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

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:

(a) 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. ([^E0392]) Where you expect that different categories of beneficiaries may be supported, please ensure that the counterfactual is credible for each of these categories. Please note that point 165 CEEAG requires the counterfactual scenario to be an investment with the same capacity, lifetime and, where appropriate, other relevant technical characteristics as the environmentally-friendly investment. Please note that points 165 to 169 CEEAG impose additional alternative requirements for the counterfactual:
(i) Where the counterfactual scenario consists in the acquisition or the leasing of less environmentally-friendly vehicles or mobile service equipment of the same category and the same capacity as the zero-emission or clean vehicle, please demonstrate that the less environmentally-friendly vehicle or equipment is at least compliant with Union standards, where applicable. …
(ii) Where the counterfactual scenario consists in maintaining the existing vehicle or mobile service equipment in operation for a period corresponding to the lifetime of the environmentally-friendly investment, please note that the discounted maintenance, repair and modernisation costs over that period should be taken into account. …
(iii) Where the counterfactual scenario consists in a later replacement of the vehicle or mobile service equipment, please provide the discounted value of the vehicle or mobile service equipment in order to take into account the difference in the respective economic lifetime of the equipment. …
(iv) In the case of vehicles or mobile service equipment subject to leasing arrangements, please provide a comparison of the discounted value of the leasing of the clean vehicles or clean mobile service equipment with the discounted value of the leasing of the less environmentally-friendly vehicle or mobile service equipment that would be used in the absence of the aid. …
(v) Where the investment consists in adding equipment to an existing vehicle or mobile service equipment to improve its environmental performance (for example, retrofitting of pollution control systems), please explain if the counterfactual scenario consists in continuing using the vehicle without the retrofitting investment. In that case, the eligible costs may consist of the total investment costs. …

(b) 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. …

(c) Please quantify the costs and revenues of factual and counterfactual scenarios as follows:
(i) 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 ([^E0393]), the corresponding counterfactuals and resulting funding gap. …
(ii) 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 (c)(i) above, or alternatively provide relevant quantitative evidence based on market studies, investor plans, financial reports, or other quantitative evidence including bids made for similar projects in recent comparable competitive bidding processes. ([^E0394]) …

13.In order to assess 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.

14.In order to demonstrate 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)). …

15.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.

16.In order to demonstrate compliance with point 32 of the CEEAG, please indicate if there are Union standards ([^E0395]) 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.

17.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.

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

19.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. Necessity of the aid

To provide the information in this section, please refer to section 3.2.1.1 (points 34-38) of the CEEAG.

20.Please explain which market failure(s) your authorities have identified that prevent the achievement of a sufficient level of environmental protection. Please specify in which category the market failures identified fall, by making reference to letters (a), (b), (c) or (d) of point 34 of the CEEAG.

21.In accordance with point 35 of the CEEAG, please provide information on any existing policies and measures that your authorities identified, which already target the identified regulatory or market failures.

22.In order to demonstrate compliance with point 36 of the CEEAG, please provide information that demonstrates that the aid effectively targets residual market failures, also taking into account any other policies and measures already in place to address some of the market failures identified.

23.In order to demonstrate compliance with point 37 of the CEEAG, please explain if, to your authorities’ knowledge, projects or activities similar to those covered by the notified measure(s) with respect to their technological content, level of risk and size, are already delivered within the Union at market conditions. In the affirmative, please provide further evidence to demonstrate the need for State aid.

24.In order to demonstrate compliance with point 38 of the CEEAG, please refer to the quantitative evidence already provided under question 12(c) above.

2.1.2. Appropriateness

To provide the information in this section, please refer to section 3.2.1.2 (points 39-46) and section 4.3.1.4.1 (point 171) of the CEEAG.

25.In order to verify compliance with point 41 of the CEEAG, please demonstrate that the aid measure is designed in such a way as to not undermine the efficiency of other measures remedying the same market failure, such as market-based mechanisms (e.g., the EU ETS).

26.In order to verify compliance with point 42 of the CEEAG, please confirm that none of the beneficiaries of the aid measure(s) could be held liable for the pollution under existing Union or national law (‘polluter pays’ principle).

27.In order to verify compliance with points 43 to 46 of the CEEAG, to demonstrate the appropriateness of the aid among different aid instruments, please provide the following information:

(a) Please explain why other potentially less distortive forms of aid are less appropriate, as required in point 44 of the CEEAG. Less distortive forms of aid may be repayable advances as compared to direct grants; tax credits as compared to tax reductions; or forms of aid that are based on financial instruments, such as debt as compared to equity instruments, including, for example, low-interest loans or interest rebates, State guarantees, or an alternative provision of financing on favourable terms. …

(b) Please demonstrate that the choice of the aid instrument is appropriate to the market failure that the aid measure(s) aims to address, as required in point 45 of the CEEAG. …

(c) Please explain how the aid measure and its design are appropriate to achieve the objective of the measure at which the aid is targeted (point 46 of the CEEAG). …

28.In order to verify compliance with points 40 and 171 of the CEEAG, please explain whether other types of interventions than State aid could not stimulate the development of the clean mobility market and describe their expected impact compared to that of the proposed measure. Such other types of interventions may include the introduction of general measures aimed at promoting the acquisition of clean vehicles such as ecological bonus schemes or scrappage schemes or the creation of low-emission zones in the Member State concerned

2.1.3. Proportionality

To provide the information in this section, please refer to section 3.2.1.3 (points 47-55) and section 4.3.1.4.2 (points 172-181) of the CEEAG. Please note that the following two sections 2.1.3.1. and 2.1.3.2. are alternative. Please provide replies only to the applicable section, depending on the design of the proposed measure.

