No. 01/16 07 January 2016 Covers the period from 18 December 2015 to 07 January 2016 Highlights Commission concludes the resolution of Greek Cooperative Bank of Peloponnese involves no aid 18.12.2015 - The European Commission has found that resolution support for Cooperative Bank of Peloponnese does not involve State aid within the meaning of the EU rules. Read more Commission approves additional aid for Cypriot cooperative banks on the basis of an amended restructuring plan 18.12.2015 - The European Commission has approved additional state aid of €175 million in favour of the Cooperative Central Bank Ltd. in Cyprus and its subsidiaries in line with EU state aid rules. The Commission concluded in particular that the additional restructuring measures that the bank committed to implement will ensure that the bank becomes viable in the long-term whilst distortions of competition will be minimised. Read more Commission approves additional aid up to €3 billion for the resolution of Portuguese bank Banif and asset sale to Banco Santander Totta 21.12.2015 - The European Commission has approved Portuguese plans to provide about €2.25 billion of state aid to cover the funding gap in the resolution of Portuguese bank Banco Internacional do Funchal S.A. (Banif) as in line with EU state aid rules. Another aid measure amouting to €422 million covers the transfer of impaired assets to an asset management vehicle. Finally, the Commission approved an additional buffer in the form of a state guarantee to cater for potential recent changes of values in the part sold to Banco Santander Totta, bringing the total potential aid measures up to €3 billion. Read more Commission welcomes further restructuring and approves prolongation of liquidity measures for Portuguese bank Novo Banco to facilitate its sale process 21.12.2015 - The European Commission has approved under EU State aid rules a prolongation of Portuguese state guarantees on bonds in the nominal amount of €3.5 billion, issued by Portuguese bank Novo Banco. In particular, the Commission found that the prolongation should contribute to ensuring the maintenance of adequate liquidity for Novo Banco. It also welcomes that Portuguese authorities have committed to additional restructuring measures to improve the bank’s viability and efficiency. Both elements should help facilitate the sale process of Novo Banco, which Portugal intends to re-launch in January next year. Read more Commission invites Greece to better target its "tonnage tax" and related support measures in maritime sector 21.12.2015 - The European Commission has sent to Greece a set of proposals to ensure that state support to the maritime sector in Greece complies with EU state aid rules. In particular, the Commission found that current provisions may breach EU state aid rules by allowing shareholders of shipping companies to benefit from favourable tax treatment that should be reserved for maritime transport providers. Similarly, the Commission is concerned that favourable tax treatment is also extended to maritime sector intermediaries and operators of ships, which do not provide maritime transport services. Read more Commission finds Italy provided incompatible state aid to Banca Tercas and welcomes plans of private funds to step in 23.12.2015 - Following an in-depth probe, the European Commission has concluded that the support granted by the Italian mandatory deposit guarantee scheme to Banca Tercas constitutes incompatible state aid based on the facts and circumstances at hand. Banca Tercas is a small Italian bank with a market share of about 0.1% of total banking assets in Italy. In July 2014, the Italian mandatory deposit guarantee scheme Fondo Interbancario di Tutela dei Depositi (FITD) intervened in favour of Banca Tercas in order to cover the losses of the bank and support its sale to Banca Popolare di Bari. The Commission found that the FITD acted on behalf of the Italian State. The measures are not in line with EU state aid rules, because Italy did not present a restructuring plan and the measures did not minimise the aid nor the resulting State Aid Weekly e-News No 01/16 1 distortions of competition. The Commission welcomes that private banks are now considering supporting Banca Tercas voluntarily. In any case, depositors remain fully protected. Read more Fact sheet - State aid to Italian bank Banca Tercas and the financial sector in general – Frequently Asked Questions 23.12.2015 - Following an in-depth probe, the European Commission has concluded that the support granted by the Italian mandatory deposit guarantee scheme to Banca Tercas constitutes incompatible state aid based on the facts and circumstances at hand. Read more Commission opens in-depth investigation into UK public support for Drax power plant 05.01.2016 - The European Commission has opened an in-depth investigation to assess whether the United Kingdom's plans to support the conversion of part of the Drax coal power plant to operate on biomass are in line with EU state aid rules. The Commission fully supports Member State efforts to increase the use of renewable energy and pursue EU energy and climate objectives. At the same time, EU state aid rules make sure that the cost of such support for consumers is limited and does not give certain operators an unfair advantage over competitors. Therefore, the Commission will now investigate further to make sure that the public funds used to support the Drax project are limited to what is necessary and do not result in overcompensation. It will also assess whether the positive effects of the project in achieving EU energy and environmental objectives outweigh potential competition distortions in the market for biomass. The opening of an in-depth investigation gives the UK and interested third parties an opportunity to submit comments. It does not prejudge the outcome of the investigation. Read more In this issue: Public consultations on draft legislation >> Additional points of interest >> Commission Decisions >> Block exemptions >> Public consultations on draft legislation Consultation on the Notice on a Simplified Procedure for the Treatment of Certain Types of Aid The European Commission is consulting stakeholders on whether to repeal or revise the Simplified Procedure Notice. The Commission intends to carry out a review to reflect, on the one hand, the amendments brought to the State aid framework (in particular with regard to the General Block Exemption Regulation No 800/2008 and the Procedural Regulation No 1589/2015) and, on the other hand, to take account of the experience gained with the implementation of the Notice. The objective is to ensure coherence and consistency in the application of the various instruments of the State Aid framework