State Aid Requirements for Services of General Economic Interest (SGEI)

Transcription

1 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) Intensive Training 7-8 May 2018 Ghent (near Brussels) Academic Directr & Chair DAY 1 Speakers Prfessr at the Cllege f Eurpe in Bruges and the Maastricht University, and Academic Directr at lexxin training Cncept and Definitin f SGEI Recent develpments n the SGEI in the case law SGEI Package (2012): SGEI Cmmunicatin & Altmark Criteria, de minimis Regulatin, SGEI Decisin and Framewrk Hw t Define the Market Gap and Justify Impsitin f a Public Service Obligatin David Wachendrfer Case Handler, DG Cmpetitin, Eurpean Cmmissin State Aid Attaché, Permanent Representatin f Hungary t the EU, Brussels, Belgium Benjamin Linke Lawyer, Legal department, Deutsche Bahn AG, Frankfurt am Main Antnis Buchagiar Member f the Legal Service, AIDE Team State aids and dumping, Eurpean Cmmissin DAY 2 Critical Issues in the Design f Altmark-cmpliant Measures Practical Applicatin f SGEI in varius sectrs: Transprt: Wrkshp n Hw t Avid Overcmpensatin Infrastructure: The interactin between SGEIs and infrastructure funding Scial Sectr: Public Funding f Hspitals, Scial Husing, insurance and ther services

2 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) General infrmatin Current Challenges fr Respnsible Authrities The link between State Aid Law and the prvisin f SGEI causes uncertainty amng public authrities as they face a cnflict f interests: On the ne hand, public bdies are bligated t guarantee the supply f public services. On the ther hand the prviders f SGEI may nt be vercmpensated and cmpetitin may nt be distrted. Furthermre, each Member State has the discretin t define which services fall under the SGEI, s the same service can be qualified in different way. Learn when the cmpensatin fr SGEI cnstitutes State aid and get advice frm experts frm the Eurpean Cmmissin, ther Member States and leading law ffices. Methdlgy The participants will be actively invlved in the training. The sessins will cmbine presentatins, case studies and discussin n practical prblems. Yu will have ample pprtunities t present yur wn prblematic issues and discuss them with the speakers and participants frm ther Member States. Just send t us yur cases and questins in advance! We will frward them t ur speakers, wh will include yur issues in the prgramme and answer them during the training. All infrmatin cncerning such prblems and cases will be treated cnfidentially. Wh shuld participate? The regulatins n State Aid fr SGEI cncerns in particular: State Aid Mnitring Offices in the Member States Natinal Ministries and Agencies invlved in the regulatin and prvisin f public services, such as: Ministries fr: Scial Affairs Health Transprt Infrastructure Telecmmunicatin Ecnmy and Energy Reginal and Cmmunal Gvernments and City Cuncils cncerned with the prvisin f scial services, health care, public transprtatin, energy and water supply, waste management and f ther public services Cmpanies prviding public services bth n natinal and lcal level Lawyers and cnsultants specialised in public affairs Participants will receive extensive materials: All presentatins shwn during the training (inclusive nline access t all presentatins after the training) Cnfirmatins f Participatin Selectin f crrespnding jurnals published by Lexxin Why shuld yu participate? Learn mre abut treaty prvisins that apply t services and SGEI Gain insight int the methds f calculating cmpensatin Apply yur updated knwledge in varius wrkshps and grup exercises Analyse yur prblems and discuss yur questins with experts frm public and private practice Meet State aid experts frm many different Member States Gd and practical training with many interesting case studies. Participant f the Training n State Aid & SGEI in June 2015

3 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) Prgramme DAY 1 09:00 Welcme nte by Lexxin and chair; Intrductin f participants, Cllege f Eurpe Bruges, Maastricht University, and lexxin training Academic Directr Cncept and Definitin f SGEI 09:30 Prvisins n SGEI in the TFEU What is a service f general ecnmic interest and hw it may differ frm a service f general interest? Main characteristics f an SGEI The extent f the discretin f Member States and hw t avid errrs in defining SGEI 10:15 Recent Develpments n SGEI in the Case Law Ecnmic activity and the BUPA case Scpe f discretin f a Member State Manifest errr Meaning f Art :15 Cffee break & netwrking SGEI Package (2012) 11:45 The SGEI Cmmunicatin & Altmark Criteria Guidance n whether supprt cnstitutes state aid General elements f the ntin f aid: undertaking, state resurces, effect n trade The fur Altmark cnditins: Entrustment act, parameters f cmpensatin, n vercmpensatin, efficiency 12:30 Lunch David Wachendrfer, Case Handler, DG Cmpetitin, Eurpean Cmmissin 13:30 The SGEI de minimis Regulatin Basic principles and frmalities De minimis and ther rules David Wachendrfer 13:45 The SGEI Decisin Scpe, frmalities and infrmatin requirements Rules fr cmpensatin (revenues, csts, prfit) David Wachendrfer 14:15 Cffee break 14:30 The SGEI Framewrk Rules fr cmpensatin and efficiency incentives In-depth assessment David Wachendrfer 15:15 Cffee break Practical Challenges in Funding f SGEI 15:30 Hw t Define the Market Gap and Justify Impsitin f a Public Service Obligatin SGEI definitin in relatin t what the market des nt supply The imprtance f a crrect SGEI/PSO definitin Under which cnditins is cmpensatin necessary Identifying eligible csts Permissible amunt f cmpensatin Preventing ver-cmpensatin and crsssubsidisatin 17:00 Rund table discussin n the imprtant lessns t be drawn frm the day s prceedings 17:30 End f the day 1