2.1.3.1.Proportionality of aid granted through a competitive bidding process

To provide the information in this section, please refer to points 49, 50, 173, 174 and 175 of the CEEAG.

29.In order to verify compliance with points 49, 50 and 173 of the CEEAG, please provide the following:

(a) Please explain how the authorities ensure that the bidding process is open, clear, transparent and non-discriminatory, based on objective criteria, defined ex ante in accordance with the objective of the measure and minimising the risk of strategic bidding (point 49(a) of the CEEAG). …

(b) The selection criteria used for ranking the bids, and ultimately identifying the level of aid in the competitive bidding process. More specifically:
(i) Please provide the list of the selection criteria and specify which of them are/are not directly or indirectly related to the main objectives of the measure(s). Please include their weighting. …
(ii) Please explain how the selection criteria put the contribution to the main objectives of the measure(s) in direct or indirect relation with the aid amount requested by the applicant. This may be expressed, for example, in terms of aid per unit of environmental protection or aid per clean or zero-emission vehicle (point 50 and footnote 44 of the CEEAG). …
(iii) In case there are other selection criteria that are not directly or indirectly related to the main objectives of the measure(s), please provide reasons for the proposed approach and explain how it is appropriate to the objectives pursued by the measure(s). Please also confirm that those criteria account for no more than 30 % of the weighting of all the selection criteria (point 50 and 174 of the CEEAG). …
(iv) Please explain how far in advance of the deadline for submitting applications in each competitive bidding process the selection criteria will be published (point 49(b) and footnote 43 of the CEEAG). …

(c) 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 the replies under question 12. …

(d) Please provide information on the number of bidding rounds envisaged and expected number of bidders in the first round and over time. …

(e) In case of one or more undersubscribed bidding processes, please explain how the design of bidding processes will be corrected during the implementation of the scheme in order to restore effective competition, and when (point 49(c) of the CEEAG). …

(f) Please confirm that ex post adjustments to the bidding process outcome (such as subsequent negotiations on bid results or rationing) are avoided (point 49(d) of the CEEAG). …

(g) In case there is a possibility of ‘zero subsidy bids’, please explain how proportionality will be ensured (please see point 49, footnote 42 of the CEEAG). …

(h) Please clarify if the authorities foresee the use of price floors or caps in the competitive bidding process. In the affirmative, please justify their use and explain how they do not constrain the competitive bidding process (point 49 and footnote 42 of the CEEAG). …

30.Please explain how the competitive bidding procedure’s design ensures that sufficient incentives remain for applicants to bid for projects concerning the acquisition of zero-emission vehicles, which are generally more expensive than less environmentally friendly alternatives, insofar as these are available for that transport mode. For instance, please explain if the competitive bidding design includes premiums allowing a higher score to be assigned to projects bringing environmental benefits beyond those deriving from the eligibility requirements or the primary objective of the measure (point 175 of the CEEAG).

2.1.3.2.Proportionality of aid not granted through a competitive bidding process

To provide the information in this section, please refer to points 51-55 and 176-181 of the CEEAG.

31.Please explain why a competitive bidding process is not used (by reference to the exceptions set out in point 176 of the CEEAG):

(a) the expected number of participants is not sufficient to ensure effective competition or avoid strategic bidding; OR

(b) a competitive bidding process, as described in points 49 and 50, is not appropriate to ensure the proportionality of the aid and that using the alternative methods in points 177 to 180 CEEAG to demonstrate proportionality would not increase the risk of undue distortions of competition, depending on the characteristics of the measure or of the sectors or transport modes concerned; OR

(c) the aid is granted for the acquisition or leasing of vehicles intended for use by undertakings active in the sector of public passenger transport by land, rail or water. …

32.Please identify the net extra costs of the investment. These are calculated as the difference, on the one hand, between the total cost of ownership of the clean vehicle foreseen to be acquired or leased, and on the other hand the total cost of ownership in the counterfactual scenario, excluding costs that are not directly linked to the achievement of a higher level of environmental protection. As regards the retrofitting of vehicles or mobile service equipment, the eligible costs may be the total costs of the retrofitting provided that in the counterfactual scenario the vehicles or mobile service equipment retain the same economic life in the absence of the retrofitting (points 178-179 of the CEEAG).

33.Please indicate the maximum aid intensities applicable under the measure and indicate whether any bonuses (as described in point 177 of the CEEAG) apply.

34.If by way of derogation from points 177-179 of the CEEAG, it is considered that aid beyond the maximum aid intensities set under point 177 of the CEEAG is required, please indicate the level of aid considered to be necessary and justify it on the basis of a funding gap analysis for reference projects in the factual and counterfactual scenarios as identified in reply to question 12(c)(i) above, in line with points 51-52 of the CEEAG.

