State Aid from A to Z Intensive Four-day Summer Course

Transcription

1 State Aid from A to Z Intensive Four-day Summer Course 5-8 September 2016 Oleggio Castello, Lake Maggiore (near Milan), Italy EXPERTS (among others) Chair & Speaker: Attaché for State Aid, Hungarian Permanent Representation, Brussels Chair & Speaker: Competition/State Aid Officer, EFTA Surveillance Authority, Brussels Monique Negenman Head of Unit, State aid Post and other services, DG Competition European Commission, Brussels Member of the Legal Service, European Commission, Brussels Daiga Lagzdiņa Ardenis Ltd., Riga Lawyer, Government Legal Service, Department for Communities and Local Government, United Kingdom DAY 1: Concept and Assessment of State Aid Concept and Principles of State Aid Compatibility Assessment Economic Impacts of Subsidies DAY 2: State Aid Exemptions and Procedures General Block Exemption Regulation (GBER) & De minimis Regulation Services of General Economic Interest (SGEI) Procedures: Notification & Recovery DAY 3: The Main Horizontal Guidelines Regional Aid Environmental and Energy Aid State Aid for R&D&I Aid for Risk Finance DAY 4: Infrastructure Funding Infrastructure Funding in Compliance with State Aid Practical Exercises and Group Work on Infrastructure Funding

2 Summer Course: State Aid from A to Z 5-8 September 2016 Oleggio Castello, Lake Maggiore (near Milan), Italy General information Methodology This Summer Course provides you with a comprehensive overview of the essential State aid regulations and equips you with a practical "toolbox" for the assessment of State aid and design of public measures compatible with the Internal Market. The participants will be actively involved. The sessions will combine lectures, case studies, practical exercises and interactive discussion on practical problems. You will have ample opportunities to present your own problematic issues and discuss them with the speakers and participants from other countries. Social activities in the evenings provide a perfect opportunity for (informal) networking. The process of true learning happens in three stages: Identification of the main points or principles Appreciation of the complexities and limitation of the principles, and Application of the principles Our Training Method combines these three stages of learning to ensure that the participants obtain the best possible understanding of EU rules. Just send to us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the Summer Course. All information concerning such problems and cases will be treated confidentially. Participants will receive extensive materials: All presentations shown during the Summer Course (inclusive online access to all presentations after the training) Confirmations of Participation A free copy of Phedon Nicolaides' book 'State Aid Uncovered', a compilation of all State Aid Uncovered articles from 2015 Selection of corresponding journals published by Lexxion Who should participate? Public officials from: Ministries and other national authorities National Competition Authorities State Aid Monitoring Offices Courts of Auditors Regional governments Communal and city councils National and regional development agencies involved in granting State aid in sectors such as: Transport and infrastructure; finance; environment and energy; telecommunication and broadband; social services and health; agriculture; research, development & innovation ESI funds experts from: Institutions coordinating the national strategies for ESI Funds Managing, certifying and audit authorities Intermediate bodies Bodies implementing EU funded projects Lawyers and consultants Experts from public and private banks Academics Your benefits Become familiar with the concept and principles of State aid Learn how to assess the existence of State aid and its compatibility with the internal market Receive a detailed insight into the most important State aid exemptions and how to apply them Become acquainted with the State procedures concerning the notification procedure and recovery of unlawful aid Increase your knowledge on the main guidelines Make sure you finance infrastructure projects in compliance with State aid rules Apply your updated knowledge in various practical cases and group exercises Exchange with State aid experts from different Member States and enjoy networking at the beautiful Lake Maggiore

3 18:30 Evening event & Networking Programme Day 1 & Day 2 Chair:, Attaché for State Aid, Hungarian Permanent Representation, Brussels Day 1: Concept and Assesment of State Aid 08:30 Registration & Welcome Coffee 09:00 Welcome & Introduction Round 09:15 Concept and Principles of State Aid The requirements of Art. 107 TFEU The notion of aid The notion of undertaking Economic vs. non-economic activity Determining advantage and selectivity 10:45 The State Aid Modernisation Package Main objectives and regulatory changes 11:00 Coffee Break & Networking 11:30 Case Studies & Group Exercise: Does a Measure Fulfil the Criteria of Art. 107 TFEU and Constitute State Aid? 13:00 Lunch Break 14:00 The Market Economy Operator (MEO) Test When is a public measure a State aid the notion of advantage The economic concept behind the MEO test, Senior Manager, Ernst & Young, Berlin 14:30 Compatibility Assessment of State aid Balancing test Contribution to a well-defined objective of common interest Need for State intervention Appropriateness of State aid measure Incentive effect and proportionality Avoidance of undue negative effects on competition and trade between member states Transparency and evaluation 15:30 Economic Impacts of Subsidies Introduction to Cost-Benefit-Analysis 16:00 Coffee Break & Networking 16:30 Practical Exercises: How to conduct a counterfactual analysis (incentive effect) Funding gap method (proportionality) Day 2: State Aid Exemptions & Procedures 09:00 De minimis Regulation Application of Art. 107 & 108 TFEU Threshold and cumulation, Member of the Legal Service, AIDE Team (State aids and dumping), European Commission, Brussels 09:30 General Block Exemption Regulation (GBER) (incl. ½h coffee break) The new GBER rules Scope and categories of exempted aid Thresholds, incentive effect, cumulation rules 11:30 GBER: Best Practice for Application in Member States Experiences and challenges with the practical application of GBER Discussion and Q&A, Lawyer, Government Legal Service, Department for Communities and Local Government, United Kingdom 13:00 Lunch Break 13:30 Services of General Economic Interest (SGEI) Concept of SGEI The Altmark Package How to notify SGEI aid? How to calculate compensation? Monique Negenman, Head of Unit, State aid Post and other services, DG Competition. European Commission, Brussels 15:00 Coffee break 15:30 Best Practice of a Member State: State Aid Procedures: Notification & Recovery Notification procedure: The new Regulation 2015/1589 What needs to be notified and how? Types of procedures Non-compliance and recovery of unlawful aid 17:00 17:15 Summary and Lessons Learnt of Day 2 End of the day 2 17:30 Summary and Lessons Learnt of Day 1 17:45 End of Day 1

