ISSN 1977-091X |
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Official Journal of the European Union |
C 101 |
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English edition |
Information and Notices |
Volume 66 |
Contents |
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II Information |
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JOINT DECLARATIONS |
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European Parliament |
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2023/C 101/01 |
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European Parliament |
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2023/C 101/02 |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2023/C 101/03 |
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2023/C 101/04 |
Non-opposition to a notified concentration (Case M.11007 – REGAL REXNORD / ALTRA) ( 1 ) |
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IV Notices |
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NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2023/C 101/05 |
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European Food Safety Authority |
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2023/C 101/06 |
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V Announcements |
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ADMINISTRATIVE PROCEDURES |
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European Commission |
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2023/C 101/07 |
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OTHER ACTS |
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European Commission |
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2023/C 101/08 |
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(1) Text with EEA relevance. |
EN |
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II Information
JOINT DECLARATIONS
European Parliament Council
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/1 |
Joint political statement by the European Parliament and the Council of the European Union on the financing of the Union Secure Connectivity Programme for the period 2023-2027
(2023/C 101/01)
The European Parliament and the Council agree, without prejudice to the prerogatives of the budgetary authority in the framework of the annual budgetary procedure, that the financing of the Union Secure Connectivity Programme for the period 2023-2027 will indicatively be covered in the years 2023-2027 as follows:
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EUR 200 million from the unallocated margins from Heading 1 and Heading 5; |
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EUR 1 450 million from contributions from Heading 1, Heading 5 and Heading 6. |
European Parliament Council European Commission
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/2 |
Joint political statement by the European Parliament, the European Commission and the Council of the European Union on the re-use of decommitted funds in Horizon Europe
(2023/C 101/02)
In the Joint Declaration on the re-use of decommitted funds in relation to the research programme (1) the European Parliament, the Council and the Commission agreed to make available again to the benefit of the research programme commitment appropriations, corresponding to the amount up to EUR 0,5 billion (in 2018 prices) in the period 2021-2027 of decommitments, which results from total or partial non-implementation of projects belonging to the ‘Horizon Europe’ Framework Programme or its predecessor ‘Horizon 2020’ (2), as provided for in Article 15(3) of the Financial Regulation.
In the statement (3) on Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(1), the European Parliament, the Council and the Commission agreed on an indicative distribution of that amount that will be up to EUR 300 000 000 in constant 2018 prices for the cluster ‘Digital, Industry and Space’ in particular for quantum research.
Without prejudice to the powers of the budgetary authority in the framework of the annual budgetary procedure and to the Commission’s powers to implement the budget, the European Parliament, the Council and the Commission agree that, within the cluster on ‘Digital, Industry and Space’ of Horizon Europe, an indicative amount of EUR 200 000 000 in constant 2018 prices will be allocated to secure connectivity research activities.
(1) OJ C 444 I, 22.12.2020, p. 3.
(2) Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/3 |
COMMUNICATION FROM THE COMMISSION
Temporary Crisis and Transition Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia
(2023/C 101/03)
1. AGGRESSION AGAINST UKRAINE BY RUSSIA, ITS EFFECT ON THE EU ECONOMY AND THE NEED FOR TEMPORARY STATE AID SUPPORT MEASURES
(1) |
On 24 February 2022, after having illegally recognised the non-government controlled areas of Donetsk and Luhansk regions in Ukraine as independent entities, Russia launched an unprovoked and unjustified military aggression against Ukraine. The European Union (EU) and international partners immediately reacted to the serious violation of the territorial integrity, sovereignty and independence of Ukraine by imposing restrictive measures (sanctions). Sanctions were also imposed against Belarus, due to its role in facilitating Russia’s military aggression. Further measures have been adopted over the following weeks and months, and others might be adopted as the situation evolves. Russia decided to take certain restrictive economic counter measures of its own and to deliberately weaponise gas flows to the EU. |
(2) |
The Russian military aggression against Ukraine and its direct and indirect effects, including the sanctions imposed and the counter measures taken, for example by Russia, have economic repercussions on the entire internal market. Undertakings in the EU may be affected in multiple ways, both directly and indirectly. This may take the form of shrinking demand, interruption of existing contracts and projects, with the consequent loss of turn-over, disruptions in supply chains, in particular of raw materials and pre-products, or other inputs no longer being available or not being economically affordable. |
(3) |
The likelihood of a military aggression by Russia against Ukraine had already had effects on the energy market in the weeks preceding the physical aggression. The Russian military aggression against Ukraine has directly resulted in a disruption of supply chains for EU imports from Ukraine for certain products, especially cereals and vegetable oils, as well as for EU exports to Ukraine. The energy market has been significantly impacted with increases in electricity and gas prices in the EU. High energy prices impact several economic sectors, including some of those particularly hit by the COVID-19 pandemic, like transport and tourism. Some critical products are in short supply, because of the military aggression and the countermeasures taken by Russia. These are specific areas where restricted supply creates the risk of substantial reduction in industrial output, despite ongoing supply substitution. The impact has also been felt on financial markets, in particular with concerns for liquidity and market volatility in commodity trade. The military aggression against Ukraine by Russia has also led to a major displacement of Ukrainian citizens both internally and in neighbouring countries, with a unprecedented inflow into the EU of refugees, with major humanitarian and economic consequences. |
(4) |
The geopolitical crisis provoked by Russia’s aggression against Ukraine is also having a particularly severe impact on the agriculture, food processing, fisheries and aquaculture sectors in the EU. High energy prices feed into high fertilisers prices. Fertiliser supply in the EU is also impacted by these restrictions on fertiliser imports into the EU from Russia and Belarus. The crisis has had serious consequences on the supply of grain (in particular maize and wheat) and oilseeds (sunflower, rapeseed) or starch-derivatives from Ukraine and Russia to the EU, leading to a strong temporary increase in livestock feed prices. The combined impact of those cost increases in energy, fertiliser, grains and oils is hardest felt by livestock farming in the EU (1). Ukraine is also an important producer and exporter of vegetable oils (sunflower in particular), therefore price increases for those products are affecting operators in the food-processing sector and forcing them to seek for alternatives. |
(5) |
A second concern is the trade disruption of EU products to Ukraine and also to Russia and Belarus due to the war situation or its direct or indirect effects. This would affect mainly the sectors of wines and spirits, processed foods (including processed fruits and vegetables), chocolate, confectionery, infant formula, and pet food in the case of Russia, fruits and vegetables in the case of Belarus, and most agricultural products in the case of Ukraine. |
(6) |
The situation is aggravated by the sharp increase of production costs, in part through the increase of nitrogen fertiliser costs due to the extreme increase of the price of natural gas, but also by direct use of energy in agricultural, fishery and aquaculture production processes. |
(7) |
The geopolitical crisis provoked by Russia’s aggression against Ukraine and its weaponisation of energy supplies also exacerbates the urgency for the EU to reduce its dependence on fossil fuels by accelerating the roll-out of renewable energy, decarbonisation of industry and the deployment of capacities in sectors strategic to the transition towards a net-zero economy, also considering global challenges posing a threat of investments in these sectors being diverted in favour of third countries outside the EEA. |
(8) |
It is against that background that the Commission has decided to adopt this Communication to specify the criteria for the assessment of the compatibility with the internal market of State aid measures that Member States may take to remedy the economic effects following the aggression against Ukraine by Russia and its direct and indirect effects, including the counter measures taken, for example by Russia (2). A coordinated economic response of Member States and EU institutions is crucial to mitigate the immediate social and economic negative repercussions in the EU, to preserve economic activities and jobs, and to facilitate the structural adjustments needed in response to the new economic situation created by the Russian military aggression against Ukraine. |
1.1. Sanctions imposed by the European Union and international partners in response to Russia’s aggression against Ukraine
(9) |
Following the unprovoked and unjustified aggression against Ukraine by Russia, the Council of the European Union has agreed on several packages of restrictive measures. |
(10) |
On 23 February 2022, the Council agreed on a package including (i) targeted sanctions against the 351 members of the Russian State Duma and an additional 27 individuals, (ii) restrictions on economic relations with the non-government controlled areas of Donetsk and Luhansk regions of Ukraine, and (iii) restrictions on Russia’s access to the EU’s capital and financial markets and services (3). |
(11) |
On 25 February 2022, the Council agreed on further sanctions against Russia that target: (i) the financial sector, (ii) the energy, space and transport sectors (aviation), (iii) dual-use goods, (iv) export control and export financing, (v) visa policy, and (vi) additional sanctions against Russian and other (including Belarusian) individuals (4) |
(12) |
On 28 February 2022, the Council decided to close the European airspace for Russian aircraft and adopted preventive measures to ensure that the Russian Central Bank cannot deploy its international reserves in ways that undermine the impact of the measures taken (5). The Council also adopted additional sanctions against Russian persons (6). |
(13) |
On 1 March 2022, the Council adopted further measures: (i) the removal of selected Russian banks from the SWIFT messaging system (7), (ii) measures against disinformation spread by Russian State-owned media Russia Today and Sputnik (8). |
(14) |
On 2 March 2022, due to its role in facilitating the military aggression, the Council decided to introduce further sanctions against Belarus related to the trade of goods used for the production or manufacturing of tobacco products, mineral products, potassium chloride (‘potash’) products, wood products, cement products, iron and steel products, and rubber products. It also prohibited the export to Belarus or for use in Belarus of dual-use goods and technology, exports of goods and technology which might contribute to Belarus’s military, technological, defence and security development, and exports of machinery, together with restrictions on the provision of related services (9). The Council also adopted individual measures against 22 Belarusian individuals (10). |
(15) |
On 9 March 2022, the Council adopted additional measures targeting the Belarusian financial sector, including a SWIFT ban for three Belarusian banks, a prohibition on transactions with the Central Bank of Belarus, limits on the financial inflows from Belarus to the EU and a prohibition on the provision of euro-denominated banknotes to Belarus (11). The Council also introduced further restrictive measures with regard to the export of maritime navigation goods and radio communication technology to Russia. In addition, the Council imposed restrictive measures on an additional 160 individuals (12). On 15 March 2022 (13), the Council agreed on further sectoral and individual measures against Russia. The Council decided in particular to: (i) prohibit all transactions with certain State-owned enterprises, (ii) prohibit the provision of any credit rating services, as well as access to any subscription services in relation to credit rating activities, to any Russian person or entity, (iii) expand the list of persons connected to Russia’s defence and industrial base, on whom tighter export restrictions are imposed regarding dual-use goods and technology which might contribute to Russia’s technological enhancement of its defence and security sector, (iv) prohibit new investments in the Russian energy sector, and introduce a comprehensive export restriction on equipment, technology and services for the energy industry, and (v) introduce further trade restrictions concerning iron and steel, as well as luxury goods (14). Furthermore, the Council decided to sanction key Russian oligarchs, lobbyists and propagandists, as well as key companies in the aviation, military and dual use, shipbuilding and machine building sectors (15). |
(16) |
On 3 June 2022, the Council adopted a sixth package of sanctions (16), in light of Russia’s continuing war of aggression against Ukraine, Belarus’ support for it, and the reported atrocities committed by the Russian armed forces. The package includes: 1) a ban on imports from Russia of crude oil and refined petroleum products, with limited exceptions; 2) a SWIFT ban for an additional three Russian bank and one Belarusian bank; and 3) a suspension of broadcasting in the Union for three more Russian State-owned outlets. The Union also adopted sanctions against an additional 65 individuals and 18 entities. They include individuals responsible for the atrocities committed in Bucha and Mariupol. |
(17) |
On 21 July 2022, the Council adopted a seventh package, also called a ‘maintenance and alignment package’ (17) consisting of the following additional measures: 1) gold import ban, 2) reporting requirements strengthened for sanctioned individuals; 3) targeted export bans; 4) port access ban; 5) financial sanctions; 6) food and energy security; 7) medical and pharmaceutical exemptions. The Union also added 54 individuals and 10 entities on the asset freeze list. |
(18) |
On 6 October 2022, the Council adopted an eighth package of sanctions consisting of the following additional measures (18): 1) additional listing of persons and entities in the sanctions list; 2|) extension of restrictions to the oblasts of Kherson and Zaporizhzhia; 3) new import and export restrictions; 4) implementing the G7 oil price cap; 5) restrictions on State-owned enterprises; 6) restrictions on financial, IT consultancy and other business services; and 7) deterring sanctions circumvention. |
(19) |
On 16 December 2022, the Council adopted a ninth package of sanctions (19) in response to Russia’s invasion of Ukraine, including bans on exports of drone engines, exports of dual-use goods and technology, investments in the mining sector, transactions with the Russian Regional Development Bank, and the provision of advertising, market research and public opinion polling services; in addition, the Council decided to adopt a comprehensive package of individual measures. On 25 February 2023, the Council adopted a tenth package of sanctions, imposing further export bans on critical technology and industrial goods, such as electronics, specialised vehicles, machine parts, spare parts for trucks and jet engines, as well as goods for the construction sector which can be directed to Russia’s military, such as antennas or cranes. The Council also decided to impose restrictive measures on an additional 87 individuals and 34 entities (20). |
