INHALT

Commission Decision (EU) 2023/2390 of 3 March 2023 on measure SA.43147 (2020/C) (ex 2019/NN) Belgium – Complaint concerning the granting by the Walloon Region of alleged unlawful aid to Renewi (notified under document C(2023) 1419)

COMMISSION DECISION (EU) 2023/2390
of 3 March 2023
on measure SA.43147 (2020/C) (ex 2019/NN)
Belgium – Complaint concerning the granting by the Walloon Region of alleged unlawful aid to Renewi
(notified under document C(2023) 1419)
(Only the French version is authentic)
(Text with EEA relevance)
1.
PROCEDURE
2.
DETAILED DESCRIPTION OF THE ALLEGED AID MEASURE
2.1.
Title and description of the alleged aid measure
2.2.
Applicable national tax legislation
2.3.
Applicable Walloon environmental legislation
2.4.
Applicable European environmental legislation
2.4.1.
Concepts of disposal and recovery in European law
2.4.2.
Classification as a waste recovery operation
2.4.3.
Conservation condition
2.4.4.
Suitability condition
2.5.
Description of the grounds for initiating the procedure
3.
COMMENTS BY THE WALLOON REGION
3.1.
The legal obligation to close and restore the Mont-Saint-Guibert landfill
3.2.
Fluff as the main type of waste suitable for the restoration operation and crushed bulky waste
3.3.
Other materials available at the time of the operation
4.
COMMENTS BY RENEWI
4.1.
Operation of the landfill and closure decision
4.2.
Correct application of the Tax Decree and the Recovery Order by the Minister
4.3.
The reasons for which Renewi mainly used fluff for the filling operation
5.
ASSESSMENT OF THE ALLEGED AID MEASURE
5.1.
Absence of aid
5.1.1.
State resources and imputability
5.1.2.
Absence of advantage
5.1.3.
Waste recovery operation
5.1.3.1.
Conservation condition
5.1.3.2.
Suitability condition
5.1.4.
Absence of selectivity
6.
CONCLUSIONS
Article 1
Article 2