Commission Decision (EU) 2022/1920 of 26 January 2022 on the State aid SA.59974 –... (32022D1920)
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
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