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11.1.2012 Official
Journal
of
the
European
Union
L
7/3
DECISIONS
COMMISSION DECISION
of 20 December 2011
on the application of Article 106(2) of the Treaty on the Functioning of the European Union to
State aid in the form of public service compensation granted to certain undertakings entrusted with
the operation of services of general economic interest
(notified under document C(2011) 9380)
(Text with EEA relevance)
(2012/21/EU)
THE EUROPEAN COMMISSION,
(4) In
its
judgment
in Altmark ( 1 ), the Court of Justice held
that public service compensation does not constitute
State aid within the meaning of Article 107 of the
Treaty provided that four cumulative criteria are met.
First, the recipient undertaking must actually have
Having regard to the Treaty on the Functioning of the European
public service obligations to discharge, and the obli
Union, and in particular Article 106(3) thereof,
gations must be clearly defined. Second, the parameters
on the basis of which the compensation is calculated
must be established in advance in an objective and trans
parent manner. Third, the compensation must not exceed
Whereas:
what is necessary to cover all or part of the costs

incurred in the discharge of the public service obli
gations, taking into account the relevant receipts and a
reasonable profit. Finally, where the undertaking that is
to discharge public service obligations, in a specific case,
(1)
Article 14 of the Treaty requires the Union, without
is not chosen pursuant to a public procurement
prejudice to Articles 93, 106 and 107 of the Treaty, to
procedure which would allow for the selection of the
use its powers in such a way as to make sure that
tenderer capable of providing those services at the least
services of general economic interest operate on the
cost to the community, the level of compensation needed
basis of principles and conditions which enable them
must be determined on the basis of an analysis of the
to fulfil their missions.
costs that a typical undertaking, well-run and adequately
provided with the relevant means, would have incurred.
(2) For
certain
services
of
general
economic
interest
to
operate on the basis of principles and under conditions
(5) Where
those
criteria
are
not
fulfilled
and
the
general
which enable them to fulfil their missions, financial
conditions for the applicability of Article 107(1) of the
support from the State may prove necessary to cover
Treaty are met, public service compensation constitutes
some or all of the specific costs resulting from the
State aid and is subject to Articles 93, 106, 107 and 108
public service obligations. In accordance with
of the Treaty.
Article 345 of the Treaty, as interpreted by the Court
of Justice of the European Union, it is irrelevant whether
such services of general economic interest are operated
by public or private undertakings.
(6) In
addition
to
this
Decision,
three
instruments
are
relevant for the application of the State aid rules to
compensation granted for the provision of services of
general economic interest:
(3) Article
106(2)
of
the
Treaty
states
in
this
respect
that
undertakings entrusted with the operation of services of
general economic interest or having the character of a
revenue-producing monopoly are subject to the rules
contained in the Treaty, in particular to the rules on
(a) a new Communication on the application of the
competition, in so far as the application of these rules
European Union State aid rules to compensation
does not obstruct, in law or in fact, the performance of
granted for the provision of services of general
the tasks entrusted. This should however not affect the
development of trade to such an extent as would be
( 1 ) Case C-280/00 Altmark Trans and Regierungsprsidium Magdeburg v
contrary to the interests of the Union.
Nahverkehrsgesellschaft Altmark [2003] ECR I-7747.

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economic interest ( 1 ) clarifies the application of
trade and competition to such an extent as would be
Article 107 of the Treaty and the criteria set by the
contrary to the interests of the Union. An individual
Altmark ruling to such compensation;
State aid notification should therefore not be required
for compensation below a specified annual amount of
compensation provided the requirements of this
Decision are met.
(b) a new Regulation, which the Commission intends to
adopt, on the application of Articles 107 and 108 of
the Treaty to de minimis aid for the provision of SGEI
lays down certain conditions – including the amount
(10) Given
the development of intra-Union trade in the
of the compensation – under which public service
provision of services of general economic interest,
compensations shall be deemed not to meet all the
demonstrated for instance by the strong development
criteria of Article 107(1);
of multi-national providers in a number of sectors
which are of great importance for the development of
the internal market, it is appropriate to set a lower limit
for the amount of compensation which can be exempted
from the notification requirement in accordance with this
(c) a revised framework for State aid in the form of
Decision than what was set by Decision 2005/842/EC,
public service compensation ( 2 ) specifies how the
while allowing for that amount to be computed as an
Commission will analyse cases that are not covered
annual average over the entrustment period.
by this Decision and therefore have to be notified to
the Commission.
