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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 81. … |
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5.2. |
if the measure (i.e. the tax/parafiscal reduction) 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 4.7.2.1 (point 310) and 4.7.2.2 (points 311-313) 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 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, depending on the Section of the CEAAG under which the supported activities fall, please highlight to what extent the aid relates to the objectives and/or policies described under point 135 of the CEEAG (for Section 4.2), points 160-161 of the CEEAG (for Section 4.3.1), points 190-191 of the CEEAG (for Section 4.3.2), points 217-219 of the CEEAG (for Section 4.4), points 253-254 of the CEEAG (for Section 4.5) or points 276-278 of the CEEAG (for Section 4.6). … |
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9. |
Pursuant to point 311 of the CEEAG, and depending on the Section of the CEEAG under which the supported activities fall, please provide information on the precise scope and precise supported activities of the aid measure(s) by filling in the following question(s) of the relevant supplementary information sheet. For activities falling under Section: ☐ 4.2 (questions 9-12 of the relevant supplementary information sheet) ☐ 4.3.1 (question 10 of the relevant supplementary information sheet) ☐ 4.3.2 (question 10 of the relevant supplementary information sheet) ☐ 4.4 (questions 11-13 of the relevant supplementary information sheet) ☐ 4.5 (questions 10-15 of the relevant supplementary information sheet) ☐ 4.6 (questions 10-12 of the relevant supplementary information sheet) … |
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10. |
Please indicate whether the supported activities primarily pursue a decarbonisation objective. If the prevention or reduction of greenhouse gas emissions is the predominant objective of the aid measure, please refer to the supplementary information sheet for Section 4.1 of the CEEAG in line with point 312 of the CEEAG, as such aid is assessed on the basis of Section 4.1 of the CEEAG. … |
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11. |
Please provide a detailed description of the taxes and/or parafiscal levies that will be reduced (including their purpose, how they are charged across the base, the rate and the entities involved in setting and reviewing the rate as well as in collecting and managing the revenues raised). On this basis, in order to ensure compliance with point 313 of the CEEAG, please demonstrate that the proposed measure does not involve reductions in taxes or levies reflecting the essential costs of providing energy or related services, such as network charges or charges financing capacity mechanisms. In addition, please confirm that the measure does not cover reductions from levies on electricity consumption that finance an energy policy objective. … |
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12. |
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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1.2. |
Incentive effect To provide the information in this section, please refer to section 3.1.2 (points 26-32) and section 4.7.2.3 (points 315-316) of the CEEAG. |
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13. |
Aid can be considered as facilitating 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”. … |
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14. |
Pursuant to point 28 and 315 of the CEEAG: |
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14.1. |
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. 82 Where you expect that different categories of beneficiaries may be supported, please ensure that the counterfactual is credible for each of these categories. Please take into account the requirements regarding the counterfactual included in points 165-169 of the CEEAG (for projects and activities that fall within the scope of Section 4.3.1) and 226-230 of the CEEAG (for projects and activities that fall within the scope of Sections 4.4 and 4.5) and fill in the questions from the respective supplementary information sheet for Sections 4.3.1, 4.4 or 4.5. … |
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14.2. |
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; … |
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14.3. |
Please quantify the costs and revenues of factual and counterfactual scenarios and justify the change of behaviour, where relevant for each category of beneficiary, by comparing the profitability of the reference project 83 or activity with and without the tax or parafiscal levy reduction 84, based on: (a) the respective reference project, the corresponding counterfactuals and resulting funding gap 85; … OR (b) equivalent data. … |
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15. |
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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16. |
In order to demonstrate compliance with points 29, 31 and 316 of the CEEAG, please indicate if the project or activity already started prior to a written aid application by the beneficiary to the national authorities. … |
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17. |
For projects or activities that started before the aid application is submitted, please: (a) confirm that the measure establishes a right to aid in accordance with objective and non-discriminatory criteria and without further exercise of discretion by the Member States and that the measure has been adopted and is in force before work on the aided project or activity has started; OR (b) In case the project or activity already started prior to a written aid application and prior to the adoption and/or entry into force of the measure, please confirm that the project or activity was already covered by a previous similar scheme in the form of tax or parafiscal advantages OR (c) demonstrate that the project or activity falls within one of the exceptional cases provided in point 31 of the CEEAG (b) or (c). … |
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18. |
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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19. |
In order to demonstrate compliance with point 32 of the CEEAG: (a) Please indicate if there are Union standards 86 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. … (b) 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. … (c) For projects and activities that fall within the scope of Section 4.2, please explain whether projects with a payback period 87 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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20. |
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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21. |