For this funding gap analysis, please submit a quantification, for the factual scenario and a realistic counterfactual scenario ([^E0396]) 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) For cases of individual aid and schemes benefitting a particularly limited number of beneficiaries, the Member State needs to present the supporting evidence at the level of the detailed project business plan. For cases of aid schemes, the Member State needs to present the supporting evidence on the basis of one or more reference projects. …

(d) 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. …

35.Please also demonstrate that the application of a higher aid determined as indicated in question 34 would not result in aid exceeding the funding gap.

36.In case point 52 of the CEEAG is applicable, i.e. the most likely counterfactual scenario consists in the beneficiary not carrying out an activity or investment, or continuing its business without changes, please provide evidence to support this assumption ([^E0397]).

37.In all case where the proportionality is justified by reference to a funding gap analysis, please also confirm that your authorities will conduct an ex post monitoring to verify the assumptions made about the level of aid required and put in place a claw-back mechanism. Please also describe the monitoring and claw-back mechanism that your authorities intend to apply (point 180 CEEAG).

2.1.4. Cumulation

To provide the information in this section, please refer to points 56-57 of the CEEAG.

38.In as far as not already provided under Part I of the general notification form and in order to verify compliance with point 56 of the CEEAG, please clarify if the aid under the notified measure(s) may be awarded concurrently under several aid schemes or cumulated with ad hoc or de minimis aid in relation to the same eligible costs. If that is the case, please provide details on those aid schemes, ad hoc aid or de minimis aid and how the aid will be cumulated.

39.If point 56 of the CEEAG is applicable, please justify how the total amount of aid granted under the notified measure(s) for a project or an activity does not lead to overcompensation or exceed the maximum aid amount allowed under point 173, point 177 or point 180 of the CEEAG. For each measure that the aid granted under the notified aid measure(s) can be cumulated with, please specify the method used for ensuring compliance with the conditions set out in point 56 of the CEEAG.

40.In case point 57 of the CEEAG is applicable, i.e. the aid granted under the notified measure(s) is combined with centrally managed Union funding ([^E0398]) (that does not constitute State aid), please justify how the total amount of public funding granted in relation to the same eligible costs does not lead to overcompensation.

2.1.5. Transparency

To provide the information in this section, please refer to section 3.2.1.4 (points 58-61) of the CEEAG.

41.Please confirm that the Member State will comply with the requirements on transparency provided in points 58-61 of the CEEAG.

42.Please provide the internet link where the full text of the approved aid scheme or the individual aid granting decision and its implementing provisions and information on each individual aid award granted ad hoc or under an aid scheme approved on the basis of the CEEAG and exceeding EUR 100 000 will be published.

2.2. Avoidance of undue negative effects on competition and trade and balancing

To provide the information in this section, please refer to section 3.2.2 (points 63-70) and section 4.3.1.5. (points 183-189) of the CEEAG.

43.In order to verify compliance with point 67 of the CEEAG, please provide information on the possible short and long-term negative effects of the notified measure(s) on competition and trade.

44.Please explain if the measure falls under any of the following situations:

(a) It concerns a market (or markets) where incumbents gained market power prior to market liberalisation; …

(b) It involves competitive bidding processes in nascent market(s), when there is a player with a strong market position; …

45.Should the aid measure focus on a specific technological choice/path, please justify the reason for the technological choice and that it will not discourage the deployment of cleaner technologies.

46.If the notified measure(s) will only benefit one or a particularly limited number of beneficiaries, in order to verify compliance with point 68 of the CEEAG, please:

(a) Explain whether the notified measure(s) strengthens or maintains the market power of the beneficiary/-ies or discourages the expansion of existing competitors or induces their exit or discourages the entry of new competitors. Explain in this regard also whether the aid measure will lead to an increase in the production capacity of the beneficiary. …

(b) Describe the measures put in place to limit the potential distortion of competition caused by granting the aid to the beneficiary/-ies. …

47.In order to verify compliance with point 69 of the CEEAG, please explain:

(a) If the aid granted under the notified measure(s) aims at preserving economic activity in one region or attracting it away from other regions within the internal market. …

(b) In the affirmative, please specify which is the net environmental effect of the notified measure(s) and how the notified measure(s) improves the existing level of environmental protection in the Member States. …

(c) How the aid granted under the notified measure(s) does not result in any manifestly negative effects on competition and trade. …

(d) In case of individual aid, the main drivers of the choice of the location for the investments by the beneficiary. …

48.In order to verify compliance with point 70 of the CEEAG:

(a) Please confirm that aid may be granted under the notified scheme for a maximum period of 10 years from the date of the notification of the Commission’s decision declaring the aid compatible. …

(b) Please confirm that, should your authorities wish to extend the duration of the scheme beyond that maximum period, they will renotify the measure. …

49.If the notified measure(s) may incentivise new investments in vehicles and mobile service equipment using natural gas, explain how the measure can be regarded as not having long term lock-in effects and not displacing investments into cleaner alternatives. Therefore, for aid for the acquisition or leasing of CNG and LNG vehicles for waterborne transport and mobile service equipment, please demonstrate that cleaner alternatives to decarbonise the relevant transport mode are not readily available on the market and are not expected to be available in the short term. To this end, please consider a period of between 2 to 5 years following the notification of the aid measure (or a different period, if duly justified) and submit supporting independent market studies or any other appropriate evidence.