(11) Hospitals
and
undertakings
in
charge
of
social
services,
which are entrusted with tasks of general economic
(7) Commission
Decision
2005/842/EC
of
28
November
2005 on the application of Article 86(2) of the EC
interest, have specific characteristics that need to be
Treaty to State aid in the form of public service compen
taken into consideration. In particular, account should
sation granted to certain undertakings entrusted with the
be taken of the fact that, in the present economic
operation of services of general economic interest (
conditions and at the current stage of development of

3 )
specifies the meaning and extent of the exception
the internal market, social services may require an
pursuant to Article 106(2) of the Treaty and sets out
amount of aid beyond the threshold in this Decision to
rules intended to enable effective monitoring of the
compensate for the public service costs. A larger amount
fulfilment of the criteria set out in that provision. This
of compensation for social services does thus not
Decision replaces Decision 2005/842/EC and lays down
necessarily produce a greater risk of distortions of
the conditions under which State aid in the form of
competition. Accordingly, undertakings in charge of
compensation for a service of general economic interest
social services, including the provision of social housing
is not subject to the prior notification requirement of
for disadvantaged citizens or socially less advantaged
Article 108(3) of the Treaty as it can be deemed
groups, who due to solvency constraints are unable to
compatible with Article 106(2) of the Treaty.
obtain housing at market conditions, should also benefit

from the exemption from notification provided for in
this Decision, even if the amount of compensation they
receive exceeds the general compensation threshold laid
down in this Decision. The same should apply to
(8) Such
aid
may
be
deemed
compatible
only
if
it
is
granted
hospitals providing medical care, including, where
in order to ensure the provision of services of general
applicable, emergency services and ancillary services
economic interest as referred to in Article 106(2) of the
directly related to their main activities, in particular in
Treaty. It is clear from the case-law that, in the absence
the field of research. In order to benefit from the
of sectoral Union rules governing the matter, Member
exemption from notification, social services should be
States have a wide margin of discretion in the definition
clearly identified services, meeting social needs as
of services that could be classified as being services of
regards health and long-term care, childcare, access to
general economic interest. Thus the Commission’s task is
and reintegration into the labour market, social housing
to ensure that there is no manifest error as regards the
and the care and social inclusion of vulnerable groups.
definition of services of general economic interest.
(12) The
extent
to
which
a
particular
compensation
measure
(9) Provided a number of conditions are met, limited
affects trade and competition depends not only on the
amounts of compensation granted to undertakings
average amount of compensation received per year and
entrusted with the provision of services of general
the sector concerned, but also on the overall duration of
economic interest do not affect the development of
the period of entrustment. Unless a longer period is
justified due to the need for a significant investment,
for example in the area of social housing, the application
( 1 ) OJ C 8, 11.1.2012, p. 4.
( 2 ) OJ C 8, 11.1.2012, p. 15.
of this Decision should therefore be limited to periods of
( 3 ) OJ L 312, 29.11.2005, p. 67.
entrustment not exceeding 10 years.

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(13) In
order
for
Article
106(2)
of
the
Treaty
to
apply,
the
obligation on the basis of the foregone revenue. In order
undertaking in question must have been specifically
to avoid unjustified distortions of competition, all
entrusted by the Member State with the operation of a
revenues earned from the service of general economic
particular service of general economic interest.
interest, that is to say, any revenues that the provider
would not have obtained had it not been entrusted
with the obligation should be taken into account for
the purposes of calculating the amount of compensation.