(20) |
In close cooperation with the EU, sanctions were also imposed by international partners, notably the United States, the United Kingdom, Canada, Norway, Japan, South Korea, Switzerland and Australia. |
1.2. Undertakings and households affected by high gas and electricity prices or by disruptions of energy supply
(21) |
The current crisis has driven up the prices for gas and electricity to unprecedented highs, significantly above the already elevated levels observed in the period before the aggression. Russia’s deliberate weaponisation of gas flows has created significant volatility and uncertainty in the EU and global energy markets. The EU and its Member States have taken numerous measures to address high prices and secure energy supplies. In this context, the Commission refers to the toolbox which it presented already in October 2021 (21) (the ‘October Communication’), the REPowerEU Communication of 8 March 2022 (‘the REPowerEU Communication’) (22) , (23), the REPowerEU Plan (24) of 18 May 2022, the Gas Storage Regulation (25), the Save Gas for a Safe Winter Communication (26) of 20 July 2022, the Regulation (EU) 2022/1369 on coordinated demand-reduction measures for gas (27) and the Regulation (EU) 2022/1854 on an emergency intervention to address high energy prices (28). On 18 October 2022, the Commission adopted the Energy Emergency Communication (29) to prepare, purchase and protect the EU together. In conjunction with this Communication the Commission proposed a new emergency regulation (30) to address high gas prices in the EU and ensure security of supply for the upcoming winter. This will be done through joint gas purchasing, price limiting mechanisms on the TTF gas exchange, new measures on transparent infrastructure use and solidarity between Member States, and continuous efforts to reduce gas demand. |
(22) |
Very high energy prices are hurting the economy as well as the purchasing power of EU citizens, notably the most vulnerable. The European Central Bank estimated that real GDP will contract by 0,1 % in the last quarter of 2022 and remain flat in the first quarter of 2023 mainly owing to the impact of energy supply disruptions, higher inflation and the related fall in confidence (31). Continued high energy prices are likely to increase poverty and affect business competitiveness. Energy-intensive industries in particular have faced higher manufacturing costs. These cost increases can in certain cases put into question the continued activity in the EU of undertakings which otherwise would be profitable, with a likely subsequent impact on employment. |
(23) |
The toolbox presented by the Commission in October 2021 has proven useful, and has been extensively applied by many Member States who have adopted numerous measures at national level. The toolbox was expanded in spring 2022 with the Communication on short-term market interventions and long-term improvements to the electricity market design (32). |
(24) |
The REPowerEU Communication outlined measures to respond to rising energy prices and replenish gas stocks for the winter and the REPowerEU plan (33) sets out actions to accelerate the rollout of renewable energy, energy savings and energy efficiency and to diversify energy supplies. Accelerating the green transition will reduce emissions, reduce dependency on imported fossil fuels, and protect against price hikes. The Gas Storage Regulation (34) established new minimum gas storage obligations to ensure supply for the coming winter, requiring Member States to fill gas storage facilities by 1 November to 80 % in 2022 and to 90 % by the same date in the years to follow. |
(25) |
As the crisis further amplified risks of security of supply and disruptions, the Union started to prepare for a protracted and possibly full cut of gas from Russia. The new European Gas Demand Reduction Plan (35) sets out measures, principles and criteria for coordinated demand reduction and is accompanied by the Regulation (EU) 2022/1369 on coordinated demand-reduction measures for gas (36) which sets a voluntary gas demand reduction target of 15 % in all Member States and introduces a process to trigger a binding demand reduction target should it become necessary. |
(26) |
On 6 October 2022, the Council adopted Regulation (EU) 2022/1854 on an emergency intervention to address high energy prices to reduce the energy bills for European citizens and businesses. Among others, the Regulation (EU) 2022/1854 includes measures to reduce electricity demand, which will help lower the electricity costs for consumers and to redistribute the energy sector’s surplus revenues to final customers. |
(27) |
On 19 and 22 December 2022, the Council adopted further Regulations to tackle the high energy prices, namely: Council Regulation (EU) 2022/2576 on enhancing solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price benchmarks (37), Council Regulation (EU) laying down a framework to accelerate the deployment of renewable energy (38) and Council Regulation (EU) 2022/2578 establishing a market correction mechanism to protect citizens and the economy against excessively high prices (39). |
1.3. The need for close European coordination of national aid measures
(28) |
Targeted and proportionate application of EU State aid control serves to ensure that national support measures are effective in helping undertakings and workers affected by the current crisis and preserving the long-term fiscal sustainability of the national support measures. EU State aid control also ensures that the EU internal market is not fragmented and that the level playing field stays intact. The integrity of the internal market is important to withstand external pressure and to avoid subsidy races, where Member States with deeper pockets can outspend neighbours to the detriment of cohesion within the Union. |
(29) |
The Commission considers that the current crisis affecting undertakings in all Member States justifies to allow a calculation of maximum aid ceilings in the applicable sections based on a per Member State basis, as long as it remains ensured that eligible costs may only be covered once and that the specific aid ceilings, applicable under the present Communication, are respected. |
(30) |
The Commission further considers that in order to address the fossil fuel dependency as a major element exacerbating the crisis and to accelerate the green transition in line with REPowerEU objectives, while ensuring the resilience of future EU low-carbon energy system, additional strategic investments are required. This is particularly relevant in the current global context where such investments are at risk of being diverted away from the EEA. While sections 2.5 and 2.6 of this Communication provide relevant tools to deploy renewable energy generation projects and implement industrial decarbonisation measures, those tools have an important but indirect effect on the production of the equipment and components needed for the transition towards a net-zero economy. Against this background, section 2.8 of this Communication provides Member States with additional possibility to grant aid that directly supports productive investments in specified strategic goods necessary for this transition. As the Union’s instrument for catalysing private investment into EU priority areas, InvestEU has a central role in mobilising support for those priority areas, in particular with regard to energy and the Green Deal Industrial Plan (40). Therefore, to the extent that the measures put in place by the implementing partners and financial intermediaries of InvestEU are subject to state aid rules, those measures may be covered by the schemes approved by the Commission under sections 2.5, 2.6 and 2.8 of this Communication. Because the support of investments into production facilities could lead to tensions with overarching objectives of the integrity of the internal market and cohesion, such support needs to be clearly confined to the defined strategic areas, limited in time and nominal aid amounts and ensure sufficient incentives to address cohesion objectives. This Communication sets out in section 2.8 the specific conditions under which support for investments for specific measures for the transition towards a net-zero economy will exceptionally be considered compatible. In so far as this section covers the possibility to provide individual support outside a scheme, it will either be limited to assisted areas as defined in the applicable regional aid maps or it will have to involve investments in at least three EEA Member States, of which a significant part should take place in at least two assisted areas. This requirement will contribute to the further development of a broader ecosystem along the relevant value chain across Europe, strengthening the supply chain resilience. |
1.4. Appropriate State aid measures
(31) |
In the overall effort of Member States to address the challenges resulting from theRussian war of aggression against Ukraine, this Communication sets out the possibilities Member States have under EU State aid rules to ensure liquidity and access to finance for undertakings, especially SMEs that face economic challenges under the current crisis, and to incentivise reduced energy consumption. |
(32) |
As set out in the 2021 October Communication, measures benefiting non-commercial energy consumers do not constitute State aid, provided they do not indirectly benefit a specific sector or undertaking. Member States can, for example, make specific social payments to those most at risk which could help them afford their energy bills in the short term, or provide support for energy efficiency improvements, while ensuring effective market functioning. |
(33) |
Measures targeting commercial energy consumers do not constitute State aid, provided such measures are of a general nature. Such non-selective measures can, for example, take the form of general reductions in taxes or levies, a reduced rate to the supply of natural gas, electricity or district heating or reduced network costs. To the extent national interventions qualify as aid, they may be considered compatible with State aid rules if they meet certain requirements. For example, aid in the form of reductions in harmonised environmental taxes that respect the minimum levels of taxation and the rules set out in the Energy Taxation Directive (41) and are in line with the provisions of a Block Exemption Regulation may be implemented by Member States without prior notification to the Commission. |
(34) |
With respect to sections 2.1 and 2.4 of this Communication aid can be granted directly to the final beneficiary or channelled through an energy supplier. If aid is channelled through an energy supplier, the Member State must demonstrate that it operates a mechanism that preserves competition between suppliers and that ensures that the aid is passed on to the final beneficiary. |
(35) |
The Commission considers that certain financial needs may require different tools than those covered by sections 2.1, 2.2 and 2.3 of this Communication. This might in particular be the case where the current crisis leads not only to liquidity needs but also to considerable losses that may undermine the beneficiary’s ability to service its debt and point at solvency needs. In cases where large amounts of aid are granted to individual beneficiaries and where the ability of those beneficiaries to service their debt, based on their past earning capacity, seems challenging, Member States may consider asking for information from the beneficiaries about their projected future earnings capacity to continue servicing the debt, with the aim of assessing whether the use of different tools, such as solvency support, may be or may become more adequate to address their financial needs. |
(36) |
In specific circumstances (42), Member States may consider that undertakings severely affected by the current crisis require solvency support that cannot be sufficiently provided via private sources alone. Where undertakings would cease or downsize operations without such solvency support and when ceasing or downsizing operations would threaten energy markets or other markets which are of systemic importance for the economy (or for the security and resilience of the internal market), such solvency support might be considered compatible based on Article 107(3)(b) TFEU. |
(37) |
The Commission considers the following general principles as particularly relevant in the required case-by-case assessment outlined in point 36 above:
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(38) |
Member States are invited to consider, in a non-discriminatory way, setting requirements related to environmental protection or security of supply for granting aid under section 2.4 and 2.8 of this Communication. This could, for example, take the following forms: (45)
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(39) |
Member States may also grant aid to make good the damage caused by exceptional occurrences under Article 107(2)(b) TFEU. Such State aid aimed at mitigating damage directly caused by the current and exceptional occurrences of the Russian aggression against Ukraine may also cover the effects of certain consequences of the Russian aggression, including the economic sanctions imposed or of the counter measures negatively affecting the beneficiary from operating its economic activity or a specific and severable part of its economic activity. |
(40) |
Damage directly caused by mandatory reductions in natural gas or electricity consumption which may have to be imposed by Member States can be assessed under Article 107(2)(b) TFEU, provided there is no overcompensation. |
(41) |
Member States must notify such aid measures and the Commission will assess them directly under Article 107(2)(b) TFEU. Such aid may be granted to undertakings in difficulty. |
(42) |
In line with Regulation (EU) 2022/1369 on coordinated demand-reduction measures for gas (46), Member States may consider appropriate measures to incentivise voluntary reductions in natural gas demand. Where Member States envisage introducing such incentives in the context of the current crisis, the Commission will assess such measures directly under Article 107(3)(b) TFEU. While this will require a case-by-case assessment, the Commission considers the following elements to be particularly relevant:
|
(43) |
Member States may also consider measures to incentivise the filling of gas storage facilities to the extent that the market does not provide incentives to do so adequately. Where Member States envisage granting incentives for the filling of gas storage facilities in the context of the current crisis, the Commission will assess them directly under Article 107(3)(b) TFEU (47). While this will require a case-by-case assessment, the Commission considers the following elements as particularly relevant:
|
(44) |
The Commission will consider on a case-by-case basis possible necessary, proportionate and appropriate aid, in line with the Commission Communication ‘Save gas for a safe winter’ (49) and the national gas security of supply emergency plans, in order to adapt facilities that will contribute to replace gas, for a limited period of time, with another more polluting carbon fuel. Any such alternative carbon fuel must have the lowest possible emissions content, while the aid should be subject to energy efficiency efforts and must avoid lock-in effects beyond the crisis, in line with EU climate objectives. Such measures can be aimed at both pre-emptively reducing the consumption of gas or to respond to mandatory reductions in natural gas demand, unless otherwise compensated (50). |
(45) |
In view of the challenges to transport goods to and from Ukraine, the Commission will consider on a case-by-case basis possible aid for insurance or reinsurance regarding transport of goods to and from Ukraine. Among other things, Member States will need to show that the insurance or reinsurance is not available at all or at rates which are substantially higher than before Russia’s invasion of Ukraine. |
(46) |
The transport of refugees and humanitarian material does not fall in principle under EU State aid rules, as long as the State is acting in the exercise of public powers (as opposed to carrying out an economic activity) and as long as the transport services are not purchased at a level above the market price. |
(47) |
