Commission Decision (EU) 2018/860 of 7 February 2018 on the Aid Scheme SA.45852 —... (32018D0860) 
                
                
            INHALT
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