COM(2005)147 - State Aid Scoreboard spring 2005 update

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1. Key information

official title

Report - State Aid Scoreboard spring 2005 update

Legal instrument	Report
reference by COM-number¹⁶³	COM(2005)147
Additional COM-numbers	COM(2005)147
CELEX number¹⁶⁶	52005DC0147

2. Key dates

Document	20-04-2005
Online publication	20-04-2005

3. Related information

Explanatory memorandum

Legal provisions

Annexes

4. Full version

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1.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
2.
Total excludes aid to the railway sector.
3.
It should however be noted that Directive 2004/18/EC on public procurements does not apply to broadcasting activities.
4.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
5.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
6.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
7.
Total excludes aid to the railway sector.
8.
The new provisions can be found in Commission Regulation (EC) No 794/2004 of 21 April 2004. Annex IIIA covers all sectors except agriculture (Annex IIIB) and fisheries (Annex IIIC) : europa.eu.int/eur-lex/en/archive/2004
9.
The measure constitutes state aid if it is granted by a Member State or through State resources, it distorts or threatens to distort competition, it favours certain undertakings or the production of certain goods, and it affects trade between Member States.
10.
Expenditure under the block exemption regulations is also included.
11.
Case C-280/00 of 24 July 2003 concerning the grant of licences for scheduled bus transport services in the Landkreis of Stendal (Germany) and public subsidies for operating those services.
12.
C 61/1999 in which the Commission reached a negative decision on 19.6.2002.
13.
The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector (see section 1.3).
14.
Total excludes aid to the railway sector.
15.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
16.
The rate of corporation tax in Ireland has been cut progressively in recent years and is 12.5% from 2003. This has reduced the comparative value of the preferential 10% rate to the manufacturing sector, therefore contributing to the decline, in monetary terms, of aid to this sector.
17.
Although the scheme was stopped in 2000 and there are no new companies benefiting from the aid, there is considerable ongoing expenditure. Payments will cease in 2011.
18.
For the purposes of the Scoreboard, the manufacturing sector includes aid for steel, shipbuilding, other manufacturing sectors, aid for general economic development and aid for horizontal objectives including research and development, SMEs, environment, energy saving, employment and training for which the specific sector is not always known. As a result, data on aid to manufacturing may be overestimated.
19.
Data for the agricultural sector refer to the year 2002 as figures for 2003 are not yet available.
20.
Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.
21.
Regulation (EEC) No 1107/70 of the Council of 4 June 1970 on the granting of aid for transport by rail, road and inland waterway.
22.
Regulation (EEC) No 1192/69 on common rules for the normalisation of accounts of railway undertakings is particularly important from a State aid monitoring perspective as it exempts from the notification procedure a number of different compensations from public authorities to railway undertakings.
23.
In particular, Article 17(2) of Regulation (EEC) 1191/69 exempts from the notification procedure compensations paid pursuant to the provisions laid down in the regulation.
24.
White Paper
25.
Council Regulation (EC) No 1407/2002 of 23 July 2002. In addition, the provisions of Article 88 EC Treaty and Council Regulation (EC) No 659/1999 also apply.
26.
The rate of corporation tax in Ireland has been cut progressively in recent years and is 12.5% from 2003. This has reduced the comparative value of the preferential 10% rate to the manufacturing sector, therefore contributing to the decline, in monetary terms, of aid to this sector.
27.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
28.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
29.
For the purposes of the Scoreboard, a secondary objective is one for which, in addition to the primary objective, the aid was exclusively earmarked at the time the aid was approved. For example, a scheme whose primary objective is
30.
N 449/2001 (OJ C 137, 8.6.2002).
31.
Source: DG Research ; Data: OECD, Eurostat.
32.
In May 2005, the Commission will adopt a Communication following up the action plan which has been worked out to implement the Barcelona Council conclusions. The Communication will report on the progress made towards achieving the Barcelona targets and provide detailed figures on
33.
This figure includes all aid specifically earmarked for assisted
34.
Article 87(3)(a) provides that aid
35.
Total State aid less agriculture, fisheries and transport.
36.
Including aid for cohesion objectives (regional aid).
37.
This figure excludes aid earmarked for the manufacturing sector which had a horizontal objective.
38.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
39.
OJ C 320, 15.11.2001, p. 5.
40.
OJ C 30, 5.2.1999, p. 1
41.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
42.
According to Article 311 EC Treaty.
43.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
44.
C-53/00 - Judgment of 22.11.2001, Ferring, Rec. 2001, p. I-9067.
45.
Judgement of 24 July 2003, Case C-280/00, Altmark Trans, ECR 2003 p. I-7747.
46.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
47.
OJ L 195, 29.7.1980, p. 35, as last amended by Directive 2000/52/EC (OJ L 193, 29.7.2000, p. 75).
48.
In 2004 there were 223 registered complaints, some of which may lead to new registered cases.
49.