Aid granted by Member States under this Communication to undertakings, which is channelled through credit institutions as financial intermediaries, shall benefit those undertakings directly. However, it may confer an indirect advantage on the financial intermediaries. Nevertheless, under the safeguards of sections 2.2 and 2.3, such indirect advantages do not have the objective to preserve or restore the viability, liquidity or solvency of the credit institutions. As a result, such aid would not be qualified as extraordinary public financial support under Directive 2014/59/EU of the European Parliament and of the Council (the Bank Recovery and Resolution Directive - BRRD) (51) or under Regulation (EU) 806/2014 of the European Parliament and of the Council (the Single Resolution Mechanism - SRM Regulation) (52), and would not be assessed under the State aid rules applicable to the banking sector (53). |
(48) |
Aid granted by Member States to credit institutions or other financial institutions under Article 107(2)(b) TFEU to compensate for direct damage suffered as a result of the current crisis or aid granted by Member States to credit institutions or other financial institutions under section 2.4 of this Communication, which do not have the objective to preserve or restore the viability, liquidity or solvency of an institution or entity would not be qualified as extraordinary public financial support under the BRRD nor under the SRM Regulation, and would also not be assessed under the State aid rules applicable to the banking sector (54). |
(49) |
If due to the current crisis credit institutions would need extraordinary public financial support (see Article 2(1)(28) BRRD and Article 3(1)(29) SRM Regulation) in the form of liquidity, recapitalisation or an impaired asset measure, it will have to be assessed whether the measure meets the conditions of Article 32(4)(d) (i), (ii) or (iii) of the BRRD and Article 18(4)(d)(i), (ii) or (iii) of the SRM Regulation. Where the latter conditions are fulfilled, the credit institution receiving such extraordinary public financial support would not be deemed to be failing-or-likely-to-fail. |
(50) |
To the extent such measures address problems linked to the aggression against Ukraine by Russia and its direct and indirect effects, they would be deemed to fall under point 45 of the 2013 Banking Communication (55), which sets out an exception to the requirement of burden-sharing by shareholders and subordinated creditors. |
(51) |
Aid granted under this Communication shall not be conditioned on the relocation of a production activity or of another activity of the beneficiary from another country within the EEA to the territory of the Member State granting the aid. Such condition would appear to be harmful to the internal market. Without prejudice to the specific safeguards included in section 2.8 of this Communication, this is irrespective of the number of job losses actually occurred in the initial establishment of the beneficiary in the EEA. |
(52) |
Aid under this Communication shall not be granted to undertakings under sanctions adopted by the EU, including but not limited to:
|
(53) |
State aid measures, which entail, by themselves, by the conditions attached to them or by their financing method a non-severable violation of Union law cannot be declared compatible with the internal market. This may be the case, for instance, where the aid is subject to clauses conditioning it directly or indirectly on the origin of products or equipment, such as requirements for the beneficiary to purchase domestically-produced products. The Commission will not authorise aid for export-related activities to third countries or to Member States which would be directly linked to the quantities exported, aid contingent upon the use of domestic over imported goods, or aid to establish and operate a distribution network or to cover any other expenditure linked to export activities. |
1.5. Applicability of Article 107(3)(b) of the TFEU
(54) |
Pursuant to Article 107(3)(b) TFEU the Commission may declare compatible with the internal market aid ‘to remedy a serious disturbance in the economy of a Member State’. In this context, the Union courts have ruled that the disturbance must affect the whole or an important part of the economy of the Member State concerned, and not merely that of one of its regions or parts of its territory. This, moreover, is in line with the need to make a strict interpretation of any exceptional provision such as Article 107(3)(b) TFEU (56). That interpretation has been consistently applied by the Commission in its decision-making (57). |
(55) |
The Commission considers that the aggression against Ukraine by Russia and its direct and indirect effects, including the sanctions imposed the EU or its international partners and the counter measures taken, for example by Russia have created significant economic uncertainties, disrupted trade flows and supply chains and led to exceptionally large and unexpected price increases, especially in natural gas and electricity, but also in numerous other input and raw materials and primary goods. Those effects taken together have caused a serious disturbance of the economy in all Member States. Supply chain disruptions and increased uncertainty have direct or indirect effects that affect many sectors. In addition, rising energy prices affect virtually every economic activity in all Member States. The Commission considers accordingly, that a wide range of economic sectors in all Member States are affected by a serious economic disturbance. On that basis, the Commission considers that it is appropriate to lay down the criteria for the assessment of State aid measures that Member States may take to remedy that serious disturbance. |
(56) |
State aid is in particular justified and can be declared compatible with the internal market on the basis of Article 107(3)(b) TFEU, for a limited period, if it serves to remedy the liquidity shortage faced by undertakings that are directly or indirectly affected by the serious disturbance of the economy caused by the Russian military aggression against Ukraine and its direct and indirect effects, including the sanctions imposed by the EU or by its international partners, as well as the economic counter measures taken, for example by Russia. |
(57) |
The Commission sets out in this Communication the criteria for the compatibility assessment it will apply in principle to the aid granted by Member States in this context under Article 107(3)(b) TFEU. Member States must therefore show that the State aid measures notified to the Commission and falling within the scope of this Communication are necessary, appropriate and proportionate to remedy a serious disturbance in the economy of the Member State concerned and that all the requirements of this Communication are fulfilled. |
(58) |
State aid measures notified and assessed under this Communication are intended to support undertakings active in the EU that are affected by the Russian military aggression and/or its consequences. The aid measures may not in any way be used to undermine the intended effects of sanctions imposed by the EU or its international partners and must be in full compliance with the anti-circumvention rules of the applicable regulations (58). In particular, it must be avoided that natural persons or entities subject to the sanctions benefit directly or indirectly from any such measures (59). |
(59) |
State aid measures falling within the scope of this Communication may be cumulated with one another in line with the requirements in the specific sections of this Communication. State aid measures covered by this Communication may be cumulated with aid under de minimis Regulations (60) or with aid under Block Exemption Regulations (61) provided the provisions and cumulation rules of those Regulations are respected. State aid measures covered by this Communication may be cumulated with aid granted under the COVID-19 Temporary Framework (62), provided their respective cumulation rules are respected. When Member States grant to the same beneficiary loans or guarantees under the COVID-19 Temporary Framework as well as and under this Communication and when the overall amount of the loan principal is calculated on the basis of self-declared liquidity needs of the beneficiary, the Member States must ensure that those liquidity needs are covered only once with aid. Likewise, aid under this Communication may be cumulated with aid under Article 107(2)(b) TFEU but there may be no overcompensation of damage suffered by the beneficiary. |
2. TEMPORARY STATE AID MEASURES
2.1. Limited amounts of aid
(60) |
Beyond the existing possibilities based on Article 107(3)(c) TFEU, temporary limited amounts of aid to undertakings affected by the Russian aggression against Ukraine and/or by its direct or indirect effects can be an appropriate, necessary and targeted solution during the current crisis. |
(61) |
The Commission will consider such State aid compatible with the internal market on the basis of Article 107(3)(b) TFEU, provided that all the following conditions are met (the specific provisions for the primary agriculture, the fishery and aquaculture sectors are set out in point 62):
|
(62) |
By way of derogation from point 61(a), the following specific conditions apply to aid granted to undertakings active in the primary production of agricultural products, fishery and aquaculture sectors, in addition to the conditions of point 61(b) to (d):
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(63) |
Where an undertaking is active in several sectors to which different maximum amounts apply in accordance with points 61(a) and 62(a), the Member State concerned must ensure, by appropriate means, such as separation of accounts, that the relevant ceiling is respected for each of those activities and that the overall maximum amount of EUR 2 million is not exceeded per undertaking per Member State. Where an undertaking is active exclusively in the sectors covered by point 62(a) the overall maximum amount of EUR 300 000 should not be exceeded per undertaking per Member State. |
(64) |
Measures granted under this Communication in the form of repayable advances, guarantees, loans or other repayable instruments may be converted into other forms of aid such as grants, provided the conversion takes place by 30 June 2024 and the conditions in this section are complied with. |
2.2. Liquidity support in the form of guarantees
(65) |
In order to ensure access to liquidity to undertakings affected by the current crisis, public guarantees on loans for a limited period and loan amount can be an appropriate, necessary and targeted solution during the current circumstances (72). |
(66) |
For the same underlying loan principal, guarantees granted under this section may not be cumulated with aid granted under section 2.3 of this Communication and vice versa or with aid granted under sections 3.2 or 3.3 of the COVID-19 Temporary Framework. Guarantees granted under this section may be cumulated for different loans provided the overall loan amount per beneficiary does not exceed the ceilings set out in point 67(e) of this Communication. A beneficiary may benefit in parallel from multiple measures under this section provided the overall amount of loans per beneficiary does not exceed the ceilings set out in point 67(e). |
(67) |
The Commission will consider such State aid in the form of public guarantees as compatible with the internal market on the basis of Article 107(3)(b) TFEU provided:
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2.3. Liquidity support in the form of subsidised loans
(68) |
In order to ensure access to liquidity to undertakings affected by the current crisis, subsidised interest rates for a limited period and loan amount may be an appropriate, necessary and targeted solution during the current circumstances. |
(69) |
For the same underlying loan principal, loans granted under this section shall not be cumulated with aid granted under section 2.2 of this Communication and vice- versa. Loans and guarantees granted under this Communication may be cumulated for different loans provided the overall amount of loans per beneficiary does not exceed the thresholds set out in point 67(e) or in point 70(e). A beneficiary may benefit in parallel from multiple subsidised loans under this section provided the overall amount of loans per beneficiary does not exceed the ceilings set out in point 70(e). |
(70) |
The Commission will consider State aid in the form of subsidised loans in response to the current crisis as compatible with the internal market on the basis of Article 107(3)(b) TFEU, provided the following conditions are met:
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2.4. Aid for additional costs due to exceptionally severe increases in natural gas and electricity prices
(71) |
Beyond the existing possibilities available in accordance with Article 107(3)(c) TFEU and the possibilities set out in this Communication, temporary support could alleviate the consequences of exceptionally severe increases in the price of natural gas and electricity caused by Russia’s aggression against Ukraine. Such support can be provided to undertakings on the basis of either their current or historical energy consumption. In the former case, the support would enable continued economic activity of the most affected undertakings but would inherently involve less incentives to save energy. Against the background of the scarcity of gas supplies in the EU, it is also important to maintain strong incentives for demand reductions and gradual shifts towards reducing gas consumption. Support based on historical energy consumption could maintain intact market incentives to reduce energy consumption and help undertakings cope with the consequences of the current crisis, provided beneficiaries do not substantially reduce production activities below what is necessary to realise the targeted energy savings and/or merely shift their consumption elsewhere. Member States are therefore invited to require beneficiaries to provide adequate commitments to that effect. For any eligible period, Member States may put in place a support scheme either on the basis of current or historical energy consumption. |
(72) |
The Commission will consider State aid compatible with the internal market on the basis of Article 107(3)(b) TFEU, provided the following conditions are met:
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(73) |
In certain situations, further aid may be necessary for beneficiaries suffering from a reduction in economic performance during the crisis. Member States may grant aid exceeding the values calculated pursuant to point 72(f), where, in addition to meeting the conditions in point 72(a) to (e) and (g), the following conditions are met:
|
(74) |
Under this section, the granting authority may make an advance payment to the beneficiary. When doing so, the granting authority may rely on estimations of the eligibility criteria in this section provided that the aid ceilings in this section are respected. The granting authority shall establish a process to verify the relevant eligibility requirements and aid ceilings ex-post on the basis of actual data and claw back any aid payments that do not meet the eligibility criteria or that exceed the aid ceilings no later than six months after the eligible period has ended. |
2.5. Aid for accelerating the rollout of renewable energy and energy storage relevant for REPowerEU
(75) |
Beyond the existing possibilities available in accordance with Article 107(3)(c) TFEU, it is essential in the context of the current crisis and the REPowerEU Plan (104) to accelerate and expand the availability of renewable energy in a cost-effective way with a view to quickly reducing dependency on fossil fuels imports, accelerate the energy transition and achieve lower and less volatile energy prices. State aid to accelerate the deployment of renewable energy and energy storage capacity forms part of an appropriate, necessary and targeted solution to reduce the dependency on imported fossil fuels in the current context. In the light of the urgent need to ensure the swift implementation of projects that accelerate the rollout of renewable energy and energy storage, certain simplifications for the implementation of support measures are justified on a temporary basis to allow for the implementation of REPowerEU. |
(76) |
The faster rollout of renewable energy and energy storage may require complementary investments in energy infrastructure, including grid expansion. In line with the Notion of Aid Notice (105), support to energy infrastructure within the framework of a legal monopoly is not subject to State aid rules. In the energy sector, this is particularly relevant for those Member States where the construction and operation of certain infrastructures is exclusively reserved by law for the Transmission System Operator or Distribution System Operator. |
2.5.1. Investment aid for accelerating the rollout of renewable energy and for energy storage
