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59. |
In order to verify compliance with points 117, 118 and 119 of the CEEAG, please: (a) For aid for the decarbonisation of industrial activities, confirm that the measure reduces the emissions directly resulting from that industrial activity. … (b) For aid for improvements of the energy efficiency of industrial activities, confirm that the measure improves energy efficiency of the beneficiaries’ activities or that support is granted for the facilitation of energy performance contracting. … (c) Where aid for the facilitation of energy performance contracting is not granted as a result of a competitive bidding process, confirm that the aid is granted in the same way for all eligible undertakings operating in the same sector of economic activity that are in the same or similar factual situation in respect of the aims or objectives of the aid measure. … |
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60. |
In order to verify compliance with point 120 of the CEEAG, please provide information on: (a) The measures taken to ensure that projects granted aid will actually be developed. … (b) If the aid measure(s) grant more flexibility regarding pre-qualification requirements for projects developed and 100 % owned by SMEs or by renewable energy communities as a means to reduce barriers to their participation, please describe these flexibilities/facilitations in detail. … (c) In the affirmative, please also justify how the positive effects of ensuring participation and acceptance of SMEs or of renewable energy communities in the notified measure(s) outweigh the possible distortive effects. … |
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61. |
In order to verify compliance with points 121 and 122 of the CEEAG, please provide information on: (a) The precise form of the aid in the measure. … (b) If the aid measure covers costs mostly linked to operation rather than investment, please demonstrate that this results in more environmentally-friendly operating decisions. … (c) If the aid measure is primarily required to cover short-term costs that may be variable (such as biomass fuel costs or electricity input costs), and paid over periods exceeding one year, please confirm that the production costs on which the aid amount is based will be monitored and the aid amount updated at least once per year. … |
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62. |
In order to verify compliance with point 123 of the CEEAG, please: (a) Indicate which market(s) could potentially be affected by the aid measure directly (e.g. electricity market, gas market or other fuel markets, product markets). … (b) Please explain in detail how the measure preserves efficient operating incentives and price signals (exposure to price variation and market risk, absence of incentive to offer output below marginal costs, absence of aid for production in any periods in which the market value of that production is negative). … |
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63. |
If the notified measure(s) may support projects involving dedicated infrastructure, in order to verify compliance with points 124 and 125 of the CEEAG, please: (a) Describe the size and scope of the dedicated infrastructure in relation to the affected market(s), and the impact on the likelihood of additional market-based investments. … (b) Explain how many users or groups of users will initially benefit from the dedicated infrastructure and whether a credible plan or firm commitment for connecting to a wider network exists. … (c) If applicable, provide the duration of any derogations or exemptions from internal market legislation, the structure of the market and the position of the beneficiaries in that market. … |
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64. |
If the notified measure(s) may support projects involving production of biofuels from food and feed crops, in order to verify compliance with points 130 of the CEEAG: (a) Confirm that State aid for biofuels, bioliquids, biogas and biomass fuels will not exceed the caps determining their eligibility for the calculation of the gross final consumption of energy from renewable sources in the Member State concerned in accordance with Article 26 of Directive (EU) 2018/2001. … (b) If the caps are or may be exceeded, explain in detail the positive effects of the measure which could outweigh the negative effects. … |
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65. |
If the notified measure(s) will only benefit one or a particularly limited number of beneficiaries, in order to verify compliance with points 131 and 132 of the CEEAG, please provide in particular: (a) the list of the five largest market players in the sectors concerned and their turnover (in volume or value) compared to the total turnover of the sectors. [^ntr320-L_202500905EN.000501-E0320] … (b) the reasons why the Member States considers that the notified measure(s) would not strengthen or maintain the market power of the beneficiary(ies) or discourage the expansion of existing competitors or induce their exit or discourage 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(ies). … (c) the measures put in place to limit the potential distortion of competition caused by granting the aid to the beneficiary(ies). … |
Section C: Evaluation
To provide the information in this section, please refer to point 76(a), 131 and Section 5 (points 455-463) of the CEEAG.
