Commission Decision (EU) 2018/860 of 7 February 2018 on the Aid Scheme SA.45852 —... (32018D0860)
Commission Decision (EU) 2018/860 of 7 February 2018 on the Aid Scheme SA.45852 — 2017/C (ex 2017/N) which Germany is planning to implement for Capacity Reserve (notified under document C(2018) 612) (Text with EEA relevance.)
- COMMISSION DECISION (EU) 2018/860
- of 7 February 2018
- on the Aid Scheme SA.45852 — 2017/C (ex 2017/N) which Germany is planning to implement for Capacity Reserve
- (notified under document C(2018) 612)
- (Only the German text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- DETAILED DESCRIPTION OF THE AID SCHEME
- 2.1.
- Context and legal basis
- 2.2.
- Description of the Capacity Reserve
- 2.3.
- Budget
- 2.4.
- Financing mechanism
- 2.5.
- Duration
- 2.6.
- Beneficiaries
- 3.
- GROUNDS FOR INITIATING THE PROCEDURE
- 3.1.
- Grounds for initiating the procedure: existence of aid
- 3.2.
- Grounds for initiating the procedure: compatibility of the aid
- 3.2.1.
- Need for State intervention
- 3.2.2.
- Appropriateness of the scheme
- 3.2.3.
- Proportionality of the aid
- 3.2.4.
- Avoidance of undue negative effects on competition and trade
- 4.
- COMMENTS FROM INTERESTED PARTIES
- 4.1.
- State aid within the meaning of Article 107(1) of the Treaty
- 4.2.
- Compatibility of the aid with the internal market
- 4.2.1.
- Comments on the objective of the scheme
- 4.2.2.
- Comments on the necessity of the scheme
- 4.2.2.1.
- Comments on economic justification of the need and size of the Reserve
- 4.2.2.2.
- Comments on the reasonable worst case scenario
- 4.2.2.3.
- Comments on the duration of the scheme
- 4.2.3.
- Comments on the appropriateness of the scheme
- 4.2.3.1.
- Comments on alternative measures
- 4.2.3.2.
- Comments on remuneration of availability only
- 4.2.3.3.
- Comments on the openness and the eligibility rules
- (a)
- Openness to all demand response operators
- (b)
- Cross-border participation
- 4.2.4.
- Comments on the avoidance of undue negative effects on competition and trade
- 5.
- COMMENTS FROM GERMANY
- 5.1.
- Observations on the Opening Decision
- 5.1.1.
- Observations on necessity
- 5.1.2.
- Observations on appropriateness
- 5.1.3.
- Observations on the impacts on competition and trade
- 5.2.
- Germany's reaction to the comments of the interested parties
- 5.2.1.
- General observations
- 5.2.2.
- Observations on the necessity of the scheme
- 5.2.3.
- Observations on eligibility (demand response and foreign capacity)
- 6.
- COMMITMENTS MADE BY GERMANY
- 7.
- ASSESSMENT OF THE MEASURE
- 7.1.
- Existence of aid
- 7.2.
- Lawfulness of the aid
- 7.3.
- Compatibility of the aid with the internal market
- 7.3.1.
- Contribution to a well-defined objective of common interest
- 7.3.2.
- Need for State intervention
- 7.3.3.
- Appropriateness
- 7.3.3.1.
- Separate remuneration of variable costs
- 7.3.3.2.
- Eligibility criteria
- 7.3.4.
- Incentive effect
- 7.3.5.
- Proportionality
- 7.3.6.
- Avoidance of undue negative effects on competition and trade
- 7.3.7.
- Transparency
- 8.
- CONCLUSION
- Article 1
- Article 2
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