(77) |
The Commission will consider investment aid for the promotion of energy from renewable sources and for energy storage as compatible with the internal market on the basis of Article 107(3)(c) TFEU provided the following conditions are met:
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2.5.2. Operating aid for accelerating the rollout of renewable energy and for energy storage
(78) |
The Commission will consider operating aid for the promotion of energy from renewable sources and for energy storage as compatible with the internal market on the basis of Article 107(3)(c) TFEU provided the following conditions are met:
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(79) |
The Commission will consider aid for increasing the maximum electricity generation capacity of existing installations while not undertaking further investments as compatible with the internal market on the basis of Article 107(3)(c) TFEU provided the following conditions are met:
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2.6. Aid for the decarbonisation of industrial production processes through electrification and/or the use of renewable and electricity-based hydrogen fulfilling certain conditions and for energy efficiency measures
(80) |
Beyond the existing possibilities available in accordance with Article 107(3)(c) TFEU, it is essential in the context of the current crisis and the REPowerEU Plan to facilitate investments in the decarbonisation of industrial activities with a view to quickly reducing dependency on fossil fuels imports. Accelerating electrification and energy efficiency measures in industry, as well as introducing technologies using renewable and electricity-based hydrogen fulfilling the conditions of point 81(i) or renewable hydrogen-derived fuels fulfilling the conditions of point 81(h) form part of an appropriate, necessary and targeted solution to reduce the dependency on imported fossil fuels. |
(81) |
The Commission will consider compatible with the internal market on the basis of Article 107(3)(c) TFEU aid for investments leading to (i) a substantial reduction of greenhouse gas emissions from industrial activities currently relying on fossil fuels as energy source or feedstock, or (ii) a substantial reduction of energy consumption in industrial activities and processes, provided that all the following conditions are met:
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2.7. Aid for additional reduction of electricity consumption
(82) |
Beyond the existing possibilities available in accordance with Article 107(3)(c) TFEU and the possibilities set out in this Communication, temporary support might be needed to achieve the reduction of electricity consumption covered by Articles 3 and 4 of Regulation (EU) 2022/1854 (133). That support might help alleviate the exceptional increase in electricity prices by reducing consumption for more expensive electricity generation technologies (presently based on gas). Therefore, it is equally important to maintain incentives for existing electricity consumption reductions and to ensure consistency with the gas demand reduction targets laid down in Regulation (EU) 2022/1369 (134). In view of the differences across Member States, guidance is needed to ensure that flexibility is framed by criteria aimed at ensuring a level-playing field and the preservation of the integrity of the single market. |
(83) |
The Commission will consider compatible with the internal market on the basis of Article 107(3)(b) TFEU aid for reduction of electricity consumption, provided the following cumulative conditions are met:
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2.8. Aid for accelerated investments in sectors strategic for the transition towards a net-zero economy
(84) |
In view of the need to accelerate the economic transition and overcome the current crisis, Member States may envisage supporting private investment to address the productive investment gap in sectors strategic for the transition towards a net-zero economy and provide incentives for their fast deployment also considering global challenges posing a threat of new investments in these sectors being diverted in favour of third countries outside the EEA. |
(85) |
The Commission will consider aid for investment projects with strategic importance for the transition towards a net-zero economy compatible with the internal market under Article 107(3)(c) TFEU provided the following conditions are met:
|
(86) |
Exceptionally, by derogation from point 85(b) and on the basis of individual notifications, for the production of the relevant goods for the transition towards a net-zero economy as defined in point 85(a) of this Communication, the Commission may approve on the basis of Article 107(3)(c) TFEU individual aid up to the amount of subsidy (149), which the beneficiary could demonstrably receive for an equivalent investment in a third country jurisdiction outside the EEA, provided the following conditions are met:
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3. MONITORING AND REPORTING
(87) |
Member States must publish relevant information on each individual aid above EUR 100 000 (159) granted under this Communication, and above EUR 10 000 (160) in the primary agriculture and in the fisheries sectors, on the comprehensive State aid website or Commission’s IT tool (161) within 12 months from the moment of granting, except for aid granted under section 2.8 for which Member States will have to publish the relevant information within 6 months from the moment of granting. |
(88) |
For aid measures under section 2.4. of this Communication, when the overall aid per undertaking per Member State exceeds EUR 50 million, Member States must include in their schemes a requirement that the beneficiary must submit to the granting authority, within one year from the moment of granting the aid, a plan that specifies how the beneficiary will reduce the carbon footprint of its energy consumption or how it will implement any of the requirements related to environmental protection or security of supply described in point 37 of this Communication. This requirement applies as from 1 January 2023. |
(89) |
Member States must submit annual reports to the Commission (162). |
(90) |
Member States must ensure that detailed records regarding the granting of aid provided for by this Communication are maintained. Such records, which must contain all information necessary to establish that the necessary conditions have been observed, must be maintained for 10 years upon granting of the aid and be provided to the Commission upon request. |
(91) |
The Commission may request additional information regarding the aid granted, in particular, to verify whether the conditions laid down in the Commission decision approving the aid measure have been met. |
(92) |
In order to monitor the implementation of this Communication, the Commission may request Member States to provide aggregate information on the use of State aid measures to remedy the serious disturbance of the economy due to the current crisis. |
4. FINAL PROVISIONS
(93) |
The Commission applies this Communication from 9 March 2023. The Commission applies the provisions of this Communication to all measures notified as of 9 March 2023, as well as to measures notified prior to that date. |
(94) |
This Communication replaces the Temporary Crisis Framework adopted on 28 October 2022 (163) (‘previous Temporary Crisis Framework’). The previous Temporary Crisis Framework is withdrawn with effect from 9 March 2023. The previous Temporary Crisis Framework already replaced the Temporary Crisis Framework adopted on 23 March 2022 (164) as amended on 20 July 2022 (165). |
(95) |
Overall, aid granted under sections 2.1 to 2.3 of the previous Temporary Crisis Frameworks and aid granted under the same respective sections of this Communication cannot exceed the aid ceilings provided in the respective sections of this Communication at any point in time. As regards section 2.4, aid granted under the previous Temporary Crisis Frameworks and aid granted under this Communication cannot exceed the aid ceilings provided by this Communication for the same eligible period. Aid granted under sections 2.5 and 2.6 of the previous Temporary Crisis Frameworks cannot be cumulated with aid granted under the same respective sections of this Communication if it covers the same eligible costs. |
(96) |
In accordance with the Commission notice on the determination of the applicable rules for the assessment of unlawful State aid (166), the Commission applies this Communication to non-notified aid if the aid is granted as of 9 March 2023. |
(97) |
In all other cases, the Commission will apply the rules laid down in the Framework in force when the aid was granted. |
(98) |
The Commission will review all sections under this Communication before 31 December 2023 on the basis of important competition or economic considerations, as well as the international developments. Where helpful, the Commission may also provide further clarifications on its approach to particular issues. |
(99) |
The Commission, in close cooperation with the Member States concerned, ensures swift assessment of measures upon clear and complete notification of measures covered by this Communication. Member States should inform the Commission of their intentions and notify plans to introduce such measures as early and comprehensively as possible. The Commission will provide guidance and assistance to Member States in this process. |
(1) Ukraine is the EU’s fourth biggest external food supplier and a key supplier of cereals (52 % of EU maize imports, 19 % soft wheat), vegetable oils (23 %) and oilseeds (22 %, especially rapeseed: 72 %). Global food prices are already high and could still increase in view of the situation.
(2) For example, on 6 March 2022, the Government of the Russian Federation adopted Decree no 299 Amendment of paragraph 2 of the methodology for determining the amount of compensation to be paid to the patentee when deciding on the use of the invention, utility model, the decision on the use of the invention, without his consent, and the procedure for its payment. This amendment foresees ‘no compensation for the use of an invention, utility model or industrial design of the “patent holders” from foreign States which commit “unfriendly acts’”. According to WIPO Global Brand Database, WIPO Global Designs Database, PatentSight database respectively, in March 2022, there were around 150 000 trademarks, 2000 industrial designs and 44 000 patents held by the EU firms in force in Russia. EU firms’ trademarks protected in Russia concern mainly the following sectors: pharma, cosmetics, automotive, chemical and consumer goods, fashion and luxury goods. Given the vague terminology of the amendment of the compensation methodology to be paid to patentee by Decree no 299 of 6 March 2022 adopted by the Russian Government and the economic exposure of EU undertakings and their intangible assets hold in Russia, such a counter measure may have a potential wide and harmful impact on EU undertakings.
(3) Council Regulation (EU) 2022/259 of 23 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 42 I, 23.2.2022, p. 1); Council Implementing Regulation (EU) 2022/260 and 2022/261 of 23 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 42 I, 23.2.2022, p. 3; OJ L 42 I, 23.2.2022, p. 15); Council Regulation (EU) 2022/262 of 23 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 42 I, 23.2.2022, p. 74); Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas (OJ L 42 I, 23.2.2022, p. 77); Council Decision (CFSP) 2022/264 of 23 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 42 I, 23.2.2022, p. 95); Council Decision (CFSP) 2022/265 and 2022/267 of 23 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 42 I, 23.2.2022, p. 98; OJ L 42 I, 23.2.2022, p. 114); and Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas (OJ L 42 I, 23.2.2022, p. 109).
(4) Council Decision (CFSP) 2022/327 of 25 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 48, 25.2.2022, p. 1); Council Regulation (EU) 2022/328 of 25 February 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 49, 25.2.2022, p. 1); Council Decision (CFSP) 2022/329 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 50, 25.2.2022, p. 1); Council Regulation (EU) 2022/330 of 25 February 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 51, 25.2.2022, p. 1); Council Decision (CFSP) 2022/331 of 25 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 52, 25.2.2022, p. 1); Council Implementing Regulation (EU) 2022/332 of 25 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 53, 25.2.2022, p. 1); Council Decision (EU) 2022/333 of 25 February 2022 on the partial suspension of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation (OJ L 54, 25.2.2022, p. 1).
(5) Council Regulation (EU) 2022/334 of 28 February 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 57, 28.2.2022, p. 1), and Council Decision (CFSP) 2022/335 of 28 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 57, 28.2.2022, p. 4).
(6) Council Implementing Regulation (EU) 2022/336 of 28 February 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 58, 28.2.2022, p. 1) and Council Decision (CFSP) 2022/337 of 28 February 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 59, 28.2.2022, p. 1).
(7) Council Regulation (EU) 2022/345 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 63, 2.3.2022, p. 1), and Council Decision (CFSP) 2022/346 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 63, 2.3.2022, p. 5).
(8) Council Regulation (EU) 2022/350 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 65, 2.3.2022, p. 1), and Council Decision (CFSP) 2022/351 of 1 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 65, 2.3.2022, p. 5).
(9) Council Regulation (EU) 2022/355 of 2 March 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus (OJ L 67, 2.3.2022, p. 1), and Council Decision (CFSP) 2022/356 of 2 March 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ L 67, 2.3.2022, p. 103).
(10) Council Regulation (EU) 2022/345 of 1 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 63, 2.3.2022, p. 1) and Council Decision (CFSP) 2022/354 of 2 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 63, 2.3.2022, p. 5).
(11) Council Regulation (EU) 2022/398 of 9 March amending Council Regulation (EU) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 82, 9.3.2022, p. 1).
(12) Council Regulation (EU) 2022/394 of 9 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 81, 9.3.2022, p. 1).
(13) Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 87 I, 15.3.2022, p. 1); Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 87 I, 15.3.2022, p. 13).
(14) Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 87 I, 15.3.2022, p. 13), and Council Decision (CFSP) 2022/430 of 15 March 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 87 I, 15.3.2022, p. 56).
(15) Council Implementing Regulation (EU) 2022/427 of 15 March 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 87 I, 15.3.2022, p. 1), and Council Decision (CFSP) 2022/429 of 15 March 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 87 I, 15.3.2022, p. 44).
(16) Council Implementing Regulation (EU) 2022/876 of 3 June 2022 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 153, 3.6.2022, p. 1); Council Regulation (EU) 2022/877 of 3 June 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 153, 3.6.2022, p. 11); Council Implementing Regulation (EU) 2022/878 of 3 June 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 153, 3.6.2022, p. 15); Council Regulation (EU) 2022/879 of 3 June 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 153, 3.6.2022, p. 53); Council Regulation (EU) 2022/880 of 3 June 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 153, 3.6.2022, p. 75); Council Implementing Decision (CFSP) 2022/881 of 3 June 2022 implementing Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 153, 3.6.2022, p. 77); Council Decision (CFSP) 2022/882 of 3 June 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (OJ L 153, 3.6.2022, p. 88); Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 153, 3.6.2022, p. 92); Council Decision (CFSP) 2022/884 of 3 June 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 153, 3.6.2022, p. 128); Council Decision (CFSP) 2022/885 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 153, 3.6.2022, p. 139).
(17) Council Regulation (EU) 2022/1269 of 21 July 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 193, 21.7.2022, p. 1), Council Implementing Regulation (EU) 2022/1270 of 21 July 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 193, 21.7.2022, p. 133), Council Decision (CFSP) 2022/1271 of 21 July 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 193, 21.7.2022, p. 196), Council Decision (CFSP) 2022/1272 of 21 July 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 193, 21.7.2022, p. 219).
