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2.2.2012 Official
Journal
of
the
European
Union L
30/21
COMMISSION DECISION
of 31 October 2011
State aid SA. 30931 (C/11) — Romania
Aid scheme for the development of air transport infrastructure
(notified under document C(2011) 7863)
(Only the Romanian text is authentic)
(Text with EEA relevance)
(2012/63/EU)
THE EUROPEAN COMMISSION,
(6) By
letters
of
27
June
2011,
5
July
2011,
and
19
August
2011, Romania submitted its comments on the opening
Having regard to the Treaty on the Functioning of the European
decision.
Union, and in particular the first subparagraph of Article 108(2)
thereof,
(7) The
Commission
received
comments
from
three
interested parties, namely Carpatair (an airline operating
Having regard to the Agreement on the European Economic
at Timioara airport), Cluj-Napoca airport and the
Area, and in particular Article 62(1)(a) thereof,
Romanian Association of Airports. The comments of
the interested parties concerned both the notified
Whereas:
scheme and the additional public funding granted to
the airports as of Romania's accession to the EU in
1.
order to cover operating losses.
PROCEDURE
(1) By
electronic
notification
dated
17
May
2010,
the
Romanian authorities notified to the Commission, in
(8) By
letters
dated
16
September
2011,
the
Commission
accordance with Article 108(3) of the Treaty on the
forwarded the comments of the interested parties to
Functioning of the European Union (hereinafter ‘TFEU’),
Romania.
an aid scheme providing for public support in favour of
regional airports. The notification has been registered
2. DESCRIPTION OF THE NOTIFIED MEASURE
under case number N 185/10.
(9) The
notified
measure
concerns
the
public
financing
of
infrastructure investments at small regional airports.
(2) The
Commission
requested
additional
information
on
the
proposed measure on 23 June 2010, 7 October 2010,
3 December 2010 and 17 March 2011. The Romanian
(10) The
notified
measure
aims
to
support
the
observance
of
authorities provided the information requested on
aviation safety standards at Romanian regional airports,
22 July 2010, 27 October 2010, 20 January 2011 and
the development of safe and viable air transport infra
5 April 2011.
structure, and improved accessibility and regional devel
opment.
(3) On
15
September
2010
the
Romanian
authorities
informed the Commission of certain changes to the
(11) During the preliminary assessment phase, the Romanian
notified scheme, in particular as regards the number of
authorities have clarified that regional airports in
beneficiaries.
Romania are generally loss-making and that their
operating losses are covered every year by the State.
(4) By
letter
of
24
May
2011
the
Commission
informed
the
The Romanian authorities have provided the Commission
Romanian authorities that it had decided to initiate the
with a comprehensive list of the public financing made
formal investigation procedure provided for by
available to airports in category D as of Romania's
Article 108(2) TFEU in respect of the notified aid and
accession to the EU.
other measures in favour of airports (hereinafter ‘the
opening decision’) ( 1 ). The Commission subsequently
adopted a corrigendum to that decision on 23 June
(12) The Romanian authorities have indicated that the
2011.
subsidies granted annually to the airports reached, for
the most part, the level of aid exempted from the notifi
cation requirement on the basis of Commission Decision
(5) The
opening
decision
was
published
in
the Official Journal
2005/842/EC of 28 November 2005 on the application
of the European Union ( 2 ). The Commission called on
of Article 86(2) of the EC Treaty (now Article 106(2)
interested parties to submit their comments.
TFEU) to State aid in the form of public service compen
sation granted to certain undertakings entrusted with the
( 1 ) The formal investigation procedure concerns both the notified
operation of services of general economic interest ( 3 )
scheme for public funding to support the development of airport
(hereinafter ‘the SGEI Decision’).
infrastructure at small regional airports, as well as the public
financing to cover operating losses granted to certain airports.
( 2 ) OJ C 207, 13.7.2011, p. 3.
( 3 ) OJ L 312, 29.11.2005, p. 67.

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L 30/22
EN
Official Journal of the European Union
2.2.2012
(13) The only exception would be the public financing
(17) According
to
Article
8
of
Council
Regulation
(EC)
No
granted to Timioara airport, which, according to the
659/1999 of 22 March 1999 laying down detailed
Romanian authorities, does not constitute aid in so far
rules for the application of Article 93 (now Article 88)
as the measure complies with the market economy
of the EC Treaty ( 2 ), the Member State concerned may
investor test. The public financing granted to Timioara
withdraw the notification in due time before the
airport is the object of a separate assessment by the
Commission has taken a decision on the aid.
Commission.
According to Article 8(2) of the abovementioned regu
lation, in cases where the Commission has opened the
formal investigation procedure, the Commission shall
3. WITHDRAWAL OF THE NOTIFICATION
close the procedure.
(14) By
letter
dated
25
July
2011,
the
Romanian
authorities
withdrew their notification under SA. 30931 concerning
(18) Due
to
the
fact
that
Romania
has
withdrawn
its
notifi
the financing scheme for infrastructure investments in
cation and will finance regional airports in full
Romanian small regional airports. The Romanian auth
compliance with the provisions of the Aviation
orities have announced their intention to finance such
Guidelines and the SGEI Decision, the Commission has
airports in compliance with the provisions of the
decided to close the formal investigation procedure under
Community Guidelines on financing of airports and
Article 108(2) TFEU in respect of the notified measure.
start-up aid to airlines departing from regional airports ( 1 )
(hereinafter ‘the Aviation Guidelines’) and the SGEI
Decision.
(19) This decision is without prejudice to the other measures
which form the object of the opening decision.
Therefore, the formal investigation concerning those
(15) The
Aviation
Guidelines
recognise
that
certain
activities
measures is still underway,
carried out by airports, and in exceptional cases even the
overall management of an airport, can constitute services
of general economic interest (hereinafter ‘SGEI’). In such a
HAS ADOPTED THIS DECISION:
case, the public authority imposes on the airport
operator certain public service obligations and the latter
may be compensated for the additional costs deriving
Article 1
from the discharge of those obligations.
The Commission has decided to partially close the formal inves
tigation procedure under Article 108(2) TFEU in respect of the
notified scheme providing for public financing to support infra
(16) The SGEI Decision applies to public service compen
structure improvements at small regional airports, as Romania
sations granted to undertakings with an average annual
has withdrawn its notification concerning the project in
turnover before tax, all activities included, of less than
question.
EUR 100 million in the two financial years preceding
that in which the service of general economic interest
was assigned, which receive annual compensation, for
Article 2
the service in question, of less than EUR 30 million, as
well as to public service compensations for airports with
This Decision is addressed to Romania.
average annual flows not exceeding one million
passengers in the two financial years preceding that in
which the service of general economic interest was
Done at Brussels, 31 October 2011.
assigned. Where the conditions set out in the SGEI
Decision are met, public service compensations are
For the Commission
compatible with the internal market and exempted
from the requirement of notification provided for by
Joaquín ALMUNIA
Article 108(3) TFEU.
Vice-President
( 1 ) OJ C 312, 9.12.2005 p. 1.
( 2 ) OJ L 83, 27.3.1999, p. 1.

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