(14) In order to ensure that the criteria set out in
If the undertaking in question holds special or exclusive
Article 106(2) of the Treaty are met, it is necessary to
rights linked to activities, other than the service of
lay down more precise conditions that must be fulfilled
general economic interest for which the aid is granted,
in respect of the entrustment of the operation of services
that generate profits in excess of the reasonable profit, or
of general economic interest. The amount of compen
benefits from other advantages granted by the State,
sation can be properly calculated and checked only if
these should be included in its revenue, irrespective of
the public service obligations incumbent on the under
their classification for the purposes of Article 107 of the
takings and any obligations incumbent on the State are
Treaty.
clearly set out in one or more acts of the competent
public authorities in the Member State concerned. The
form of the instrument may vary from one Member State
to another but it should specify, at least, the undertakings
(18) Reasonable
profit
should
be
determined
as
a
rate
of
concerned, the precise content and duration of and,
return on capital that takes into account the degree of
where appropriate, the territory concerned by the
risk, or absence of risk, incurred. The rate of return on
public service obligations imposed, the granting of any
capital should be defined as the internal rate of return
exclusive or special rights, and describe the compensation
that the undertaking obtains on its invested capital over
mechanism and the parameters for determining the
the duration of the period of entrustment.
compensation and avoiding and recovering any possible
overcompensation. In order to ensure transparency in
relation to the application of this Decision, the act of
entrustment should also include a reference to it.
(19) Profit
not
exceeding
the
relevant
swap
rate
plus
100
basis points should not be regarded as unreasonable. In
this context, the relevant swap rate is viewed as an
appropriate rate of return for a risk-free investment.
(15) In
order
to
avoid
unjustified
distortions
of
competition,
The premium of 100 basis points serves, inter alia, to
the compensation should not exceed what is necessary to
compensate for liquidity risk related to the provision of
cover the net costs incurred by the undertaking in
capital which is committed for the operation of the
operating the service, including a reasonable profit.
service during the period of entrustment.
(16) Compensation
in
excess
of
what
is
necessary
to
cover
the
net costs incurred by the undertaking concerned in
(20) In
cases
where
the
undertaking
entrusted
with
a
service
operating the service is not necessary for the operation
of general economic interest does not bear a substantial
of the service of general economic interest, and
degree of commercial risk, for instance because the costs
consequently constitutes incompatible State aid that
it incurs in the operation of the service are compensated
should be repaid to the State. Compensation granted
in full, profits exceeding the benchmark of the relevant
for the operation of a service of general economic
swap rate plus 100 basis points should not be viewed as
interest but actually used by the undertaking concerned
reasonable.
to operate on another market for purposes other than
those specified in the act of entrustment is not necessary
for the operation of the service of general economic
interest, and may consequently also constitute incom
(21) Where,
by
reason
of
specific
circumstances,
it
is
not
patible State aid that should be repaid.
appropriate to use the rate of return on capital,
Member States should be able to rely on other profit
level indicators to determine what the reasonable profit
should be, such as the average return on equity, return
(17) The net cost to be taken into account should be
on capital employed, return on assets or return on sales.
calculated as the difference between the cost incurred
in operating the service of general economic interest
and the revenue earned from the service of general
economic interest or, alternatively, as the difference
(22) In
determining
what
constitutes
a
reasonable
profit,
the
between the net cost of operating with the public
Member States should be able to introduce incentive
service obligation and the net cost or profit operating
criteria relating, in particular, to the quality of service
without the public service obligation. In particular, if
provided and gains in productive efficiency. Efficiency
the public service obligation leads to a reduction of the
gains should not reduce the quality of the service
revenue, for instance due to regulated tariffs, but does
provided. For instance, Member States should be able
not affect the costs, it should be possible to determine
to define productive efficiency targets in the entrustment
the net cost incurred in discharging the public service
act whereby the level of compensation is made

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dependent upon the extent to which the targets have
(25) In
the
specific
cases
of
public
service
compensation
for
been met. The entrustment act may provide that if the
air or maritime links to islands and for airports and ports
undertaking does not meet the objectives, the compen
which constitute services of general economic interest as
sation is to be reduced by applying a calculation method
referred to in Article 106(2) of the Treaty, it is appro
specified in the entrustment act, whereas if the under
priate to provide thresholds based on the average annual
taking exceeds the objectives, the compensation may be
number of passengers as this more accurately reflects the
increased by applying a method specified in the
economic reality of these activities and their character of
entrustment act. Any rewards linked to productive effi
services of general economic interest.
ciency gains should be set at a level such as to allow
balanced sharing of those gains between the undertaking
and the Member State and/or the users.
