0211])
□ Grey ([^E0212])
□ Mixed (white and grey) ([^E0213])
□ Black ([^E0214])

□ deployment of mobile access networks ([^E0215]).
□ 4G
□ 5G
□ other

□ deployment of backhaul networks ([^E0216]).
□ only backhaul
□ backhaul linked to the deployment of an access network ([^E0217])

1.3.Please explain how the aid measure fits with the national broadband strategy and the Union digital policy and environmental objectives ([^E0218]).

1.4.Please confirm that all speeds mentioned in this notification are deemed to mean speeds under peak-time conditions ([^E0219]).

□Yes □No

1.5.Please indicate the time horizon ([^E0220]) of the aid measure and how it has been determined.

1.6.Please indicate the investment model through which the aid measure is implemented.

□ Gap funding ([^E0221])

□ Support in kind ([^E0222])

□ Direct investment ([^E0223])

□ Concessionaire ([^E0224])

□ Other. If so, please provide details. …

2.FACILITATION OF THE DEVELOPMENT OF AN ECONOMIC ACTIVITY

2.1.Please identify the economic activities that will be facilitated by the aid measure and explain how the development of those activities is supported ([^E0225]).

2.2.Please confirm that the aid measure, the conditions attached to it (including its financing method where that method forms an integral part of the aid) or the activity it finances do not entail any violation of provisions or general principles of Union law ([^E0226]).

□Yes □No. In this case, please provide explanations …

3.POSITIVE EFFECTS OF THE AID

3.1.Please describe whether and, if so, how the aid measure will bring about positive effects (for example, in terms of reduction of digital divide ([^E0227]), correction of social or regional inequalities, equity, sustainability goals ([^E0228]), lower prices and better choice for end-users, higher quality and innovation, completion of the Digital Single Market ([^E0229])) ([^E0230]).

4.MARKET FAILURE AS REGARDS FIXED ACCESS NETWORKS

4.1.Please indicate the performance in terms of download speed (and, if applicable, of upload speed and other parameters) that the subsidised networks will have to provide ([^E0231]).

4.2.Please indicate end-users’ current and future needs capable of being addressed by fixed networks providing the performance mentioned at point 4.1 (and not by the existing fixed networks), submitting verifiable supporting evidence thereof (for example, consumer surveys, independent studies) ([^E0232]).

4.3. Mapping exercise ([^E0233]). Please provide the following information.

(a) Performance of the existing and planned (in the relevant time horizon) networks that have been mapped (for example, download speed, upload speed, latency, packet loss, packet error, jitter, service availability) ([^E0234]). …

(b) How future investment plans in the relevant time horizon of the aid measure have been assessed to establish their credibility ([^E0235]). Inter alia, please indicate: …
(i) The evidence requested to, and submitted by, the relevant stakeholders to demonstrate the credibility of their investment plans ([^E0236]). …
(ii) The assessment criteria applied to assess the credibility of future investment plans ([^E0237]). …
(iii) Whether the stakeholders concerned were invited to sign commitment agreements regarding the implementation of the declared investment plans ([^E0238]). □Yes □No If yes, please clarify whether such commitment agreements include milestones and obligations to report progress ([^E0239]). …
(iv) Whether the results of the assessment and the relative justified conclusions were communicated to all stakeholders who submitted information about their private investment plans (and how) ([^E0240])^. …

(d) Number and identity of contributors to each step of the mapping exercise. …

(e) Intermediate results and final results of the mapping exercise. …

(f) Confirmation that the mapping exercise has been carried out ([^E0241]):
□ for fixed wired networks, at address level on the basis of premises passed ([^E0242]).
□ for fixed wireless networks, at address level on the basis of premises passed or on the basis of a maximum 100 x 100 metre (or smaller) grids. Please specify which of the two criteria was applied: …

(g) Confirmation that the mapping exercise also mapped existing networks that could be upgraded with marginal investments (such as an upgrade of the active components) to provide 1 Gbps download and 150 Mbps upload speeds and that such areas have been carved out from the intervention area ([^E0243]). □Yes □No

(h) Whether your authorities complied with the best practices for applying the mapping methodologies described in Annex I of the Broadband Guidelines ([^E0244]).
□ Yes
□ No. In this case, please specify in which respects your authorities deviated from Annex I of the Broadband Guidelines and for what reason. …

(i) Confirmation that the methodology and the underlying technical criteria for mapping have been made publicly available (and how) ([^E0245]). …

4.4.If the aid measure targets areas in which at least two independent networks providing at least 100 Mbps download speed under peak time conditions are present or credibly planned ([^E0246]), please clarify if:

(a) None of the existing or credibly planned networks provide a download speed of at least 300 Mbps under peak-time conditions ([^E0247]). □Yes □No

