EUROPEAN COMMISSION. Subject: State aid N 276/2009 Aircraft-supplier scheme. Aeronautics-R&D scheme. Germany

Transcription

1 EUROPEAN COMMISSION Brussels, K(2009)5733 In the published version of this decision, some information has been omitted, pursuant to articles 24 and 25 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, concerning non-disclosure of information covered by professional secrecy. The omissions are shown thus [ ]. PUBLIC VERSION WORKING LANGUAGE This document is made available for information purposes only. Subject: State aid N 276/2009 Aircraft-supplier scheme. Aeronautics-R&D scheme. Germany 1. PROCEDURE (1) By letter dated 7 May 2009, registered on the same day, the German authorities notified the above mentioned aid scheme. (2) By of 28 May 2009, the Commission requested additional information. The German authorities replied by letter dated 8 June 2009, registered on the same day. 2. DESCRIPTION OF THE SCHEME 2.1. Objective (3) The objective of the notified scheme is to support experimental-development and, in some individual cases, industrial-research activities in the aeronautics supply industry 1 in Germany. 1 According to NACE Revision 2, OJ L 393 of : C3003 Manufacture of air and spacecraft and related machinery. Seiner Exzellenz Herrn Frank-Walter STEINMEIER Bundesminister des Auswärtigen Werderscher Markt 1 D Berlin Commission européenne, B-1049 Bruxelles Belgique Europese Commissie, B-1049 Brussel België Telefon:

2 (4) The scheme is targeted at systems and components of systems for aircraft. The focus will be on meeting the standards resulting from the use of carbon-fibre composite materials as an important part of the fuselage. Further, activities aiming at reducing the weight of aircraft systems, at increased passenger comfort as well as at environmental sustainability will be eligible for funding. (5) Beyond that, the application of real modules, while considering general and specific standards, will be eligible for aid under the notified scheme. The aim is a technical demonstration of (sub-)systems under realistic application scenarios, in order to ensure their fundamental applicability in aircraft. Germany pointed out that the scheme will promote developments which are necessary, reach beyond pilot-plant scale (Technikumsmassstab) and take into consideration concrete applications under realistic conditions. (6) The German authorities declared that any aspects of making developments ready for industrial series production will not qualify for aid under the notified scheme. (7) According to the German authorities, the aided projects will contribute to the implementation of the objectives set by the Advisory Council for Aeronautics Research in Europe 2 (ACARE) Legal basis and granting authority (8) The national legal basis of the scheme are the Annual Federal Budget Act 2009, Chapter 0902, Budget Line : Expenses for the coverage of default risk associated with loans for partial funding of the development of civil aircraft (Haushaltsgesetz des Bundes, Bundeshaushalt 2009: Kapitel 0902 ; Titel : Ausgaben zur Absicherung des Ausfallrisikos im Zusammenhang mit Darlehen zur Finanzierung der anteiligen Entwicklungskosten ziviler Luftfahrzeuge); Act on Kreditanstalt für Wiederaufbau (Gesetz über die Kreditanstalt für Wiederaufbau); Promulgation of the possibility to obtain co-fincancing for development costs of projects of suppliers who participate in the A350XWB-programme and other future civil-aircraft programmes (Bekanntmachung über die Möglichkeit einer anteiligen Finanzierung der Entwicklungskosten von Projekten beteiligter Unternehmen der Ausrüstungsindustrie am Programm A350XWB und an anderen künftigen zivilen Flugzeugprogrammen). 2 ACARE was established in June It is a group of about 40 members, including representation from the Member States, the Commission and stakeholders (manufacturing industry, airlines, airports, service providers, regulators, the research establishments and academia). ACARE's main focus is to establish and carry forward a Strategic Research Agenda (SRA) to influence all European stakeholders in the planning of research programmes, particularly national and EU programmes, in line with the Vision 2020 and the goals it identifies. (source: 2