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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22. |
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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23. |
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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24. |
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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25. |
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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26. |
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) of the CEEAG. |
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27. |
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. … |
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28. |
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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29. |
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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30. |
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. … (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 its objective (point 46 of the CEEAG). … |
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2.1.3. |
Proportionality To provide the information in this section, please refer to section 4.7.2.4 (points 318-320) of the CEEAG. |
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31. |
In order to verify the compliance with point 318 of the CEEAG, please provide information to demonstrate that the aid does not exceed the normal amount of the tax or levy that would otherwise be applicable. … |
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32. |
In cases where the tax or parafiscal levy reduction is linked to investment costs, depending on the Section of the CEAAG under which the supported activities fall, please describe in line with point 319 of the CEEAG how it will be ensured that the aid will not exceed the applicable aid intensities and maximum aid amounts: ☐ For Section 4.2 (points 146-151 of the CEEAG) ☐ For Section 4.3.1 (points 177-180 of the CEEAG) ☐ For Section 4.3.2 (points 200-204 of the CEEAG ☐ For Section 4.4 (points 239-245 of the CEEAG) ☐ For Section 4.5 (points 265-271 of the CEEAG) ☐ For Section 4.6 (points 288-291 of the CEEAG) Please fill in for the maximum aid intensities and maximum aid amounts the questions from the respective supplementary information sheet for the relevant Section. |
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33. |
In cases where the tax or parafiscal levy reduction reduces recurrent operating costs, in order to verify compliance with point 320 of the CEEAG, please describe how it will be ensured that the aid amount will not exceed the difference between the costs of the environmentally-friendly project or activity and of the less environmentally-friendly counterfactual scenario. Please also detail how potential cost savings and/or additional revenues of the more environmentally friendly project will be taken into account. … |
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2.1.4. |
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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34. |
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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35. |
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, whereby the individual aid amounts may be published in ranges as set out in point 60 of the CEEAG. … |
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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 4.7.2.5 (points 322-324) of the CEEAG. |
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36. |
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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37. |
Please explain if the measure falls under any of the following situations: (a) It will only benefit one or a particularly limited number of beneficiaries; … (b) It targets a market (or markets) where incumbents gained market power prior to market liberalisation. … |
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38. |
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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39. |
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 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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40. |
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. … |
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41. |
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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42. |
Please describe how it is ensured that aid is granted, in line with point 322 of the CEEAG, 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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43. |
For schemes that run for more than 3 years, please describe in line with point 323 of the CEEAG the monitoring that will be undertaken to ensure that aid remains necessary and confirm that the scheme will be subject to a verificationexercise at least every 3 years. … |
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44. |
Pursuant to point 324 of the CEEAG, and depending on the Section of the CEEAG under which the supported activities fall, please fill in the following question(s) of the relevant supplementary information sheet. For projects falling under Section: ☐ 4.2 (question 52 of the relevant supplementary information sheet). ☐ 4.3.1 (questions 49-52 of the relevant supplementary information sheet). ☐ 4.3.2 (questions 46-55 of the relevant supplementary information sheet). … |
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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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45. |
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 88, including the ‘do no significant harm’ principle, or other comparable methodologies. … |
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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46. |
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 supplementary information sheet an Annex that includes a draft evaluation plan covering the scope mentioned in point 458 of the CEEAG 89. … |
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47. |
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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48. |
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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49. |
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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50. |
In order to verify 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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51. |
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 and 465) of the CEEAG.