(b) At least one of the existing or credibly planned networks provides a download speed of at least 300 Mbps under peak-time conditions but does not provide a download speed of at least 500 Mbps under peak-time conditions ([^E0248]). □Yes □No If yes, please clarify why your authorities are of the view that no networks will evolve towards providing the same download speed (and, if appropriate, the same additional features) of the networks subsidised under the aid measure and, therefore, State intervention is needed to address a market failure ([^E0249]). …

(c) At least one of the existing or credibly planned networks provides a download speed of at least 500 Mbps ([^E0250]). □Yes □No

4.5. Public consultation. Please provide the following information:

(a) Start and end date of each public consultation carried-out ([^E0251]). …

(b) Content of each public consultation ([^E0252]). …

(c) Publicly accessible Internet site (at regional and national level) where the consultation was published ([^E0253]). …

(d) A recap of the main observations submitted by contributors in each public consultation, specifying how they were addressed. …

4.6.Please indicate the final scope of the aid measure in terms of the size of the intervention area and its population density.

5.MARKET FAILURE AS REGARDS MOBILE ACCESS NETWORKS

5.1.Please indicate the performance in terms of download speed (and, if applicable, of upload speed and other parameters) that the subsidised networks will have to provide ([^E0254]).

5.2.Please indicate end-users’ current and future needs capable of being addressed by mobile networks providing the performance mentioned at point 5.1 (and not by the existing mobile networks), submitting verifiable supporting evidence thereof (for example, consumer surveys, independent surveys) ([^E0255]).

5.3.Please confirm that the aid measure cannot be used for the fulfilment of any legal obligations (for example, obligations linked to the rights to use spectrum) ([^E0256]).

5.4.Please indicate whether the aid measure targets areas where there is already at least one existing or credibly planned mobile network ([^E0257]) capable of addressing identified end-users’ needs.

□Yes □No

If yes, please demonstrate (with the support of verifiable evidence): (a) why such network is considered insufficient to provide end-users with sufficient quality of services to satisfy their evolving needs; and (b) if and how the aid measure will provide such quality of services, thus bringing about a material improvement that the market cannot deliver ([^E0258]).

5.5. Mapping exercise ([^E0259]). Please provide the following information:

(a) The type (for example, 3G, 4G, 5G, 6G, others) of networks and their number available in the intervention area

(b) Performance criteria of the existing and planned (in the relevant time horizon) networks that have been mapped (for example, download speed, upload speed, latency, packet loss, packet error, jitter, service availability) ([^E0260]). …

(c) How future investment plans in the relevant time horizon of the aid measure have been assessed to establish their credibility. Inter alia, please indicate:
(i) The evidence requested to, and submitted by, the relevant stakeholders to demonstrate the credibility of their investment plans ([^E0261]). …
(ii) The assessment criteria applied to assess the credibility of future investment plans ([^E0262]). …
(iii) Whether the stakeholders concerned were invited to sign commitment agreements regarding the implementation of the declared investment plans ([^E0263]). □Yes □No If yes, please clarify whether such commitment agreements include milestones and obligations to report progress ([^E0264]). …
(iv) Whether the results of the assessment and the relative justified conclusions were communicated to all stakeholders who submitted information about their private investment plans, and how ([^E0265]). …

(d) Start and end date of each step of the mapping exercise. …

(e) Number and identity of contributors to each step of the mapping exercise. …

(f) Intermediate results and final results of the mapping exercise. …

(g) Confirmation that the mapping exercise has been carried out at address level on the basis of premises passed or on the basis of a maximum 100 x 100 metre (or smaller) grids ([^E0266]). Please specify which of the two criteria was applied. …

(h) Whether your authorities complied with the best practices for applying the mapping methodologies described in Annex I of the Broadband Guidelines ([^E0267]).
□ Yes
□ No. In this case, please specify in which respects the your authorities deviated from Annex I of the Broadband Guidelines and for what reason. …

(i) Confirmation that the methodology and the underlying technical criteria for mapping have been made publicly available (and how) ([^E0268]). …

5.6. Public consultation. Please provide the following information:

(a) Start and end date of each public consultation carried-out ([^E0269]). …

(b) Content of each public consultation ([^E0270]). …

(c) Publicly accessible Internet site (at regional and national level) where the consultation was published ([^E0271]). …

(d) A recap of the main observations submitted by contributors in each public consultation, specifying how they were addressed. …

6.MARKET FAILURE AS REGARDS BACKHAUL NETWORKS

6.1.Please clarify whether the subsidised backhaul networks support:

□ Fixed access networks

□ Mobile access networks

□ Both of them

6.2.Please indicate the technical characteristics of the subsidised backhaul networks, including their desired level of performance, reliability, capacity or dimensioning ([^E0272]).

6.3.Please explain the expected development of fixed or mobile access networks based on current and future end-users’ needs and why the existing or planned backhaul capacity cannot cope with such expected development, submitting verifiable supporting evidence thereof (for example, independent surveys) ([^E0273]).

