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EUROPEAN COMMISSION Competition DG The Director-General Brussels, 11 March 2022 COM P/A3/ PERM ANENT REPRESENTATION, AUSTRIA PERM ANENT REPRESENTATION, BELGIUM PERM ANENT REPRESENTATION, BULGARIA PERM ANENT REPRESENTATION, CROATIA PERM ANENT REPRESENTATION, CYPRUS PERM ANENT REPRESENTATION, CZECH REPUBLIC PERM ANENT REPRESENTATION, DENMARK PERM ANENT REPRESENTATION, ESTONIAN REPUBLIC PERM ANENT REPRESENTATION, FINLAND PERM ANENT REPRESENTATION, FRANCE PERM ANENT REPRESENTATION, GERMANY PERM ANENT REPRESENTATION, GREECE PERM ANENT REPRESENTATION, REPUBLIC OF HUNGARY PERM ANENT REPRESENTATION, IRELAND PERM ANENT REPRESENTATION, ITALY PERM ANENT REPRESENTATION, LATVIAN REPUBLIC PERM ANENT REPRESENTATION, REPUBLIC OF LITHUANIA PERM ANENT REPRESENTATION, LUXEMBOURG PERM ANENT REPRESENTATION, M ALTA PERM ANENT REPRESENTATION, THE NETHERLANDS PERM ANENT REPRESENTATION, POLAND PERM ANENT REPRESENTATION, PORTUGAL PERM ANENT REPRESENTATION, ROMANIA PERM ANENT REPRESENTATION, SPAIN PERM ANENT REPRESENTATION, SLOVAK REPUBLIC PERM ANENT REPRESENTATION, SLOVENIAN REPUBLIC PERM ANENT REPRESENTATION, SWEDEN Subject: HT.5938 - Fourth survey and data collection on the use of State aid in the COVID-19 crisis On 1 February 2022, the Commission services launched a fourth survey to collect data regarding the aid actually granted under all approved COVID-19 related State aid measures as of 30 September 2021 and as of 31 December 2021. They also announced their intention to seek the opinion of your national authorities on the current set of COVID-19 related rules included in the Temporary Framework. Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 [email protected] 1  As outlined by the Commission in its Communication of 24 November 2021 on the sixth amendment of the COVID-19 Temporary Framework (the “6th amendment”)1, the limited prolongation until 30 June 2022 of sections 3.1-3.12 of the COVID-19 Temporary Framework was aimed, on the one hand, at ensuring that undertakings still affected by the crisis will not be cut off suddenly from necessary support and avoiding cliff-edge effects, and on the other hand at enabling a coordinated phase-out of the level of support granted under those sections. In addition, the Commission introduced two new sections (3.13 and 3.14) in the COVID- 19 Temporary Framework in order to facilitate the shift from direct COVID-19 crisis response in the form of liquidity support to a more long-term recovery focusing on investment and solvency measures. Those sections are applicable until 31 December 2022 (for investment support under section 3.13), and 31 December 2023 (for solvency support under section 3.14), respectively. In addition to the newly added sections 3.13 and 3.14 of the COVID-19 Temporary Framework, which would remain in force, the Commission services would also like to remind your national authorities that the current COVID-19 Temporary Framework already caters for different options to support the economy even beyond 30 June 2022, provided the aid is granted before that date. The following examples show the already existing elements that may be used to support the transition for cases that may further require support: - liquidity support in form of state guarantees and subsidised loans granted before 30 June 2022 may run for six years and even up to eight years provided the premiums/interests and the coverage are modulated accordingly; - under section 3.1 and 3.12, state guarantees or subsidies loans granted before 30 June 2022 can even run for longer periods provided the relevant ceilings are respected; - loans and guarantees may be converted into grants for one additional year until 30 June 2023 provided the aid ceilings under section 3.1 or 3.12 respectively are complied with (see point 23ter of the COVID-19 Temporary Framework); - repayable instruments under sections 3.1, 3.3 or 3.12 that require restructuring may be restructured under the conditions provided in point 27ter of the COVID-19 Temporary Framework also until the 30 June 2023; and - guaranteed loans may be restructured after 30 June 2022 provided the initial guarantee contract allowed for it, the total duration does not exceed eight years and it is adequately re-priced. In the 6th amendment, the Commission further announced that a prolongation beyond 30 June 2022 of sections 3.1 to 3.12 of the COVID-19 Temporary Framework seemed unlikely to be necessary in view of the expected economic recovery and considering that the newly introduced sections are better suited to address current business needs and policy objectives, including to limit undue distortions in the internal market. Nevertheless, the Commission committed to closely monitor the situation and further 1 Communication from the Commission Sixth Amendment to the Temporary Framework for State aid meas u res to support the economy in the current COVID-19 outbreak and amendment to the Annex to the Communicat io n from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance, OJ C 473/01 of 24 November 2021. 