2005/407/EC: Commission decision of 22 September 2004 on the State aid which the ... (32005D0407)
2005/407/EC: Commission decision of 22 September 2004 on the State aid which the United Kingdom is planning to implement for British Energy plc (notified under document number C(2004)3474) (Text with EEA relevance)
- COMMISSION DECISION
- of 22 September 2004
- on the State aid which the United Kingdom is planning to implement for British Energy plc
- (notified under document number C(2004)3474)
- (Only the English text is authentic)
- (Text with EEA relevance)
- (2005/407/EC)
- I. PROCEDURE
- II. DETAILED DESCRIPTION OF THE AID
- 1. Beneficiary of the aid
- (a) The British Energy plc group
- (b) The recent developments
- 2. The restructuring plan
- (a) Origin of BE’s difficulties
- (b) The restructuring measures
- — Assumption of responsibility for BE’s liabilities under historic spent fuel contracts
- — Undertaking to cover any shortfall in NLF funding for stage 1 decommissioning liabilities and uncontracted liabilities
- — Undertaking to cover shortfall in NLF funding for stage 2 and 3 decommissioning liabilities
- — Specific tax disregard
- (c) Financial implications of the restructuring package
- 3. Grounds for initiating the proceedings
- III. COMMENTS FROM INTERESTED PARTIES
- IV. COMMENTS FROM THE UNITED KINGDOM ON THE INITIATION OF PROCEEDINGS
- V. COMMENTS FROM THE UNITED KINGDOM ON COMMENTS FROM INTERESTED PARTIES
- VI. ASSESSMENT
- 1. Euratom Treaty
- 2. Aid in the sense of Article 87(1) of the EC Treaty
- (a) On the existence of aid in Measure G
- (b) On the existence of aid in Measures B and C
- 3. Compatibility assessment under the EC Treaty
- (a) On the restoration of BE’s viability
- (b) On the question whether the aid is restricted to the minimum necessary
- (c) On the avoidance of undue distortion of competition
- (i) The relevant market
- (ii) Capacity situation on the market
- (iii) Impact of the aid on competition on the relevant market
- (iv) Compensatory measures to be implemented
- (v) Compensatory measures that were considered by the Commission but rejected
- (d) Full implementation of the restructuring plan
- (e) Monitoring and annual report
- VII. CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
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