3 (9) The granting authority is the Federal Ministry of Economy and Technology (Bundesministerium für Wirtschaft und Technologie) Budget and duration (10) The total budget of the aid scheme amounts to EUR 300 million, for the scheme's duration from 20 September 2009 till 31 December The German authorities could not yet provide estimated annual appropriations, as actual annual disbursements would depend on eligible project costs incurred and accounted for in the respective year. (11) Germany declared that aid under the scheme will not be put into effect before the Commission has authorised it. (12) Funds will derive from former European Recovery Programme (ERP) monies. Germany informed the Commission that these funds are State resources. They had been transferred 3 to, and are administered by Kreditanstalt für Wiederaufbau 4 (KfW), which is a State-owned funding bank. The Federal Government provides a guarantee in order to cover KfW against partial or total default of reimbursement Beneficiaries (13) All types of enterprises are eligible for aid under the scheme. The estimated total number of beneficiaries is between 11 and 50. Germany declared that aid for undertakings in difficulty within the meaning of the Community Guidelines on State aid for rescuing and restructuring undertakings in difficulty 5 is excluded from the aid measure in question Contract research on behalf of undertakings (14) Eligible enterprises may subcontract certain activities to universities and other research organizations, however to a very small extent, within the scope of their projects. According to the German authorities, aided projects will not entirely be implemented by research organizations. (15) Enterprises will select research organisations on the basis of transparent calls for proposals, in which criteria for the desired services are specified. Germany declared that selected research organisations will provide their services at a market price. 3 Prior to that transfer, ERP-monies constituted a Special Purpose State Funds (Sondervermögen des Bundes). 4 KfW Bankengruppe is owned by the Federal Republic of Germany and the Federal States (Länder). Its task is to support SMEs, entrepreneurship, environmental protection, housing, infrastructure, education finance, project and export finance, and development cooperation. 5 OJ C 244, , p. 2. 3

4 2.6. Collaboration of undertakings and research organisations (16) According to the notification documents provided by the German authorities, eligible projects will not be carried out in collaboration between research organisations and undertakings R&D activities and eligible costs (17) Eligible R&D activities will mainly fall within the category of experimental development. In individual cases, industrial-research activities may also be funded. In case an eligible activity spans both industrial research and experimental development, the German authorities will treat the entire activity as 'experimental development'. (18) The German authorities guaranteed that funded R&D-activities will in any case be in line with the definitions set out in Point 2.2 f) and g) of the Community Framework for State aid for Research and Development and Innovation 6 (thereinafter "the Framework"). In order to ensure compliance with it, the German authorities will carry out adequate checks, inter alia by external experts. (19) The German authorities declared that the aid intensity will not exceed 25%. No bonuses will be added to that aid intensity. (20) The German authorities provided examples of eligible projects: development of [ ] cabin systems; extension of the applicability of electronic control systems and avionics with special regard to new fuselage structures; functional material and coating systems; light-weight construction of highly-stressed structures. (21) In cases where one enterprise applies for aid for several individual projects, the German authorities will examine these projects to ensure their clear technical delimitation. (22) For the purposes of such scrutiny, the aid beneficiaries will have to submit documents (e.g. of the corresponding call for tenders) that demonstrate that the projects had been tendered by aircraft/system producers in separate calls. Clear technical delimitation will be determined on the basis of the Air Transport Association's 7 (thereinafter ATA) Chapter classification. 6 OJ C 323, , p. 1 Business secret 7 Air Transport Association of America, Inc. (ATA) is an airline trade association, The ATA Chapter numbers provide a common referencing standard for all commercial aircraft documentation. (source: 4

