INHALT

Commission Decision (EU) 2022/1920 of 26 January 2022 on the State aid SA.59974 – 2021/C (ex 2020/N, ex 2020/PN) which Romania partly implemented for Complexul Energetic Oltenia SA (notified under document C(2022) 553) (Only the English version is authentic) (Text with EEA relevance)

COMMISSION DECISION (EU) 2022/1920
of 26 January 2022
on the State aid SA.59974 – 2021/C (ex 2020/N, ex 2020/PN) which Romania partly implemented for Complexul Energetic Oltenia SA
(notified under document C(2022) 553)
(Only the English version is authentic)
(Text with EEA relevance)
1.
PROCEDURE
2.
DETAILED DESCRIPTION OF THE MEASURES
2.1.
The beneficiary
2.2.
The background to the measure
2.2.1.
Rescue aid
2.2.2.
The financial difficulties of CE Oltenia and part of restructuring aid implemented
2.3.
The measures
2.4.
Initial restructuring plan for CE Oltenia
2.5.
Reasons for initiating the formal investigation procedure
2.5.1.
Doubts about the appropriateness of aid
2.5.2.
Doubts about the presence of real and actual own contribution free of aid from the beneficiary and the presence and effectiveness of burden sharing
2.5.3.
Doubts about the restoration of long-term viability and restructuring within a reasonable timescale
2.5.4.
Doubts about the presence and effectiveness of meaningful measures to limit distortions of competition
3.
COMMENTS FROM OTHER PARTIES
3.1.
European Environmental Bureau (EEB)
3.2.
Bankwatch Romania/ClientEarth
3.3.
Greenpeace
4.
COMMENTS FROM ROMANIA
4.1.
Observations on doubts raised in the opening decision
4.2.
Observations on third parties’ comments
4.3.
The revised restructuring plan of 24 June 2021
4.3.1.
Description of restructuring operational measures
4.3.2.
Financing of the restructuring plan
4.3.2.1.
Restructuring costs
4.3.2.2.
Sources of financing of the restructuring measures
(a) Public funding
(b) Own contribution
4.3.2.3.
Burden sharing and contribution by Fondul Proprietatea
4.3.3.
Financial projections
4.3.4.
Measures to limit distortions of competition
5.
ASSESSMENT OF THE MEASURES
5.1.
Existence of State aid
5.1.1.
State resources and imputability to the State
5.1.2.
Advantage
5.1.3.
Selectivity
5.1.4.
Distortion of competition and effect on trade
5.1.5.
Conclusion on the existence of State aid
5.2.
Lawfulness of the measures
5.3.
Compatibility of the aid with the internal market
5.3.1.
The aid facilitates the development of certain economic activities or certain economic areas
5.3.1.1.
Prevention of social hardship or market failure contributing to the development of economic activity or an economic area
5.3.1.2.
Restructuring plan and return to long-term viability
5.3.2.
Positive effects of the aid on the development of economic activities or of economic areas outweigh the negative effects, in terms of distortions of competition and adverse effects on trade
5.3.2.1.
Necessity of the aid
5.3.2.2.
Appropriateness of the aid
5.3.2.3.
Proportionality, own contribution and burden-sharing
5.3.2.4.
‘One time, last time’ principle and limitation of distortions of competition
5.3.2.5.
Transparency and reporting
5.3.2.6.
Balancing positive and negative effects
5.4.
Conclusion on compatibility
6.
CONCLUSION
Article 1
Article 2
Article 3
Article 4