DG COMPETITION Unit F3 01 April 2014

Similar documents
Progress since the 2004 White Paper on services of general interest

Study on the implementation of regulation (EC) n 1370/2007. on public passenger transport services by rail and by road. (prepared by DLA Piper)

State aid and waste management

8. But so far the principle of local and regional self-government has not been properly respected in the EU framework. The problem is not confined to

The Electricity and Gas Sector in the EU: the Dilemmas of Public Service Obligations in the Context of State Aid

TO MR ALEXANDER ITALIANER DIRECTOR-GENERAL DG "COMPETITION" EUROPEAN COMMISSION. Ref.: Our ref. No of 5 October 2011

Establishment of an Internal Postal Market Joint responsibility of all stakeholders

COMMISSION STAFF WORKING DOCUMENT

Liberalization in the context of the EU Competition Policy

Services of General Economic Interest Opinion Prepared by the State Aid Group of EAGCP. June

CEMR Response to the Consultation on the new texts regarding the application of State aid rules to Services of General Economic Interest

The SGEI Communication

E R E F European Renewable Energies Federation

COMMISSION OF THE EUROPEAN COMMUNITIES

State Aid Issues for Local Authorities

The 3 rd Postal Directive establishment of an internal postal market

EXPLANATORY MEMORANDUM

TABLE OF CONTENTS 1. Introduction A shared responsibility of Public Authority in the Union An essential component of the European mode

28/08/2016. State Monopolies. Obligation to adjust. Lecture: State Monopolies Alcohol & Public Health

Impact of VAT-Exemptions in the Postal Sector on Competition and Welfare. European Commission, DG Internal Market and Services November 2010

Tendering and Procurement

Basic Principles of European State Aid Law

PUBLIC SERVICE OBLIGATIONS AND COMPETITION

Services of General Economic Interest (SGEIs)

Application of Economic Analysis in State Aid Cases: A Progress Report

REVISION OF THE BROADBAND GUIDELINES CONTRIBUTION FROM ALT LAW FIRM

Ref. Ares(2016) /04/2016. EU Public Procurement reform: Less bureaucracy, higher efficiency

(Information) EUROPEAN COMMISSION

POSTAL SERVICES DIRECTIVE A - CONSOLIDATED VERSION B -

Contact: Sten Selander, Director Postal Affairs Swedish Post and Telecom Authority, Postal Department Box 5398, SE Stockholm, Sweden

The fourth Altmark criterion - Ensuring competition and transparency through Public Procurement procedures in SGEIs

ANNEX ANNEX. to the. Communication from the Commission

Guideline for Auditors

EUROPEAN COMMISSION. State aid SA (2017/N) Sweden Tax reductions for pure and high-blended liquid biofuels

CONTENTS, SUMMARIES AND KEY WORDS

State aid SA /N FI Fixed operating aid for power plants using renewable energy sources

EIB Procurement Policy

GENERAL SECRETARIAT OF THE GOVERNMENT OFFICE FOR INTERNATIONAL AND EUROPEAN AFFAIRS

Energy and Environmental State aid Guidelines Frequently asked questions

State aid under EU law

November 13th 2009, Konkurrensverket Michael Steinicke

COMMISSION OF THE EUROPEAN COMMUNITIES

THE LEGAL IMPACT OF THE EUROPEAN COMMUNITY S STATE AID AND PUBLIC PROCUREMENT RULES ON PUBLIC SPENDING IN MALTA

UPS Response to the ERGP 2019 Work Program September 2018

Assessment of EU Postal Sector Policy during the Second Barroso Administration ( )

(Legislative acts) DIRECTIVES

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

New Role and functions of independent energy regulatory authority in EU under the Third Energy Package

DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 7 March 2002

COMMUNITY GUIDELINES ON STATE AID FOR ENVIRONMENTAL PROTECTION (TEXT WITH EEA RELEVANCE)

Expected key changes in the New Directives on Public Procurement

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

DGE 2 EUROPEAN UNION. Brussels, 21 March 2018 (OR. en) 2016/0149 (COD) PE-CONS 69/17

Corregindum no.2 - Notice of call for expressions of interest

COMMUNICATION FROM THE COMMISSION

EUROPEAN COMMISSION. Brussels, C(2010)7122. State aid N391/2010 Germany Broadband development in Hessen. Dear Sir,

UNBUNDLING OF DISTRIBUTION SYSTEM OPERATORS

The General Secretariat has made the editorial changes necessary to align the text with the rules on references to Union legislation.