4 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) Prgramme DAY 2 Practical Applicatin f SGEI Rules SGEI and Infrastructure 09:00 Critical Issues in the Design f Altmarkcmpliant Measures Altmark cnditins: Entrustment act, parameters f cmpensatin, n vercmpensatin, efficiency Public Sectr Obligatin (PSO) Public Prcurement Practical examples, State Aid Attaché, Permanent Representatin f Hungary t the EU, Brussels, Belgium 10:15 Cffee break Wrkshp n Calculatin f Cmpensatin 10:45 Hw t Avid Overcmpensatin fr Transprt Services? Hw t define parameters f cmpensatin Hw t develp a frmula fr calculating the cmpensatin Hw t calculate the amunt f necessary cmpensatin and the maximum allwable cmpensatin. Benjamin Linke, Lawyer, Legal department, Deutsche Bahn AG, Frankfurt am Main 13:45 The Interactin between SGEIs and Infrastructure Funding Antnis Buchagiar, Member f the Legal Service, AIDE Team State aids and dumping, Eurpean Cmmissin 15:00 Cffee break SGEI and Scial Sectr 15:15 Public Funding f Hspitals Overwiev n the health sectr Art. 107 and the ntin f undertaking Jurisprudence: Asklepis Kliniken, CBI case The Cmmissin s practice Cnclusins 16:00 Funding f Scial Services as SGEI Scial security system regulatin and case law The BUPA case Scial husing in varius Member States Scial services a new apprach? The Imprtance f SGEI Prblem-slving sessin 12:00 The imprtance f SGEI: The views f the Cmmittee f the Regins 17:00 Rund-table discussin n lessns t be drawn frm the training and typical mistakes t avid 12:45 Lunch break 17:15 End f the training