(18) Council Regulation (EU) 2022/1903 of 6 October 2022 amending Regulation (EU) 2022/263 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas, (OJ L 259 I, 6.10.2022, p. 1), Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, (OJ L 259 I, 6.10.2022, p. 3), Council Regulation (EU) 2022/1905 of 6 October 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 259 I, 6.10.2022, p. 76), Council Implementing Regulation (EU) 2022/1906 of 6 October 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 259 I, 6.10.2022, p. 79), Council Decision (CFSP) 2022/1907 of 6 October 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 259 I, 6.10.2022, p. 98), Council Decision (CFSP) 2022/1908 of 6 October 2022 amending Decision (CFSP) 2022/266 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas (OJ L 259 I, 6.10.2022, p. 118), Council Decision (CFSP) 2022/1909 of 6 October 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 259 I, 6.10.2022, p. 122).
(19) Council Regulation (EU) 2022/2474 of 16 December 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 322 I, 16.12.2022, p. 1), Council Regulation (EU) 2022/2475 of 16 December 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 322 I , 16.12.2022, p. 315), Council Implementing Regulation (EU) 2022/2476 of 16 December 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 322 I, 16.12.2022, p. 318), Council Decision (CFSP) 2022/2477 of 16 December 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 322 I, 16.12.2022, p. 466), Council Decision (CFSP) 2022/2478 of 16 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 322 I, 16.12.2022, p. 614), Council Decision (CFSP) 2022/2479 of 16 December 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 322 I, 16.12.2022, p. 687).
(20) Council Regulation (EU) 2023/426 of 25 February 2023 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 059 I, 25.2.2023, p.1); Council Regulation (EU) 2023/427 of 25 February 2023 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 059 I, 25.2.2023, p. 6); Council Implementing Regulation (EU) 2023/429 of 25 February 2023 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 059 I, 25.2.2023, p. 278); Council Decision (CFSP) 2023/432 of 25 February 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 059 I, 25.2.2023, p. 437); Council Decision (CFSP) 2023/434 of 25 February 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 059 I, 25.2.2023, p. 593).
(21) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2021) 660 final of 13 October 2021 - Tackling rising energy prices: a toolbox for action and support.
(22) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2022) 108 final of 8 March 2022 – REPowerEU: Joint European Action for more affordable, secure and sustainable energy.
(23) Through the Technical Support Instrument established by Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 (OJ L 57, 18.2.2021, p. 1), the Commission supports Member States on request in designing and implementing reforms aimed at ensuring more affordable, secure and sustainable energy.
(24) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, COM/2022/230 final of 18 May 2022 – REPowerEU Plan.
(25) Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (OJ L 173, 30.6.2022, p.17).
(26) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2022) 360 final of 20 July 2022 – ‘Save gas for a safe winter’.
(27) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (OJ L 206, 8.8.2022, p. 1).
(28) Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (OJ L 261 I, 7.10.2022, p. 1).
(29) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, COM/2022/553 final of 18 October 2022 - Energy Emergency - preparing, purchasing and protecting the EU together.
(30) Proposal for a Council Regulation, COM/2022/549 final of 18 October 2022 - Enhancing solidarity through better coordination of gas purchases, exchanges of gas across borders and reliable price benchmarks.
(31) ECB staff macroeconomic projections for the euro area, September 2022.
(32) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2022) 236 final of 18 May 2022 – Short-Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design – a course for action.
(33) COM/2022/230 final, 18 May 2022.
(34) Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 amending Regulations (EU) 2017/1938 and (EC) No 715/2009 with regard to gas storage (OJ L 173, 30.6.2022, p. 17).
(35) European Commission, Directorate-General for Communication, A European Gas Demand Reduction Plan, Publications Office of the European Union, 2022, https://data.europa.eu/doi/10.2775/705563.
(36) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (OJ L 206, 8.8.2022, p. 1).
(37) Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders, (OJ L 335, 29.12.2022, p. 1).
(38) Council Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy, (OJ L 335, 29.12.2022, p. 36).
(39) Council Regulation (EU) 2022/2578 of 22 December 2022 establishing a market correction mechanism to protect Union citizens and the economy against excessively high prices, (OJ L 335, 29.12.2022, p. 45).
(40) COM(2023) 62 final, Communication from the Commission to the European Parliament, the European Council, the Council, the Economic and Social Committee and the Committee of the Regions, A Green Deal Industrial Plan for the Net-Zero Age, 1.2.2023.
(41) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).
(42) Intervention needs to be limited to situations where it is in the common interest to intervene.
(43) In principle, aid is proportionate if it does not go beyond restoring the capital structure of the beneficiary to the one predating the crisis caused by the aggression of Ukraine by Russia. In assessing the proportionality of the aid, State aid received or planned in the context of the current crisis, and in particular aid provided under this Communication will be taken into account.
(44) Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
(45) Member States are invited to make use of the possibilities for granting aid approved under the Guidelines on State aid for climate-, environmental protection and energy (CEEAG 2022), notably as regards renewable energies, energy efficiency or other decarbonisation measures.
(46) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas (OJ L 206, 8.8.2022, p. 1).
(47) See Commission decision of 12.7.2022 on SA.103012 (2022/NN) - Incentive measure to store natural gas in the Bergermeer storage facility for the next heating period.
(48) As amended by Regulation (EU) 2022/1032 of the European Parliament and of the Council of 29 June 2022 (OJ L 173, 30.6.2022, p. 17).
(49) COM(2022) 360 final, 20.7.2022.
(50) An example in the context of power generation is Commission decision of 30.9.2022 on State Aid SA.103662(2022/N) – Germany – Temporary lignite power supply reserve to save gas.
(51) OJ L 173, 12.6.2014, p. 190, see Article 2(1)(28) of the BRRD.
(52) OJ L 225, 30.7.2014, p. 1, see Article 3(1)(29) of the SRM Regulation.
(53) Communication on the recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition (OJ C 10, 15.1.2009, p. 2); Communication from the Commission on the treatment of impaired assets in the Community financial sector (OJ C 72, 26.3.2009, p. 1); Communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules (OJ C 195, 19.8.2009, p. 9); Communication from the Commission on the application, from 1 January 2011, of State aid rules to support measures in favour of financial institutions in the context of the financial crisis (OJ C 329, 7.12.2010, p. 7); Communication from the Commission on the application, from 1 January 2012, of State aid rules to support measures in favour of financial institutions in the context of the financial crisis (OJ C 356, 6.12.2011, p. 7); and Communication from the Commission on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis (‘2013 Banking Communication’) (OJ C 216, 30.7.2013, p. 1).
(54) Any measures to support credit institutions or other financial institutions that constitute State aid in the meaning of Article 107(1) TFEU, including those which fall outside the present Communication must be notified to the Commission and will be assessed under the relevant State aid rules.
(55) As defined in footnote 53.
(56) Joined Cases T-132/96 and T-143/96 Freistaat Sachsen and others v Commission, EU:T:1999:326, paragraph 167.
(57) Commission Decision 98/490/EC in Case C 47/96 Crédit Lyonnais (OJ L 221, 8.8.1998, p. 28), point 10.1; Commission Decision 2005/345/EC in Case C 28/02 Bankgesellschaft Berlin (OJ L 116, 4.5.2005, p. 1), points 153 et seq.; and Commission Decision 2008/263/EC in Case C 50/06 BAWAG (OJ L 83, 26.3.2008, p. 7), point 166. See Commission Decision in Case NN 70/07 Northern Rock (OJ C 43, 16.2.2008, p. 1); Commission Decision in Case NN 25/08 Rescue aid to Risikoabschirmung WestLB (OJ C 189, 26.7.2008, p. 3); Commission Decision of 4 June 2008 in State aid C 9/08 SachsenLB (OJ L 104, 24.4.2009, p. 34); and Commission Decision of 16 June 2017 in case SA.32544 (2011/C) Restructuring of TRAINOSE S.A (OJ L 186, 24.7.2018, p. 25).
(58) For example, Article 12 of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 1).
(59) Considering the specific situation of two subsequent crises that have affected undertakings in multiple ways, Member States may choose to provide aid under this Communication also to undertakings in difficulty.
(60) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, p. 1); Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9); Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45); and 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, p. 8).
(61) Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (General Block Exemption Regulation); Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union, (OJ L 193, 1.7.2014, p. 1); and Commission Regulation (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 369, 24.12.2014, p. 37).
(62) Communication from the Commission - Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (OJ C 91 I, 20.3.2020, p. 1), as amended by Commission Communications C(2020) 2215 (OJ C 112 I, 4.4.2020, p. 1), C(2020) 3156 (OJ C 164, 13.5.2020, p. 3), C(2020) 4509 (OJ C 218, 2.7.2020, p. 3), C(2020) 7127 (OJ C 340 I, 13.10.2020, p. 1), C(2021) 564 (OJ C 34, 1.2.2021, p. 6), and C(2021) 8442 (OJ C 473, 24.11.2021, p. 1).
(63) Aid granted on the basis of schemes approved under this section which has been reimbursed before granting new aid under this section will not be taken into account in determining whether the relevant ceiling is exceeded.
(64) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(65) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(66) If the aid is granted in the form of a tax advantage, the tax liability in relation to which that advantage is granted must have arisen no later than 31 December 2023.
(67) As defined in Article 2(6) and Article 2(7) of Commission Regulation (EC) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, p. 1).
(68) Aid granted on the basis of schemes approved under this section that has been reimbursed before granting of new aid under this section must not be taken into account in determining whether the relevant ceiling is exceeded.
(69) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(70) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(71) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 90, 28.6.2014, p. 45).
(72) For the purpose of this section, the term ‘public guarantees on loans’ covers also guarantees on certain factoring products, namely guarantees on recourse and reverse factoring where the factor has the right of recourse to the factoree. Eligible reverse factoring products must be limited to products that are used only after the seller has already executed its part of the transaction, i.e. the product or service has been delivered. Financial leasing is also covered by the term ‘public guarantees on loans’. Where public guarantees are aimed at addressing liquidity needs of undertakings that need to provide financial collaterals for trading activities on energy markets, these public guarantees may exceptionally also cover bank guarantees or be provided as financial collateral to central counterparties or clearing members.
(73) These individual loans cannot be granted to credit institutions or other financial institutions.
(74) When the beneficiaries of the measure are newly established enterprises that do not hold three closed annual accounts, the applicable cap provided by point 67(e)(i) will be calculated based on the undertaking’s duration of existence at the moment of the aid application by the undertaking.
(75) When the beneficiaries of the measure are newly established enterprises that do not have records for the entirety of the preceding twelve months, the applicable cap provided by point 67(e)(ii) will be calculated based on the undertaking’s duration of existence at the moment of the aid application by the undertaking.
(76) Relevant justification could relate to beneficiaries active in sectors that are particularly affected by direct or indirect effects of the aggression, including sanctions imposed by the EU, its international partners, as well as counter measures taken, for example by Russia. Those effects may include disruptions of supply chains or outstanding payments from Russia or Ukraine, increased risks of cyber-attacks or rising prices for specific inputs or raw-materials affected by the current crisis.
(77) As defined in Annex I to the General Block Exemption Regulation.
(78) The liquidity plan may include both working capital and investment costs. The Commission clarifies that while this Communication is in force, Member States may grant under this section additional public guarantees to beneficiaries that have already received such support to take into account new liquidity needs that were not included in the original liquidity needs assessment. Any such support needs to comply with all the conditions of this Communication and needs to ensure that the same liquidity needs are only covered once.
(79) As explained in footnote 72 and in contrast to public guarantees on loans under this section, which are used to facilitate the provision of liquidity directly to undertakings, the public guarantees provided as financial collateral under this point 67(g) are unfunded and provided directly to the central counterparty or clearing member without any underlying instrument.
(80) Commission Delegated Regulation (EU) 2022/2311 of 21 October 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) No 153/2013 as regards temporary emergency measures on collateral requirements, (OJ L 307, 28.11.2022, p. 31).
(81) Base rates calculated in accordance with the Communication from the Commission on the revision of the method for setting the reference and discount rates (OJ C 14, 19.1.2008, p. 6) and published on the website of DG Competition at https://ec.europa.eu/competition-policy/state-aid/legislation/reference-discount-rates-and-recovery-interest-rates_en
(82) For loans granted until 31 December 2022, the base rate of 1 February 2022 may be used.
(83) If a grace period is applied for interest payments, the minimum interest rates set out in point 70(b) must be complied with and interests must accrue from the first day of the grace period and must be capitalised at least annually. The duration of the loan contracts will remain limited to maximum of six years from the moment of granting the loan unless modulated in line with point 70(c) and the overall amount of the loans per beneficiary referred to in point 70(e) will not be exceeded.
(84) The minimum all-in interest rate (base rate plus the credit risk margins) should be at least 10 bps per year.