NOTIFICATION OF DRAFT MEASURES PURSUANT TO ARTICLE 7(3) OF DIRECTIVE 2002/21/EC For the markets for

Enel Group response to EC Consultation on the White Paper "Towards more effective merger control".

Principles of public procurement: the basis for good performance. Istanbul, May 27-30, 2014

Pubic Monopolies, Concessions and Competition Law and Policies

COMMISSION STAFF WORKING DOCUMENT. Common methodology for State aid evaluation

SUSTAINABLE PROCUREMENT

TOOL #22. THE "SME TEST"

VALUE ADDED TAX COMMITTEE (ARTICLE 398 OF DIRECTIVE 2006/112/EC) WORKING PAPER NO 960

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION IMPACT ASSESSMENT

Procurement by Utilities

The notification procedure laid down by the Single Market Transparency Directive (SMTD) (EU) 2015/1535

Future of the USO a Belgian perspective

Review of Network Economics

Implementing the Regulation on cross-border parcel delivery services

Concept note: Energy regulators contribution to fight climate change

TNT Post UK Limited: Response to Consultation End-to-end competition in the postal sector: Draft guidance on Ofcom s approach

REPORT ON THE DRAFT LAW ON STATE AID TO UNDERTAKINGS

EUROPEAN COMMISSION HEALTH AND CONSUMERS DIRECTORATE-GENERAL

ENERGY POLICY OF MONTENEGRO UNTIL 2030

The European standardization system for the construction sector

Committee on Petitions NOTICE TO MEMBERS

COMMISSION OF THE EUROPEAN COMMUNITIES STATE AID ACTION PLAN. Less and better targeted state aid: a roadmap for state aid reform

Official Journal of the European Communities C 320/5

Public Procurement Audit. Guideline for Auditors

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EEA AGREEMENT - PROTOCOL 21 p. 1 PROTOCOL 21 ON THE IMPLEMENTATION OF COMPETITION RULES APPLICABLE TO UNDERTAKINGS.

FLEXIBLE APPLICATION OF THE POSTAL SERVICES DIRECTIVE IN THE DELIVERY SEGMENT

EU media framework, competition law and Public Service Broadcasting. - Some comments on the impact on the current UK debate.

Case No IV/M DHL / DEUTSCHE POST. REGULATION (EEC) No 4064/89 MERGER PROCEDURE. Article 6(1)(b) NON-OPPOSITION Date: 26/06/1998

Consultation on the Notice on the notion of State aid. A EURELECTRIC response paper

POSITION PAPER the lawfulness in the context of direct marketing activities, but its impact shouldn t be underestimated.

ANNEX XIV COMPETITION

The Voice of European Railways. Public Service Rail Transport in the European Union: an Overview

COMMISSION STAFF WORKING PAPER

CPI Antitrust Chronicle July 2011 (1)

Implementation of EU Postal Legislation. A guide to the transposition of EC Directive 97/67/EC as amended by Directive 2008/6/EC

The Agreement on the European Economic Area (EEA)

Consultation on a draft General Block Exemption Regulation (the GBER) on State aid measures: An EDF response.

COMMISSION OF THE EUROPEAN COMMUNITIES. Draft INTERINSTITUTIONAL AGREEMENT. on the operating framework for the European regulatory agencies

Draft working document

International Conference: Exclusionary Abuses and State Aid Rules: Achievements and Challenges. Welcome Session. António Ferreira Gomes

Public procurement and the EU policies

Transcription:

State aid to the Postal Sector DG COMPETITION Unit F3 01 April 2014

AGENDA 1. Introduction 2. Legal framework 3. Postal Directives 4. Notion of aid: State aid or no State aid? 5. Compatibility assessment

1. INTRODUCTION

1. INTRODUCTION EU Postal Sector: In 2011: 91 billion turnover, 0.72% EU GDP and 0.75% of EU employment Postal services handle about 135 billion items per year: 2/3 mail & 1/3 parcels Two key trends: e-substitution (left graph) and e-commerce (right graph) Decrease of letter segment: Increase of the parcel segment:

1. INTRODUCTION EU postal policy: The postal services sector is of vital importance for commercial users and consumers: parts of this sector can therefore be considered as a service of general economic interest (SGEI). Accomplish the Single Market for postal services and ensure a high quality universal postal service as part of the Lisbon Agenda. Opening up the sector to competition in a gradual and controlled way on the basis of the regulatory framework: 1 st Postal Directive (97/67/EC) 2 nd Postal Directive (2002/39/EC) 3 rd Postal Directive (2008/06/EC) The improvement of quality of service, in particular in terms of delivery performance and convenient access are key aspects of the EU postal policy.