5 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) Experts Chair Prfessr at the Cllege f Eurpe in Bruges and the Maastricht University, and Academic Directr at lexxin training Dr. Niclaides has been educated in the United States, the Netherlands and the United Kingdm and has a PhD in ecnmics and a PhD in law. He has acted as cnsultant t a number f public authrities in varius EU Member States and t internatinal institutins and rganisatins such as the Eurpean Cmmissin, the Eurpean Investment Fund, the Eurpean Ecnmic and Scial Cmmittee, the OECD and the UN. He has published extensively n cmpetitin plicy, State aid, and plicy implementatin. During the past 15 years, he has carried ut training activities n State aid in mst EU Member States. Speakers David Wachendrfer Case Handler, DG Cmpetitin, Eurpean Cmmissin David Wachendrfer is wrking as a case handler at the Directrate-General fr Cmpetitin f the Eurpean Cmmissin. In a unit respnsible fr State aid cntrl in the field f pstal services, services f general ecnmic interest, maritime transprt activities and ther services, David has acquired cnsiderable experience in applying the SGEI rules and is familiar with the related issues. Befre starting t wrk fr the Eurpean Cmmissin in early 2017, David wrked fr the cmpetitin practice f an internatinal law firm in Brussels. He studied law, with a majr in cmpetitin, media and IP law, in Munich and Geneva and accmplished his German general qualificatin fr judicial ffice in Clgne, Brussels, Paris and Ankara. In parallel t his studies, David wrked inter alia fr the Max-Planck Institute fr Innvatin and Cmpetitin in Munich. State Aid Attaché, Permanent Representatin f Hungary t the EU, Brussels, Belgium Studied law at the Pázmány Péter Cathlic University Faculty f Law ( ) and Cmparative Law at the Internatinal Faculty f the University Rbert Schuman Strasburg ( ). He did a banking-lawyer pstgraduate training ( ) and tk part in the cmmn Eurpean specialist curse f the Ministry f Freign Affairs and the French Écle Natinal d Administratin in spring He has been wrking at the State Aid Mnitring Office in Budapest since In 2007, he was appinted as head f the unit. He is a regular speaker at the seminars n State aid. Since January 2011 he is the attaché respnsible fr State aid at the Permanent Representatin f Hungary t the EU in Brussels. Benjamin Linke Lawyer, Legal department, Deutsche Bahn AG, Frankfurt am Main Dr. Benjamin Linke wrks as a lawyer in the legal department f Deutsche Bahn AG in Frankfurt am Main. He ist part f the unit fr Public Cmmercial Law, State Aid Law and Public Transprt Cntract Law. Dr Linke is cnsulting public passenger transprt undertakings and cmpetent authrities since 2011 when he started wrking in an internatinal law firm in Hamburg. He specialises in Public Prcurement Law, State Aid Law and Public Cmmercial Law and he regularly publishes in the afrementined fields. Dr Linke aquired law degrees frm the Universites f Tübingen (Germany) and Edinburgh (UK). He wrte his Ph.D. thesis abut the Regulatin (EC) N 1370/2007 and State aid law in the public transprt sectr. Antnis Buchagiar Member f the Legal Service f the Eurpean Cmmissin (AIDE Team State aids and dumping), Brussels Antnis Buchagiar is a member f the Legal Service f the Eurpean Cmmissin, currently wrking in the State aid team. His areas f expertise include State aid in relatin t maritime transprt, aviatin, banking, basic industries, agriculture, fisheries, infrastructure, blck-exempted aid and reginal aid. He regularly litigates n behalf f the Cmmissin befre the EU Curts in Luxemburg. Prir t jining the Legal Service, he handled cases f merger cntrl in the Directrate-General fr Cmpetitin f the Eurpean Cmmissin. Befre jining the Cmmissin, he was an assciate lawyer in the antitrust grup f the Brussels ffices f Shearman & Sterling LLP and Hwrey LLP. He has published tw bks n the private enfrcement f cmpetitin law, as well as varius articles in the fields f cmpetitin law and internal market law. Mr Buchagiar graduated frm the University f Athens (LL.B., LL.M.), the Kathlieke Universiteit Leuven (Erasmus) and the Cllege f Eurpe in Bruges (LL.M., ELEA specialisatin).

6 State Aid Requirements fr Services f General Ecnmic Interest (SGEI) Registratin Venue Ghent Marritt Htel Krenlei 10, 9000 Ghent, Belgium Tel.: Participatin fee YES, I wuld like t participate fr the reduced fee fr public authrities EUR 1190,00 (excl. VAT). YES, I wuld like t participate fr the regular fee f EUR 1590,00 (excl. VAT). YES, I am Eurpean State Aid Law Quarterly - EStAL-subscriber (10% discunt if applicable). The Belgian VAT f 21% will be added where applicable. The participatin fees include the wrkshp material, drinks and snacks during the breaks and lunch. Newsletter subscriptin Please send me infrmatin abut State Aid issues fr free. I may unsubscribe frm this service any time. Cancellatins Cancellatins shuld be made in writing per pst r fax. Please nte that the full fee will be charged fr cancellatins received after 23 April 2018 (included illness r impediment which prevents her r him frm fulfilling her r his duties). Nminatin f a substitute remains pssible. A cancellatin arising by reasn f t small a number f participants is effected n later than tw weeks prir t the seminar. In this case the participatin fee will be refunded. A requirement fr reimbursement f travel and accmmdatin expenses as well as lss f wrking hurs is nt pssible, unless such csts result frm wantnly negligent r deliberate behaviur n the part f the rganiser. Fr mre detailed infrmatin, scpe and cnduct f cntract as well as cancellatin plicy, please check the Terms & Cnditins n ur website. Please register with: Gaël Langsch Lexxin Publisher Güntzelstr Berlin, Germany Phne: +49 (0) Fax: +49 (0) langsch@lexxin.de nline: Name Psitin, Department Cmpany Name Address Address Phne, Fax Custmer N. f ESTAL-Subscriptin VAT Reg.-N. Date, Signature Upcming events Advanced Training: Best Practice & Prblem Slving in State Aid Master Class with Prf. Dr July 2018 Cpenhagen The State Aid Master Class is especially designed fr State aid experts, wh wuld like t deepen their knwledge int the latest develpments and judgements and discuss their wn State aid cases. In this intensive small-scale master class, learn what's new in State aid, and hw t design measures which are effective and cmpatible with the internal market.