5 (23) Eligible costs are limited to costs directly incurred for the implementation of an R&D project. All eligible costs must be allocated to a specific category of R&D. (industrial or experimental), and are as follows: personnel costs; costs for instruments and equipment; costs for building and land; costs for contractual research, technical knowledge, patents and licenses bought or licensed from outside sources at market prices; additional overheads incurred directly as a result of the research project; other operating expenses. (24) Eligible experimental development activities may include the development of prototypes that are commercially usable, however only when the prototype is necessarily the final commercial product and where it is too expensive to produce it to be used only for demonstration and validation purposes. The German authorities declared that any revenue generated from the commercial use of such prototypes must be deducted from the eligible costs Projects thus far selected for aid under the scheme: (25) The German authorities estimate, based on recent planning data, that EUR [ ] out of the total EUR 300 million funds will be allocated to projects of suppliers who participate in the Airbus A350XWB-development. The German authorities are not aware of any other current Airbus developments apart from the A350XWB. (26) The remaining EUR [ ] is expected to be allocated to projects of suppliers who participate in developments of other aircraft integrators. The German authorities confirmed that funding under the scheme could for instance be granted to suppliers who participate in aircraft projects by Bombardier, Boeing, Embraer or Mitsubishi. (27) Until the date of notification of the scheme, [ ] aid applications for projects had been submitted, [ ] of which are related to the Airbus A350XWB-programme. [ ] project is related to the [ ] development Aid instrument and aid intensity (28) Funding is granted in the form of a loan (Darlehenstranche) combined with a repayable advance (rückzahlbarer Vorschuss). (29) For the purposes of calculating the aid intensity of each instrument, the total combined amount of aid is divided into 33 fractions, of which: 8 fractions (i.e. 8% of the eligible costs) will be covered by loan financing. According to the German authorities, the loan does not constitute State aid. It is unconditionally repayable. 5

6 25 fractions (i.e. 25% of the eligible costs) will be covered by a reimbursable advance, repayment of which depends on the number of shipsets delivered by the beneficiary to the customer. According to the German authorities, the reimbursable advance constitutes State aid. The combined total aid intensity of both instruments is 33% of the eligible costs. (30) The beneficiary will have to provide valid collateral (werthaltige Sicherheiten) for the total amount of funding. Such collateral may be provided in the form of bank guarantees or comfort letters (Patronatserklärungen) of a benefiary's parent company (Konzernobergesellschaft). (31) The terms and conditions of the scheme's both funding instruments are set out in more detail hereunder Loan-instrument (8/33 rds of total funding): (32) The loan must be paid back in annual instalments, as from the date, established exante, of the expected first delivery of the aircraft concerned. A deferral period (Karenzzeit) of up to 2 years may be granted in case of delayed aircraft delivery. (33) An interest is payable for the entire amount of the loan, as from the date it will be disbursed. According to the German authorities, the interest rate will consist of a base rate plus a margin that is expressed in basis-points (bp). The base rate will be the reference rate 8 applicable to Germany, calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates 9. The margin on top of the reference rate will be calculated based on the methodology set forth in said Commission Communication and will depend on the rating of each of the individual aid beneficiaries and the collateral offered. (34) The loan is to be paid back independently of units actually delivered, even in the event of a complete failure of the project Reimbursable-advance instrument (25/33 rds of total funding) (35) The repayable advance will be paid back linearly in accordance with the amount of aided equipment (so called shipsets) delivered by the supplier (i.e. the aid beneficiary) and integrated into an aircraft by the aircraft integrator. Once an aircraft is delivered to a customer, the supplier will have to pay the corresponding amortisation instalment to the Federal authorities. The amount of each payment is determined in such a way that complete repayment will be achieved upon delivery of a predefined number of aircraft (i.e. the success threshold). (36) The German authorities informed the Commission on the method to define the success threshold: 8 Available on 9 OJ C 14, , p.6. 6

