Onderzoek naar Sloveense staatssteun aan elektriciteitssector (en)
The European Commission has authorised under the terms of EU rules on state aids compensation for so-called "stranded costs" for three Slovenian electricity generators: TE Sostanj, NE Krsko and TE Trbovlje. "Stranded costs" are defined as costs arising from commitments entered into before electricity markets were liberalised. The Commission has also decided to open a formal investigation into the so-called system of preferential dispatching of electricity aimed at boosting renewable energy to assess its compatibility with state aid rules.
"Stranded costs" refer to commitments, such as long-term purchase contracts or guarantees of operation, entered into by the historical incumbent energy suppliers before energy markets were liberalised by EU Directives. The programme for recovery of stranded costs in electricity generation plants in Slovenia aims at mitigating the difficulties faced by a number of power plants during the process of liberalisation of the electricity sector. The measure is envisaged for four years - until 31.12.2006 with estimated budget of €548.2 million.
The Commission concluded that the scheme was in line with the Communication relating to the Methodology for analysing state aid linked to stranded costs in the electricity sector[1] and therefore could be authorised.
In particular, the Commission found that the state guarantee for the Krsko nuclear plant was awarded before accession; according to the Accession Treaty, this can no longer be subject to assessment under the Community state aid rules. Furthermore, the Commission has concluded that the aid for closing the gas fired part of Trbovlje plant is compatible with the provisions of the stranded costs Methodology? and that the aid for Sostanj plant can be authorised as a compensation for a service of general economic interest as regards security of electricity supply.
In recent years, the Commission has approved a number of similar cases concerning aid to cover stranded costs in the energy sector in Austria, Belgium, Greece, the Netherlands, Portugal, Spain, Italy and a part of the United Kingdom. Further cases are currently being analysed by the Commission.
Preferential dispatching
A number of electricity generators in Slovenia take advantage from the so-called preferential dispatching of electricity. The scheme provides support to producers of renewable energy, producers that use efficient combined heat and power technology and a coal fired part of the Trbovlje power plant. These producers are known as "qualified producers". Network operators have the obligation to purchase the electricity produced by them at a price fixed by the state, which is above market price.
The Commission analysed the measure both in the light of the Community guidelines on state aid for environmental protection[2] and the stranded costs Methodology. The measure was also analysed as a compensation for charges linked to services of general economic interest. The analysis resulted in doubts as to the compatibility of the aid with these rules. Therefore the Commission decided to initiate a formal state aid inquiry (foreseen in Article 88 (2) of the EC Treaty).
The opening of a formal investigation does not prejudge its final outcome. The decision to initiate the procedure will be published in the Official Journal. Competitors and other interested parties are invited to submit their observations.
[1] Adopted by the Commission on 26.07.2001. Available on the Commission's Competition Directorate General's web site at the following address: http://europa.eu.int/comm/competition/state_aid/legislation/stranded_costs/en.pdf
Communicated to Member States by letter ref. SG(2001) D/290869 of 6.8.2001.
[2] OJ C 37, 3.2.2001, p. 3.