(26) Exemption
from
the
requirement
of
prior
notification
for
certain services of general economic interest does not
rule out the possibility for Member States to notify a
(23) Article
93
of
the
Treaty
constitutes
a lex specialis with
specific aid project. In the event of such a notification,
regard to Article 106(2) of the Treaty. It lays down the
or if the Commission assesses the compatibility of a
rules applicable to public service compensation in the
specific aid measure following a complaint or ex officio,
land transport sector. Article 93 has been interpreted
the Commission will assess whether the conditions of
by Regulation (EC) No 1370/2007 of the European
this Decision are met. If that is not the case, the
Parliament and of the Council of 23 October 2007 on
measure will be assessed in accordance with the prin
public passenger transport services by rail and by road
ciples contained in the Commission Communication on
and repealing Council Regulations (EEC) Nos 1191/69
a framework for State aid in the form of public service
and 1107/70 (
compensation.

1 ), which lays down the rules applicable
to the compensation of public service obligations in
public passenger traffic. Its application to inland
waterway passenger traffic is at the discretion of the
Member States. Regulation (EC) No 1370/2007 exempts
(27) This
Decision
should
apply
without
prejudice
to
the
from notification pursuant to Article 108(3) of the Treaty
provisions of Commission Directive 2006/111/EC of
all compensation in the land transport sector that fulfils
16 November 2006 on the transparency of financial
the conditions of that Regulation. In accordance with the
relations between Member States and public undertakings
judgment in Altmark, compensation in the land transport
as well as on financial transparency within certain under
sector that does not comply with the provisions of
takings ( 4 ).
Article 93 of the Treaty cannot be declared compatible
with the Treaty on the basis of Article 106(2) of the
Treaty, or on the basis of any other Treaty provision.
(28) This
Decision
should
apply
without
prejudice
to
the
Consequently, this Decision does not apply to the land
Union provisions in the field of competition, in particular
transport sector.
Articles 101 and 102 of the Treaty.
(24) Unlike
land
transport,
the
maritime
and
air
transport
(29) This
Decision
should
apply
without
prejudice
to
the
sectors are subject to Article 106(2) of the Treaty.
Union provisions in the field of public procurement.
Certain rules applicable to public service compensation
in the air and maritime transport sectors are to be found
in Regulation (EC) No 1008/2008 of the European
Parliament and of the Council of 24 September 2008
(30) This
Decision
should
apply
without
prejudice
to
stricter
on common rules for the operation of air services in
provisions relating to public service obligations that are
the Community ( 2 ) and in Council Regulation (EEC)
contained in sectoral Union legislation.
No 3577/92 of 7 December 1992 applying the
principle of freedom to provide services to maritime
transport within Member States (maritime cabotage) ( 3 ).
However, unlike Regulation (EC) No 1370/2007, those
(31) Transitional
provisions
should
be
laid
down
for
indi
Regulations do not refer to the compatibility of the
vidual aid that was granted before the entry into force
possible State aid elements, nor do they provide for an
of this Decision. Aid schemes put into effect in
exemption from the obligation to notify pursuant to
accordance with Decision 2005/842/EC before the
Article 108(3) of the Treaty. This Decision should
entry into force of this Decision should continue to be
therefore apply to public service compensation in the
compatible with the internal market and exempt from
air and maritime transport sectors provided that, in
the notification requirement for a further period of
addition to fulfilling the conditions set out in this
2 years. Aid put into effect before the entry into force
Decision, such compensation also complies with the
of this Decision that was not awarded in accordance with
sectoral rules contained in Regulations (EC)
Decision 2005/842/EC but fulfils the conditions laid
No 1008/2008 and (EEC) No 3577/92 where applicable.
down in this Decision should be compatible with the
internal market and exempt from the notification
requirement.