7 An independent expert will be commissioned to examine the plausibility of sales forecast provided by aircraft suppliers and aircraft integrators. In order to avoid that the reimbursable advance turns into a nonreimbursable grant, the independent expert will be mandated to take a riskaversive approach when setting the success threshold. (37) According to the German authorities, the aid is intended to mitigate the financial risk that suppliers to aircraft integrators are facing, in the event of failure of a development. Furthermore, according to the German authorities, such risk will have been reduced when the pre-defined success threshold is attained, hence the aid shall be repaid in full at that point in time. (38) An interest is payable for the entire amount of the reimbursable-advance, as from the date it will be disbursed. The interest is due independently of the delivery of aircraft. According to the German authorities, the interest rate will be KfW's refinancing rate, which was 4.7% at the time of notification of the scheme. (39) For every aircraft delivered in excess of the respective success threshold, i.e. after full repayment of the reimbursable advance, a royalty to the benefit of the federal budget will be due. Such royalty will at least be 1% of the sales price of the aided equipment Incentive effect and necessity of the aid (40) The aided R&D&I activities of individual beneficiaries will not commence prior to the relevant aid application by the beneficiary to the German authorities. The German authorities will ensure compliance on the basis of the following information: Beneficiaries must declare that the project has not started at the time of submission of the aid request. The German authorities will check such declaration's plausibility based on the statement of eligible costs and on the project description. The supplier contracts, concluded by the applicant for aid and the aircraft integrator 10 must be submitted in extracts. Such extracts must demonstrate that the contract has been signed after submission of the aid application. (41) The German authorities will carry out an ex-ante assessment of the incentive effect of aid under the scheme. For the purposes of such assessment, applicants for aid must provide both quantitative data and qualitative documentation on at least one of the 4 criteria enumerated hereunder: increase in project size: increase in the total project costs (without decreased spending by the aid beneficiary by comparison with a situation without aid); increase in the number of staff assigned to R&D&I activities; increase in scope: increase in the number of the expected deliverables from the project; more ambitious project illustrated by a higher probability of a scientific or technological breakthrough or a higher risk of failure; 10 respectively system integrator ('tier-1 supplier'), who will in turn supply to the aircraft integrator. 7

8 increase in speed: to be verified based on a comparison of project timetables comparing situations "with aid" and "without aid"; increase in total amount spent on R&D&I activities: increase in total R&D&I spending by the aid beneficiary; changes in the committed budget for the project (without corresponding decrease in the budget of other projects); increase in R&D&I spending by the aid beneficiary as a proportion of total turnover. Applicant for aid must provide both quantitative data (figures) and qualitative data (description of concrete additional research activities). (42) In particular, applicants for aid must provide information on: The development of a new and innovative component at system level, or of a development in the structural area, provided it leads to innovative construction methods (e.g. carbon-fibre composite methods); Scope and content of own current and planned R&D-activities, including time-, resource- and financial planning data; Target products or product participations in which the technologies should be incorporated after the development phase; The development risk that the aircraft integrator or tier-1 supplier has transferred to the aid applicant; The aided product's contribution to reach the following objectives: environmentally sustainable aviation or abandonment of environmentally hazardous substances, increase in passenger comfort and/or safety, or increase in hauling capacity. (43) In order to assess such information, the German authorities may, among others, resort to supplementary data mentioned hereunder: The state of the art of science and technology: e.g. information on products and services on the international market, research projects and their results. Information sources will be e.g. technical literature, project status reports, publications, participation in conferences and direct contacts with industry and science; Market information: Products, market size, tendencies in acquisition decisions by final customers (as a rule airlines or lease providers), legislative initiatives. Information sources will be e.g. publications, press and stakeholder contacts; Information on the aid applicant: e.g. market position, product portfolio, research and technology strategies, and participation in tender procedures. Information sources will be e.g. balance sheets, publications and direct contacts; 8

9 (44) If need be, the German authorities will draw on external experts, e.g. on the German Space Agency's project management department 11 (Projektträger im Deutschen Zentrum für Luft- und Raumfahrt, thereinafter PT-DLR) Cumulation (45) The Commission notes the commitment of the German authorities that the aid will not be cumulated with any other type of aid Individual notification of large aid measures under the scheme (46) The German authorities committed to submit individual notifications of aid under the scheme that exceeds EUR 7.5 million per undertaking, per project Reporting and monitoring (47) The German authorities committed to submit annual reports on the implementation of the notified aid scheme to the Commission, including information on the incentive effect of aid to large enterprises. (48) The annual reports will contain information on the name of the beneficiaries, the aid amount per beneficiary, the aid intensity and the sectors in which the aided projects are undertaken. (49) The scheme will not be implemented until its publication on the internet. The full text of the scheme will be published in sp In case an individual aid granted under the scheme exceeds 3 million, the German authorities will provide the Commission with the information requested in the standard form laid down in the Annex to the Framework. (50) The German authorities will ensure that detailed records, which contain all information necessary to establish that the eligible costs and maximum allowable aid intensity have been observed, will be maintained for 10 years from the date on which aid under the scheme was granted. The German authorities will upon request transmit such documentation to the Commission 3. ASSESSMENT 3.1. Existence of State-aid within the meaning of Article 87(1) EC (51) Insofar as aid is granted to enterprises engaged in economic activity, the proposed measure falls under Article87 (1) of the EC Treaty. The notified scheme is funded 11 Deutschen Zentrum für Luft- und Raumfahrt (DLR) is PT-DLR's parent organization. DLR is responsible for managing national space activities on behalf of the federal government. PT-DLR is a service organization for the promotion of research, training and science. It implements projects of several Federal Ministries, in particular those of the Ministry of Education and Research and of the Ministry of Economic Affairs, as well as regional projects. 9