2  assess the need to further extend and/or adapt the Temporary Framework. Based on the data collected in 2021, the Commission services observe that the amount of aid disbursed under sections 3.6 to 3.12 (included) 2 of the COVID-19 Temporary Framework is relatively much lower than the aid disbursed under sections 3.1 to 3.3 (included)3 of the Temporary Framework, the latter three sections representing more than 80% of the total expenditure reported in the data collection exercise of the previous survey4. In view of the above and considering the generally positive economic recovery from the COVID-19 pandemic 5 and the progressive phasing out of the containment measures taken by Member States across the EU, the Commission services are of the preliminary view that the proposed phase-out as explained in the context of the 6th amendment is still appropriate and that no new circumstances regarding the COVID-19 pandemic have arisen that would justify a further extension of the COVID-19 Temporary Framework6. However, before taking a definitive view, the Commission services would like to seek the views of your national authorities on whether you agree that the current rules included in sections 3.1 to 3.12 of the COVID-19 Temporary Framework are no longer needed or whether, despite the general overall economic recovery from the COVID-19 pandemic, you consider that a serious disturbance of the economy as a result of the COVID-19 outbreak within the meaning of Article 107(3)(b) TFEU still persists.7 We would be grateful to receive the replies of your national authorities by 25 March 2022 via the EUSurvey link enclosed to this letter (for the technical instructions please see the Annex). We would like to use the opportunity to remind you that for short-term export credit insurances, under section 3.5 of the COVID-19 Temporary Framework, the temporary non-marketability of countries listed in the Annex of the Commission Communication on short-term export credit insurance has been prolonged until 31 March 2022. On 6 December 2021, the Commission has adopted a revised Communication on Short-term export credit insurance 8, applicable since 1 January 2022. As announced in the context of 2 Sections 3.6 to 3.12 (included) have been designed to tackle the immediate needs at the beginning of the outbreak of the pandemic (i.e. to support a speedy delivery of COVID-19 related products), to allow co mp an ies to deal with financial difficulties due to the COVID-19 outbreak and to cover part of their fixed costs when t h eir activity was suspended or reduced because of the COVID-19 outbreak. 3 Sections 3.1 to 3.3 (included) aimed to allow companies to deal with a sudden shortage or even unavailability of liquidity caused by the COVID-19 outbreak. 4 https://ec.europa.eu/competition-policy/system/files/2022- 02/state_aid_brief_1_2022_kdam22002enn_coronavirus_0.pdf 5 The Commission considers that following a strong recovery by 5.3% in 2021, the EU economy is now forecast to grow by 4.0% in 2022 (Winter 2022 Economic Forecast, published on 10 February 2022, https://ec.europa.eu/info/sites/default/files/economy-finance/ip169_en.pdf). 6 Please note that the COVID-19 Temporary Framework is intended to address economic challen ges relat ed t o the pandemic. As regards the Russian invasion in Ukraine and the economic consequences arising therefrom, th e Commission has launched on 10 March 2022 a consultation of Member States on the need and s cope o f a n ew State Aid Temporary Crisis Framework to tackle the economic challenges arising from the Russian in v asion in Ukraine. On 14 March 2022, a call is organised with the Member States to discuss the Co mmis s io n p ropo sal. Member States also received a dedicated questionnaire to allow the Commission to better understand their needs. 7 In this context, Member States should be reminded that the COVID-19 Temporary Framework is in t en d ed t o address only COVID-19 related economic challenges. 8 Communication from the Commission on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to short-term export credit insurance, OJ C 497, 10.12.2021, p. 5–13. 3  that revised Communication and following strong feedback from the private sector towards a return to normalcy of the market, the list of the countries in the Annex to the revised Communication will be applied from 1 April 2022.9 This transitional period was meant to allow Member States to prepare for a return to normal market practices. We would like to thank you for your feedback in advance and we look forward to continuing cooperating with you on this matter. Yours faithfully, [e-signed] Olivier GUERSENT Enclosure: Technical instructions for the EUSurvey 9 https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6559. 4  Annex – Technical instructions for the EUSurvey  Member States are kindly requested to complete the questionnaire available at: https://ec.europa.eu/eusurvey/runner/TF4_openquestions.  