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52. |
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.J
Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.8 – Aid for the security of electricity supply
This notification form concerns measures covered in Section 4.8 of the CEEAG. If the notification includes measures that are covered by more than one section of the CEEAG, please also fill in the respective notification form that concerns the respective section of the CEEAG.
All documents provided by Member States as annexes to the notification form must be numbered and document numbers must be indicated in the relevant sections of this notification form.
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 of the measure. … |
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1.2. |
Please indicate any other objectives pursued by the measure. For any objectives which do not concern the security of electricity supply or environmental protection, please explain whether they may result in any distortions to 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 measure(s) is planned to enter into force; … |
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2.2. |
Please indicate the duration of measure(s). 90 … |
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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 States 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 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 notified measure. … |
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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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5.1. |
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. 91 … |
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 4.8.1 and 4.8.2 (points 325-328) 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. Point 328 of the CEEAG provides examples of such economic activities concerning measures aimed at increasing the security of electricity supply. … |
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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”. … |
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8. |
Please describe the 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 rationale of the measure, as provided in section 4.8.1. (point 325) of the CEEAG. … |
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10. |
Please provide information on the scope of the measure, as provided in section 4.8.2. (points 326-327) of the CEEAG. … |
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1.2. |
Incentive effect To provide the information in this section, please refer to point 329 and section 3.1.2 (points 29, 30, 31 and 32) of the CEEAG. |
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11. |
In order to demonstrate the compliance with points 29 and 31 of the CEEAG: (a) Please confirm that the start of works on the project or activity did not take place prior to a written aid application by the beneficiary to the national authorities; … OR (b) For projects that started before the aid application, please demonstrate that the project falls within one of the exceptional cases provided in point 31 of the CEEAG ((a), (b) or (c)). … |
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12. |
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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13. |
In order to demonstrate the compliance with point 32 of the CEEAG, please indicate if there are Union standards 92 applicable to the notified measure, 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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14. |
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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15. |
Please provide information to confirm the compliance with the relevant provisions of EU law, in line with point 33 of the CEEAG (see e.g. question 49 regarding compliance with Regulation (EU) 2019/943). … |
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16. |
If a levy is used to finance the measure(s) (see question 54 below), please clarify if: … (a) the levy is imposed equally on domestic and imported products; … (b) the notified measure will benefit equally domestic and imported products. … |
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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 4.8.4.1 (points 331-339 of the CEEAG). |
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17. |
Point 331 of the CEEAG provides that the nature and causes of the security of electricity supply problem, and therefore of the need for State aid to ensure security of electricity supply, must be properly analysed and quantified, including when and where the problem is expected to arise with reference where applicable to the reliability standard as defined in Article 25 of Regulation (EU) 2019/943. Please provide an analysis identifying and quantifying the security of electricity supply problem. Please provide in the answer details in view of the considerations set out in points 331-333 of the CEEAG. … |
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18. |
In line with point 334 of the CEEAG and for measures related to the risk of electricity crises, please provide the national risk-preparedness plan provided for in Article 11 of Regulation (EU) 2019/941 in which the proposed measure should be identified. … |
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19. |
In line with point 335 of the CEEAG and in case of a proposal to introduce several measures targeting security of electricity supply, please clearly explain how they interact with one another in ensuring the overall cost effectiveness of the combined measures for ensuring security of supply, for example as regards capacity mechanisms by explaining how they reach (but do not go beyond) the reliability standard referred to in point 331. … |
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20. |