10 through State funds, former ERP funds, which have been transferred to, and are administered by, the State-owned KfW. The aid is therefore granted through State resources. It favours a limited number of undertakings that are selected during the implementation of the scheme. Hence, the measure is selective. In addition, the measure could improve the overall financial condition and enhance the market position of beneficiary enterprises. The notified scheme will award aid to firms engaged in the manufacturing of air and spacecraft and related machinery. In that economic sector, intra-community trade takes place. Hence, the aid measure in question could distort competition and thereby affect trade between Member States Existence of State aid through the loan-instrument (8/33 rds of total funding): (52) In order to determine whether the loan instrument constitutes State aid, the Commission applied the Communication from the Commission on the revision of the method for setting the reference and discount rates 12 (thereinafter the Communication). According to said Communication, the Commission applies the reference and discount rates as a proxy for the market rate within the framework of the Community control of State aid. (53) The Communication points out that the reference rate is a base rate, and that margins are to be applied in principle depending on the rating of the undertaking concerned and the collateral offered. (54) As was described further above in recital (33), the interest rate charged for the loan instrument under the measure will consist of a floor rate, being the applicable reference rate for Germany, increased by a margin. The margin on top of the reference rate will be calculated depending on the rating of, and the collateral offered by, each of the individual aid beneficiaries and will also reflect the deferral option. (55) In that context, it is to be noted, firstly, that undertakings in difficulties will be excluded from any form of capital provision under the measure. Secondly, beneficiaries will have to provide valid collateral for the total amount of funding. (56) Therefore, based on information provided by the German authorities, the Commission considers the scheme's loan-instrument to be in line with the method set out in the Communication. Loans under the measure can therefore be deemed to reflect the average level of interest rates charged in the market. Hence, such loan financing does not constitute State aid in the sense of Article 87(1) of the EC Treaty, as it does do not provide any advantage to the beneficiary undertakings Existence of State aid through the repayable-advance instrument (25/33 rds of total funding) (57) In combination with a loan, the German authorities will grant a repayable advance. The terms and conditions of this instrument are such that it improves the 12 OJ C 14, , p.6. 10

11 overall financial condition and enhances the market position of beneficiary enterprises. Further, all other conditions for the existence of State-aid are present. Hence, the Commission has come to the conclusion that repayable advances under the notified scheme constitute State aid within the meaning of Article 87(1) of the EC Treaty Elements of Aid indirect State aid Research on behalf of undertakings (58) Point of the Framework clarifies under which conditions an undertaking obtains an advantage in situations were a research organisation, acting as an agent, renders a service to an undertaking acting as principal. Pursuant to Point 3.2.1, normally no State aid will be passed to the undertaking through the research organisation when the latter provides its service at a market price. If, however, there is no market price, the research organisation must provide its service at a price which reflects its full costs plus a reasonable margin. (59) The Commission notes the German authorities' express commitment that research organisations will provide services at market prices for undertakings that receive aid under the scheme in question. Therefore, the Commission considers that in the notified scheme's framework no State aid will be passed to undertakings in cases where research organisations provide services on their behalf Legality of the aid (60) The Commission notes that the German authorities have complied with the requirement under Article 88(3) of the EC Treaty and have notified the aid scheme before it has been implemented. The measure s entry into force is subject to the Commission s approval. 4. COMPATIBILITY OF THE AID 4.1. Basis for compatibility assessment (61) According to the notification documents submitted by the German authorities, the notified scheme will provide State aid for R&D activities, mainly for experimental development, but also for industrial research in individual cases. For the purposes of the scheme, activities spanning both categories of research will be treated as falling entirely within experimental development. (62) Pursuant to Section 2.1 of the Framework, this Framework applies to State aid for research and development. In particular, industrial research and experimental development are mentioned in Section 5.1 of the Framework. Therefore, the Commission has assessed the notified aid scheme's compatibility with the common market based on the Framework. (63) For the purposes of the Framework, Point 2.2 f) and g) ibid. sets forth definitions of 'industrial research' and 'experimental development'. Based on information submitted by the German authorities as mentioned in recital (18) above, the Commission finds that 'industrial research' and 'experimental development' for the purposes of the notified scheme will correspond to these definitions. 11

