5.12.2013

EN

Official Journal of the European Union

L 324/21

(1)

On 1 September 2010, subsequent to pre-notification discussions, the Icelandic authorities notified the Authority of state aid concerning the construction of a data centre in the municipality of Reykjanesb忙r (‘渢he Municipality‘�or ‘淩eykjanesb忙r‘�, pursuant to Article 1(3) of Part I of Protocol 3, by a letter received and registered by the Authority on the same day (Event No 568140). The notification concerned derogations from taxes and charges provided for the construction of a data centre (‘渢he Data Centre‘� by the company Verne Holdings ehf. (‘淰erne‘�, under Act No 57/2010 and an agreement initialled 23 October 2009 (‘渢he Investment Agreement‘�.

(2)

After various exchanges of correspondence (2), by letter dated 3 November 2010 (Event No 573997) the Authority informed the Icelandic authorities that it had decided to initiate the formal investigation procedure laid down in Article 1(2) of Part I of Protocol 3 in respect of aid concerning the Verne Data Centre.

(3)

The Authority‘檚 Decision No 418/10/COL to initiate the procedure was published in the Official Journal of the European Union and the EEA Supplement to it (‘渢he opening decision‘� (3). The Authority called on interested parties to submit their comments on the Decision. No comments were received from interested parties.

(4)

By letters dated 23 November 2010, 4 January, 18 January and 2 February 2011 (Events Nos. 578499, 582634, 583705 and 585546), the Authority agreed to requests from the Icelandic authorities to extend the deadline for submitting comments on the Decision.

(5)

The Icelandic authorities submitted their comments by letter dated 28 February 2011 (Event No 589033). The Authority received additional information from the Icelandic authorities on 12 April 2011 (Event No 594276).

(6)

The case was discussed during a meeting held 27 May 2011 in Brusselsbetween the Authority and the Icelandic authorities, followed up by the Authority by way of email on 1 June 2011 (Event No 599862). Subsequently, the Icelandic authorities submitted information by way of two letters; on 21 June (Event No 601641) and 27 June 2011 (Event No 602133).

(7)

Furthermore, the National Power Company (Landsvirkjun) submitted separate additional information by way of letter dated 20 June 2011 received by the Authority on 23 June 2011 (Event No 601937) and by way of letter received by the Authority 16 January 2012 (Event No 621366).

(8)

By letter dated 28 September 2011 (Event No 609826) the Icelandic authorities withdrew their notification of the aid measures for the construction of the Data Centre. Subsequently, the Authority submitted a letter dated 4 October 2011 (Event No 609991) acknowledging the withdrawal of the notification and informing the Icelandic authorities that it would, according to Article 8(2) of Part II of Protocol 3, close the formal investigation for the measures concerned, however clarifying that it would continue its investigation into the measures provided for under certain agreements entered into with Verne in connection with the envisaged data centre and still in force.

(9)

The Icelandic authorities provided information by way of letter dated 25 October 2011 (Event No 613209) in response to the Authority‘檚 letter of 4 October 2011 mentioned above. The Icelandic authorities then submitted further information by way of email on 30 April 2012 (Event No 633398).

(10)

Lastly, the Icelandic authorities provided further clarifications regarding the case by emails on 14 and 24 May 2012 respectively (Events Nos 634340 and 635757), following a brief discussion on the case during a meeting between the Icelandic authorities and the Authority in Brussels on 2 May 2012, and submitted further documents by email on 1 June 2012 (Event No 636529).

(11)

Verne Holdings ehf. is a privately held company registered in Icelandin June 2007. Verne Holdings ehf. has three wholly owned subsidiaries, Verne Global, Inc. registered in the United States of America, Verne Global Ltd., registered in the United Kingdom and Verne Real Estate ehf., registered in Icelandin March 2008. (4)

(12)

According to the information provided by the Icelandic authorities, Verne Holdings ehf. is owned by a number of minority shareholders, the two largest being Novator, which is a global investor, and Teha Investments S.a.r.l. Further, according to the information provided by the Icelandic authorities, the management holds a substantial share of Verne Holdings ehf.

(13)

According to the later withdrawn notification, the Icelandic authorities planned to provide, under the Authority‘檚 Guidelines on Aid to Regional Development (‘渢he Regional Aid Guidelines‘�, aid to Verne for the construction of the Data Centre in a region eligible for regional aid pursuant to Article 61(3)(c) of the EEA Agreement in order to promote regional development in the form of a range of government and municipal tax derogations under the Investment Agreement.

(14)

Discussions between the Icelandic authorities and Verne starting late in 2008 (5) (after the onset of the financial crisis in Icelandin October 2008) delivered an agreement providing Verne with various tax derogations; the Investment Agreement. According to the Icelandic authorities the final draft version of a Memorandum of Understanding for the Investment Agreement was reached in April 2009, however the Memorandum was not signed. The Investment Agreement was later concluded on 23 October 2009 when initialled by the managing director of Verne and an official of the Ministry of Industry (6). The entry into force of the Investment Agreement was conditional upon the authorization by the Parliament, the approval of the boards of Directors of Verne and the approval of the Authority. On 12 December 2009, a Bill authorising the Icelandic authorities to enter into the Investment Agreement with Verne was submitted before the Icelandic Parliament. On 7 June 2010 the Icelandic Parliament adopted Act No 57/2010 (‘渢he Verne Act‘� authorising the Ministry of Industry to enter into an Investment Agreement on behalf of the Icelandic authorities with Verne for the purposes, amongst other, of awarding various tax and fee concessions in relation to the construction of the Data Centre. (7)

(15)

On 28 September 2011 the Icelandic authorities informed the Authority that the Investment Agreement had been repealed.

(16)

However, as explained in a letter from the Icelandic authorities dated 25 October 2011 (8)‘淸t]he only benefit which has already taken effect is the waiving of municipal taxes by the municipalityof Reykjanesb忙r, under the terms of the Agreement on Licensing and Charges.‘�a href="#ntr9-L_2013324EN.01002101-E0009" id="ntc9-L_2013324EN.01002101-E0009" shape="rect"> (9)