COM(2008)751 - State Aid Scoreboard - Autumn 2008 Update -
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official title
Report from the Commission - State Aid Scoreboard - Autumn 2008 Update -| Legal instrument | Report |
|---|---|
| reference by COM-number210 | COM(2008)751  |
| Additional COM-numbers | COM(2008)751 |
| CELEX number213 | 52008DC0751 |
| Document | 17-11-2008 |
|---|---|
| Online publication | 17-11-2008 |
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- 1.
- 2.
- 3.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.
- 4.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 5.
- 6.
- 7.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.
- 8.Case C61/1999 in which the Commission reached a negative decision on 19.6.2002.
- 9.C 13a/2003 Mesures Financières-France Telecom.
- 10.The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector, aid for compensation for services of general economic interest due to the lack of comparable data.
- 11.
- 12.Case NN70/2007. The amount of aid is based on the rescue aid awarded to Northern Rock and has been estimated for Scoreboard purposes only.
- 13.Case C9/2008.
- 14.See footnote 12
- 15.Article 88 EC Treaty; detailed provisions in Council Regulation No 659/1999 of 22 March 1999, OJ L 83/1, 27.03.1999, p. 1-9.
- 16.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 17.Article 7(1) of the Council Regulation (EC) No 1198/2006, OJ L 223, 15.8.2006, p. 1.
- 18.In 2007 there were just under 250 registered complaints, some of which led (or may lead) to new registered state aid cases.
- 19.Of this figure, 347 concerned industry and services, 202 agriculture, 61 transport and 19 fisheries. Included are the following types of decision: decisions do not constitute aid, decisions not to raise objections, positive decisions, conditional decisions and negative decisions. Other types of decision such as corrigenda as well as measures withdrawn by Member States after a formal investigation are excluded.
- 20.COM(2005) 107 final, 7.6.2005.
- 21.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 22.Commission Regulation (EC) No 800/2008 of 6 August 2008 on the application of Articles 87 and 88 of the Treaty declaring certain categories of aid compatible with the common market, OJ L 214, 9.8.2008, p. 3.
- 23.Community Guidelines for State aid for environmental protection, OJ C 82, 1.4.2008, p. 1; cf. paragraph 14.
- 24.State Aid Action Plan, COM(2005) 107 final, available online at: eur-lex.europa.eu/LexUriServ:52005DC0107:EN:NOT, Figure 1: Roadmap 2005-2009 (indicative).
- 25.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 26.Study on the enforcement of State aid law at national level, available at ec.europa.eu/comm/competition/state_aid
- 27.Commission Notice on cooperation between national courts and the Commission in the State aid field (OJ C 312, 23.11.1995, p. 8).
- 28.In spite of the Member
- 29.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.
- 30.
- 31.Council Regulation No 659/1999 of 22 March 1999, OJ L 83/1, 27.3.1999, p. 1-9.
- 32.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 33.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.
- 34.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.
- 35.See in particular points 52 to 54 of the SAAP.
- 36.The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector, aid for compensation for services of general economic interest due to the lack of comparable data.
- 37.Other non manufacturing sectors includes aid for mining and quarrying, oil and gas extraction, aid for electricity, gas and water supply and aid for construction.
- 38.The ten Member States that joined the EU in 2004 plus Bulgaria and Romania.
- 39.
- 40.
- 41.These percentages exclude those measures with a horizontal objective that are nevertheless earmarked for the manufacturing and services sectors.
- 42.Such cases are denoted by a
- 43.Case C 50/2006 (NN 68/2006) Restructuring aid to BAWAG (decision 27.6.2007).
- 44.Community Framework for State aid for Research and Development and Innovation, OJ C 323 of 30.12.2006, p. 1.
- 45.For predominantly fundamental research projects: aid to an undertaking above
- 46.IP/08/1003.
- 47.Community guidelines on state aid to promote risk capital investments in small and medium-sized enterprises, OJ C 194 of 18.8.2006, pages 2-22.
- 48.Targets set by the March 2007 Council.
- 49.OJ C 82 of 01.04.2008, p. 1.
- 50.Expenditure data currently available for this category of aid measures indicate the amount of tax revenue foregone and can therefore not serve as a proxy measure for the environmental benefit the taxes themselves have brought. In 2006, some 53 % of total expenditure (around
- 51.OJ C 54/13 of 4.3.2006.
- 52.As planned, the provisions of the BER RAG were included in the recently approved General Block Exemption Regulation (Commission Regulation (EC) No 800/2008 of 6 August 2008 describing certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty).