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66. |
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. [^ntr321-L_202500905EN.000501-E0321] … |
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67. |
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. … (c) provide the date and internet link where the evaluation plan will be publicly available. … |
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68. |
In order to verify the 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. … |
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69. |
In order to verify the 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. … |
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70. |
In order to verify the compliance with point 461 of the CEEAG: (a) Please clarify if the independent expert has already been selected or it will be selected in the future. … (b) Please provide information on the selection procedure of the expert. … (c) Please justify how the expert is independent from the granting authority. … |
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71. |
In order to verify the 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 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.
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72. |
Please confirm that the Member State will comply with the requirements for reporting and monitoring provided in Section 6, points 464 and 465, of the CEEAG. … |
PART III.6.B
Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.2 – Aid for the improvement of the energy and environmental performance of buildings)
This supplementary information sheet concerns measures covered in section 4.2 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)
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1. |
Background and objective(s) of the notified measure(s): |
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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 energy and environmental performance of buildings that the measure is intended to support. … |
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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. … |
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2. |
Entry into force and duration: |
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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; … |
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2.2. |
Please indicate the duration of the scheme [^ntr322-L_202500905EN.000501-E0322]. … |
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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); … |
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3.2. |
Please indicate the location of the beneficiary(ies) (i.e. if only economic entities located in the respective Member State or also in other Member States are eligible to participate in the measure). … |
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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). … |
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4. |
Please confirm that the measure(s) does not involve aid for activities falling outside the scope of application of the CEEAG (see point 13 of the CEEAG). Otherwise, please provide details. … |
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5. |
Budget and financing of the measure(s). |
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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 [^ntr323-L_202500905EN.000501-E0323]. … |
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5.2. |
If the measure(s) 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; … (c) the notified measure(s) will benefit equally domestic and imported products; … (d) the levy finances fully the measure(s) 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(s) also finances other aid measures. If so, indicate the other aid measures financed by the concerned levy. … |
Section B: Compatibility assessment of the aid
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1. |
POSITIVE CONDITION: THE AID MUST FACILITATE THE DEVELOPMENT OF AN ECONOMIC ACTIVITY |
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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 4.2.1 and 4.2.2 (points 136 to 140) of the CEEAG. |
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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. … |
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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. In addition, please highlight to what extent the aid relates to the policies described under point 135 of the CEEAG. … |
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8. |
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). … |
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9. |
Please provide information on the precise scope and supported activities of the aid measure(s), as provided in section 4.2.2 of the CEEAG. In particular: (a) Please explain whether the aid measure(s) provides only aid for the improvement of the energy efficiency of buildings or combines aid for the improvement of the energy efficiency of buildings with aid for any or all of the investments listed in point 137 of the CEEAG. In the latter case, please clarify which of the investments are eligible for aid under the measure(s). … (b) Please explain whether the aid measure(s) also includes types of aid that are excluded from the scope of section 4.2 of the CEEAG, by virtue of point 138 thereof. In the affirmative, the appropriate notification form(s) must be submitted as regards the relevant part(s) of the measure(s). … |
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10. |
Please indicate whether the aid granted under the measure(s) concerns the renovation of existing buildings, the installation or replacement of just one type of building element [^ntr324-L_202500905EN.000501-E0324], and/or energy efficiency investments in new buildings, as defined in point 139 (letters (a) to (c)) of the CEEAG. … |
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11. |
Please demonstrate that the aid granted under the aid measure(s) will induce the energy performance improvements required in point 139 (letters (a) to (c), as applicable) of the CEEAG. … |
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12. |
Please indicate whether the aid is granted under the aid measure(s) to SMEs and small mid-caps that are providers of energy performance improvement measures for the facilitation of energy performance contracting, as provided in point 140 of the CEEAG. … |
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1.2. |
Incentive effect To provide the information in this section, please refer to section 3.1.2 (points 26-32) and section 4.2.3 (points 141-143) of the CEEAG. |
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13. |
Aid can be considered to facilitate an economic activity only if it has an incentive effect. In order to assess 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”. In addition, in order to assess compliance with point 27 of the CEEAG, please confirm that the measure does “not compensate for the normal business risk of an economic activity” and briefly explain why. … |
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14. |