and to draw conclusions on the implementation and effectiveness of the Notice (read more) Deadline for comments From 06.01.2016 until 06.04.2016 All public consultations: DG Competition / DG Agriculture / DG Maritime Affairs and Fisheries Commission Decisions List of Commission Decisions taken during the reporting period, regardless of their publication in the Official Journal. The list of Commission Decisions recently published in the Official Journal is available here. Decision not to raise objections Case Number Country Title Objective Decision date DG Competition Austria SA.41175 Broadband Austria 2020 Other 17/12/2015 Cyprus SA.43367 2015 additional restructuring aid to the Cooperative Central Bank Restructuring firms in difficulty 18/12/2015 Greece SA.43825 Prolongation of the Greek financial support measures (Art. 2 law 3723/2008) Remedy for a serious disturbance in the economy 18/12/2015 State Aid Weekly e-News No 01/16 2 SA.43886 Resolution of Cooperative Bank of Peloponnese Remedy for a serious disturbance in the economy 17/12/2015 Ireland SA.43745 8th prolongation of the Credit Union Resolution Scheme H1 2016 Remedy for a serious disturbance in the economy 17/12/2015 Italy SA.42864 Rescue aid to IMT S.p.A. in A. S. Rescuing firms in difficulty 17/12/2015 SA.43976 Amendment of the 2014 Resolution of Banco Espirito Santo S.A. (Novo Banco S.A.) 19/12/2015 SA.43977 Resolution of Banif - Banco Internacional do Funchal, S.A. 21/12/2015 SA.42133 Scheme of State Aid for environmental protection to reduce air pollution and improve air quality for the 2014-2020 programming period Portugal Slovakia Environmental protection 6/01/2016 France 07/01/2016 Aid for investment in connection with the processing of agricultural products and the marketing of agricultural products 17/12/2015 DG Agriculture France SA.43200 Aide aux contributions financières des fonds de mutualisation Federation: Point 3 “Improvement of marketing” of the GAK Framework - Notification of support to intermediate enterprises related to measure 2.0 “Investments in the processing and marketing of agricultural products” Germany SA.42954 Italy SA.41321 Green infrastructures with ecological objective to enhance the natural capital Aid for afforestation and creation of woodland 6/01/2016 Italy SA.42821 Supply chain and district contracts Aid for investment in connection with the processing of agricultural products and the marketing of agricultural products 6/01/2016 Decision to initiate the formal investigation procedure Case Number Country Title Objective Decision date DG Competition Germany SA.34402 State financing of software solutions for universities (HIS) - Germany Sectoral development 23/12/2015 United Kingdom SA.38760 Drax 3rd Unit Biomass Conversion Environmental protection 5/01/2016 Negative decision with recovery Case Number Country Title Objective Decision date DG Competition Italy SA.39451 State support to Banca TERCAS - (ex-officio) State Aid Weekly e-News No 01/16 Remedy for a serious disturbance 23/12/2015 3 in the economy Proposal for appropriate measures Case Number Country Title Decision date Objective DG Competition Greece SA.33828 Greek tonnage tax scheme and other State measure in favour of shipping companies 18/12/2015 Links to the some cases are not yet available. Please refer to the Register webpage and make a manual search in the days immediately after the publication date of this issue to access the information on the specific cases. The editorial team apologises for any inconvenient this might cause. Block exemptions Block Exemptions information sheets published in the State Aid register during the reporting period. Additional points of interest Events Title Date Essentials of State Aid Law and Procedures Place Organiser 8-9 February Brussels Lexxion 18-19 February Barcelona EIPA 18-19 February Berlin European Academy for Taxes, Economics & Law 19 February Paris Lexxion 22-23 February Berlin European Academy for Taxes, Economics & Law 8-9 March Maastricht EIPA 14-15 March Brussels Lexxion 17-18 March Berlin Lexxion 31 March – 2 April Milan Lexxion 21-22 April Berlin European Academy for Taxes, Economics & Law 19-20 May Brussels ERA Read more Ayudas de Estado y Medio Ambiente Read more Major Projects funded by ESI funds 2014-2020 Read more The Rights and Duties of Providers and Beneficiaries of State Aid Read more The General Block Exemption Regulation (GBER) in Practice Read more Advanced State Aid Seminar Read more State Aid for Agriculture, Fisheries and Forestry Read more EU Funding and State Aid for Energy Read more EStAL Seminar 2016: State Aid and Services of General Economic Interest (SGEI) Read more State Aid & SGEI in Health care, Social services and Infrastructures Read more State Aid Proceedings and Litigation Read more State Aid Weekly e-News No 01/16 4 Next publication date: Thursday 14.01.2016 Previous issues Subscription If you wish to subscribe to “State Aid Weekly e-News” and receive it in your Inbox for free, please click here. To unsubscribe, please use the same link, complete with your login or email address and password, confirm and on the next page click on "Unregister". Please, note that the information requested under “Change personal details” is not compulsory. In order to complete the subscription it is sufficient to fill in the data requested under “Add subscription”. About e-News This e-News is issued every week to present the latest developments in the area of State aid. It features information on new legislative texts and proposals, decisions of the European Commission and the Courts of the European Union and other state aid–related documents and events. A great deal of additional information on State aid matters is available on the Internet. It can be accessed through the Europa server. Other documents related to the cases, can be found under the link to the State aid Register. Publisher European Commission DG Competition Unit A-3 – State aid strategy Chief Editor: Nicola Pesaresi Editing team: Valerie Nechelput, Christine Jacob, Hildegard Vandromme Contact the publisher for comments, queries or suggestions: [email protected] Disclaimer Neither the European Commission nor any person acting on behalf of the Commission is responsible for the completeness, accuracy of the information and the use which might be made of the information provided in this document. © European Union 2015. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. Where prior permission must be obtained for the reproduction or use of textual and multimedia information, such permission shall cancel the above-mentioned general permission and shall clearly indicate any restrictions on use. State Aid Weekly e-News No 01/16 5
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