50.If the notified measure may incentivise investments in clean aircraft (other than zero-emission aircraft) using fossil fuels, please demonstrate that the aid contributes to the market introduction or accelerated uptake of new, more efficient and substantially more environmentally-friendly aircraft. Please also explain how such investments are in line with a pathway towards climate neutrality, and how the measure avoids the risk of lock in of conventional technologies and displacement of investments into cleaner alternatives.

51.If the measure concerns the air transport service, explain whether your authorities intend to require that the beneficiary decommissions an equivalent number of less environmentally-friendly aircraft of a similar take-off mass as the aircraft acquired or leased with State aid, to mitigate potentially distortive effects of the aid having regard to the market positon of the beneficiary or to increase the positive effects of the aid measure.

52.In relation to aid for the acquisition or leasing of vehicles or mobile service equipment, please explain whether bringing into service new vehicles would result in or aggravate existing market failures, such as overcapacity in the sector concerned.

53.If the notified measure grants targeted support to an individual beneficiary or a limited number of specific beneficiaries in the absence of competitive bidding, please justify the measure’s design and the reasons why it is not open to all competitors willing to deliver the same service, product or benefit and demonstrate it duly addresses the higher risks of competition distortion.

3.WEIGHING THE POSITIVE EFFECTS OF THE AID AGAINST THE NEGATIVE EFFECTS ON COMPETITION AND TRADE

To provide the information in this section, please refer to section 3.3 (points 71-76) of the CEEAG.

54.In order to verify compliance with point 72 of the CEEAG, please explain whether activities supported under the notified measure meet the criteria for environmentally sustainable economic activities provided in Article 3 of the Regulation (EU) 2020/852 of the European Parliament and of the Council ([^E0399]), including the ‘do no significant harm’ principle, or other comparable methodologies.

55.(In case of competitive bidding process) Please explain if the notified measure(s) includes features to facilitate the participation of SMEs in competitive bidding processes. In the affirmative, please provide information on those features and justify how the positive effects of ensuring participation of SMEs in the notified measure(s) outweigh the possible distortive effects.

Section C: Evaluation

To provide the information in this section, please refer to Section 5 (points 455-463) of the CEEAG.

56.If the notified measure(s) exceed the budget/expenditure thresholds in point 456 of the CEEAG, please either explain why in your view the exception in point 457 of the CEEAG should apply, or attach to this notification form an Annex that includes a draft evaluation plan covering the scope mentioned in point 458 of the CEEAG ([^E0400]).

57.If a draft evaluation plan is provided, please:

(a) provide below a summary of that draft evaluation plan included in the Annex. …

(b) confirm that point 460 of the CEEAG will be respected. …

58.In order to verify compliance with point 459(b) of the CEEAG, in case the aid scheme is not currently subject to an ex post evaluation and its duration exceeds three years, please confirm that you will notify a draft evaluation plan within 30 working days following a significant modification increasing the budget of the scheme to over EUR 150 million in any given year or EUR 750 million over the total duration of the scheme.

59.In order to verify compliance with point 459(c) of the CEEAG, in case the aid scheme is not currently subject to an ex post evaluation, please provide below a commitment that the Member State will notify a draft evaluation plan within 30 working days after recording in official accounts expenditures in excess of EUR 150 million in the previous year.

60.In order to verify compliance with point 461 of the CEEAG:

(a) Please clarify if the independent expert has already been selected or if it will be selected in the future. …

(b) Please provide information on the selection procedure of the expert. …

61.In order to verify compliance with point 461 of the CEEAG:

(a) Please provide your proposed deadlines for the submission of the interim and final evaluation report. Please note that the final evaluation report must be submitted to the Commission in due time to allow for the assessment of the possible prolongation of the aid scheme and at the latest 9 months before its expiry, in line with point 463 of the CEEAG. Please note that that deadline could be reduced for schemes triggering the evaluation requirement in their last 2 years of implementation. …

(b) Please confirm that the interim and final evaluation report will be made public. Please provide the date and internet link where those reports will be publicly available. …

Section D: Reporting and monitoring

To provide the information in this section, please refer to Section 6 (points 464-465) of the CEEAG.

62.Please confirm that the Member State will comply with the requirements for reporting and monitoring set out in Section 6, points 464 and 465, of the CEEAG.

PART III.6.D

Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.3.2 - Aid for the deployment of recharging or refuelling infrastructure

This supplementary information sheet concerns measures covered in Section 4.3.2 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 of transport 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 of competition in 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. ([^E0401])

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. ([^E0402])

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 4.3.2.1 (points 190 and 191) and 4.3.2.2 (points 192 and 193) of the CEEAG.

6.Article 107(3), point (c), of 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 Treatymust contribute to the development of a certain economic activity.