Pursuant to point 28 of the CEEAG: (a) 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. [^ntr325-L_202500905EN.000501-E0325] 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 and justify the change of behaviour where relevant for each category of beneficiary, based on: (i) the respective reference project(s) [^ntr326-L_202500905EN.000501-E0326], the corresponding counterfactuals and resulting funding gap; … OR (ii) relevant quantitative evidence based on market studies (in particular studies on expected payback periods), investor plans, financial reports, or other quantitative evidence including, where applicable, bids made for similar projects in recent comparable competitive bidding processes. [^ntr327-L_202500905EN.000501-E0327] … |
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15. |
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 letters (a), (b) or (c). … |
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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. … |
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17. |
In order to demonstrate compliance with points 32 and 142 of the CEEAG: (a) Please indicate if there are Union standards [^ntr328-L_202500905EN.000501-E0328] 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; … (b) In cases where Union law imposes Union standards, please confirm and 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. … (c) Please explain whether projects with a payback period [^ntr329-L_202500905EN.000501-E0329] of less than five years are eligible for aid under the measure(s). In the affirmative, please provide evidence to demonstrate that aid is needed to trigger a change in behaviour, as required by point 142 of the CEEAG. … |
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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. |
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18. |
Please provide information to confirm the compliance with the relevant provisions of EU law, in line with point 33 of the CEEAG. … |
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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. … |
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2. |
NEGATIVE CONDITION: THE AID CANNOT UNDULY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST |
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2.1. |
Minimisation of distortions of competition and trade |
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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. |
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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. … |
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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. … |
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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. … |
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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. … |
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24. |
In order to demonstrate compliance with point 38 of the CEEAG, please refer to the quantitative evidence already provided under question 14(c) above. … |
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2.1.2. |
Appropriateness To provide the information in this section, please refer to section 3.2.1.2 (points 39-46), section 4.2.4.1 (points 144-145) and points 153 and 157 of the CEEAG. |
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25. |
In order to verify compliance with point 40 of the CEEAG, please demonstrate that there are no less distortive instruments available that are more appropriate than State aid. … |
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26. |
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 mechanism(s) (e.g., the EU ETS). … |
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27. |
In order to demonstrate 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). … |
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28. |
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, as required in point 46 of the CEEAG. … |
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29. |
If aid is granted under the measure(s) to SMEs and small mid-caps that are providers of energy performance improvement measures under energy performance contracts, please confirm that, as required by point 145 of the CEEAG, the aid takes the form of a loan or guarantee to the provider or consists in a financial product aimed at financing the provider (for example, factoring or forfaiting). … |
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30. |
If aid is granted under the measure(s) in the form of financial instruments, please confirm that: (a) The aid to the building’s owner or tenant takes the form of a guarantee or a loan, in line with point 153 of the CEEAG; and … (b) The aid to the financial intermediary (e.g. energy efficiency fund) takes the form of an endowment, equity, a guarantee or a loan, in line with point 157 of the CEEAG. … |
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2.1.3. |
Proportionality To provide the information in this section, please refer to section 4.2.4.2 (points 146-153) of the CEEAG. Please note that the following three sections 2.1.3.1., 2.1.3.2. and 2.1.3.3. are alternative. Please provide replies only to the applicable section, depending on the design of the proposed measure. |
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2.1.3.1. |
Proportionality of the aid when aid is not granted through a competitive bidding process and is not granted in the form of financial instruments To provide the information in this section, please refer to points 146-151 and 153 of the CEEAG. |
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31. |
In order to verify compliance with point 146 of the CEEAG, please explain which are the eligible costs under the measure(s) and how they are limited to the investment costs directly linked to the achievement of a higher level of energy or environmental performance. … |
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32. |
Please indicate the maximum aid intensities applicable under the measure and indicate whether any bonuses (as described in points 147-150 of the CEEAG) apply. … |
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33. |
If applicable, please justify the application of the aid intensity bonus for improvements leading to a reduction in primary energy demand of at least 40 %, in line with point 148 of the CEEAG. … |
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34. |
If by way of derogation from points 147-150 of the CEEAG, it is considered that aid beyond the maximum aid intensities set in these points is required, please indicate the level of aid considered to be necessary and justify it on the basis of a funding gap analysis, in line with points 51-52 of the CEEAG. For this funding gap analysis, please submit a quantification, for the factual scenario(s) and a realistic counterfactual scenario(s) [^ntr330-L_202500905EN.000501-E0330] identified in reply to question 14(c) 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. Please note that 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, while for cases of aid schemes, the Member State needs to present the supporting evidence on the basis of one or more reference projects. (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. … |
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35. |
Please demonstrate that the application of a higher aid intensity determined as indicated in question 34 would not result in aid exceeding the funding gap. … |