6.4.Please clarify whether State intervention is considered necessary, because existing backhaul networks provide a suboptimal combination of service quality and prices ([^E0274]).

6.5. Mapping exercise ([^E0275]). Please provide the following information:

(a) Whether the existing or planned backhaul networks are based:
□ Fibre
□ other technology with the same performance of fibre
□ other technologies without the same performance of fibre

(b) Performance criteria of the existing or planned (in the relevant time horizon) backhaul networks that have been mapped. …

(c) How future investment plans in the relevant time horizon of the aid measure have been assessed to establish their credibility. Inter alia, please indicate:
(i) The evidence requested to, and submitted by, the relevant stakeholders to demonstrate the credibility of their investment plans ([^E0276]). …
(ii) The assessment criteria applied to assess the credibility of future investment plans ([^E0277]). …
(iii) Whether the stakeholders concerned were invited to sign commitment agreements regarding the implementation of the declared investment plans ([^E0278]). □Yes □No If yes, please clarify whether such commitment agreements include milestones and obligations to report progress ([^E0279]). …
(iv) Whether the results of the assessment and the relative justified conclusions were communicated to all stakeholders who submitted information about their private investment plans (and how) ([^E0280]). …

(d) Start and the end date of each step of the mapping exercise. …

(e) Number and identity of contributors to each step of the mapping exercise. …

(f) Intermediate results and final results of the mapping exercise. …

(g) Confirmation that the methodology and the underlying technical criteria for mapping have been made publicly available (and how) ([^E0281]). …

6.6. Public consultation. Please provide the following information:

(a) Start and end date of each public consultation carried-out ([^E0282]). …

(b) Content of each public consultation ([^E0283]). …

(c) Publicly accessible Internet site (at regional and national level) where the consultation was published ([^E0284]). …

(d) A recap of the main observations submitted by contributors in each public consultation, specifying how they were addressed. …

7.APPROPRIATENESS OF THE AID AS A POLICY INSTRUMENT

7.1.Please explain why alternative, less distortive measures to State aid (for example, administrative measures, regulatory measures, market-based instruments, loans, tax measures, etc.) are not capable of addressing the objective(s) of the aid measure and the identified market failure ([^E0285]).

7.2. Step-change ([^E0286]).

(a) For an aid measure concerning fixed access networks, please provide the following information:
(i) If the State intervention concerns white or grey areas, please indicate whether the subsidised networks at least triple the download speed provided by existing network(s), and represents a significant new infrastructure investment bringing significant new capabilities to the market (for example, in terms of availability, capacity, speeds and competition) ([^E0287]). …
(ii) If the State intervention concerns mixed (i.e., white and grey) areas, please state reasons why the dissociation of white and grey areas is not justified ([^E0288]). … Moreover, please confirm that the following cumulative conditions are fulfilled ([^E0289]):
— The overbuilding of the grey areas ([^E0290]) does not create undue distortions of competition, based on the results of a public consultation.
— The overbuilding is limited to maximum 10 % of all premises in the target area.
— The subsidised networks at least triple the download speed provided by network(s) already existing in the white part of the mixed area, and provide substantially better services than the ones available in the grey part of the mixed area. …
(iii) If the State intervention concerns black areas, please confirm that the subsidised networks fulfil the following cumulative conditions ([^E0291]):
— They at least triple the download speed provided by the existing networks.
— They provide a download speed of at least 1 Gbps and an upload speed of at least 150 Mbps.
— They represent a significant new infrastructure investment bringing significant new capabilities to the market (for example, in terms of availability, capacity, speeds and competition). …

(b) For aid measure concerning mobile access networks, please explain if and how the aid measure will ensure an improvement of mobile services’ availability, capacity, speeds and competition capable of fostering the adoption of new innovative services ([^E0292]). …

(c) For aid measure concerning backhaul networks, please explain if and how, as a result of the State intervention, the subsidised networks represent a significant investment in backhaul infrastructure and adequately support the increasing needs of fixed and/or mobile access networks ([^E0293]). …

8.PROPORTIONALITY OF THE AID

8.1. Competitive selection procedure.

(a) Please indicate whether the aid is granted on the basis of an open, transparent and non-discriminatory competitive selection procedure, in line with the principles of public procurement ([^E0294]). □Yes □No

(b) If yes:
(i) Please explain if and how the design of the competitive selection procedure is capable of fostering the widest possible participation ([^E0295]). …
(ii) Please confirm that, if the number of participants to the competitive selection procedure or the number of eligible bids is not sufficient, an independent auditor will be entrusted with the assessment of the winning bid (including cost calculations) ([^E0296]). …
(iii) Please confirm that the tender will be awarded on the basis of the most economically advantageous offer ([^E0297]) and provide details in this regard. …
(iv) Please indicate the objective, transparent and non-discriminatory award criteria and specify the relative weighting of each criterion ([^E0298]). …

(c) If no, please confirm that the State intervention is implemented through a direct investment model and provide adequate justification of the choice of network and of the technological solution adopted ([^E0299]). …

(d) Please confirm that any concession or other entrustment by a public authority or in-house entity to a third party to design, build or operate the subsidised network is allocated through an open, transparent and non-discriminatory competitive selection procedure, in line with the principles of public procurement, based on the most economically advantageous offer ([^E0300]). Please provide details in this regard. …

8.2. Technological neutrality. Please explain if and how the aid measure complies with the principle of technological neutrality ([^E0301]).