In order to assess 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 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 points 190 and 191 of the CEEAG.

9.Please describe the eligibility requirements applicable to the beneficiary(ies) (for instance by pointing to 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 4.3.2.2 (points 192 and 193) 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:

(a) 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. ([^E0403]) Where you expect that different categories of beneficiaries may be supported, please ensure that the counterfactual is credible for each of these categories. …

(b) 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. …

(c) Please quantify the costs and revenues of factual and counterfactual scenarios as follows:
(i) 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 ([^E0404]), the corresponding counterfactuals and resulting funding gap. …
(ii) 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 quantitative evidence based on market studies, investor plans, financial reports, or other quantitative evidence including bids made for similar projects in recent comparable competitive bidding processes. ([^E0405]) …

13.In order to assess 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.

14.In order to demonstrate 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)). …

15.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.

16.In order to demonstrate compliance with point 32 of the CEEAG, please indicate if there are Union standards ([^E0406]) 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.

17.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.

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

19.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. Necessity of the aid

To provide the information in this section, please refer to section 4.3.2.3.1 (points 194 and 195) of the CEEAG.

20.Please explain whether and how it has been verified that aid is necessary to incentivise the deployment of recharging or refuelling infrastructure of the same category as the infrastructure that would be deployed with State aid, in that similar infrastructure is not likely to be developed on commercial terms in the short term. This can be demonstrated by reference to an ex ante open public consultation, an independent market study or based on any other appropriate evidence as set out in Section 3.2.1.1 of the CEEAG. Where applicable, please provide information on the impact of an ETS. Please provide the supporting documents.

21.If the supported recharging or refuelling infrastructure will be open for access by users other than the aid beneficiary or beneficiaries, please indicate (i) the level of market penetration of the clean vehicles that the infrastructure would serve as compared to the total fleet of registered vehicles in your Member State; and/or (ii) the traffic volumes in the region or regions concerned by the measure.

2.1.2. Appropriateness

To provide the information in this section, please refer to section 3.2.1.2 (points 39-46) and section 4.3.2.3.2 (points 196 and 197) of the CEEAG.

22.In order to verify compliance with point 41 of the CEEAG, please demonstrate that the aid measure is designed in such a way as to not undermine the efficiency of other measures remedying the same market failure, such as market-based mechanisms (e.g, the EU ETS).

23.In order to verify compliance with point 42 of the CEEAG, please confirm that none of the beneficiaries of the aid measure(s) could be held liable for the pollution under existing Union or national law (‘polluter pays’ principle).

24.In order to verify compliance with points 43 to 46 of the CEEAG, to demonstrate the appropriateness of the aid among different aid instruments, please provide the following information:

(a) Please explain why other potentially less distortive forms of aid are less appropriate, as required in point 44 of the CEEAG. Less distortive forms of aid may be repayable advances as compared to direct grants; tax credits as compared to tax reductions; or forms of aid that are based on financial instruments, such as debt as compared to equity instruments, including, for example, low-interest loans or interest rebates, State guarantees, or an alternative provision of financing on favourable terms. …

(b) Please demonstrate that the choice of the aid instrument is appropriate to the market failure that the aid measure(s) aims to address, as required in point 45 of the CEEAG. …

(c) Please explain how the aid measure and its design are appropriate to achieve the objective of the measure at which the aid is targeted (point 46 of the CEEAG). …

25.In order to verify compliance with point 197 of the CEEAG, please explain whether regulatory (including new) interventions could not stimulate the shift towards clean mobility and describe their expected impact compared to that of the proposed measure.

2.1.3. Proportionality

To provide the information in this section, please refer to section 4.3.2.3.3 (points198-204) of the CEEAG. Please note that the following two sections 2.1.3.1. and 2.1.3.2. are alternative. Please provide replies only to the applicable section, depending on the design of the proposed measure.

2.1.3.1.Proportionality of aid granted through a competitive bidding process

To provide the information in this section, please refer to points 49, 50 and 199 of the CEEAG.

26.In order to verify compliance with points 49 and 50 and 199 of the CEEAG, please provide the following:

(a) Please explain how the authorities ensure that the bidding process is open, clear, transparent and non-discriminatory based on objective criteria, defined ex ante in accordance with the objective of the measure and minimising the risk of strategic bidding (point 49(a) of the CEEAG). …

(b) The selection criteria used for ranking the bids, and ultimately identifying the level of aid in the competitive bidding process. More specifically:
(i) Please provide the list of the selection criteria and specify which of them are/are not directly or indirectly related to the main objectives of the measure(s). Please include their weighting. …
(ii) Please explain how the selection criteria put the contribution to the main objectives of the measure(s) in direct or indirect relation with the aid amount requested by the applicant. This may be expressed, for example, in terms of aid per unit of environmental protection or aid per recharging or refuelling point (point 50 and footnote 44 of the CEEAG). …
(iii) In case there are other selection criteria that are not directly or indirectly related to the main objectives of the measure(s), please provide reasons for the proposed approach and explain how it is appropriate to the objectives pursued by the measure(s). Please also confirm that those criteria account for no more than 30 % of the weighting of all the selection criteria (point 50 and 199 of the CEEAG). …
(iv) Please explain how far in advance of the deadline for submitting applications in each competitive bidding process the selection criteria will be published (point 49(b) and footnote 43 of the CEEAG). …