( 1 ) OJ L 315, 3.12.2007, p. 1.
( 2 ) OJ L 293, 31.10.2008, p. 3.
( 3 ) OJ L 364, 12.12.1992, p. 7.
( 4 ) OJ L 318, 17.11.2006, p. 17.

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(32) The
Commission
intends
to
carry
out
a
review
of
this
the average annual traffic during the 2 financial years
Decision 5 years after its entry into force,
preceding that in which the service of general economic
interest was assigned does not exceed 200 000 passengers,
in the case of airports, and 300 000 passengers, in the case
HAS ADOPTED THIS DECISION:
of ports.
Article 1
2. This
Decision
only
applies
where
the
period
for
which
the
Subject matter
undertaking is entrusted with the operation of the service of
general economic interest does not exceed 10 years. Where the
This Decision sets out the conditions under which State aid in
period of entrustment exceeds 10 years, this Decision only
the form of public service compensation granted to certain
applies to the extent that a significant investment is required
undertakings entrusted with the operation of services of
from the service provider that needs to be amortised over a
general economic interest is compatible with the internal
longer period in accordance with generally accepted accounting
market and exempt from the requirement of notification laid
principles.
down in Article 108(3) of the Treaty.
Article 2
3. If during the duration of the entrustment the conditions
for the application of this Decision cease to be met, the aid shall
Scope
be notified in accordance with Article 108(3) of the Treaty.
1. This
Decision
applies
to
State
aid
in
the
form
of
public
service compensation, granted to undertakings entrusted with
the operation of services of general economic interest as
4. In
the
field
of
air
and
maritime
transport,
this
Decision
referred to in Article 106(2) of the Treaty, which falls within
only applies to State aid in the form of public service compen
one of the following categories:
sation, granted to undertakings entrusted with the operation of
services of general economic interest as referred to in
Article 106(2) of the Treaty, which complies with Regulation
(a) compensation not exceeding an annual amount of
(EC) No
1008/2008 and, respectively, Regulation (EEC)
EUR 15 million for the provision of services of general
No 3577/92 where applicable.
economic interest in areas other than transport and
transport infrastructure;
5. This
Decision
does
not
apply
to
State
aid
in
the
form
of
where the amount of compensation varies over the duration
public service compensation granted to undertakings in the field
of the entrustment, the annual amount shall be calculated as
of land transport.
average of the annual amounts of compensation expected to
be made over the entrustment period;
Article 3
(b) compensation for the provision of services of general
Compatibility and exemption from notification
economic interest by hospitals providing medical care,
State aid in the form of public service compensation that meets
including, where applicable, emergency services; the
the conditions laid down in this Decision shall be compatible
pursuit of ancillary activities directly related to the main
with the internal market and shall be exempt from the prior
activities, notably in the field of research, does not,
notification obligation provided for in Article 108(3) of the
however, prevent the application of this paragraph;
Treaty provided that it also complies with the requirements
flowing from the Treaty or from sectoral Union legislation.
(c) compensation for the provision of services of general
economic interest meeting social needs as regards health
and long term care, childcare, access to and reintegration
Article 4
into the labour market, social housing and the care and
Entrustment
social inclusion of vulnerable groups;
Operation of the service of general economic interest shall be
entrusted to the undertaking concerned by way of one or more
(d) compensation for the provision of services of general
acts, the form of which may be determined by each Member
economic interest as regards air or maritime links to
State. The act or acts shall include, in particular:
islands on which the average annual traffic during the
2 financial years preceding that in which the service of
general economic interest was assigned does not exceed
300 000 passengers;
(a) the content and duration of the public service obligations;
(e) compensation for the provision of services of general
(b) the undertaking and, where applicable, the territory
economic interest as regards airports and ports for which
concerned;

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(c) the nature of any exclusive or special rights assigned to the
(d) the costs linked with investments, notably concerning infra
undertaking by the granting authority;
structure, may be taken into account when necessary for the
operation of the service of general economic interest.