8.3. Use of existing infrastructure. Please provide the following information:

(a) Whether and, if so, how undertakings willing to participate in a competitive selection procedure are encouraged to use available existing infrastructures to deploy the subsidised networks ([^E0302]). …

(b) Whether and, if so, how undertakings willing to participate in a competitive selection procedure are encouraged to provide detailed information on the existing infrastructures that they own or control in the planned intervention area in due time to be taken into account when preparing the bids, specifying the type of information requested ([^E0303]). …

(c) Whether the provision of that information is a condition for participation in the selection procedure ([^E0304]). □Yes □No

(d) Whether and, if so, how all available information on existing infrastructure that could be used for rolling out broadband networks in the intervention areas are made accessible, specifying whether a Single Information Point has been set up pursuant to Article 4(2) of Directive 2014/61/EU ([^E0305]). …

8.4. Wholesale access for third parties to the subsidised networks.

(a) General information.
(i) Please confirm that wholesale access will be granted as early as possible before starting to provide the relevant services and, where the network operator also intends to provide retail services, at least 6 months before the launch of those retail services ([^E0306]). …
(ii) Please confirm that the subsidised networks will offer access under fair and non-discriminatory conditions, specifying whether this implies the upgrade and/or increase of the capacity of existing infrastructure, where necessary, and the deployment of sufficient new infrastructure ([^E0307]). Please provide details in this regard. …
(iii) Please confirm that the terms, conditions and prices for the wholesale access products will be indicated in the documents of the competitive selection procedure and on a comprehensive website, at national or regional level, accessible to the general public without any restrictions (specifying the relevant web address) ([^E0308]). …
(iv) Please confirm that wholesale access will also be granted to parts of the network that have not been State funded or that may not have been deployed by the aid beneficiary if necessary to render the wholesale access effective and to enable access seekers to provide their services ([^E0309]). …

(b) Wholesale access terms and conditions.
(i) Please indicate for how many years effective wholesale access will be granted to:
□ Active products (except VULA) ([^E0310]) …
□ VULA ([^E0311]) …
□ New infrastructures ([^E0312]) …
(ii) Please confirm that, if State aid is granted for new infrastructure, the infrastructure will be large enough to meet access seekers’ current and evolving demand ([^E0313]). □Yes □No
(iii) Please explain how the new infrastructure will be able to meet access seekers’ current and evolving demand (for example, size of the ducts, number of fibres, etc.). …
(iv) Please confirm that the same access conditions apply to the entire subsidised network, including the parts of the network where existing infrastructure has been used ([^E0314]). □Yes □No
(v) Please confirm that the access obligations will be enforced irrespective of any change in ownership, management or operation of the subsidised network ([^E0315]). □Yes □No
(vi) Please explain whether the aid beneficiary and/or access seekers linked to the aid beneficiary are permitted to extend their networks into adjacent areas outside the target area using their own resources ([^E0316]). □Yes □No If yes, please confirm that:
— In the public consultation it was indicated that private extensions were permitted at a later stage and useful information regarding the potential coverage of such extensions was provided ([^E0317]). □Yes □No
— The results of the public consultation do not show evidence of risks of significant distortions of competition ([^E0318]). □Yes □No
— Please confirm that extensions into adjacent areas may only be carried out 2 years after the subsidised network enters into operation, where one of the following situations occurs ([^E0319]): — in the public consultation, stakeholders demonstrate that the planned extension would risk entering an adjacent area which is already served by at least two independent networks providing speeds comparable to those of the State-funded network; or — there is at least one network in the adjacent area providing speeds comparable to those of the subsidised network which entered into operation less than 5 years before the subsidised network enters into operation ([^E0320]). □Yes □No …