(c) 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 the replies to question 12 (c)(ii) above. …

(d) Please provide information on the number of bidding rounds envisaged and expected number of bidders in the first round and over time. …

(e) In case of one or more undersubscribed bidding processes, please explain how the design of bidding processes will be corrected during the implementation of the scheme in order to restore effective competition and when (point 49(c) of the CEEAG). …

(f) Please confirm that ex post adjustments to the bidding process outcome (such as subsequent negotiations on bid results or rationing) are avoided (point 49(d) of the CEEAG). …

(g) In case there is a possibility of ‘zero subsidy bids’, please explain how proportionality will be ensured (please see point 49, footnote 42, of the CEEAG). …

(h) Please clarify if the authorities foresee the use of price floors or caps in the competitive bidding process. In the affirmative, please justify their use and explain how they do not constrain the competitive bidding process (point 49 and footnote 42 of the CEEAG). If bid caps are used, please justify their levels by reference to the quantification of costs and revenues of reference projects as per question 12 (c)(ii) above. …

27.Please explain how the competitive bidding procedure’s design ensures that sufficient incentives remain for applicants to bid for projects concerning recharging or refuelling infrastructure supplying only renewable electricity or renewable hydrogen. For instance, please explain if the competitive bidding design includes premiums allowing a higher score to be assigned to projects bringing environmental benefits beyond those deriving from the eligibility requirements or the primary objective of the measure (point 199 of the CEEAG).

2.1.3.2.Proportionality of aid not granted through a competitive bidding process

To provide the information in this section, please refer to points 200-204 of the CEEAG.

28.Please explain why a competitive bidding process is not used (by reference to the exemptions set out in point 200 CEEAG):

(a) the expected number of participants is not sufficient to ensure effective competition or avoid strategic bidding; … OR

(b) a competitive bidding process, as set out in points 49 and 50, is not appropriate to ensure the proportionality of the aid and that using the alternative methods in points 201 to 204 CEEAG to demonstrate proportionality would not increase the risk of undue distortions of competition, depending on the characteristics of the measure or of the sectors or transport modes concerned; … OR

(c) the aid is granted for recharging or refuelling infrastructure intended exclusively or primarily for use by undertakings active in the sector of public passenger transport by land, rail or water; … OR

(d) the aid is granted for recharging or refuelling infrastructure intended exclusively or primarily for use by the aid beneficiary and which is not accessible to the public. In this case, please provide reasons why a competitive bidding process is not envisaged; … OR

(e) the aid is granted for recharging or refuelling infrastructure intended for use by certain types of vehicles for which the relevant market penetration rate (per relevant type of vehicle which would use the infrastructure) in the Member State concerned or the traffic volumes in the region or regions concerned are very limited, and provide supporting data. …

2.1.3.2.1.Proportionality of aid granted through a funding gap analysis

29.If the aid is determined based on a funding gap analysis, in order to verify compliance with point 201 of the CEEAG, please justify the aid amount on the basis of a funding gap analysis in line with points 48, 51-52 of the CEEAG for reference projects in the factual and counterfactual scenarios as identified in reply to question 12 above.

30.For this funding gap analysis, please submit a quantification, for the factual scenario and a realistic counterfactual scenario ([^E0407]) 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) For cases of individual aid and schemes benefitting a particularly limited number of beneficiaries, the Member State needs to present the supporting evidence at the level of the detailed project business plan. For cases of aid schemes, the Member State needs to present the supporting evidence on the basis of one or more reference projects (point 53 of the CEEAG). …

(d) 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. …

31.In case point 52 of the CEEAG is applicable, i.e. the most likely counterfactual scenario consists in the beneficiary not carrying out an activity or investment, or continuing its business without changes, please provide evidence to support this assumption ([^E0408]).

32.In all case where the proportionality is justified by reference to a funding gap analysis, please also confirm that your authorities will conduct an ex post monitoring to verify the assumptions made about the level of aid required and put in place a claw-back mechanism. Please also describe the claw-back mechanism that your authorities intend to apply (point 201 of the CEEAG).

2.1.3.2.2.Proportionality of aid granted on the basis of eligible costs and aid intensities

33.If the amount of aid is determined on the basis of the eligible costs and aid intensities, please describe the eligible costs under the measure, noting that under point 202, 203 and 204 CEEAG, the eligible costs are all the investment costs for the construction, installation, upgrade or extension of recharging or refuelling infrastructure. For instance, these may include the costs of:

(a) the recharging or refuelling infrastructure and related technical equipment;

(b) the installation of or upgrades to electrical or other components, including electrical cables and power transformers, required for connecting the recharging or refuelling infrastructure to the grid or to a local electricity or hydrogen production or storage unit and for ensuring the smart readiness of recharging infrastructure;

(d) investment costs of the on-site renewable electricity or renewable/low-carbon hydrogen production units or of the storage facilities. …

34.Please indicate the maximum aid intensities applicable under the measure and indicate whether any bonuses (as described in point 202 of the CEEAG) apply.