(d) a description of the compensation mechanism and the
parameters for calculating, controlling and reviewing the
compensation;
4.
The revenue to be taken into consideration shall include at
least the entire revenue earned from the service of general
economic interest, regardless of whether the revenue is classified
as State aid within the meaning of Article 107 of the Treaty. If
(e) the arrangements for avoiding and recovering any overcom
the undertaking in question holds special or exclusive rights
pensation; and
linked to activities, other than the service of general economic
interest for which the aid is granted, that generate profits in
excess of the reasonable profit, or benefits from other
advantages granted by the State, these shall be included in its
(f) a reference to this Decision.
revenue, irrespective of their classification for the purposes of
Article 107 of the Treaty. The Member State concerned may
decide that the profits accruing from other activities outside the
scope of the service of general economic interest in question are
to be assigned in whole or in part to the financing of the service
Article 5
of general economic interest.
Compensation
1. The
amount
of
compensation
shall
not
exceed
what
is
necessary to cover the net cost incurred in discharging the
public service obligations, including a reasonable profit.
5. For
the
purposes
of
this
Decision,
‘reasonable
profit’
means the rate of return on capital that would be required by
a typical undertaking considering whether or not to provide the
service of general economic interest for the whole period of
2. The
net
cost
may
be
calculated
as
the
difference
between entrustment, taking into account the level of risk. The ‘rate of
costs as defined in paragraph 3 and revenues as defined in
return on capital’ means the internal rate of return that the
paragraph 4. Alternatively, it may be calculated as the difference
undertaking makes on its invested capital over the duration of
between the net cost for the undertaking of operating with the
the period of entrustment. The level of risk depends on the
public service obligation and the net cost or profit of the same
sector concerned, the type of service and the characteristics of
undertaking operating without the public service obligation.
the compensation.
3. The
costs
to
be
taken
into
consideration
shall
comprise
all
the costs incurred in operating the service of general economic
interest. They shall be calculated on the basis of generally
6. In
determining
what
constitutes
a
reasonable
profit,
accepted cost accounting principles, as follows:
Member States may introduce incentive criteria relating, in
particular, to the quality of service provided and gains in
productive efficiency. Efficiency gains shall not reduce the
quality of the service provided. Any rewards linked to
productive efficiency gains shall be set at a level such as to
(a) where the activities of the undertaking in question are
allow balanced sharing of those gains between the undertaking
confined to the service of general economic interest, all its
and the Member State and/or the users.
costs may be taken into consideration;
(b) where the undertaking also carries out activities falling
7. For
the
purposes
of
this
Decision,
a
rate
of
return
on
outside the scope of the service of general economic
capital that does not exceed the relevant swap rate plus a
interest, only the costs related to the service of general
premium of 100 basis points shall be regarded as reasonable
economic interest shall be taken into consideration;
in any event. The relevant swap rate shall be the swap rate the
maturity and currency of which correspond to the duration and
currency of the entrustment act. Where the provision of the
service of general economic interest is not connected with a
(c) the costs allocated to the service of general economic
substantial commercial or contractual risk, in particular when
interest may cover all the direct costs incurred in
the net cost incurred in providing the service of general
operating the service of general economic interest and an
economic interest is essentially compensated ex post in full,
appropriate contribution to costs common to both the
the reasonable profit may not exceed the relevant swap rate
service of general economic interest and other activities;
plus a premium of 100 basis points.

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8. Where,
by
reasons
of
specific
circumstances,
it
is
not compensation, such overcompensation may be carried forward
appropriate to use the rate of return on capital, Member
to the next period and deducted from the amount of compen
States may rely on profit level indicators other than the rate
sation payable in respect of that period.
of return on capital to determine what the reasonable profit
should be, such as the average return on equity, return on
capital employed, return on assets or return on sales. The
‘return’ means the earnings before interests and taxes in that
Article 7
year. The average return is computed using the discount factor
over the life of the contract as specified by the Communication
Transparency
from the Commission on the revision of the method for setting
For compensation above EUR 15 million granted to an under
the reference and discount rates ( 1 ). Whatever indicator is
taking which also has activities outside the scope of the service
chosen, the Member State shall be able to provide the
of general economic interest, the Member State concerned shall
Commission upon request with evidence that the profit does
publish the following information on the Internet or by other
not exceed what would be required by a typical undertaking
appropriate means:
considering whether or not to provide the service, for instance
by providing references to returns achieved on similar types of
contracts awarded under competitive conditions.