(85) The minimum all-in interest rate (base rate plus the credit risk margins) should be at least 10 bps per year.
(86) The minimum all-in interest rate (base rate plus the credit risk margins) should be at least 10 bps per year.
(87) See the summary of case practice on modulation under point 70(c) published on the website of DG Competition at https://ec.europa.eu/competition-policy/state-aid/ukraine_en.
(88) When the beneficiaries of the measure are newly established enterprises that do not hold three closed annual accounts, the applicable cap provided by point 70(e)(i) will be calculated based on the undertaking’s duration of existence at the moment of the aid application by the undertaking.
(89) When the beneficiaries of the measure are newly established enterprises that do not have records for the entirety of the preceding twelve months, the applicable cap provided by point 70(e)(ii) will be calculated based on the undertaking’s duration of existence at the moment of the aid application by the undertaking.
(90) Relevant justification could relate to beneficiaries active in sectors that are particularly affected by direct or indirect effects of the Russian aggression, including restrictive economic measures taken by the Union and its international partners, as well as counter measures taken by Russia. Those effects may include disruptions of supply chains or outstanding payments from Russia or Ukraine, increased price volatility on energy markets and related collateral needs, increased risks of cyber-attacks, or rising prices for specific inputs or raw-materials affected by the current crisis.
(91) As defined in Annex I to the General Block Exemption Regulation.
(92) The liquidity plan may include both working capital and investment costs. The Commission clarifies that while this Communication is in force, Member States may grant under this section additional subsidised loans to beneficiaries that have already received such support to take into account new liquidity needs that were not included in the original liquidity needs assessment. Any such support needs to comply with all the conditions of this Communication and needs to ensure that the same liquidity needs are only covered once.
(93) By way of derogation, when the aid is granted only after an ex post verification of the supporting documentation of the beneficiary and the Member State decides not to include the possibility to grant advance payments in line with point 74, aid may be granted until 31 March 2024 provided the eligible period as defined in point 72(e) is respected.
(94) If the aid is granted in the form of a tax advantage, the tax liability in relation to which that advantage is granted must have arisen no later than 31 December 2023.
(95) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(96) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(97) COM/2022/360 final, 20.7.2022.
(98) In the case of district heating or cooling networks, it may not always be possible to determine precisely the fuel used by the central source. In such situations, Member States may rely on certifications from the district heating operators or estimations indicating the energy mix of the respective networks and use that information to calculate the share of consumption of heating/cooling that can be eligible for compensation under this section.
(99) For the purposes of section 2.4, ‘beneficiary’ means an undertaking or a legal entity that forms part of an undertaking.
(100) As demonstrated by the beneficiary e.g. based on the respective bill. Only energy consumption by end users will be counted, sales and own production are excluded. The energy consumption of the energy sector itself and losses occurring during transformation and distribution of energy are excluded.
(101) An ‘energy-intensive business’ is a legal entity where the purchases of energy products (including energy products other than natural gas and electricity) amount to at least 3,0 % of the production value or turnover, based on data from the financial accounting reports for the calendar year 2021. Alternatively, data for the first semester of 2022 may be used, in which case the beneficiary may qualify as ‘energy-intensive business’ if the purchases of energy products (including energy products other than natural gas and electricity) amount to at least 6,0 % of the production value or turnover.
(102) EBITDA means earnings before interest, taxes, depreciation, and amortisation, excluding one off impairments.
(103) Annex I lists the sectors and subsectors deemed to be particularly exposed to loss of competitiveness by reason of the energy crisis, for which the (sub)sector’s intensity of trade with third countries and emission intensity represent objective proxies. A beneficiary will be considered as active in a sector or subsector listed in Annex I according to the beneficiary’s classification in the sectoral national accounts or if one or several of the activities it carries out and which are included in Annex I generated more than 50 % of its turnover or production value in 2021.
(104) COM/2022/230 final, 18 May 2022.
(105) See the Commission Notice on the Notion of State aid as referred to in Article 107(1) of the Treaty on the Functioning of the European Union (OJ C 262, 19.7.2016, p. 1). Given that the notion of State aid is an objective and legal concept defined directly by the Treaty (judgment of the Court of Justice of 22 December 2008, British Aggregates v Commission, C-487/06 P, ECLI:EU: C:2008:757, paragraph 111) the views set out in points 373 to 375 are without prejudice to the interpretation of the notion of State aid by the Union Courts (judgment of the Court of Justice of 21 July 2011, Alcoa Trasformazioni v Commission, C-194/09 P, ECLI:EU:C:2011:497, paragraph 125); the primary reference for interpreting the Treaty is always the case-law of the Union Courts.
(106) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
(107) Electricity storage means deferring the final use of electricity to a moment later than when it was generated, or the conversion of electrical energy into a form of energy which can be stored, the storing of such energy, and the subsequent reconversion of such energy into electrical energy.
(108) Thermal storage means deferring the final use of thermal energy to a moment later than when it was generated, or the conversion of electrical or thermal energy into a form of energy which can be stored, the storing of such energy, and, where appropriate, the subsequent conversion or reconversion of such energy into thermal energy for final use (i.e., heating or cooling).
(109) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(110) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(111) The volumes of capacity tendered must be set to ensure that the bidding process is effectively competitive. The Member State must prove the plausibility that the volume tendered will match the potential offer of projects. This may be done with reference to past auctions, to technology targets in the National Energy and Climate Plan, or by introducing a safeguard mechanism in case of risk of undersubscribed tenders. In case of repeated undersubscription of competitive bidding processes, the Member State must introduce remedies for any future schemes that it notifies to the Commission for the same technology.
(112) Liquid and gaseous fuels that derive from renewable hydrogen, the energy content of which is derived from renewable sources other than biomass.
(113) Repowering means renewing power plants that produce renewable energy, including the full or partial replacement of installations or operation systems and equipment for the purposes of replacing capacity or increasing the efficiency or capacity of the installation.
(114) If the Member State allows for such a cumulation, then it must specify, for each measure, the method used for ensuring compliance with the conditions set out in this point.
(115) As defined in footnote 107.
(116) As defined in footnote 108.
(117) A two-way contract for difference means a contract signed between a power generating facility operator and a counterpart, usually a public entity, that provides both minimum remuneration protection and a limit to excess remuneration. The contract is designed to preserve incentives for the generating facility to operate and participate efficiently in the energy markets.
(118) The support payments under the contract must be limited to 20 years but Member States are free to require installations to continue making paybacks under the contracts for as long as the supported facility continues operating.
(119) The volumes of capacity or production tendered must be set to ensure that the bidding process is effectively competitive. The Member State must prove the plausibility that the volume tendered will match the potential offer of projects. This may be done with reference to past auctions, to technology targets in the National Energy and Climate Plan, or by introducing a safeguard mechanism in case of risk of undersubscribed tenders. In case of repeated undersubscription of competitive bidding processes, the Member State must introduce remedies for any future schemes that it notifies to the Commission for the same technology.
(120) ‘Regulatory authority’ means a regulatory authority designated by each Member State pursuant to Article 57(1) of Directive (EU) 2019/944 (OJ L 158, 14.6.2019, p. 125).
(121) Small-scale renewable electricity installations may benefit from direct price support that covers the full costs of operation and does not require them to sell their electricity on the market, in line with the exemption in Article 4(3) of Directive (EU) 2018/2001. Installations will be considered as small-scale if their capacity is below the applicable threshold in Article 5 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), ( OJ L 158, 14.6.2019, p. 54).
(122) Liquid and gaseous fuels that derive from renewable hydrogen, the energy content of which is derived from renewable sources other than biomass.
(123) As defined in footnote 113.
(124) If the Member State allows for such a cumulation, then it must specify, for each measure, the method used for ensuring compliance with the conditions set out in this point.
(125) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(126) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(127) Aid for investments that aim to reduce direct greenhouse gas emissions or energy consumption, including below the thresholds in point 81(d) of this Communication, may be exempted from notification provided the rules in the General Block Exemption Regulation are respected.
(128) The reduction in direct greenhouse gas emissions must be measured by reference to average direct greenhouse gas emissions occurred over the five years preceding the aid application (average emission on an annual basis).
(129) The reduction of energy consumption must be measured by reference to energy consumption occurred over the five years preceding the aid application (average consumption on an annual basis).
(130) Commission Implementing Regulation (EU) 2021/447 of 12 March 2021 determining revised benchmark values for free allocation of emission allowances for the period from 2021 to 2025 pursuant to Article 10a(2) of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 87, 15.3.2021, p. 29).
(131) ‘Union standard’ means: (a) a mandatory Union standard setting the levels to be attained in environmental terms by individual undertakings, excluding standards or targets set at Union level which are binding for Member States but not for individual undertakings; (b) the obligation to use the best available techniques (BAT), as defined in Directive 2010/75/EU, and to ensure that emission levels do not exceed those that would be achieved when applying BAT; where emission levels associated with the BAT have been defined in implementing acts adopted under Directive 2010/75/EU or under other applicable directives, those levels will be applicable for the purpose of this Communication; where those levels are expressed as a range, the limit for which the BAT is first achieved for the undertaking concerned will be applicable.
(132) The reduction in direct greenhouse gas emissions or energy consumption must be measured by reference to average direct greenhouse gas emissions or energy consumption occurred over the five years preceding the aid application (average emission/consumption on an annual basis).
(133) Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices, (OJ L 261 I, 7.10.2022, p. 1).
(134) Council Regulation (EU) 2022/1369 of 5 August 2022 on coordinated demand-reduction measures for gas, (OJ L 206, 8.8.2022, p. 1).
(135) Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices, (OJ L 261 I, 7.10.2022, p. 1).
(136) Such aid will generally be deemed necessary if it contributes to achieving a reduction in gas consumption.
(137) When aid is granted in form of loans under this section, the additional conditions in point 70(g) apply.
(138) When aid is granted in form of guarantees under this section, the additional conditions in point 67(i) apply.
(139) Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (recast) (OJ L 158, 14.6.2019, p. 125).
(140) I.e. metering that measures separately consumption when additional demand reduction is required and when it is not.
(141) ‘Off peak’ must be defined to generally avoid electricity consumption when gas is used for power generation.
(142) For example, when beneficiaries are selected based on capacity price (EUR/MW) for consumption reduction during a fixed number of hours. In this case, the number of hours must be defined ex-ante.
(143) Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices, (OJ L 261 I, 7.10.2022, p. 1).
(144) Such a scheme can cover projects submitted and selected under the Innovation Fund, insofar as the applicable conditions under point 85 are met.
(145) ‘Start of works’ means either the start of construction works relating to the investment, or the first legally binding commitment to order equipment or any other commitment that makes the investment irreversible, whichever is earlier. Buying land and preparatory works such as obtaining permits and conducting preliminary feasibility studies are not considered as start of works.
(146) Such aid applications may be based on any legal basis as long as the amount of aid to be granted under section 2.8 of this Communication does not exceed the amount initially applied for.
(147) ‘Relocation’ means a transfer of the same or a similar activity or part thereof from an establishment in one contracting party to the EEA Agreement (initial establishment) to the establishment in which the aided investment takes place in another contracting party to the EEA Agreement (aided establishment). There is a transfer if the product in the initial and in the aided establishments serves at least partly the same purposes and meets the demands or needs of the same type of customers and jobs are lost in the same or similar activity in one of the initial establishments of the aid beneficiary in the EEA.
(148) As defined under the Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
(149) The notified aid and the subsidy which the beneficiary could demonstrably receive in a third country jurisdiction outside EEA will be compared in discounted terms.
(150) Undertakings from all Member States which are active in the relevant value chain must be given a genuine opportunity to participate in an emerging project. Notifying Member States must demonstrate that such undertakings were informed of the possible emergence of a project, and of the commercial opportunities it could represent, for example by way of contacts, alliances, meetings, or match-making events, also involving SMEs and start-ups, while paying due regard to commercial secrecy.
(151) As defined in footnote 145.
(152) Such aid applications may be based on any legal basis as long as the amount of aid to be granted under section 2.8 of this Communication does not exceed the amount initially applied for.
(153) Relevant documentary evidence to underpin the counterfactual described in the Annex II of this Communication needs to be credible, i.e. genuine and relevant to the decision-making factors prevalent at the time of the decision by the aid beneficiary regarding the investment. Member States are invited to draw on genuine and official board documents, risk assessments (including the assessment of location-specific risks), financial reports, internal business plans, expert opinions and other studies related to the investment project under assessment. Those documents need to be contemporary to the decision-making process concerning the investment or its location. Documents containing information on demand forecasts, cost forecasts, financial forecasts, documents submitted to an investment committee and that elaborate on investment scenarios, or documents provided to the financial institutions could help Member States to demonstrate the incentive effect.
(154) In principle, aid amounts that exceed capital investment costs seem unlikely to be justifiable, given that in such cases, the investments are likely to take place in the EEA also with lower aid amounts.