In line with point 336 of the CEEAG, please identify the regulatory or market failure(s), along with any other issues preventing a sufficient level of security of electricity supply (and of environmental protection if relevant) being achieved in the absence of intervention. … |
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21. |
In line with point 337 of the CEEAG, please identify existing measures that already target the market or regulatory failure(s) or other issues identified in point 336. In as far as appropriate you may refer to the evidence already provided in response to question 16 above. … |
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22. |
In line with point 338 of the CEEAG, please demonstrate the reasons why the market cannot be expected to deliver security of electricity supply in the absence of State aid, taking account of market reforms and improvements planned by the Member State and technology developments. … |
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23. |
Please provide the following information set out in point 339 of the CEEAG: (a) Assessment of the impact of variable generation, including that originating from neighbouring systems. … (b) Assessment of the impact of demand-side and storage participation, including a description of measures to encourage demand side management. … (c) Assessment of the actual or potential existence of interconnectors and major internal transmission grid infrastructure, including a description of projects under construction and planned. … (d) Assessment of any other element which might cause or exacerbate the security of electricity supply problem, such as caps on wholesale prices or other regulatory or market failures. Where applicable, please provide and take into account the implementation plan for measures eliminating any identified regulatory distortions or market failures, as well as the opinion of the Commission on such implementation plan under Article 20(3) and (5) of Regulation (EU) 2019/943. … (e) Any relevant content in an action plan under Article 15 of the Regulation (EU) 2019/943. … |
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2.1.2. |
Appropriateness To provide the information in this section, please refer to section 4.8.4.2 (points 341-342) of the CEEAG. |
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24. |
In order to assess the compliance with point 341 of the CEEAG: (a) Please explain which alternative ways of achieving security of electricity supply have been considered, in particular more efficient electricity market design that can alleviate the market failures that undermine security of electricity supply. In this respect, point 341 CEEAG provides examples of improvements to electricity market design (improving the functioning of electricity imbalance settlement, better integrating variable generation, incentivising and integrating demand response and storage, enabling efficient price signals, removing barriers to cross-border trade, and improving infrastructure, including interconnection.). … (b) Please demonstrate that despite appropriate and proportionate improvements to market design and investments in network assets, whether already implemented or planned, a security of supply concern remains (point 341 of the CEEAG). … |
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25. |
For network congestion measures, in addition please explain how the efficiency of redispatch measures is being improved in line with Article 13 of Regulation (EU) 2019/943 (point 342 of the CEEAG). … |
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2.1.3. |
Eligibility To provide the information in this section, please refer to section 4.8.4.3 (points 343-346) of the CEEAG. |
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26. |
To demonstrate compliance with point 343 of the CEEAG, please confirm that the measure will be open to all beneficiaries or projects technically capable of contributing efficiently to the achievement of the security of supply objective (e.g. generation, storage, demand response, aggregation of small units into larger blocks). … |
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27. |
In line with point 344 of the CEEAG, please explain whether there are any limitations on participation in the proposed security of supply measure that aim to ensure that the measure does not undermine environmental protection. … |
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28. |
If the notified security of supply measure includes additional criteria or features to promote the participation of greener technologies (or reduce the participation of polluting technologies) necessary to support the delivery of the Union’s environmental protection objectives, please demonstrate that such additional criteria or features are objective, transparent and non-discriminatory in relation to clearly identified environmental protection objectives, and will not result in the overcompensation of beneficiaries (point 345 of the CEEAG). … |
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29. |
In line with point 346 of the CEEAG: (a) Please indicate whether the measure for security of electricity supply will be open to direct cross-border participation of capacity providers located in another Member State. If not, please provide a justification. … (b) Please demonstrate that foreign capacity capable of providing equivalent technical performance to domestic capacities will have the opportunity to participate in the same competitive process as domestic capacity. … (c) If applicable, please demonstrate compliance with the relevant rules set out in Article 26 of Regulation (EU) 2019/943 on cross-border participation in capacity mechanisms. … |
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2.1.4. |
Public consultation To provide the information in this section, please refer to section 4.8.4.4 (points 348-351) of the CEEAG. |
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30. |