(c) Wholesale access products.
(i) Fixed access networks deployed in white areas. Please list the wholesale access products that the subsidised network must provide, taking into account that it must provide at least bitstream access, access to dark fibre and access to infrastructure (including street cabinets, poles, masts, towers, and ducts) ([^E0321]) and, in addition, at least physical unbundling or VULA ([^E0322]). …
(ii) Fixed access networks deployed in grey and black areas. Please list the wholesale access products that the subsidised network must provide, taking into account that it must provide at least bitstream access, access to dark fibre and access to infrastructure (including street cabinets, poles, masts, towers, and ducts) and, in addition, physical unbundling ([^E0323]). If your authorities intend to grant a derogation from the obligation to provide physical unbundling, please provide relevant justifications, demonstrate that the derogation does not risk unduly distorting competition and indicate the comments received in this regard in the public consultation (and how they were addressed) ([^E0324]). …
(iii) Mobile access networks. Please list the wholesale access products that the subsidised network must provide, taking into account that it must provide at least roaming ([^E0325]) and access to poles, masts, towers and ducts. Moreover, please confirm that the subsidised network will have to provide the access products necessary to exploit the more advanced features (for example, MORAN, MOCN, network slicing ([^E0326])) of mobile networks, such as 5G and future generations of mobile networks, as soon as they become available ([^E0327]). …
(iv) Backhaul networks. Please list the wholesale access products that the subsidised network must provide, taking into account that it must provide at least one active service and access to poles, masts, towers, ducts and dark fibre ([^E0328]). Moreover, please confirm that the aid measure foresees the deployment of sufficient capacity for new infrastructure to ensure effective access under fair and non-discriminatory conditions ([^E0329]). …
(v) Wholesale access on the basis of reasonable demand. Should your authorities intend to limit the provision of certain wholesale access products to cases of reasonable demand from an access seeker, please:
— provide well-reasoned, objective and verifiable data and arguments (including cost calculations) proving that the provision of such products would disproportionately increase investment costs without delivering significant benefits in terms of increased competition ([^E0330]).
— confirm that the access seeker’s demand is considered reasonable if the access seeker provides a business plan that justifies the development of the product on the subsidised network and no comparable access product is already offered in the same geographic area by another undertaking at equivalent prices to those in more densely populated areas ([^E0331]). □Yes □No
— confirm that, if an access request is considered reasonable, the additional cost of meeting the access request must be borne by the aid beneficiary ([^E0332]). □Yes □No …

(d) Wholesale access pricing. Please indicate on which of the following benchmarks and pricing principles the wholesale access price for each product is based:
□ average published wholesale prices that prevail in other comparable and more competitive areas of the Member State ([^E0333]).
□ regulated prices already set or approved by the National Regulatory Authority (NRA) for the markets and services concerned ([^E0334]).
□ costs orientation or a methodology mandated in accordance with the sectoral regulatory framework ([^E0335]).

8.5. Clawback. Please indicate whether a claw-back mechanism will be applied to the aid measure:

□Yes ([^E0336]) □No

If not, please explain why: …

If yes, please provide the following information:

(a) Please confirm that the clawback mechanism will be applied for the lifespan of the subsidised network ([^E0337]). □Yes □No

(b) Please confirm that the rules of the clawback mechanism are set out transparently and clearly in the competitive selection procedure’s documentation ([^E0338]). Please provide details in this regard. …

(c) Please explain how the design of clawback mechanism will consider and balance two objectives, namely the recovery by the Member State of the amounts that exceed a reasonable profit and the safeguard of incentives for undertakings to participate in a competitive selection procedure and to strive for cost efficiencies (efficiency gains) when rolling out the network ([^E0339]). In this regard, please specify the criteria adopted to incentivise efficiency gains. …

(d) Please indicate the maximum incentive amount (in percentage of the reasonable profit allowed ([^E0340])). Moreover, please specify the notion of reasonable profit applied for the purposes of the clawback mechanism ([^E0341]). …

(e) Please confirm that any extra profit equal or below the threshold below (i.e., the reasonable profit increased by the incentive amount) will not be clawed-back by the Member State, whereas any profit in excess of the threshold will be shared between the aid beneficiary and the Member State, on the basis of the aid intensity resulting from the outcome of the competitive selection procedure ([^E0342]). Please provide details in this regard. …

(f) Please confirm that the clawback mechanism takes into account also profits made from other transactions concerning the subsidised network ([^E0343]). □Yes □No

8.6. Accounting separation. Please confirm that the aid beneficiary must ensure accounting separation so that the costs for deployment and operation, as well as the revenues from the exploitation of the subsidised network are clearly identified ([^E0344]).

□Yes □No

9.ROLE OF THE NATIONAL AUTHORITIES

9.1.Please explain the role played by the NRA in the design, implementation and monitoring of the aid measure ([^E0345]). Inter alia, please clarify whether it was involved on:

□ Mapping exercise ([^E0346]). If so, please provide details: …

□ Assessment of private investment plans ([^E0347]). If so, please provide details: …

□ Public consultation ([^E0348]). If so, please provide details: …

□ Assessment of the fulfilment of the step change requirements ([^E0349]). If so, please provide details: …

□ Definition of wholesale access products, conditions and pricing ([^E0350]). If so, please provide details: …

□ Resolution of disputes related to wholesale access ([^E0351]). If so, please provide details: …

□ Existing infrastructures subject to ex ante regulation ([^E0352]). If so, please provide details: …

□ Definition of the clawback mechanism. If so, please provide details: …

9.2.Please provide the opinion of the NRA on the aid measure ([^E0353]) (if available).