(155) Where several locations in the EEA are under consideration for the investment, State aid under this point may not be granted to attract the investment to an area with a regional aid intensity as specified in the applicable regional aid map that is lower than in alternative EEA areas under consideration, since this would constitute a negative effect on competition and cohesion that is unlikely to be compensated by any positive effect. This would not apply if the beneficiary can demonstrate that the investment would not otherwise happen in such alternative EEA areas and instead be diverted to a third country. In cases where the alternative EEA locations are of the same regional aid intensity, State aid under this point may be granted if the beneficiary demonstrates that the location was chosen based on objective criteria irrespective of State aid.
(156) This funding gap is determined by the difference between the net present value of expected cash-flows (including the investment and operation) of the aided investment and the net present value of the expected cash-flows of the counterfactual investment in a non-EEA jurisdiction which the aid beneficiary would credibly carry out in the absence of aid in the EEA (notably including the aid that the beneficiary would credibly receive in the non-EEA jurisdiction in the counterfactual). Both scenarios must be sufficiently proven, i.e. using realistic assumptions as part of a credible business plan. In principle, it is unlikely that the Commission will consider compatible with Article 107(3)(c) TFEU, aid amounts exceeding the capital investment costs necessary to locate the projects in the area concerned considering that such aid is unlikely to have an incentive effect.
(157) As defined in footnote 147.
(158) As defined under the Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
(159) Referring to information required in Annex III to Commission Regulation (EU) No 651/2014 of 17 June 2014 and of Annex III to Commission Regulation (EU) No 702/2014. For repayable advances, guarantees, loans, subordinated loans and other forms the nominal value of the underlying instrument shall be inserted per beneficiary. For tax and payment advantages, the aid amount of the individual aid may be indicated in ranges.
(160) Referring to information required in Annex III to Commission Regulation (EU) No 702/2014 and Annex III to Commission Regulation (EU) No 1388/2014 of 16 December 2014. For repayable advances, guarantees, loans, subordinated loans and other forms the nominal value of the underlying instrument shall be inserted per beneficiary. For tax and payment advantages, the aid amount of the individual aid may be indicated in ranges.
(161) The State aid transparency public search gives access to State aid individual award data provided by Member States in compliance with the European transparency requirements for State aid and can be found at https://webgate.ec.europa.eu/competition/transparency/public?lang=en.
(162) OJ L 140, 30.4.2004, p. 1.
(163) OJ C 426, 9.11.2022, p. 1.
(164) OJ C 131 I, 24.3.2022, p. 1.
ANNEX I
Particularly affected sectors and sub-sectors (1)
|
NACE code |
Description |
1 |
0510 |
Mining of hard coal |
2 |
0610 |
Extraction of crude petroleum |
3 |
0710 |
Mining of iron ores |
4 |
0729 |
Mining of other non-ferrous metal ores |
5 |
0891 |
Mining of chemical and fertiliser minerals |
6 |
0893 |
Extraction of salt |
7 |
0899 |
Other mining and quarrying n.e.c. |
8 |
1041 |
Manufacture of oils and fats |
9 |
1062 |
Manufacture of starches and starch products |
10 |
1081 |
Manufacture of sugar |
11 |
1106 |
Manufacture of malt |
12 |
1310 |
Preparation and spinning of textile fibres |
13 |
1330 |
Finishing of textiles |
14 |
1395 |
Manufacture of non-wovens and articles made from non-wovens, except apparel |
15 |
1411 |
Manufacture of leather clothes |
16 |
1621 |
Manufacture of veneer sheets and wood-based panels |
17 |
1711 |
Manufacture of pulp |
18 |
1712 |
Manufacture of paper and paperboard |
19 |
1910 |
Manufacture of coke oven products |
20 |
1920 |
Manufacture of refined petroleum products |
21 |
2011 |
Manufacture of industrial gases |
22 |
2012 |
Manufacture of dyes and pigments |
23 |
2013 |
Manufacture of other inorganic basic chemicals |
24 |
2014 |
Manufacture of other organic basic chemicals |
25 |
2015 |
Manufacture of fertilisers and nitrogen compounds |
26 |
2016 |
Manufacture of plastics in primary forms |
27 |
2017 |
Manufacture of synthetic rubber in primary forms |
28 |
2060 |
Manufacture of man-made fibres |
29 |
2110 |
Manufacture of basic pharmaceutical products |
30 |
2311 |
Manufacture of flat glass |
31 |
2313 |
Manufacture of hollow glass |
32 |
2314 |
Manufacture of glass fibres |
33 |
2319 |
Manufacture and processing of other glass, including technical glassware |
34 |
2320 |
Manufacture of refractory products |
35 |
2331 |
Manufacture of ceramic tiles and flags |
36 |
2332 |
Manufacture of bricks, tiles and construction products, in baked clay |
37 |
2341 |
Manufacture of ceramic household and ornamental articles |
38 |
2342 |
Manufacture of ceramic sanitary fixtures |
39 |
2351 |
Manufacture of cement |
40 |
2352 |
Manufacture of lime and plaster |
41 |
2399 |
Manufacture of other non-metallic mineral products n.e.c. |
42 |
2410 |
Manufacture of basic iron and steel and of ferro-alloys |
43 |
2420 |
Manufacture of tubes, pipes, hollow profiles and related fittings, of steel |
44 |
2431 |
Cold drawing of bars |
45 |
2442 |
Aluminium production |
46 |
2443 |
Lead, zinc and tin production |
47 |
2444 |
Copper production |
48 |
2445 |
Other non-ferrous metal production |
49 |
2446 |
Processing of nuclear fuel |
50 |
2451 |
Casting of iron |
|
Prodcom code |
Description |
1 |
81221 |
Kaolin and other kaolinic clays |
2 |
10311130 |
Frozen potatoes, prepared or preserved (including potatoes cooked or partly cooked in oil and then frozen; excluding by vinegar or acetic acid) |
3 |
10311300 |
Dried potatoes in the form of flour, meal, flakes, granules and pellets |
4 |
10391725 |
Concentrated tomato puree and paste |
5 |
105122 |
Whole milk powder |
6 |
105121 |
Skimmed milk powder |
7 |
105153 |
Casein |
8 |
105154 |
Lactose and lactose syrup |
9 |
10515530 |
Whey and modified whey in powder, granules or other solid forms, whether or not concentrated or containing added sweetening matter |
10 |
10891334 |
Bakers’ yeast |
11 |
20302150 |
Vitrifiable enamels and glazes, engobes (slips) and similar preparations for ceramics, enamelling or glass |
12 |
20302170 |
Liquid lustres and similar preparations; glass frit and other glass in powder; granules or flakes |
13 |
25501134 |
Open die forged ferrous parts for transmission shafts, camshafts, crankshafts and cranks etc. |
(1) The (sub)sectors listed by reference to their emissions intensity and trade intensity correspond to those listed in Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of the sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030, (OJ L 120, 8.5.2019, p. 20).
ANNEX II
Information to be included in the application form for aid under section 2.8 of this Communication
1. Information about the aid beneficiary:
— |
Name, registered address of main seat, main sector of activity (NACE code). |
— |
Declaration that the firm is not in difficulty, as defined under the rescue and restructuring guidelines. |
— |
For aid granted under a scheme under point 85: non-relocation declaration and commitments listed in point 85(k) |
2. Information about the investment to be supported:
— |
Short description of the investment. |
— |
Short description of expected positive effects for the area concerned (for example, number of jobs created or safeguarded, R&D&I activities, training, creation of a cluster and project's possible contribution to the greenand digital transition of the regional economy). |
— |
Applicable legal basis (national, EU or both). |
— |
Planned start of works and completion of the investment. |
— |
Location(s) of the investment. |
— |
For aid under point 86: information on the triggered linked investments in other Member States in line with point 86 (a): location and amount of the triggered investments. Provide information on the links between the investment to be supported and the triggered investments. |
3. Information about the financing of the investment:
— |
Investment costs and other associated costs. |
— |
Total eligible costs. |
— |
Aid amount needed to carry out the investment in the area concerned. |
— |
Aid intensity. |
— |
For aid under point 86: a Funding Gap analysis, including the business plan and Net Present Value calculations for the factual and counterfactual scenarios, with estimated investment costs, operating costs, revenues and terminal value in both scenarios (in excel format), with supporting evidence. |
4. Information on the need for aid and its expected impact:
— |
Short explanation of the need for aid and its impact on the investment decision or location decision. This must include an explanation of the alternative investment or location decision if aid is not granted. |
— |
For aid under point 86, the beneficiary must provide:
|
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/47 |
Non-opposition to a notified concentration
(Case M.11007 – REGAL REXNORD / ALTRA)
(Text with EEA relevance)
(2023/C 101/04)
On 9 March 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
— |
in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
— |
in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11007. EUR-Lex is the online point of access to European Union law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/48 |
Euro exchange rates (1)
16 March 2023
(2023/C 101/05)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,0595 |
JPY |
Japanese yen |
140,18 |
DKK |
Danish krone |
7,4476 |
GBP |
Pound sterling |
0,87820 |
SEK |
Swedish krona |
11,1781 |
CHF |
Swiss franc |
0,9820 |
ISK |
Iceland króna |
150,10 |
NOK |
Norwegian krone |
11,4487 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
24,011 |
HUF |
Hungarian forint |
396,43 |
PLN |
Polish zloty |
4,6963 |
RON |
Romanian leu |
4,9215 |
TRY |
Turkish lira |
20,1194 |
AUD |
Australian dollar |
1,5932 |
CAD |
Canadian dollar |
1,4565 |
HKD |
Hong Kong dollar |
8,3165 |
NZD |
New Zealand dollar |
1,7150 |
SGD |
Singapore dollar |
1,4276 |
KRW |
South Korean won |
1 388,40 |
ZAR |
South African rand |
19,4759 |
CNY |
Chinese yuan renminbi |
7,3045 |
IDR |
Indonesian rupiah |
16 365,21 |
MYR |
Malaysian ringgit |
4,7720 |
PHP |
Philippine peso |
58,188 |
RUB |
Russian rouble |
|
THB |
Thai baht |
36,436 |
BRL |
Brazilian real |
5,6005 |
MXN |
Mexican peso |
20,2064 |
INR |
Indian rupee |
87,7298 |
(1) Source: reference exchange rate published by the ECB.
European Food Safety Authority
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/49 |
Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission
(2023/C 101/06)
Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority's ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission.’
The list was first drawn up by EFSA’s Management Board on 19 December 2006, and since then is:
i. |
updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)), and |
ii. |
made public on EFSA’s website, where the latest updated list of competent organisations is published. |
This respective information is available on the EFSA website, at the following locations:
i. |
the latest amendment to the list of competent organisations by EFSA’s Management Board on 7 March 2023 – http://www.efsa.europa.eu/en/partnersnetworks/scorg. |
EFSA will keep this Notice updated, specifically regarding the provided website links.
For more information please contact Cooperation.Article36@efsa.europa.eu.
(1) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(2) Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission, OJ L 379, 24.12.2004, p. 64, as last amended.
V Announcements
ADMINISTRATIVE PROCEDURES
European Commission
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/50 |
Calls for proposals and related activities under the 2023-2025 work programme implementing the Euratom research and training programme (2021-2025)
(2023/C 101/07)
Notice is hereby given of the launch of actions under the 2023-2025 work programme implementing the Euratom research and training programme (2021-2025).
The Commission has adopted the above mentioned work programme by Decision C(2023) 1650 of 16 March 2023.
The actions are subject to the availability of the appropriations provided for in the general budget of the Union for 2023, 2024 and 2025, following the adoption of the 2024 and 2025 budget by the budgetary authority or as provided for in the system of provisional twelfths. The Commission reserves its right to cancel or make corrigendum to the actions.
Confirmation that these conditions have been met will be announced on the European Commission Funding & Tenders Portal website (https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/programmes/euratom2027).
This work programme, including deadlines and budgets for the actions, are available through the above-mentioned Funding & Tenders Portal along with information on the modalities of the actions, and guidance for applicants on how to submit proposals. All this information will be updated as necessary on the same Funding & Tenders Portal.
OTHER ACTS
European Commission
17.3.2023 |
EN |
Official Journal of the European Union |
C 101/51 |
Publication of a communication of approval of a standard amendment to a product specification for a name in the wine sector, as referred to in Article 17(2) and (3) of Commission Delegated Regulation (EU) 2019/33
(2023/C 101/08)
This communication is published in accordance with Article 17(5) of Commission Delegated Regulation (EU) 2019/33 (1).
COMMUNICATING THE APPROVAL OF A STANDARD AMENDMENT
‘Conca de Barberà’
PDO-ES-A1422-AM04
Date of communication: 20.12.2022
DESCRIPTION OF AND REASONS FOR THE APPROVED AMENDMENT
1. Reduction of the alcoholic strength and increase in volatile acidity
DESCRIPTION
The minimum actual and total alcoholic strength by volume of wines produced under the ‘Conca de Barberà’ PDO has been reduced.