2.1.4. Cumulation

To provide the information in this section, please refer to points 56-57 of the CEEAG.

35.In as far as not already provided under Part I of the general notification form and in order to verify compliance with point 56 of the CEEAG, please clarify if the aid under the notified measure(s) may be awarded concurrently under several aid schemes or cumulated with ad hoc aid or de minimis aid in relation to the same eligible costs. If that is the case, please provide details on those aid schemes, ad hoc aid or de minimis aid and how the aid will be cumulated.

36.If point 56 of the CEEAG is applicable, please justify how the total amount of aid granted under the notified measure(s) for a project or an activity does not lead to overcompensation or exceed the maximum aid amount allowed under point 199, point 201 or point 202 of the CEEAG. For each measure that the aid granted under the notified aid measure(s) can be cumulated with, please specify the method used for ensuring compliance with the conditions set out in point 56 of the CEEAG.

37.In case point 57 of the CEEAG is applicable, i.e. the aid granted under the notified measure(s) is combined with centrally managed Union funding ([^E0409]) (that does not constitute State aid), please justify how the total amount of public funding granted in relation to the same eligible costs does not lead to overcompensation.

2.1.5. Transparency

To provide the information in this section, please refer to section 3.2.1.4 (points 58-61) of the CEEAG.

38.Please confirm that the Member State will comply with the requirements on transparency provided in points 58-61 of the CEEAG.

39.Please provide the internet link where the full text of the approved aid scheme or the individual aid granting decision and its implementing provision and information on each individual aid award granted ad hoc or under an aid scheme approved on the basis of the CEEAG and exceeding EUR 100 000 will be published.

2.2. Avoidance of undue negative effects on competition and trade and balancing

To provide the information in this section, please refer to section 3.2.2 (points 63-70) and section 4.3.2.4. (points 205-216) of the CEEAG.

40.In order to verify compliance with point 67 of the CEEAG, please provide information on the possible short and long-term negative effects of the notified measure(s) on competition and trade.

41.Please explain if the measure falls under any of the following situations:

(a) It concerns a market (or markets) where incumbents gained market power prior to market liberalisation; …

(b) It involves competitive bidding processes in nascent market(s), when there is a player with a strong market position; …

42.Should the aid measure focus on a specific technological choice/path, please justify the reason for the technological choice and that it will not discourage the deployment of cleaner technologies.

43.If the notified measure(s) will only benefit one or a particularly limited number of beneficiaries, in order to verify compliance with point 68 of the CEEAG, please:

(a) Explain whether the notified measure(s) strengthens or maintains the market power of the beneficiary or discourages the expansion of existing competitors or induces their exit or discourages the entry of new competitors. Explain in this regard also whether the aid measure will lead to an increase in the capacity of the beneficiary. …

(b) Describe the measures put in place to limit the potential distortion(s) of competition caused by granting the aid to the beneficiary/-ies. …

44.In order to verify compliance with point 69 of the CEEAG, please explain:

(a) If the aid granted under the notified measure(s) aims at preserving economic activity in one region or attracting it away from other regions within the internal market. …

(b) In the affirmative, please specify which is the net environmental effect of the notified measure(s) and how the notified measure(s) improves the existing level of environmental protection in the Member States. …

(c) How the aid granted under the notified measure(s) does not result in any manifestly negative effects on competition and trade. …

(d) In case of individual aid, the main drivers of the choice of the location for the investments by the beneficiary.

45.In order to verify compliance with point 70 of the CEEAG:

(a) Please confirm that aid may be granted under the notified scheme for a maximum period of 10 years from the date of the notification of the Commission’s decision declaring the aid compatible. …

(b) Please confirm that, should your authorities wish to extend the duration of the scheme beyond that maximum period, they will renotify the measure(s). …

46.Please confirm that new recharging infrastructure that allow for a transfer of electricity with a power output of up to 22 kW is capable of supporting smart recharging functionalities (point 206 of the CEEAG).

47.If aid is granted for refuelling infrastructure for waterborne and air transport and supplies synthetic fuels, including renewable liquid and gaseous transport fuels of non-biological origin, or biofuels, please justify the need for new infrastructure. In the case of drop-in synthetic fuels or biofuels, please consider the extent to which existing infrastructure can be used for the supply of drop-in synthetic fuels or biofuels (point 207 of the CEEAG).

48.If the aid is for the construction, installation, upgrade or extension of CNG and LNG refuelling infrastructure for waterborne transport, please:

(a) demonstrate that no cleaner alternatives are readily available on the market and that such are not expected to be available in the short term. …

(b) explain how that refuelling infrastructure would be used to trigger the transition towards low-carbon fuels (point 209 of the CEEAG), and …

(c) whether the investment forms part of a decarbonisation pathway and how the aid contributes to achieving targets set out in Union legislation on the deployment of alternative fuel infrastructure (point 209 of the CEEAG). …

49.If the aid is for the construction, installation, upgrade or extension of LNG refuelling infrastructure for heavy-duty vehicles, please confirm that it will not be granted after 2025. Please explain how the aid will contribute to achieving targets set out in Union legislation on the deployment of alternative fuel infrastructure (point 210 of the CEEAG).

