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Document 32012D0021
State aid — application of rules for services of general economic interest (SGEI)
State aid — application of rules for services of general economic interest (SGEI)
SUMMARY OF:
Communication — EU framework for State aid in the form of public service compensation
WHAT IS THE AIM OF THE DECISION AND COMMUNICATIONS?
KEY POINTS
Services of general economic interest (SGEI)
Services of general economic interest are economic activities, such as transport networks and postal and social services, regarded by public authorities as being particularly important to citizens, and that would not be supplied (or would be supplied under different conditions) if there were no public intervention.
Compensation for SGEI
According to the 2003 Altmark judgment of the Court of Justice of the European Union (CJEU), public service compensation does not constitute State aid when 4 cumulative conditions are met:
Where 1 or more of these conditions is not fulfilled, the public service compensation will be examined under State aid rules.
Reform of State aid rules for SGEI
A 4-document SGEI package aims to clarify and simplify State aid rules for SGEI.
Communication on the application of EU State aid rules
The decision and the framework referred to below define the conditions under which a State aid measure is deemed to be or can be found compatible with the internal market on the basis of Article 106(2).
Decision 2012/21/EU
EU framework
The framework:
Reporting
EU countries must report to the Commission on the implementation of the decision and on the compliance with the framework every 2 years.
Transparency
EU countries must publish details on funding an SGEI within the scope of the decision (for compensation above €15 million granted to an undertaking that also has activities outside the scope of the SGEI) or the framework on an annual basis:
Guidelines
The Commission has prepared guidelines on the application of State aid rules to SGEIs.
FROM WHEN DOES THE DECISION APPLY?
It has applied since 31 January 2012.
BACKGROUND
MAIN DOCUMENTS
Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest (OJ C 8, 11.1.2012, pp. 4-14)
Commission Decision 2012/21/EU of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ L 7, 11.1.2012, pp. 3-10)
Communication from the Commission — European Union framework for State aid in the form of public service compensation (2011) (OJ C 8, 11.1.2012, pp. 15-22)
RELATED DOCUMENTS
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 106 (ex Article 86 TEC) (OJ C 202, 7.6.2016, pp. 90-91)
Commission Staff Working Document — Guide to the application of the European Union rules on state aid, public procurement and the internal market to services of general economic interest, and in particular to social services of general interest (SWD(2013) 53 final/2, 29.4.2013)
Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest (OJ L 114, 26.4.2012, pp. 8-13)
Successive amendments to Regulation (EU) No 360/2012 have been incorporated into the original text. This consolidated version is of documentary value only.
last update 09.09.2019