(a) the entrustment act or a summary which includes the
elements listed in Article 4;
9. Where
an
undertaking
carries
out
activities
falling
both
inside and outside the scope of the service of general
economic interest, the internal accounts shall show separately
(b) the amounts of aid granted to the undertaking on a yearly
the costs and receipts associated with the service of general
basis.
economic interest and those of other services, as well as the
parameters for allocating costs and revenues. The costs linked to
any activities outside the scope of the service of general
economic interest shall cover all the direct costs, an appropriate
Article 8
contribution to the common costs and an adequate return on
capital. No compensation shall be granted in respect of those
Availability of information
costs.
The Member States shall keep available, during the period of
entrustment and for at least 10 years from the end of the period
of entrustment, all the information necessary to determine
whether the compensation granted is compatible with this
10. Member
States
shall
require
the
undertaking
concerned Decision.
to repay any overcompensation received.
On written request by the Commission, Member States shall
provide the Commission with all the information that the
Article 6
latter considers necessary to determine whether the compen
Control of overcompensation
sation measures in force are compatible with this Decision.
1. Member
States
shall
ensure
that
the
compensation
granted
for the operation of the service of general economic interest
meets the requirements set out in this Decision and in particular
Article 9
that the undertaking does not receive compensation in excess of
the amount determined in accordance with Article 5. They shall
Reports
provide evidence upon request from the Commission. They
shall carry out regular checks, or ensure that such checks are
Each Member State shall submit a report on the implementation
carried out, at least every 3 years during the period of
of this Decision to the Commission every 2 years. The reports
entrustment and at the end of that period.
shall provide a detailed overview of the application of this
Decision for the different categories of services referred to in
Article 2(1), including:
2. Where
an
undertaking
has
received
compensation
in
excess of the amount determined in accordance with
(a) a description of the application of this Decision to the
Article 5, the Member State shall require the undertaking
services falling within its scope, including in-house activities;
concerned to repay any overcompensation received. The
parameters for the calculation of the compensation shall be
updated for the future. Where the amount of overcompensation
does not exceed 10 % of the amount of the average annual
(b) the total amount of aid granted in accordance with this
Decision, with a breakdown by the economic sector of
( 1 ) OJ C 14, 19.1.2008, p. 6.
the beneficiaries;

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L 7/10
EN
Official Journal of the European Union
11.1.2012
(c) an indication of whether, for a particular type of service, the
nor exempted from the notification requirement in
application of this Decision has given rise to difficulties or
accordance with Decision 2005/842/EC but fulfils the
complaints by third parties;
conditions laid down in this Decision shall be compatible
with the internal market and exempt from the requirement
of prior notification.
and
Article 11
(d) any other information concerning the application of this
Decision required by the Commission and to be specified
Repeal
in due time before the report is to be submitted.
Decision 2005/842/EC is hereby repealed.
The first report shall be submitted by 30 June 2014.
Article 12
Article 10
Entry into force
Transitional provisions
This Decision shall enter into force on 31 January 2012.
This Decision shall apply to individual aid and aid schemes as
follows:
Article 13
Addressees
(a) any aid scheme put into effect before the entry into force of
This Decision is addressed to the Member States.
this Decision that was compatible with the internal market
and exempted from the notification requirement in
accordance with Decision 2005/842/EC shall continue to
Done at Brussels, 20 December 2011.
be compatible with the internal market and exempt from
the notification requirement for a further period of 2 years;
For the Commission
(b) any aid put into effect before the entry into force of this
Joaquín ALMUNIA
Decision that was not compatible with the internal market
Vice-President

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