9.3.Please indicate whether the NRA issued guidelines on, among others, carrying out market analysis and definitions of wholesale access products and pricing. If so, please provide the content of the guidelines and clarify whether they take into account the relevant regulatory framework and recommendations issued by the Commission ([^E0354]).

9.4.Please provide the opinion of the National Competition Authority on the aid measure ([^E0355]) (if available).

9.5.Please indicate whether the Broadband Competence Office has been involved in the design of the aid measure ([^E0356]).

10.TRANSPARENCY, REPORTING AND MONITORING OF THE AID

10.1. Transparency.

(a) Please confirm that your authorities will publish (i) the full text of the decision approving the aid measure and its implementing provisions (or a link to them), and (ii) information on each individual aid award exceeding EUR 100 000 , in accordance with Annex II ([^E0357]) (within 6 months from the date of award of the aid or, for aid in the form of tax advantages, within 1 year from the date that the tax declaration is due) ([^E0358]),
□ In the Commission’s transparency award module ([^E0359]).
□ On a comprehensive State aid website (providing the relevant web address). In this case, please specify whether it is national or regional website ([^E0360]) and easy access to the information registered in the aid website is allowed (i.e., the general public must be allowed to access the website without restrictions) ([^E0361]). …

(b) Please confirm that the information under point 10.1. will be available for at least 10 years from the date on which the aid was granted, will be published in a non-proprietary spreadsheet data format, which allows data to be effectively searched, extracted, downloaded and easily published on the internet (for instance, in CSV or XML format). □Yes □No

(c) Please confirm that, for aid that is unlawful but subsequently found to be compatible, the relevant information is published on a State aid website (specifying the relevant web address) within 6 months from the date of the Commission’s decision declaring the aid compatible ([^E0362]). □Yes □No

10.2. Reporting. Please confirm that your authorities will submit to the Commission (i) annual reports in respect of each measure approved under the Broadband Guidelines, and (ii) a report every two years containing key information on the aid measure approved under the Broadband Guidelines, in accordance with Annex III to the same Broadband Guidelines ([^E0363]).

10.3. Monitoring. Please confirm that your authorities will maintain – for 10 years from the date of award of the aid – detailed records regarding all aid measures, which contain all information necessary to establish that all the compatibility conditions set out in the Broadband Guidelines are fulfilled, and that it commits to provide them to the Commission upon request ([^E0364]).

11.NEGATIVE EFFECTS ON COMPETITION AND TRADE

11.1.Please explain what potential negative effects on competition and trade the aid measure may have (for example, potential to cause crowding out of private investments ([^E0365]) or reinforcement of a dominant position) and what elements in the design of the measure could minimize those risks ([^E0366]).

PART III.6.A

Supplementary Information Sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) for measures covered in Section 4.1 of the CEEAG.

This supplementary information sheet concerns measures covered in section 4.1 of the CEEAG. If the notification includes measures that are covered by more than one section of the CEEAG, please once available also fill in the respective supplementary information sheet that concerns the respective section of the CEEAG.

All documents provided by Member States as annexes to this supplementary information sheet must be numbered and document numbers must be indicated in the relevant sections of this supplementary information sheet.

Section A: Summary of the main characteristics of the notified measure(s)

1.Background and objective(s) of the notified measure(s).

1.1.If not already discussed under section 5.2 of the General Information Form (Part. I), please provide the background and the main objective, including any Union targets for reduction and removal of greenhouse gas emissions that the measure is intended to support.

1.2.Please indicate any other objectives pursued by the measure. For any objectives that are not purely environmental, please explain whether they may result in any distortions to the internal market.

1. Entry into force and duration:

2.1.To the extent not already provided under section 5.5 of the General Information Form (Part I), please indicate the date as of which the aid scheme is planned to enter into force;

2.2.Please indicate the duration of the scheme. ([^E0367])

1. Beneficiary(ies)

3.1.If not already provided under section 3 of the General Information Form (Part I), please describe the (potential) beneficiary(ies) of the measure(s).

3.2.Please indicate the location of the (potential) beneficiary(ies) (i.e. if only economic entities located in the respective Member States or also in other Member States are eligible to participate in the measure).

3.3.In order to assess the compliance with point 15 of the CEEAG, please specify if aid is granted under the measure(s) in favour of an undertaking (individual or part of a scheme) that is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market.

In the affirmative, please provide information on the amount of aid still to be recovered so that the Commission takes account of it in the assessment of the aid measure(s).

4.Please confirm that the measure(s) does not involve aid to activities falling outside the scope of application of the ceeag (see point 13 of the ceeag). otherwise, please provide details.