50.In case of hydrogen refuelling infrastructure, please indicate if aid under the measure is subject to the condition that the hydrogen supplied at the supported refuelling infrastructure is renewable or low-carbon for its entire lifetime. If not, please explain whether and how it will be ensured that beneficiaries have a credible pathway towards the phasing out of hydrogen that is not renewable or low-carbon to supply the refuelling infrastructure by 2035 at the latest (point 212 of the CEEAG).

51.Please explain whether the notified measure contains safeguards against the creation or strengthening of market power positions which may prevent or impair effective competition in nascent or developing markets (for instance, the establishment of a maximum percentage of the budget for the measure that can be allocated to one single undertaking) (point 213 of the CEEAG).

52.Please describe the safeguards that are in place as part of the notified measure to ensure that operators of recharging or refueling infrastructure that offer or allow contract-based payments on their infrastructure do not unduly discriminate between mobility service providers, for example by applying unjustified preferential access conditions, or through unjustified price differentiation (point 214 of the CEEAG).

53.Please confirm that any concession or other entrustment to a third party (other than the beneficiary) to operate the refueling infrastructure would be awarded on a competitive, transparent and non-discriminatory basis, having due regard to the Union public procurement rules, where applicable (point of the 215 of the CEEAG).

54.If the infrastructure will be open for access by users other than the aid beneficiary or beneficiaries please confirm that non-discriminatory access to users will be ensured, including, as appropriate, in relation to tariffs, authentication and payment methods and other terms and conditions of use (point 216 of the CEEAG).

55.Please confirm that the fees charged to users for using the supported recharging or refuelling infrastructure correspond to market prices (point 216 of the CEEAG). Please indicate whether operators of the supported recharging or refuelling infrastructure will be subject to any price caps; if yes, please explain how such price caps were established.

1. Weighing the positive effects of the aid against the negative effects on competition and trade

To provide the information in this section, please refer to section 3.3 (points 71-76) of the CEEAG.

56.In order to verify compliance with point 72 of the CEEAG, please explain whether activities supported under the notified measure meet the criteria for environmentally sustainable economic activities provided in Article 3 of the Regulation (EU) 2020/852 of the European Parliament and of the Council ([^E0410]), including the ‘do no significant harm’ principle, or other comparable methodologies.

57.(In case of competitive bidding process) Please explain if the notified measure(s) includes features to facilitate the participation of SMEs in competitive bidding processes. In the affirmative, please provide information on those features and justify how the positive effects of ensuring participation of SMEs in the notified measure(s) outweigh the possible distortive effects.

Section C: Evaluation

To provide the information in this section, please refer to Section 5 (points 455-463) of the CEEAG.

58.If the notified measure(s) exceed the budget/expenditure thresholds in point 456 of the CEEAG, please either explain why in your view the exception in point 457 of the CEEAG should apply or attach to this notification form an Annex that includes a draft evaluation plan covering the scope mentioned in point 458 of the CEEAG ([^E0411]).

59.If a draft evaluation plan is provided, please:

(a) provide below a summary of that draft evaluation plan included in the Annex. …

(b) confirm point 460 of the CEEAG will be respected. …

60.In order to verify compliance with point 459(b) of the CEEAG, in case the aid scheme is not currently subject to an ex post evaluation, and its duration exceeds three years, please confirm that you will notify a draft evaluation plan within 30 working days following a significant modification increasing the budget of the scheme to over EUR 150 million in any given year or EUR 750 million over the total duration of the scheme.

61.In order to verify compliance with point 459(c) of the CEEAG, in case the aid scheme is not currently subject to an ex post evaluation, please provide below a commitment that the Member State will notify a draft evaluation plan within 30 working days after recording in official accounts expenditures in excess of EUR 150 million in the previous year.

62.In order to verify compliance with point 461 of the CEEAG:

(a) Please clarify if the independent expert has already been selected or if it will be selected in the future. …

(b) Please provide information on the selection procedure of the expert. …

63.In order to verify compliance with point 461 of the CEEAG:

(a) Please provide your proposed deadlines for the submission of the interim and final evaluation report. Please note that the final evaluation report must be submitted to the Commission in due time to allow for the assessment of the possible prolongation of the aid scheme and at the latest 9 months before its expiry, in line with point 463 of the CEEAG. Please note that that deadline could be reduced for schemes triggering the evaluation requirement in their last 2 years of implementation. …

(b) Please confirm that the interim and final evaluation report will be made public. Please provide the date and internet link where those reports will be publicly available. …

Section D: Reporting and monitoring

To provide the information in this section, please refer to Section 6 (points 464-465) of the CEEAG.

64.Please confirm that the Member State will comply with the requirements for reporting and monitoring set out in Section 6, points 464 and 465 of the CEEAG.

PART III.6.E

Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.4 - Aid for resource efficiency and for supporting the transition towards a circular economy

This supplementary information sheet concerns measures covered in Section 4.4 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.

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 the transition to a circular economy 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 of competition in 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 ([^E0412]).

1. Beneficiary(ies)

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