EU State aid: Guidelines on State aid for environmental protection and energy making of -

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1 EU State aid: Guidelines on State aid for environmental protection and energy making of - NHO Seminar Oslo, 5 November 2014 Guido Lobrano, Senior Legal Adviser

2 Summary What is BUSINESSEUROPE? State aid policy Energy and Environment aid Guidelines (EEAG) Conclusions 2

3 BUSINESSEUROPE: 41 members in 35 countries Austria Belgium Bulgaria Croatia Cyprus Czech Denmark Denmark Republic Estonia Finland France Germany Germany Greece Hungary Iceland Iceland Ireland Italy Latvia Lithuania Luxembourg Malta Montenegro Norway Poland Portugal Portugal Rep. San Marino Romania Slovakia Serbia Slovenia Spain Sweden Switzerland Switzerland The Netherlands Turkey Turkey United Kigdom 3

4 Members and structure 4

5 Advisory and Support Group (ASG) 5

6 What issues does BUSINESSEUROPE deal with? INDUSTRIAL AFFAIRS ECONOMICS INTERNAL MARKET LEGAL AFFAIRS SOCIAL AFFAIRS ENTREPRENEURSHIP & SMEs INTERNATIONAL AFFAIRS 6

7 EU State aid policy

8 State aid overview State aid = an advantage in any form whatsoever conferred on a selective basis to undertakings by national public authorities (subsidies granted to individuals or general policy measures open to all enterprises are not covered by Art. 107 EC they are not State aid ) GENERAL PROHIBITION of STATE AID Exceptions = aid is/can be considered compatible, if instrumental for achieving a specific policy objective 8

9 State aid control overview Policy objectives Allowing MS to fund certain economic activities Correcting imbalances and market failures where needed Monitor, assess and fairly grant State aid 9

10 Features of State aid Different forms (effect of measure!) Transfer of State resources (incl. local authorities, SOEs) Selectivity (no general measure, discretion) Economic advantage (otherwise not receivable) Effect (potential) on competition and trade

11 What makes a measure compatible? aimed at an objective of common interest; aid can bring about an improvement that market cannot deliver itself (e.g. remedying a market failure or addressing equity or cohesion concern); appropriate instrument to address objective of common interest; must incentivise the business to engage in additional activity that it would not carry out without aid, or would carry out in different manner or location; amount must be limited to the minimum needed to induce the additional investment or activity; negative effects on competition and trade sufficiently limited; relevant acts and pertinent information about aid awards must be transparent (public).

12 State aid enforcement NO state aid granted without Commission agreement General Block Exemption Regulation (GBER) Notification Guidelines EEAG

13 The Environment and Energy Aid Guidelines (EEAG)

14 Main issues covered by EEAG Renewable energy (RES) Energy infrastructure Generation adequacy Exemptions from taxes and levies 14

15 Main industry concerns National CO2 reduction programmes Costs for Eur. Business Competition distortions Legal uncertainty e.g. links with tax rules Cumulative impact of EU and national measures

16 Key business demands clarify State aid rules for energy ensure European global competitiveness minimise competition distortions within Europe offset CO2-reduction cost for energy intensive sectors increase efficiency in renewables promotion coordination of national schemes

17 Main changes compared to 2008 guidelines more market friendly support for energy from renewable sources (RES) energy infrastructure (cross border + less developed regions) criteria to assess generation adequacy measures Allow reductions in charges for financing RES support measures for energy intensive users

18 Specific critical aspects Tax reductions inconsistency Aid intensities cumulative impact Market exposure deployed vs. less deployed technology Capacity mechanisms

19 Renewable Energy Source (RES) charges charges on energy suppliers pass on costs to energy consumers burden on energy-intensive sectors Noncompetitive EU industries! 19

20 RES - Market fragmentation Support to electricity from RES in Europe in mn and per unit of energy consumed

21 RES support criteria Reductions in RES charges to certain sectors Combined criteria: 1) electro-intensity: How much costs are affected by increase in electricity prices 2) trade intensity: Total trade with third countries relative to size of EU market 21

22 RES - eligible beneficiaries Trade intensity above Electrointensity above 68 sectors having: 4% 10% 20% 10% 80% 7%

23 Transitional rules for existing schemes Entry into force 1 July 2014 Adjustment plan by 1 July 2016 Alignment with EEAG by 1 January

24 Thank You! 24

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