I. Sectoral legislation: 2. LEGAL FRAMEWORK Postal Directives (primarily DG MARKT) II. State aid control: (by DG COMPETITION) Case law: Four Altmark criteria (ECJ judgment of 24/07/2003) to determine whether a measure entails an economic advantage (or not) and hence whether there can be State aid (or not). Commission's 2012 SGEI Package: (applicable since 31/01/2012) Public financing of SGEIs via State aid in the form of public service compensation can be compatible if compliant with: The 2012 SGEI Framework: Rules under which State aid to finance SGEIs is compatible with Article 106(2) of the Treaty The 2012 SGEI Decision: compatible with Article 106 (2) and also exempt from notification (for specific sectors / smaller amounts)

3. POSTAL DIRECTIVES Provision of a universal postal service (USO) A precise set of universal service obligations is set out in article 3 of the Postal Directive to give effect to the principles of universality, equality and continuity. Establishment of a national regulatory authority which is independent of the postal operator. Operators providing the universal service have to establish separate accounts in order to avoid undue cross-subsidies: for services open to competition; for non-reserved services (no longer applicable).

3. THIRD POSTAL DIRECTIVE (2008/06/EC) Full market opening Currently completed in all Member States. USO financing: Compensation from public funds: Net Avoided Cost methodology (NAC) - Annex I 3rd Postal Directive When USO represents an unfair financial burden on USO provider. Or, establish a sharing mechanism of the net costs of the universal service obligation between providers (a so-called compensation fund).

4. NOTION OF AID: STATE AID OR NO STATE AID? Case law: Altmark criteria In its Altmark judgement, the Court of Justice has defined four cumulative criteria which, if fulfilled, allows the Commission to exclude the presence of an economic advantage No State aid. The criteria: (1) defining the SGEI; (2) ex ante clear & objective criteria for compensation, (3) no overcompensation, (4) tender or efficiency. The efficiency test is difficult to apply in the postal sector. Consequence: State compensation State aid Practically all compensations for SGEI in the postal sector constitute State aid within the meaning of article 107(1) EC. Member States must therefore respect the obligations of: prior notification; and standstill provision pursuant to article 108(3) EC Treaty.

5. COMPATIBILITY ASSESSMENT Member States are (to a great extent) free to define which SGEI missions should be delivered by the postal operator, how and if it should be compensated by the State (or not). Compatibility of State compensation for USO: Should comply with 3rd Postal Directive and 2012 SGEI Framework 3rd Postal Directive: Unfair burden Additional requirement that is not contained in State aid rules 2012 SGEI Framework: next slide

5. COMPATIBILITY ASSESSMENT Compatibility of State compensation for other Postal SGEIs: Should only comply with 2012 SGEI Framework (need to notify!): EU Public procurement rules have to be fulfilled Close cooperation with DG MARKT Limited entrustment period Net Avoided Cost methodology (NAC) Net costs determined on comparison to counterfactual Avoidance of undue distortion of competition E.g. non-discriminatory network access

5. COMPATIBILITY ASSESSMENT Compatibility of State compensation for other Postal SGEIs: Other conditions of the 2012 SGEI Framework: Public consultation of the users of postal services to identify their needs Clear agreement (entrustment act) that sets out the requirements Separate accounts to be able to identify costs & revenues of the SGEI Clear compensation criteria, no overcompensation and efficiency incentives in the compensation mechanism Ensuring transparency through publication of certain information

5. COMPATIBILITY ASSESSMENT Compatibility of State compensation for other Postal SGEIs: No need to notify: if the State compensation is < 15 million per year and if all conditions of the 2012 SGEI Decision are met: Entrustment act that contains all info required by 2012 SGEI Decision Normally no more than 10 years (unless duly justified by investments) Separate accounts to be able to identify costs & revenues of the SGEI Clear compensation criteria and no overcompensation (+ checks)! Sectoral regulation (Postal directives) remains applicable, including the NAC for the USO (even if USO compensation < 15 million)!