Please explain whether or not the measure requires a public consultation under Section 4.8.4.4, and if not, why not. … |
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31. |
If the measure requires a public consultation, please: (a) Specify the duration of the public consultation and provide a summary of the main issues covered. … (b) In line with the requirements in point 350 of the CEEAG, please provide the address of the public website where consultation questionnaires and the government’s summary of the responses will be/are published. |
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2.1.5. |
Proportionality To provide the information in this section, please refer to section 3.2.1.3 (points 49-53 and 55) and section 4.8.4.5. (points 353-357) of the CEEAG. Please note that the following two sections 2.1.5.1. and 2.1.5.2. are alternative. Please provide replies only to the applicable section, depending on the design of the proposed measure |
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2.1.5.1. |
Proportionality of aid granted through a competitive bidding process To provide the information in this section, please refer to section 3.2.1.3 (points 49, 50, 51, 52, 53 and 55) and points 353, 354 and 356 of the CEEAG. For aid granted without a competitive bidding process, this section is not applicable. For such measures, please go directly to section 2.1.5.2. |
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32. |
In order to assess compliance with point 353 CEEAG, and in case not already provided in response to question 16 above, please provide an analysis used to set the level of demand in the notified security of supply measure based on the reliability standard or cost benefit analysis. Please confirm that the analysis used to set the level of demand is at most 12 months old at the point in time when the demand level is set. … |
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33. |
In line with point 354 of the CEEAG, please demonstrate that the lead-time between the granting of the aid and the deadline by when projects must be delivered will allow effective competition between the various eligible projects. … |
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34. |
In line with point 356 of the CEEAG, please demonstrate that the beneficiaries of security of supply measures will have efficient incentives to contribute to security of supply during the delivery period. These incentives should in general be related to the value of lost load (VoLL) as determined according to Article 11 of Regulation (EU) 2019/943. … |
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35. |
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. 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 unit of energy (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, please provide reasons for the proposed approach and explain how it is appropriate to the objectives pursued by the measure. 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 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 confirm that the budget or the volume related to the bidding process is a binding constraint in that it can be expected that not all bidders will receive aid (point 49(c) of the CEEAG). … (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 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. … (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 93 (point 49 and footnote 42 of the CEEAG). … |
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2.1.5.2. |
Proportionality of aid not granted through a competitive bidding process To provide the information in this section, please refer to points 51-55 and 353 to 357 of the CEEAG. This section does not apply to measures in which aid is granted through a competitive bidding process. For such measures, please reply to section 2.5.1.1 above instead. |
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36. |
In order to assess compliance with point 353 of the CEEAG, and in case not already provided in response to question 16 above, please provide an analysis used to set the level of demand in the notified security of supply measure based on the reliability standard or cost benefit analysis. Please confirm that the analysis used to set the level of demand is at most 12 months old at the point in time when the demand level is set. … |
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37. |
In line with point 354 of the CEEAG, please demonstrate that the lead-time between the granting of the aid and the deadline by when projects must be delivered will allow effective competition between the various eligible projects. … |
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38. |
In line with point 356 of the CEEAG, please demonstrate that the beneficiaries of security of supply measures will have efficient incentives to contribute to security of supply during the delivery period. These incentives should in general be related to the value of lost load (VoLL) as determined according to Article 11 of Regulation (EU) 2019/943. … |
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39. |
Please explain why a competitive bidding process is not used (pursuant to point 355 of the CEEAG). … |
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40. |
In the case of aid schemes, please provide a list of reference projects and an explanation for why these have been defined (for example, explaining that within each reference project the costs and revenues can be expected to be broadly similar). For the avoidance of doubt, a reference project is an example project that is representative of the average project in a category of eligible beneficiaries for an aid scheme (point 19(63) of the CEEAG). … |
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41. |