This figure excludes the information sheets submitted under the block exemption regulations as well as the 72 cases which were withdrawn during the course of the year.
50.
The vast majority concerned agricultural cases in the new Member States.
51.
Commission Regulations (EC) No 70/2001 of 12 January 2001 on State aid to SMEs (OJ L 10, 13.1.2001, p. 33); (EC) No 68/2001 of 12 January 2001 on training aid (OJ L 10, 13.1.2001, p. 20); (EC) No 2204/2002 of 5 December 2002 on State aid for employment (OJ L 337, 13.12.2002,
52.
Excluded under
53.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
54.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
55.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
56.
Total excludes aid to the railway sector.
57.
On 31.12.2004, there were still a further 21 recovery decisions pending that were adopted before 1.1.2000.
58.
In these 17 cases, only
59.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
60.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
61.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
62.
europa.eu.int/growthandjobs/index_en
63.
EU-15: 56,2%; US: 63,1%; Japan: 73,9% (Source :DG Research; Data: OECD, Eurostat).
64.
europa.eu.int/comm/competition/state_aid/others
65.
Introduced by Directive 2003/87/EC of 13 October 2003 (OJ L 275, 25.10.2003, p. 32).
66.
To date, all Member States except France excluded banking.
67.
On 7 July the Commission decided on the NAPs of Denmark, Ireland, the Netherlands, Slovenia, Sweden, Austria, Germany and the UK; on 20 October decisions were taken on the NAPs of Belgium, Estonia, Latvia, Luxembourg, the Slovak Republic, Portugal, Finland and
68.
Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium sized enterprises active in the production, processing and marketing of fisheries products (OJ L 291, 14.9.2004, p. 3).
69.
OJ C 229, 14.9.2004, p. 5.
70.
Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors (OJ L 325, 28.10.2004, p. 4)
71.
OJ C 13, 17.1.2004, p. 3.
72.
C-53/00 Judgment of 22.11.2001, Ferring, Rec.2001, p.I-9067. The Court stated that any compensation proportional to the net costs incurred in the discharge of a public service obligation was not to be considered as a State aid.
73.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
74.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
75.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
76.
The advantage deriving from this measure has not been quantified in the decision (see paragraph 128).
77.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
78.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
79.
This decision follows the decision of reimbursement of illegal state aid (C 2/2003).
80.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
81.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
82.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
83.
Total excludes aid to the railway sector.
84.
It should however be noted that Directive 2004/18/EC on public procurements does not apply to broadcasting activities.
85.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
86.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
87.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
88.
Total excludes aid to the railway sector.
89.
The new provisions can be found in Commission Regulation (EC) No 794/2004 of 21 April 2004. Annex IIIA covers all sectors except agriculture (Annex IIIB) and fisheries (Annex IIIC) : europa.eu.int/eur-lex/en/archive/2004
90.
The measure constitutes state aid if it is granted by a Member State or through State resources, it distorts or threatens to distort competition, it favours certain undertakings or the production of certain goods, and it affects trade between Member States.
91.
Expenditure under the block exemption regulations is also included.
92.
Case C-280/00 of 24 July 2003 concerning the grant of licences for scheduled bus transport services in the Landkreis of Stendal (Germany) and public subsidies for operating those services.
93.
C 61/1999 in which the Commission reached a negative decision on 19.6.2002.
94.
The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector (see section 1.3).
95.
Total excludes aid to the railway sector.
96.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
97.
The rate of corporation tax in Ireland has been cut progressively in recent years and is 12.5% from 2003. This has reduced the comparative value of the preferential 10% rate to the manufacturing sector, therefore contributing to the decline, in monetary terms, of aid to this sector.
98.
Although the scheme was stopped in 2000 and there are no new companies benefiting from the aid, there is considerable ongoing expenditure. Payments will cease in 2011.
99.
For the purposes of the Scoreboard, the manufacturing sector includes aid for steel, shipbuilding, other manufacturing sectors, aid for general economic development and aid for horizontal objectives including research and development, SMEs, environment, energy saving, employment and training for which the specific sector is not always known. As a result, data on aid to manufacturing may be overestimated.
100.
Data for the agricultural sector refer to the year 2002 as figures for 2003 are not yet available.
101.
Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway.
102.
Regulation (EEC) No 1107/70 of the Council of 4 June 1970 on the granting of aid for transport by rail, road and inland waterway.
103.
Regulation (EEC) No 1192/69 on common rules for the normalisation of accounts of railway undertakings is particularly important from a State aid monitoring perspective as it exempts from the notification procedure a number of different compensations from public authorities to railway undertakings.
104.
In particular, Article 17(2) of Regulation (EEC) 1191/69 exempts from the notification procedure compensations paid pursuant to the provisions laid down in the regulation.
105.
White Paper
106.