- 53.
- 54.See page 11 of the Evaluation report on the application of Council Regulation (EC) No 994/98 of 7 May 1998, COM(2006)831 final of 21.12.2006.
- 55.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.
- 56.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 57.Case C-280/00, ECR I-7747.
- 58.Commission Decision on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, OJ L 312, of 29.11.2005 p. 67-73.
- 59.Community framework for State aid in the form of public service compensation, OJ C 297, of 29.11.2005 p. 4-7.
- 60.Commission Directive on transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version), OJ L 318, of 17.11.2006, p 17 - 25.
- 61.COM(2007) 725 final, Communication on Services of general interest, including social services of general interest: a new European commitment.
- 62.SEC(2007) 1516 final. Commission staff working document :"Frequently asked questions in relation with Commission Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, and of the Community Framework for State aid in the form of public service compensation".
- 63.Communication from the Commission on the application of State aid rules to public service broadcasting. OJ C 320, of 15.11.2001, p 5-11.
- 64.Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services, OJ L 52, p 3.
- 65.Cases T-613/97, C-341/06 and C-342/06. Judgement of the Court (Grand Chamber) of 1 July 2008.
- 68.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.
- 69.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 70.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.
- 71.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.
- 72.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, as amended.
- 73.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, as amended.
- 74.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, as amended.
- 75.Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p.
- 76.OJ C 350/1994 of 10.12.1994, p 5-20.
- 77.
- 78.OJ C 312/2005 of 9.12.2005, p.1-14.
- 79.Community guidelines on the application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to State aids in the aviation sector, OJ C350 of 10 December 1994.
- 80.
- 81.The discrepancy between this figure and the total for 2006 (almost
- 82.
- 83.
- 84.
- 85.Case NN70/2007
- 86.Case NN25/2008
- 87.Case NN36/2008
- 88.Case NN44/2008
- 89.Case C9/2008
- 90.Case NN48/2008
- 91.Case N507/2008
- 92.Case NN51/2008
- 93.
- 94.OJ C 317, 30.12.2003, p. 11.
- 95.OJ C 260, 28.10.2006, p. 7.
- 96.
- 97.
- 98.
- 99.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.
- 100.
- 101.
- 102.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.
- 103.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.
- 104.
- 105.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.
- 106.
- 107.
- 108.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.
- 109.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 110.
- 111.
- 112.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.
- 113.Case C61/1999 in which the Commission reached a negative decision on 19.6.2002.
- 114.C 13a/2003 Mesures Financières-France Telecom.
- 115.The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector, aid for compensation for services of general economic interest due to the lack of comparable data.
- 116.
- 117.Case NN70/2007. The amount of aid is based on the rescue aid awarded to Northern Rock and has been estimated for Scoreboard purposes only.
- 118.Case C9/2008.
- 119.See footnote 12
- 120.Article 88 EC Treaty; detailed provisions in Council Regulation No 659/1999 of 22 March 1999, OJ L 83/1, 27.03.1999, p. 1-9.
- 121.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 122.Article 7(1) of the Council Regulation (EC) No 1198/2006, OJ L 223, 15.8.2006, p. 1.
- 123.In 2007 there were just under 250 registered complaints, some of which led (or may lead) to new registered state aid cases.
- 124.Of this figure, 347 concerned industry and services, 202 agriculture, 61 transport and 19 fisheries. Included are the following types of decision: decisions do not constitute aid, decisions not to raise objections, positive decisions, conditional decisions and negative decisions. Other types of decision such as corrigenda as well as measures withdrawn by Member States after a formal investigation are excluded.
- 125.COM(2005) 107 final, 7.6.2005.
- 126.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 127.Commission Regulation (EC) No 800/2008 of 6 August 2008 on the application of Articles 87 and 88 of the Treaty declaring certain categories of aid compatible with the common market, OJ L 214, 9.8.2008, p. 3.
- 128.Community Guidelines for State aid for environmental protection, OJ C 82, 1.4.2008, p. 1; cf. paragraph 14.
- 129.State Aid Action Plan, COM(2005) 107 final, available online at: eur-lex.europa.eu/LexUriServ:52005DC0107:EN:NOT, Figure 1: Roadmap 2005-2009 (indicative).
- 130.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 131.Study on the enforcement of State aid law at national level, available at ec.europa.eu/comm/competition/state_aid
- 132.Commission Notice on cooperation between national courts and the Commission in the State aid field (OJ C 312, 23.11.1995, p.