1. Budget and financing of the measure(s).

5.1.If not already mentioned in the table under section 7.1 of the General Information Form (Part I), please provide the yearly and/or total budget for the whole duration of the measure(s); if the total budget is not known (for instance because it depends on the results of tenders), please indicate an estimated budget, including the assumptions used to calculate the respective estimated budget. ([^E0368])

5.2.If the measure is financed through a levy, please clarify if:

(a) the levy is set by law or any other legislative act; in the affirmative, please provide the legal act, number and date when adopted and entered into force, the internet link to the legal act; …

(b) the levy is imposed equally on domestic and imported products; …

(d) the levy finances fully the measure or only partly. If the levy finances only partly the measure, indicate the other sources of financing of the measure and their respective proportion; …

(e) the levy financing the notified measure also finances other aid measures. If so, indicate the other aid measures financed by the concerned levy. …

Section B: Compatibility assessment of the aid

1.POSITIVE CONDITION: THE AID MUST FACILITATE THE DEVELOPMENT OF AN ECONOMIC ACTIVITY

1.1. Contribution to the development of an economic activity

To provide the information in this section, please refer to section 3.1.1 (points 23-25) and sections 4.1.1. (point 77) and 4.1.2. (points 78 to-88) of the CEEAG.

6.Article 107(3), point (c), of the Treaty on the Functioning of the European Union (‘the Treaty’) provides that the Commission may declare compatible ‘aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest’. Therefore, compatible aid under that provision of the Treaty must contribute to the development of a certain economic activity.

In order to assess the compliance with point 23 of the CEEAG, please identify the economic activities that will be facilitated as a result of the aid and how the development of those activities is supported.

7.In order to assess the compliance with point 25 of the CEEAG, please ‘describe if and how the aid will contribute to the achievement of objectives of Union climate policy, environmental policy and energy policy and more specifically, the expected benefits of the aid in terms of its material contribution to environmental protection, including climate change mitigation, or the efficient functioning of the internal energy market’.

8.In addition, please highlight to what extent the aid relates to the policies described under point 77 of the CEEAG.

9.Please describe the eligibility requirements applicable to the beneficiary(ies) (for instance by including any technical, environmental (i.e. permits), financial (i.e. collaterals) or other requirements that the beneficiary(ies) need to comply with).

10.Please provide information on the precise scope and precise supported activities of the aid measure(s), as provided in section 4.1.2. (points 78-88) of the CEEAG.

(a) For aid for renewable energy, please specify if all types of renewable energy are supported and describe the precise scope for each concerned renewable energy source and provide information showing that the scope corresponds to the types of renewable energy fulfilling the conditions provided in points 79-82 of the CEAAG. …

(b) For other aid for the reduction and removal of greenhouse gas emissions and energy efficiency, please provide the precise scope as well as the information showing that the scope fulfils the conditions provided in points 83-88 of the CEEAG.

1.2. Incentive effect

To provide the information in this section, please refer to section 3.1.2 (points 26-32) of the CEEAG.

11.Aid can be considered as facilitating an economic activity only if it has an incentive effect. In order to assess the compliance with point 26 of the CEEAG, please explain how the measure(s) ‘induces the beneficiary to change its behaviour, to engage in additional economic activity or in more environmentally-friendly economic activity, which it would not carry out without the aid or would carry out in a restricted or different manner’.

12.Pursuant to point 28 of the CEEAG, please provide a comprehensive description of the factual scenario expected to result from the aid measure and the likely counterfactual scenario(s) absent the aid measure. ([^E0369]) Where you expect that different categories of beneficiaries may be supported, please ensure that the counterfactual is credible for each of these categories.

13.Please briefly explain the rationale for the choice of the likely counterfactual scenario(s), in view of the proposed different categories of beneficiaries if applicable.

(a) Where aid is granted without a competitive bidding process, please justify the change of behaviour where relevant for each category of beneficiary, based on the respective reference project, the corresponding counterfactuals and resulting funding gap in line with the quantification to be provided under question 21 below. … OR

(b) Where aid is granted based on a competitive bidding process, please justify the change of behaviour (where relevant for each category of beneficiary/ reference project) using the same evidence as required under (a) above, or alternatively provide relevant evidence based on other quantitative or qualitative evidence, including market studies, investor plans, financial reports, internal business plans, expert opinions, information about comparable projects in other regions, including bids made by similar projects in recent comparable competitive bidding processes. ([^E0370]) …

14.In order to assess the compliance with point 27 of the CEEAG, please provide information to confirm that the aid does not support the costs of an activity that the aid beneficiary would anyhow carry out and does not compensate for the normal business risk of an economic activity.

15.In order to demonstrate the compliance with points 29 and 31 of the CEEAG:

(a) Please confirm that the start of works on the project or activity did not take place prior to a written aid application by the beneficiary to the national authorities; … OR

(b) For projects that started before the aid application, please demonstrate that the project falls within one of the exceptional cases provided in point 31 of the CEEAG ((a), (b) or (c)). …

16.In order to demonstrate compliance with point 30 of the CEEAG, please confirm that the aid application includes at least the applicant’s name, a description of the project or activity, including its location, and the amount of aid needed to carry it out.