12 4.2. Stages of research and development (64) As stipulated by Section 5.1 of the Framework, State aid for R&D projects will be considered compatible with the common market within the meaning Article 87(3)(c) of the EC Treaty, provided that the conditions set out in that Section are fulfilled. (65) As stipulated by Point of the Framework, the aided part of R&D activities must completely fall within one or more of the research categories 'fundamental research', 'industrial research' and 'experimental development'. As eligible activities will fall within the categories 'industrial research' and 'experimental development', this requirement is met Eligible costs (66) Point of the Framework enumerates eligible costs of R&D projects, which shall be allocated to a specific category of R&D. (67) All eligible costs will be allocated to a specific category of R&D, namely industrial research and experimental development, and will be strictly limited to the R&D-activities that are eligible for aid under the scheme. The eligible costs, as described above in recital (23), are in line with the definitions set out in Point of the Framework Aid instrument and aid intensity (68) Point of the Framework applies to repayable advances which qualify as State aid within the meaning of Article 87(1) of the EC Treaty. (69) Pursuant to Section of the Framework, a repayable advance may cover up to a maximum of 40 % of the eligible costs for the experimental development phase of a project. The Commission notes, firstly, that the aid intensity through repayable advances is 25% of the eligible costs. The Commission secondly puts on record the express guarantee that the aid intensity will in no case exceed 25% of the eligible costs. Hence, the Commission finds that aid under the scheme will not exceed the aid intensity applicable to experimental development, as indicated in Point of the Framework. (70) According to the definition laid down in Point 2.2 h) of the Framework, repayable advance means a loan for a project, which is paid in one or more instalments and the conditions for the reimbursement of which depend on the outcome of the R&D&I project. As is shown above, 2.9.2, these criteria are met. (71) Point of the Framework further stipulates that the definition of a successful outcome of a project must be established on the basis of a reasonable and prudent hypothesis. The Commission considers the scheme to be in line with that rule, based on information provided by the German authorities summarised above, (36). (72) Point of the Framework further stipulates that, normally, the repayment secured must be in proportion to the degree of success achieved. (73) The Commission notes, firstly, that an interest is due for the repayable advance. Secondly, the German authorities will be entitled to request payments beyond 12

13 repayment of the advance amount, including interest, in case of a success exceeding the outcome defined as successful, as was shown further above in recitals, (35) and (39). (74) Based on the above considerations, the Commission considers the conditions of repayable advances under the scheme to be in line with Point of the Framework Incentive effect (75) Pursuant to Chapter 6 of the R&D& Framework, State aid must have an incentive effect, i.e. result in the recipient changing its behaviour so that it increases its level of R&D&I activity. Furthermore, according to Chapter 6, the Commission considers that the aid does not present an incentive for the beneficiary in all cases in which the R&D&I-activity has already commenced prior to the aid application by the beneficiary to the national authorities. (76) As regards aid schemes, Chapter 6 stipulates that the conditions relating to the incentive effect shall be deemed to be satisfied if the Member State has committed itself to grant individual aid under the approved aid scheme only after it has verified that an incentive effect is present and to submit annual reports on the implementation of the approved aid scheme. In the annual reports, the Member State must demonstrate how it has assessed the incentive effect of the aid before granting the aid through the use of quantitative and qualitative indicators, namely increase in project size, increase in scope, increase in speed, increase in total amount spent on R&D&I. (77) The German authorities undertook to verify that an incentive effect of the aid to large enterprises is present prior to the granting of aid, as was shown above in recitals (40) to (44). Furthermore, the German authorities committed to submit annual reports on the implementation of the approved aid scheme, as was mentioned above in recital (47). Chapter 6 of the Framework is therefore complied with Individual notification (78) Pursuant to Section 7.1 of the Framework, the Commission will carry out a more detailed assessment of certain measures. Firstly, this concerns individual notification rules pursuant to the General Block Exemption Regulation 13. Secondly, this concerns certain measures covered by the Framework. (79) The Commission notes the German authorities' commitment to submit individual notifications of aid under the scheme that exceeds EUR 7.5 million per undertaking, per project Cumulation (80) Chapter 8 of the Framework sets forth rules on the cumulation of aid under a notified measure with other State aid. 13 OJ L 214, , p