4 Programme Day 3 & Day 4 Chair:, Senior Officer, Competition and State Aid Directorate, EFTA Surveillance Authority, Brussels Day 3: The Main Horizontal Guidelines Day 4: Infrastructure Funding 09:00 Regional Aid Guidelines on Regional State aid Regional aid under the GBER Implications for Member States authorities Treatment of SMEs and large enterprises Regional maps Eftichia Mouameletzi, State Aid Unit, Centre of International and European Economic Law 10:00 Case Study: Regional Aid in Practice Eftichia Mouameletzi 10:30 Coffee Break & Networking 11:00 Environmental and Energy Aid Guidelines and Legal framework for energy and environment projects: Scope of application Notifiable energy and environmental aid Specific State aid provisions for energy efficiency and renewable energy 12:00 Case Study: Environmental and Energy Aid in Practice 12:30 Lunch Break 13:30 State Aid for R&D&I The new Framework for State Aid for R&D&I Economic and non-economic activities GBER rules 14:30 Case Study: R&D&I Aid in Practice 15:00 Coffee Break & Networking 15:30 Aid for Risk Finance Challenges resulting from State aid to promote risk finance investments How to use financial instruments and fiscal measures in compliance with State Aid rules? Tax incentives for private investors Compatibility criteria and GBER rules 16:30 Case Study: Risk Finance in Practice 17:00 Summary and Lessons Learnt of Day 3 17:15 End of Day 3 19:00 Common Dinner 09:00 Funding of Infrastructure in Compliance with State Aid Infrastructure Funding in Regional policy Funding infrastructure after Leipzig/Halle Implications for national and EU Funding: What are public authorities still allowed to finance? MEIP and its application to infrastructure funding Compatibility principles of infrastructure funding Daiga Lagzdiņa, Ardenis Ltd., Riga 10:30 Coffee Break & Networking 11:00 State Aid Rules to ESI Funded Infrastructure Projects in Specific Fields: Practical Exercises & Group Work Transport infrastructure Financing of airports Research infrastructure Sport and multifunctional recreational infrastructures Public Utilities infrastructure: water, sewerage and waste Participants will work on cases. The results will be presented and discussed commonly. Daiga Lagzdiņa 13:00 Lunch Break 14:00 Problem-Solving Session and Final Discussion Discuss your individual cases and questions in full confidentiality 15:00 Summary and Lessons Learnt of Day 4 and the Summer Course 15:15 End of the Summer Course & Distribution of Certificates Just send us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the workshop. All information concerning your questions and cases will be treated confidentially. As the number of participants is limited, participants will benefit from a maximum of exchange and discussion of their individual questions.