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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 [^ntr331-L_202500905EN.000501-E0331]. … |
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2.1.3.2. |
Proportionality of the aid when aid is granted in the form of financial instruments To provide the information in this section, please refer to points 146 and 153 of the CEEAG. |
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37. |
In order to verify compliance with point 146 of the CEEAG, please explain which are the eligible costs under the measure(s) and how they are limited to the investment costs directly linked to the achievement of a higher level of energy or environmental performance. … |
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38. |
Please provide the following information in order to verify to compliance with point 153 of the CEEAG: (a) If the aid is granted in the form of a guarantee, please confirm that the guarantee will not exceed 80 % of the underlying loan and explain how compliance with this requirement will be ensured. … (b) If the aid is granted in the form of a loan, please confirm that the repayment by the owner(s) of the building to the energy efficiency fund or renewable energy fund or other financial intermediary will at least equal the nominal value of the loan and explain how compliance with this requirement will be ensured. … |
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2.1.3.3. |
Proportionality of aid granted through a competitive bidding process To provide the information in this section, please refer to points 49 and 50 of the CEEAG. |
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39. |
In order to verify the compliance with points 49 and 50 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 [^ntr332-L_202500905EN.000501-E0332] (point 50 of the CEEAG 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 of the CEEAG). … (iv) Please explain how far in advance of 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 14. … (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). … |
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2.1.4. |
Cumulation To provide the information in this section, please refer to points 56-57 of the CEEAG. |
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40. |
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. … |
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41. |
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 section 4.2.4.2. 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. … |
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42. |
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 [^ntr333-L_202500905EN.000501-E0333] (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. … |
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2.1.5. |
Transparency To provide the information in this section, please refer to section 3.2.1.4 (points 58-62) of the CEEAG. |
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43. |
Please confirm that the Member State will comply with the requirements on transparency provided in points 58-61 of the CEEAG. … |
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44. |
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. … |
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2.2. |
Avoidance of undue negative effects of the aid 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 4.2.4.3 (points 154-157) of the CEEAG. |
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45. |
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. … |
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46. |
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; … (c) It will only benefit one or a particularly limited number of beneficiaries. … |
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47. |
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. … |
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48. |
Should the notified measure(s) only benefit one or a particularly limited number of beneficiaries, in order to verify compliance with point 68 of the CEEAG: (a) Please 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 measure(s) put in place to limit the potential distortion of competition caused by granting the aid to the beneficiary(ies). … |
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49. |
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. … |
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50. |
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. … |
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51. |
If the aid is granted in the form of an endowment, equity, a guarantee or a loan to an energy efficiency fund or renewable energy fund or other financial intermediary, in order to verify compliance with point 157 of the CEEAG: (a) Please demonstrate that financial intermediaries or fund managers will be selected through an open, transparent and non-discriminatory process which is made in accordance with applicable Union and national laws; … (b) Please demonstrate that conditions are in place to ensure that financial intermediaries, including energy efficiency funds or renewable energy funds, are managed on a commercial basis and will ensure profit-driven financing decisions; … (c) Please demonstrate that the managers of the energy efficiency fund or renewable energy fund or other financial intermediaries are required to pass the advantage on to the largest extent possible to the final beneficiaries (the owner(s) or tenant(s) of the building), in the form of higher volumes of financing, lower collateral requirements, lower guarantee premiums or lower interest rates. … |
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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. |
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52. |
In order to verify compliance with point 72 of the CEEAG, please explain whether activities supported under the notified measure(s) 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 [^ntr334-L_202500905EN.000501-E0334], including the ‘do no significant harm’ principle, or other comparable methodologies. … |
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53. |
(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. … |
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54. |
In order to verify compliance with points 74 and 155-156 of the CEEAG: (a) Please clarify if investments in equipment using natural gas are eligible for aid under the notified measure(s). In the affirmative, please demonstrate that the aid will not displace investments into cleaner alternatives that are already available on the market or lock in certain technologies. Please also explain if the equipment using natural gas replaces energy equipment using most polluting fossil fuels such as oil and coal. … (b) Please confirm that investments in equipment using polluting fossil fuels such as oil and coal are not eligible for aid under the notified measure(s). Please note that aid for the installation of equipment using fossil fuels such as oil and coal is considered to have negative effects on competition due to the greater carbon emissions linked to the use of fossil fuels, the significant risk of locking in fossil fuel technologies and of displacing investments into cleaner and more innovative alternatives available on the market. … |
Section C: Evaluation
To provide the information in this section, please refer to Section 5 (points 455-463) of the CEEAG.