14 (81) As the German authorities guaranteed that aid under the measure in question will not be cumulated with any other type of aid, the Commission finds that the measure will comply with Chapter 8 of the Framework Reporting (82) Pursuant to Point of the Framework, Member States must submit annual reports to the Commission. Beyond the requirements set out in Regulation (EC) No 659/ and Commission Regulation (EC) No 794/ , such reports must contain, for each measure, information as to: the name of the beneficiary; the aid amount per beneficiary; the aid intensity; the sectors of activity where the aided projects are undertaken. (83) The Commission notes the German authorities' commitment to comply with above cited reporting obligations Access to the full text of the scheme (84) According to Point of the Framework, the Commission considers it necessary to ensure that economic operators, interested parties and the Commission itself have easy access to the full text of all applicable R&D&I aid schemes. When examining R&D&I aid schemes, the Commission will systematically require the Member State concerned to publish the full text of all final aid schemes on the internet and to communicate the internet address of the publication to the Commission. The scheme must not be applied before the information is published on the internet. (85) Prior to the implementation of the scheme, its full text will be published on the internet, and the corresponding internet address has been communicated to the Commission. The requirements set out in Point of the Framework are therefore met Information sheets and records (86) Point of the Framework stipulates that, whenever aid for R&D&I is granted on the basis of aid schemes without falling under the duty for individual notification, and exceeds EUR 3 million, Member States must, within 20 working days starting from the granting of the aid by the competent authority, provide the Commission with the information requested in the standard form laid down in the Annex to this framework. (87) Furthermore, pursuant to Point of the Framework, Member States must ensure that detailed records regarding the granting of aid for all R&D&I measures are maintained. Such records, which must contain all information necessary to 14 OJ L 83, , p OJ L 140, , p

15 establish that the eligible costs and maximum allowable aid intensity have been observed, must be maintained for 10 years from the date on which the aid was granted. (88) Germany undertook to provide information sheets in due form as well as to maintain records, in accordance with Point of the Framework Conclusion (89) Based on the above reasoning, the Commission concludes that the measure is in line with the Community Framework for State aid for Research and Development and Innovation. 5. DECISION (90) On the basis of the assessment above, the Commission concludes that repayable advances under the notified State aid measure N 276/2009 'Aircraft-supplier scheme' are compatible with the common market, pursuant to Article 87(3)(c) of the EC Treaty. It accordingly decided not to raise objections to the notified measure. (91) The Commission concludes that the loan instrument under the notified scheme does not constitute State aid in the meaning of Article 87(1) of the EC Treaty. (92) The Commission reminds the German Government that, in accordance with Article 88 (3) of the EC Treaty, all plans to refinance, alter or change this aid scheme have to be notified to the Commission. (93) The Commission further reminds the German Government: to submit annual reports on the implementation of the notified scheme which comprise the information demonstrating the incentive effects of aid granted to large enterprises; to submit information sheets, if applicable; to publish the full text of the scheme in the internet. If this letter contains confidential information, which should not be disclosed to third parties, please inform the Commission within fifteen working days of the date of receipt. If the Commission does not receive a reasoned request by that deadline, you will be deemed to agree to the disclosure to third parties and to the publication of the full text of the letter in the authentic language on the Internet site: Your request should be sent by registered letter or fax to: European Commission Directorate-General for Competition Directorate for State Aid State Aid Greffe B 1049 Brussels Fax No.:

16 Yours faithfully, For the Commission Neelie Kroes Member of the Commission 16