8).
- 133.In spite of the Member
- 134.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.
- 135.
- 136.Council Regulation No 659/1999 of 22 March 1999, OJ L 83/1, 27.3.1999, p. 1-9.
- 137.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 138.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.
- 139.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.
- 140.See in particular points 52 to 54 of the SAAP.
- 141.The total covers aid to manufacturing, services, coal, agriculture, fisheries and part of the transport sector but excludes aid to the railway sector, aid for compensation for services of general economic interest due to the lack of comparable data.
- 142.Other non manufacturing sectors includes aid for mining and quarrying, oil and gas extraction, aid for electricity, gas and water supply and aid for construction.
- 143.The ten Member States that joined the EU in 2004 plus Bulgaria and Romania.
- 144.
- 145.
- 146.These percentages exclude those measures with a horizontal objective that are nevertheless earmarked for the manufacturing and services sectors.
- 147.Such cases are denoted by a
- 148.Case C 50/2006 (NN 68/2006) Restructuring aid to BAWAG (decision 27.6.2007).
- 149.Community Framework for State aid for Research and Development and Innovation, OJ C 323 of 30.12.2006, p. 1.
- 150.For predominantly fundamental research projects: aid to an undertaking above
- 151.IP/08/1003.
- 152.Community guidelines on state aid to promote risk capital investments in small and medium-sized enterprises, OJ C 194 of 18.8.2006, pages 2-22.
- 153.Targets set by the March 2007 Council.
- 154.OJ C 82 of 01.04.2008, p. 1.
- 155.Expenditure data currently available for this category of aid measures indicate the amount of tax revenue foregone and can therefore not serve as a proxy measure for the environmental benefit the taxes themselves have brought. In 2006, some 53 % of total expenditure (around
- 156.OJ C 54/13 of 4.3.2006.
- 157.As planned, the provisions of the BER RAG were included in the recently approved General Block Exemption Regulation (Commission Regulation (EC) No 800/2008 of 6 August 2008 describing certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty).
- 158.
- 159.See page 11 of the Evaluation report on the application of Council Regulation (EC) No 994/98 of 7 May 1998, COM(2006)831 final of 21.12.2006.
- 160.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.
- 161.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 162.Case C-280/00, ECR I-7747.
- 163.Commission Decision on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, OJ L 312, of 29.11.2005 p. 67-73.
- 164.Community framework for State aid in the form of public service compensation, OJ C 297, of 29.11.2005 p. 4-7.
- 165.Commission Directive on transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version), OJ L 318, of 17.11.2006, p 17 - 25.
- 166.COM(2007) 725 final, Communication on Services of general interest, including social services of general interest: a new European commitment.
- 167.SEC(2007) 1516 final. Commission staff working document :"Frequently asked questions in relation with Commission Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, and of the Community Framework for State aid in the form of public service compensation".
- 168.Communication from the Commission on the application of State aid rules to public service broadcasting. OJ C 320, of 15.11.2001, p 5-11.
- 169.Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services, OJ L 52, p 3.
- 170.Cases T-613/97, C-341/06 and C-342/06. Judgement of the Court (Grand Chamber) of 1 July 2008.
- 173.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.
- 174.Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, OJ L 379, 28.12.2006, p. 5.
- 175.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.
- 176.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.
- 177.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, as amended.
- 178.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, as amended.
- 179.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, as amended.
- 180.Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p.
- 181.OJ C 350/1994 of 10.12.1994, p 5-20.
- 182.
- 183.OJ C 312/2005 of 9.12.2005, p.1-14.
- 184.Community guidelines on the application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to State aids in the aviation sector, OJ C350 of 10 December 1994.
- 185.
- 186.The discrepancy between this figure and the total for 2006 (almost
- 187.
- 188.
- 189.
- 190.Case NN70/2007
- 191.Case NN25/2008
- 192.Case NN36/2008
- 193.Case NN44/2008
- 194.Case C9/2008
- 195.Case NN48/2008
- 196.Case N507/2008
- 197.Case NN51/2008
- 198.
- 199.OJ C 317, 30.12.2003, p. 11.
- 200.OJ C 260, 28.10.2006, p. 7.
- 201.
- 202.
- 203.
- 204.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.
- 205.
- 206.
- 207.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.
- 208.
- 209.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.
- 210.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.
- 211.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.
- 212.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.
- 213.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.
- 214.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.