Pursuant to point 51 of the CEEAG, for each reference project (in the case of aid schemes) or for each beneficiary (in the case of individual aid), please demonstrate that the aid does not exceed the minimum necessary, i.e. the difference between the net present value (NPV) for the factual scenario and the NPV for the counterfactual scenario over the lifetime of the reference project or the project. For this assessment, please submit a quantification, for the factual scenario and for a realistic counterfactual scenario, 94 of all main costs and revenues, the estimated weighted average cost of capital (WACC) of the beneficiaries (or of the reference projects in the case of aid schemes) to discount future cash flows, as well as the NPV for the factual and counterfactual scenarios, over the lifetime of the project/reference project. (a) Please provide this in an Annex to this notification form (using an Excel file where all formulas are visible). … (b) Please include detailed information on the assumptions, methodologies, rationale and underlying sources thereof, used for each aspect of the quantification of costs and revenues in the factual scenario and the likely counterfactual scenario (for instance please include the assumptions used to develop those scenarios and the source/rationale for these assumptions). … (c) You may also attach to this notification form the documents mentioned in footnote 39 of the CEEAG. Board documents may be particularly useful for individual aid measures or schemes benefitting a particularly limited number of beneficiaries. If such documents are attached to the notification form, please provide below a list of those documents, specifying the author, the date when they were drafted and the context when they were used. … |
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42. |
If point 55 of the CEEAG is applicable, please provide information on the compensation models that the Member State might intend to introduce (a mix of ex ante and ex post or ex post claw-back or cost monitoring mechanisms). If point 55 of the CEEAG is not applicable for the measure(s), please provide a justification. … |
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43. |
If the notified measure(s) takes the form of a competitive certificates or supplier obligation scheme (point 357 of the CEEAG), please: (a) confirm that demand in the scheme will be set below potential supply; and … (b) explain how the buyout/penalty price will be established and ensures that there will be no overcompensation. … |
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2.1.6. |
Cumulation To provide the information in this section, please refer to points 56 and 57 of the CEEAG. |
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44. |
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 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. Please note that you may wish to refer to the quantification provided above. … |
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45. |
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 the CEEAG. The maximum aid amount allowed under the CEEAG is either the amount of aid factored in the successful bid or, in the absence of a competitive process, the funding gap taking into account all main revenues including other sources of aid (point 51 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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46. |
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 95 (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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2.1.7. |
Transparency To provide the information in this section, please refer to section 3.2.1.4 (points 58-61) of the CEEAG. |
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47. |
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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48. |
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 on competition and trade and balancing To provide the information in this section, please refer to section 4.8.5 (points 359-370) and section 3.3 (points 71-76) of the CEEAG. |
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49. |
In order to verify compliance with points 359, 360 and 361 of the CEEAG, please: (a) demonstrate (in case not already provided in response to question 23 above) that the aid is designed to maintain the efficient functioning of markets and preserve efficient operation incentives and price signals. … (b) confirm the absence of incentives for the generation of energy that would displace less polluting forms of energy. … (c) indicate whether the measure pays for capacity (EUR per megawatt (MW)) or for electricity output (EUR/MWh). … |
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50. |
Please provide evidence that the measure meets any applicable design conditions in Article 22 of Regulation (EU) 2019/943 (point 362 of the CEEAG). … |
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51. |
For strategic reserves and any other measure(s) for resource adequacy, including interruptibility schemes, where capacity is held outside the market, to ensure market price formation is not distorted, please demonstrate, in line with point 363 of the CEEAG, that the following cumulative conditions are met: (a) The resources of the measure(s) are to be dispatched only if the transmission system operators are likely to exhaust their balancing resources to establish an equilibrium between demand and supply. … (b) During imbalance settlement periods where resources in the measure(s) are dispatched, imbalances in the market are to be settled at least at VOLL or at a higher value than the intraday technical price limit, whichever is higher. … (c) The output of the measure(s) following dispatch is to be attributed to balance responsible parties through the imbalance settlement mechanism. … (d) The resources do not receive remuneration from the wholesale electricity market or balancing markets. … (e) The resources in the measure(s) are to be held outside the energy markets for at least the duration of the contractual period. … |
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52. |