5 Summer Course: State Aid from A to Z 5-8 September 2016 Oleggio Castello, Lake Maggiore (near Milan), Italy Experts 1 4 : 3 0 Chairs & Speakers Attaché for State Aid, Hungarian Permanent Representation, Brussels studied law at the Pázmány Péter Catholic University Faculty of Law ( ) and Comparative Law at the International Faculty of the University Robert Schuman Strasbourg ( ). He did a banking-lawyer postgraduate training ( ) and took part in the common European specialist course of the Ministry of Foreign Affairs and the French École National d Administration in spring He has been working at the State Aid Monitoring Office in Budapest since In 2007, he was appointed as head of the unit. He is a regular speaker at the seminars on State aid. Since January 2011 he is the attaché responsible for State aid at the Permanent Representation of Hungary to the EU in Brussels. Competition/State Aid Officer, EFTA Surveillance Authority, Brussels Bachelor in law in 1993 from the University of Thrace (Greece), PhD in EC Competition law in 2000 from the University of Essex (UK). Mihalis has been a member of the Athens Bar Association, Greece, since In the past, he worked as a Senior Lecturer at the European Institute of Public Administration (EIPA Maastricht) where he regularly advised public authorities across the EU on State aid issues and participated in EU-funded projects as an international/eu legal expert and project manager. In his current position as Senior Officer in the Competition and State aid Directorate of the EFTA Surveillance Authority, he gets involved among others in the assessment of State aid cases and complaints pursuant to the provisions of the EEA Agreement. He is the author of three books on state aid policy and merger policy respectively and has written numerous articles. Workshop and/or Conference Material - No need to miss anything! If you were unable to make it to the workshop you may want to order a copy of the printed material including the access data to all presentations shown during the events. The price is 299,- (excl. of VAT). If interested, please contact: Juliana Veit +49 (0) veit@lexxion.de Monique Negenman Head of Unit, State aid Post and other services, DG Competition. European Commission, Brussels Member of the Legal Service, AIDE Team (State aids and dumping), European Commission, Brussels is a Czech and Spanish lawyer, currently working as a Member of the Legal Service of the European Commission. Among other tasks, she represents the Commission in a number of Court cases, in particular in the field of State aid. Before, she practiced competition and European law in the Brussels offices of two renowned international law firms, Arnold & Porter and Latham & Watkins. She graduated in Law from the Charles University (Prague, Czech Rep.) and in Law and Economics from the Seville University (Spain), holds a Master Degree (LL.M.) in European Legal Studies from the College of Europe (Bruges, Belgium) and a Post-graduate Diploma in Economics of Competition Law from the King's College (London, UK). In 2012, she also received her Doctorate (Ph.D.) in European & International Public Law from the Charles University in Prague. She is a frequent speaker at conferences and seminars related to State aid law and contributor to legal journals and publications on a regular basis. Daiga Lagzdiņa Ardenis Ltd., Riga Lawyer, Government Legal Service, Department for Communities and Local Government, United Kingdom Alexander has extensive experience advising on State Aid law compliance, at both national authority and European Commission level. As a solicitor in the European Programmes and Local Growth team at the Government Legal Service, Alexander s role involves putting in place appropriate structures to identify and resolve State Aid issues as well as defending projects subject to challenges from DG Competition and the European Court of Auditors. Alexander has advised on the compliance of many complex and high profile projects, successfully notified schemes and written national guidance. Between 2010 and 2013, Alexander was Chairman of the United Kingdom State Aid Technical Group, helping national and local government to cascade information on State aid law compliance. In 2014, Alexander was seconded to the European Commission as a detached national expert, working on State Aid issues at DG Competition and ERDF matters at DG Regional and Urban Policy. Prior to working for the civil service, Alexander was a solicitor for DLA Piper LLP. Eftichia Mouameletzi State Aid Unit, Centre of International and European Economic Law, Thessaloniki Senior Manager, Ernst & Young, Berlin

6 Summer Course: State Aid from A to Z 5-8 September 2016 Oleggio Castello, Lake Maggiore (near Milan), Italy Registration Venue Castello Dal Pozzo Via Dal Pozzo Oleggio Castello (NO) ITALY Participation fee YES, I would like to participate for the reduced fee for public authorities EUR 2.900* (excl. VAT). YES, I would like to participate for the regular fee of EUR 3.500* (excl. VAT). YES, I am European State Aid Law Quarterly EStAL-subscriber (EUR 100 discount if applicable). * Italian VAT will be added where applicable. The participation fees include the material, drinks and snacks during the breaks and lunch. Newsletter subscription Please send me information about State Aid issues for free. I may unsubscribe from this service any time. Cancellations Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 19 August 2016 (included illness or impediment which prevents her or him from fulfilling her or his duties). Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website. Please register with: Juliana Veit Lexxion Publisher Güntzelstr Berlin, Germany Phone: +49 (0) Fax: +49 (0) veit@lexxion.de online: Name Position, Department Company Name Address Address Phone, Fax Customer No. of EStAL-Subscription VAT Reg.-No. Date, Signature Upcoming events EStAL Workshop: Infrastructure Funding Rescue and Restructuring 10 November 2016 London The morning session will focus on infrastructure funding, including recent judgments and their implications for national and EU funding. Additionally, the economic activity and the economic character of the construction of infrastructure will be addressed, considering crucial fields of compliance such as GBER & SGEI. The afternoon session will discuss the Rescue and Restructuring Guidelines by exploring in depth the definition of a Firm in Difficulty, the balancing test s new filters and the reformed rules on burden sharing and the restructuring temporary support. Furthermore, the assessment of restructuring aid will be analysed. EStALI Atumn Conference on European State Aid Law December 2016 Copenhagen The leading platform to present and discuss the latest developments in European State aid control. As has been the case in previous years, private legal practitioners, economists, academics and industry representatives will have the opportunity to benefit from exchanging their views on the rules that will guide European State aid control for the coming years.