The actual volatile acidity expressed as acetic acid has been increased.
This amendment concerns point 2.2, Physical and chemical characteristics, of the product specification and point 4 of the single document.
It is a standard amendment as it does not meet any of the criteria laid down in Article 14(1) of Commission Delegated Regulation (EU) 2019/33.
REASONS
Historically, the wines produced in Conca de Barberà were low in alcohol, meaning that they were made from grape varieties which produced moderate levels of alcohol.
In the Order of 27 July 1972, Conca de Barberà was already listed as an area for ‘vinos enverados’ [‘green’ low-alcohol wines].
The 1981 reference work Manual de Vinos españoles by José Peñín mentions the moderate alcoholic strength of Conca de Barberà wines (the lowest in Catalonia) among other qualities.
It is true that, historically, the climate conditions of Conca de Barberà meant that grapes did not fully ripen and the wines were of moderate alcoholic strength. Today, however, owing to climate change, harvests are more variable and usually result in wines with low alcoholic strength.
With regard to volatility, registered winegrowers of the Conca de Barberà PDO are increasingly respectful of the environment. Organic vineyards are becoming more common, resulting in a tendency to use fewer plant health products in the vineyard. Consequently, grapes have more micro-organisms. When alcoholic fermentation takes place, the volatile acidity of the wines is increased.
2. Deletion of the exception applying to red wines made from the single variety Trepat
DESCRIPTION
The exception has been deleted that applied to the minimum alcoholic strength (actual and total) of wines made with the single variety Trepat.
This amendment concerns point 2.2, Physical and chemical characteristics, of the product specification and point 4 of the single document.
It is a standard amendment as it does not meet any of the criteria laid down in Article 14(1) of Commission Delegated Regulation (EU) 2019/33.
REASONS
For red wines made with the single variety Trepat, there was a lower minimum actual and total alcoholic strength by volume: 11 % instead of the usual limit of 11.5 %. The minimum actual and total alcoholic strength by volume of all the wines produced, including reds made from the single variety Trepat, has now been reduced. This means that the minimum actual alcoholic strength by volume is the same for all the red wines.
3. Addition of two varieties
DESCRIPTION
The varieties Querol and Garro have been added.
Point 6 of the product specification has been amended, but the single document is not affected as they have been added as secondary varieties.
It is a standard amendment as it does not meet any of the criteria laid down in Article 14(1) of Commission Delegated Regulation (EU) 2019/33.
REASONS
At the request of a winery in the area, and in view of the studies by INCAVI (Catalan Institute of Vine and Wine), it was decided to include the red varieties Querol and Garro in the specification for the Conca de Barberà PDO. Garro is also known as Mandó.
The studies show that, owing to their potential for alcohol and colour, these varieties offer good wine-making possibilities, both as single variety wines and when blended. Querol is known for its intensity of taste and quality of colour, producing high quality wines. Along with plant aromas, Garro offers aromas of fresh fruit and jam. We therefore believe that wines made with these varieties will be quality wines.
SINGLE DOCUMENT
1. Name(s)
Conca de Barberà
2. Geographical indication type
PDO – Protected Designation of Origin
3. Categories of grapevine product
1. |
Wine |
3. |
Liqueur wine |
5. |
Quality sparkling wine |
8. |
Semi-sparkling wine |
4. Description of the wine(s)
1. White wine and rosé wine
CONCISE TEXTUAL DESCRIPTION
Produced exclusively by total or partial alcoholic fermentation of fresh grapes, which may or may not be crushed, or of grape must.
White: from greenish pale yellow to intensely golden. Clear and bright, with no cloudiness. Primary aromas are predominant. Light and fresh in the mouth, when young.
Rosé: from intense red with hints of violet and onion-skin hues, through to orange tones, depending on the level of ageing. Bold on the nose, with intense floral and/or fruity notes when young, and possible hints of vanilla when barrel-aged.
* |
Maximum sulphur dioxide: 200 milligrams per litre where the sugar content is less than 5 grams per litre; 250 milligrams per litre where the sugar content is 5 grams per litre or above. |
* |
The relevant Community legislation will apply for the limits of parameters not covered. |
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
|
Minimum actual alcoholic strength (in % volume) |
10 |
Minimum total acidity |
3.5 grams per litre expressed as tartaric acid |
Maximum volatile acidity (in milliequivalents per litre) |
18 |
Maximum total sulphur dioxide (in milligrams per litre) |
|
2. Red wine
CONCISE TEXTUAL DESCRIPTION
Produced exclusively by total or partial alcoholic fermentation of fresh grapes, which may or may not be crushed, or of grape must. The colour can vary from intense cherry with violet tinges to ruby with a hint of ochre. It has clean and intense aromas, the young wines being noticeably fruity, and with notes of vanilla, toast and spices increasing with barrel ageing.
* |
Maximum sulphur dioxide: 150 milligrams per litre where the sugar content is less than 5 grams per litre; 200 milligrams per litre where the sugar content is 5 grams per litre or above. |
* |
The relevant Community legislation will apply for the limits of parameters not covered. |
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
|
Minimum actual alcoholic strength (in % volume) |
10,5 |
Minimum total acidity |
3,5 grams per litre expressed as tartaric acid |
Maximum volatile acidity (in milliequivalents per litre) |
20 |
Maximum total sulphur dioxide (in milligrams per litre) |
|
3. Liqueur wine
CONCISE TEXTUAL DESCRIPTION
The wines encompass a broad range of hues, developing from the most opaque and intense to the other end of the spectrum for red and white wine, even shading to amber, according to the degree of ageing. The wines have a gentle warmth, with fruitier aromas when not barrel-aged. Wines that have been aged have notes of aldehydes and dried fruit. In the mouth, they are warm, richly textured and persistent.
* |
Maximum sulphur dioxide: 150 milligrams per litre where the sugar content is less than 5 grams per litre; 200 milligrams per litre where the sugar content is 5 grams per litre or above. |
* |
The relevant Community legislation will apply for the limits of parameters not covered. |
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
|
Minimum actual alcoholic strength (in % volume) |
15 |
Minimum total acidity |
in milliequivalents per litre |
Maximum volatile acidity (in milliequivalents per litre) |
33,33 |
Maximum total sulphur dioxide (in milligrams per litre) |
|
4. Quality sparkling wine
CONCISE TEXTUAL DESCRIPTION
The colour must be as expected for the white, rosé and red wines, with fresh and fruity aromas typical of the varieties from which they are produced. In the mouth, they are fresh, creamy and well-balanced.
* |
The relevant Community legislation will apply for the limits of parameters not covered. |
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
|
Minimum actual alcoholic strength (in % volume) |
9,5 |
Minimum total acidity |
3,5 grams per litre expressed as tartaric acid |
Maximum volatile acidity (in milliequivalents per litre) |
|
Maximum total sulphur dioxide (in milligrams per litre) |
185 |
5. Semi-sparkling wine
CONCISE TEXTUAL DESCRIPTION
The colour must be as described for the white and/or rosé wines, but with the additional presence of carbon dioxide. It must be bold, fruity and/or floral. Balanced and fresh in the mouth, and causing a slight tingling sensation due to the release of carbon dioxide.
* |
Maximum sulphur dioxide: 200 milligrams per litre (white and rosé) and 150 milligrams per litre (red) where the sugar content is below 5 grams per litre; 250 milligrams per litre (white and rosé) and 200 milligrams per litre (red) where the sugar content is 5 grams per litre or above. |
* |
The relevant Community legislation will apply for the limits of parameters not covered. |
General analytical characteristics |
|
Maximum total alcoholic strength (in % volume) |
|
Minimum actual alcoholic strength (in % volume) |
9 |
Minimum total acidity |
in milliequivalents per litre |
Maximum volatile acidity (in milliequivalents per litre) |
|
Maximum total sulphur dioxide (in milligrams per litre) |
|
5. Wine-making practices
5.1. Specific oenological practices
1.
Restriction relating to wine-making
The grapes must be harvested with great care. Only grapes that are ripe enough to produce wines with a natural alcoholic strength of at least 9 % may be used for the PDO. The yield may not exceed 70 litres of must or wine for every 100 kg of harvested grapes.
5.2. Maximum yields
1. |
12 000 kilograms of grapes per hectare |
2. |
84 hectolitres per hectare |
6. Demarcated geographical area
The area is formed of vineyard parcels located within the following municipalities or geographical areas:
|
Barberà de la Conca |
|
Blancafort |
|
Conesa |
|
L’Espluga de Francolí |
|
Forès |
|
Montblanc |
|
Pira |
|
Rocafort de Queralt |
|
Sarral |
|
Senan |
|
Solivella |
|
Vallclara |
|
Vilaverd |
|
Vimbodí |
In the municipality of Vilanova de Prades, the registry parcels 11, 16, 20, 21 and plot 23 of registry parcel 10.
In the municipality of Cabra del Camp, parcel 1, plots 13, 15, 18, 28, 29, 34, 66 and 77. Parcel 4, plots 35 and 51.
In the municipality of Aiguamúrcia, parcel 35, plot 14; parcel 36, plot 1; parcel 41, plot 13.
The plots referred to in the municipalities of Cabra del Camp and Aiguamúrica are outside the boundaries of the Conca de Barbera PDO. However, historically they have been the property of partners in the winery Agrícola de Barbera de la Conca, SCCL and/or suppliers to Bodegas Concavins, SA. They may therefore be used in the production of wines protected by the ‘Conca de Barbera’ PDO where they also meet the following requirements:
— |
The grapes from the aforementioned estates were used in the aforementioned wineries prior to 1 January 1989. |
— |
This authorisation will remain in force as long as the current owners or their direct descendants own the aforementioned vines. It will be regarded as an individual authorisation to be checked individually. |
7. Wine grapes variety(ies)
|
MACABEO – VIURA |
|
TEMPRANILLO – ULL DE LLEBRE |
|
TREPAT |
8. Description of the link(s)
8.1. Wine
The Mediterranean climate mitigated by the mildness of the Tarragona coast, the continentality of the districts around Lleida and the marked difference in temperature between day and night help to produce light white wines of exceptional quality, with a delicate fruity aroma and relatively low levels of alcohol. The rosé wines are light, fruity and fresh on account of their relatively low acidity. The young red wines are smooth, light and flavourful in the mouth. The aged red wines have more body and achieve great aromatic complexity and length.
The silty-loam and clay-loam soils of Conca de Barberà give body and structure to the white wines, just as to the reds and rosés. The river terraces make the white and rosé wines softer, while the shale soils, with their abundant slate, give the red wines more colour and structure.
8.2. Quality sparkling and semi-sparkling wine
The most characteristic soils of Conca de Barberà are clay-limestone. They give body and structure to both the sparkling and semi-sparkling wines. The river terraces, on the other hand, give them greater softness.
8.3. Liqueur wine
The shale soils of the district give colour and more structure to the liqueur wines.
9. Essential further conditions (packaging, labelling, other requirements)
|
Legal framework |
|
In national legislation |
|
Type of further condition |
|
Additional provisions relating to labelling |
|
Description of the condition |
Packaging must be individually identified with the established seal of the PDO, and with a unique individual number on each package. The number is assigned according to batch in the winery at the time of packaging.
The height of the characters used to indicate Conca de Barberà must not exceed 4 millimetres, or half that for the words ‘Denominación de Origen’ (designation of origin).
The following must appear on the label:
— |
The name of the municipality mentioned in the information about the bottler or transporter. |
— |
The actual alcoholic strength by volume expressed in units or half units of its percentage in volume, followed by the abbreviation % vol. |
— |
Statement, where applicable, of the presence of sulphites in the bottled product. |
— |
The registration number in the Register of Bottlers of the Department of Agriculture, Livestock, Fisheries, Food and the Environment. |
— |
If a trade name is used, it must be located in the visual field and registered, in advance, with the Spanish Office of Patents and Trademarks. This registration must be notified to the Register of Bottlers of the Department of Agriculture, Livestock, Fisheries, Food and the Environment. |
— |
The batch number may be placed outside the visual field in which the compulsory information appears. |
— |
The name of a variety, if 85 % or more of the grapes used to produce the wine are of this variety. |
— |
The name of up to three varieties, provided that the wine in question is made entirely of those three varieties, and always in descending order of percentage in the blend. |
— |
If there are more than three varieties, these may be mentioned outside the visual field in which the compulsory information appears, always in descending order of percentage in the blend. |
— |
The year of harvest, if 85 % or more of the grapes used to produce the wine were harvested in the year to be stated in the description. |
— |
For designations of wines with the name of the wine-grower or the estate, the wine must come from vines grown by that wine-grower or registered to the estate, and be made solely and exclusively from the wine-grower’s crops and on the estate respectively. |
Link to the product specification
http://incavi.gencat.cat/.content/005-normativa/plecs-condicions-do-catalanes/Arxius-plecs/Plec-de-Condicions-DOCB-control-canvis.pdf