For network congestion measures, where resources are held outside the market, please confirm that those resources will not receive remuneration from the wholesale electricity market or balancing markets and that they will be held outside the energy markets for at least the duration of the contractual period (point 364 of the CEEAG). … |
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53. |
For capacity mechanisms other than strategic reserves, please demonstrate, in line with point 365 of the CEEAG, that the measure: (a) Is constructed so as to ensure that the price paid for availability automatically tends to zero when the level of capacity supplied is expected to be adequate to meet the level of capacity demanded. … (b) Remunerates the participating resources only for their availability and ensure that the remuneration does not affect decisions of the capacity provider on whether or not to generate. … (c) Enables capacity obligations to be transferable between eligible capacity providers. … |
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54. |
In order to verify compliance with point 366 of the CEEAG, please demonstrate that the measure will not: (a) Create undue market distortions nor limit cross-zonal trade. … (b) Reduce incentives to invest in interconnection capacity – for example by reducing congestion revenue for existing or new interconnectors. … (c) Undermine market coupling, including intra-day and balancing markets. … (d) Undermine investment decisions on capacity which preceded the measure. … |
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55. |
In order to verify compliance with point 367 of the CEEAG, please demonstrate that the costs of the notified measure will be borne by the market participants who contribute to the need for the measure(s). If you consider that such a cost allocation is not required, please explain why this is the case and provide evidence, including that gathered in the public consultation. 96 … |
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56. |
Pursuant to point 72 of the CEEAG, please justify the compliance of the notified measure with 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 97, including the ‘do no significant harm’ 98 principle, or other comparable methodologies. … |
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57. |
Pursuant to point 75 of the CEEAG, in cases where the Member State chooses to implement a competitive bidding procedure, please clarify if the notified measure includes features to facilitate the participation of SMEs or renewable energy communities. In the affirmative, please provide information on those features and justify how the positive effects of ensuring participation and acceptance of SMEs in the notified measure(s) outweigh the possible distortive effects. … |
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58. |
In order to verify compliance with points 368 and 369 of the CEEAG, please: (a) If the notified measure incentivises new investments in the most polluting fossil fuels, explain whether the measure, including network congestion measures and interruptibility schemes, respects the emissions threshold applicable to capacity mechanisms set out in Article 22 of Regulation (EU) 2019/943. … (b) If the notified measure incentivises new investments in energy generation based on natural gas, explain how the measure will ensure that it contributes to achieving the Union’s 2030 climate target and 2050 climate neutrality target. In particular, explain how a lock in of this gas-fired energy generation or gas-fired production equipment will be avoided. … |
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59. |
For individual aid measures or schemes benefitting only a particularly limited number of beneficiaries or an incumbent beneficiary, in addition, please demonstrate that the proposed aid measure will not lead to increased market power (point 370 of the CEEAG). … |
Section C: Evaluation
To provide the information in this section, please refer to point 76(a) and Section 5 (points 455-463) of the CEEAG.
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60. |
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. 99 … |
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61. |
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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62. |
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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63. |
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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64. |
In line with the provisions of 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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65. |
In line with the provisions of 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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66. |
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.K
Supplementary information sheet for State aid granted under the Guidelines on State aid for climate, environmental protection and energy 2022 (hereafter ‘CEEAG’) - Section 4.9 – Aid for energy infrastructure
This supplementary information sheet concerns measures covered in Section 4.9 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 reduction and removal of greenhouse gas 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 to 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 measure is planned to enter into force; … |
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2.2. |
If the measure concerns an aid scheme, please indicate its duration. 100 … |
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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 States 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 individual aid is granted under the measure(s) in favour of an undertaking (as part of a scheme or not) 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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