17.In order to demonstrate compliance with point 32 of the CEEAG, please indicate if there are Union standards ([^E0371]) applicable to the notified measure(s), mandatory national standards that are more stringent or ambitious than the corresponding Union standards, or mandatory national standards adopted in the absence of Union standards. In that context, please provide information to demonstrate the incentive effect.

18.In cases where the relevant Union standard has already been adopted but is not yet in force, please demonstrate that the aid has an incentive effect because it incentivises the investment to be implemented and finalised at least 18 months before the standard enters into force.

1.3. No breach of any relevant provision of Union law

To provide the information in this section, please refer to section 3.1.3 (point 33 of the CEEAG).

19.Please provide information to confirm the compliance with the relevant provisions of EU law, in line with point 33 of the CEEAG.

20.If a levy is used to finance the measure(s), please clarify if the assessment of compliance with Articles 30 and 110 of the Treaty needs to be carried out. In the affirmative, please demonstrate how the measure complies with the provisions of Articles 30 and 110 of the Treaty. In this context, the information submitted under question 5.2 above, where the notified measure(s) is financed through a levy can be referred to.

2.NEGATIVE CONDITION: THE AID CANNOT UNDULY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST

2.1. Minimisation of distortions of competition and trade

2.1.1. Quantification requirements depending on the design of the measure

Member States are required to submit quantitative evidence that is relevant for several parts of the sections below, in particular on the necessity and proportionality of aid. In order to simplify the provision of information, the relevant data required is grouped under this section of the notification form and should be referred to in the relevant sections below (see notably questions 30, 32, 39, 42, 43, and 56 below). The level of detail required depends on the specific measure proposed. The following sub-sections 2.1.1.1 to 2.1.1.3 are accordingly alternative: please only provide replies to the relevant sub-section, depending on the design of the proposed measure.

2.1.1.1.Schemes without competitive bidding or ad hoc aid notifications

Where aid will be granted without a competitive bidding procedure, quantitative evidence is required, taking into account the counterfactual situation as well as relevant costs and revenues including those linked to the ETS, demonstrating that the reference project, or each beneficiary’s project if the notified measure benefits only one or a particularly limited number of beneficiaries would not be carried out without the aid. In such situations, a full funding gap assessment will be required to quantify the required net extra costs. Therefore, please provide the following for such types of measures:

21.Pursuant to point 51 of the CEEAG, the typical net extra costs can be estimated as the difference between the NPV for the factual scenario and the counterfactual scenario over the lifetime of the project or per reference project where applicable. For this assessment, please submit a quantification, for the factual scenario and a realistic counterfactual scenario ([^E0372]) identified in reply to question 12 above, of all main costs and revenues, the estimated weighted average cost of capital (WACC) of the beneficiaries (or reference projects) to discount future cash flows, as well as the net present value (NPV) for the factual and counterfactual scenarios, over the lifetime of the project/reference project.

(a) Please provide this in an Annex to this notification form (using an Excel file where all formulas are visible).

(b) Please include detailed information on the assumptions, methodologies, rationale and underlying sources thereof, used for each aspect of the quantification of costs and revenues in the factual scenario and the likely counterfactual scenario (for instance please include the assumptions used to develop those scenarios and the source/rationale for these assumptions).

(c) You may also attach to this notification form the documents mentioned in footnote 39 of the CEEAG. Board documents may be particularly useful for individual aid measures or schemes benefitting a particularly limited number of beneficiaries. If such documents are attached to the notification form, please provide below a list of those documents, specifying the author, the date when they were drafted and the context when they were used.

22.If the notified measure(s) involves an aid scheme with a duration exceeding 3 years, please confirm that you will update, as required by point 92 of the CEEAG, the analysis of relevant costs and revenues of reference projects, to ensure that aid remains necessary for each category of beneficiary.

2.1.1.2.Schemes with competitive bidding open to all eligible beneficiaries

While point 49 of the CEEAG clarifies that a detailed assessment of net extra costs will not be required if the aid amounts are determined through a competitive bidding process, it needs to be shown also including quantitative evidence that the bidding process is actually competitive. Pursuant to the first sentence of point 104 of the CEEAG, the bidding process should, in principle, be open to all eligible beneficiaries to enable a cost-effective allocation of aid and reduce competition distortions, where this is the case, please explain the following:

23.Please explain the elements on which you based the assumption that the bidding process will be open and properly subscribed, i.e. that it can be expected that not all bidders will receive aid and that the number of expected bidders is sufficient to ensure effective competition for the duration of the scheme (point 49(c) of the CEEAG). In your explanation, please take into account the budget or volume of the scheme. Where relevant, please refer to the evidence provided in reply to questions 12 and 13 above.

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