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55. |
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 else attach to this notification form an Annex that includes a draft evaluation plan covering the scope mentioned in point 458 of the CEEAG [^ntr335-L_202500905EN.000501-E0335]. … |
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56. |
If a draft evaluation plan is provided: (a) Please provide below a summary of that draft evaluation plan included in the Annex. … (b) Please confirm that point 460 of the CEEAG will be respected. … (c) Please provide the date and internet link where the evaluation plan will be publicly available. … |
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57. |
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. … |
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58. |
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. … |
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59. |
In order to verify the 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. … (c) Please justify how the expert is independent from the granting authority. … (d) 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. … (e) 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 and 465) of the CEEAG.
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60. |
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.C
Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.3.1 - Aid for the acquisition and leasing of clean vehicles and clean mobile service equipment and for the retrofitting of vehicles and mobile service equipment
This supplementary information sheet concerns measures covered in section 4.3.1 of the 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)
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1. |
Background and objective(s) of the notified measure(s). |
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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 reduction of transport emissions that the measure is intended to support. … |
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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. … |
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2. |
Entry into force and duration: |
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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; … |
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2.2. |
Please indicate the duration of the scheme. [^ntr336-L_202500905EN.000501-E0336] … |
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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); … |
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3.2. |
Please indicate the location of the (potential) beneficiary(ies) (i.e. if only economic entities located in the respective Member State or also in other Member States are eligible to participate in the measure). … |
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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). … |
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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. … |
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5. |
Budget and financing of the measure(s). |
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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. [^ntr337-L_202500905EN.000501-E0337] … |
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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; … (c) the notified measure will benefit equally 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
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1. |
POSITIVE CONDITION: THE AID MUST FACILITATE THE DEVELOPMENT OF AN ECONOMIC ACTIVITY |
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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 4.3.1.1 (points 160 and 161) and 4.3.1.2 (points 162 and 163) of the CEEAG. |
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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 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. … |
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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”. … |
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8. |
In addition, please highlight to what extent the aid relates to the policies described under points 160 and 161 of the CEEAG. … |
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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). … |
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10. |
Please provide information on the precise scope and precise supported activities of the aid measure(s), as provided in section 4.3.1.2 (points 162 and 163) of the CEEAG. … |
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1.2. |
Incentive effect To provide the information in this section, please refer to section 3.1.2 (points 26-32) and section 4.3.1.3 (points 164-169) of the CEEAG. |
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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”. … |
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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. [^ntr338-L_202500905EN.000501-E0338] 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 [^ntr339-L_202500905EN.000501-E0339], 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. [^ntr340-L_202500905EN.000501-E0340] … |
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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. … |
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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)). … |
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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. … |
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16. |
In order to demonstrate compliance with point 32 of the CEEAG, please indicate if there are Union standards [^ntr341-L_202500905EN.000501-E0341] 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. … |
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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. … |
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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. |
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18. |
Please provide information to confirm the compliance with the relevant provisions of EU law, in line with point 33 of the CEEAG. … |
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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. … |
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2. |
NEGATIVE CONDITION: THE AID CANNOT UNDULY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST |
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2.1. |
Minimisation of distortions of competition and trade |
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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. |
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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. … |
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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. … |
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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. … |
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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. … |
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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. … |
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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. |
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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). … |
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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). … |
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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). … |
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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 … |
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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. |
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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. |
Legalize