Council Regulation (EC) No 1407/2002 of 23 July 2002. In addition, the provisions of Article 88 EC Treaty and Council Regulation (EC) No 659/1999 also apply.
107.
The rate of corporation tax in Ireland has been cut progressively in recent years and is 12.5% from 2003. This has reduced the comparative value of the preferential 10% rate to the manufacturing sector, therefore contributing to the decline, in monetary terms, of aid to this sector.
108.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
109.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
110.
For the purposes of the Scoreboard, a secondary objective is one for which, in addition to the primary objective, the aid was exclusively earmarked at the time the aid was approved. For example, a scheme whose primary objective is
111.
N 449/2001 (OJ C 137, 8.6.2002).
112.
Source: DG Research ; Data: OECD, Eurostat.
113.
In May 2005, the Commission will adopt a Communication following up the action plan which has been worked out to implement the Barcelona Council conclusions. The Communication will report on the progress made towards achieving the Barcelona targets and provide detailed figures on
114.
This figure includes all aid specifically earmarked for assisted
115.
Article 87(3)(a) provides that aid
116.
Total State aid less agriculture, fisheries and transport.
117.
Including aid for cohesion objectives (regional aid).
118.
This figure excludes aid earmarked for the manufacturing sector which had a horizontal objective.
119.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
120.
OJ C 320, 15.11.2001, p. 5.
121.
OJ C 30, 5.2.1999, p. 1
122.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
123.
According to Article 311 EC Treaty.
124.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
125.
C-53/00 - Judgment of 22.11.2001, Ferring, Rec. 2001, p. I-9067.
126.
Judgement of 24 July 2003, Case C-280/00, Altmark Trans, ECR 2003 p. I-7747.
127.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
128.
OJ L 195, 29.7.1980, p. 35, as last amended by Directive 2000/52/EC (OJ L 193, 29.7.2000, p. 75).
129.
In 2004 there were 223 registered complaints, some of which may lead to new registered cases.
130.
This figure excludes the information sheets submitted under the block exemption regulations as well as the 72 cases which were withdrawn during the course of the year.
131.
The vast majority concerned agricultural cases in the new Member States.
132.
Commission Regulations (EC) No 70/2001 of 12 January 2001 on State aid to SMEs (OJ L 10, 13.1.2001, p. 33); (EC) No 68/2001 of 12 January 2001 on training aid (OJ L 10, 13.1.2001, p. 20); (EC) No 2204/2002 of 5 December 2002 on State aid for employment (OJ L 337, 13.12.2002,
133.
Excluded under
134.
The figures include state aid measures to the manufacturing, service and coal sectors as well as the fisheries sector.
135.
Including aid for energy saving which was reported separately in previous updates of the Scoreboard.
136.
Aid given via the Treuhandanstalt or the Bundesanstalt für vereinigungsbedingte Sonderaufgaben.
137.
Total excludes aid to the railway sector.
138.
On 31.12.2004, there were still a further 21 recovery decisions pending that were adopted before 1.1.2000.
139.
In these 17 cases, only
140.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
141.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
142.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
143.
europa.eu.int/growthandjobs/index_en
144.
EU-15: 56,2%; US: 63,1%; Japan: 73,9% (Source :DG Research; Data: OECD, Eurostat).
145.
europa.eu.int/comm/competition/state_aid/others
146.
Introduced by Directive 2003/87/EC of 13 October 2003 (OJ L 275, 25.10.2003, p. 32).
147.
To date, all Member States except France excluded banking.
148.
On 7 July the Commission decided on the NAPs of Denmark, Ireland, the Netherlands, Slovenia, Sweden, Austria, Germany and the UK; on 20 October decisions were taken on the NAPs of Belgium, Estonia, Latvia, Luxembourg, the Slovak Republic, Portugal, Finland and
149.
Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium sized enterprises active in the production, processing and marketing of fisheries products (OJ L 291, 14.9.2004, p.

3).
150.
OJ C 229, 14.9.2004, p. 5.
151.
Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sectors (OJ L 325, 28.10.2004, p.

4)
152.
OJ C 13, 17.1.2004, p. 3.
153.
C-53/00 Judgment of 22.11.2001, Ferring, Rec.2001, p.I-9067. The Court stated that any compensation proportional to the net costs incurred in the discharge of a public service obligation was not to be considered as a State aid.
154.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
155.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
156.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
157.
The advantage deriving from this measure has not been quantified in the decision (see paragraph 128).
158.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
159.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
160.
This decision follows the decision of reimbursement of illegal state aid (C
161.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
162.
Total State aid in the sense of Article (87)1 of the Treaty, covering manufacturing, services, coal, agriculture, fisheries and transport with the exception of the railway sector.
163.
De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
164.
De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
165.
Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
166.
Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
167.
Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.

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Key information

official title

2.

Key dates

3.

Related information

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Full version

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EU Monitor