Please submit only one contribution per Member State  The password to access the survey will be send in a separate message.  Submissions via email will not be taken into consideration.  You will be able to upload the file(s) and then save your contribution.  The deadline to submit the answers to the questionnaire is Friday, 25 March 2022 close of business. 5  Fourth survey on the use of State aid in the COVID-19 crisis: open questions Fields marked with * are mandatory. Introduction As part of the fourth survey on the use of the COVID-19 Temporary State Aid Framework during the COVID-19 pandemic and as outlined in the letter of 25 February 2022, the Commission services would like to seek the views of Member States on the rules included in the COVID-19 Temporary State Aid Framework. Considering the generally positive economic recovery from the COVID-19 pandemic and the progressive phasing out of the containment measures taken by Member States across the EU, the Commission services are of the preliminary view that the phase-out of sections 3.1-3.12 of the Temporary Framework, as explained in the context of the 6th amendment of the Temporary Framework in November 2021, is still appropriate and that no new circumstances regarding the COVID-19 pandemic have arisen that would justify a further extension of the COVID-19 Temporary Framework. However, before taking a definitive view, the Commission services would like to seek the views of the Member States on whether they agree that the current rules included in sections 3.1 to 3.12 of the COVID-19 Temporary Framework are no longer needed or whether, despite the general overall economic recovery, Member States consider that a serious disturbance of the economy as a result of the COVID-19 outbreak within the meaning of Article 107(3)(b) TFEU still persists. The deadline to submit the answers to the questionnaire is Friday, 11 March 2022 close of business. Please submit one consolidated contribution per Member State. Considering that EUSurvey allows up to 5,000 characters per cell, we encourage you to summarise your contribution in the questionnaire and if necessary to upload a file with a longer contribution. The information collected is for the Commission's use. The results of the analysis may be used in official statements. Identification of the respondent * QuestionEU Member States and EFTA States Answer Austria Answer Belgium Answer Bulgaria Answer Croatia Answer Cyprus Answer Czechia Answer Denmark Answer Estonia Answer Finland Answer France Answer Germany Answer Greece Answer Hungary Answer Iceland Answer Ireland Answer Italy Answer Latvia Answer Liechtenstein Answer Lithuania Answer Luxembourg Answer Malta Answer Netherlands Answer Norway Answer Poland Answer Portugal Answer Romania Answer Slovak Republic Answer Slovenia Answer Spain Answer Sweden Answer Switzerland * QuestionFirst name * QuestionSurname * QuestionOrganisation name * QuestionEmail @ Questions regarding the sections 3.1 to 3.12 of the COVID-19 Temporary State Aid Framework * Question Q1) In general, do you agree that sections 3.1 to 3.12 of the Temporary Framework are no longer needed beyond 30 June 2022 to tackle the economic effects of the COVID-19 pandemic in line with Article 107(3)(b) and Article 107(3)(c) TFEU? Answer Yes Answer No * QuestionIn case you disagree, please explain why and provide the necessary data in support of such a view. * Question Q2) In particular, if you consider that all or some of the sections are still needed, (differentiating potentially between sections 3.1-3.3 on the one hand and sections 3.9-3.12 on the other hand), in spite of the general overall economic recovery, it would be important to see on what basis it could still be argued that a serious disturbance of the economy within the meaning of article 107(3)(b) TFEU persists. Please provide the necessary data and information to support such statements. Questions regarding sections 3.1 to 3.3 of the COVID-19 Temporary State Aid Framework * QuestionQ3) Section 3.1 (limited amount of aid), section 3.2 (guarantees) and section 3.3 (subsidised loans) were aimed at allowing companies to deal with a sudden shortage in liquidity caused by the COVID-19 outbreak. a) Considering the phasing out of the national restrictive measures, that the economic activity started to resume and that guarantees and loans granted under those sections before 30 June 2022 may also run afterwards or may even be restructured after that date under certain conditions (in line with point 27ter of the Temporary Framework), do you think that the current economic effects caused by COVID-19 pandemic justify an extension of those sections beyond 30 June 2022 on the basis of Article 107(3)(b) TFEU? Answer Yes, it is justified Answer No * Question b) Have you already made use of the option under point 25ter of the Temporary Framework to convert repayable advances, guarantees, loans or other repayable instruments granted under the COVID-19 Temporary Framework into other forms of aid such as grants, if these measures comply with either section 3.1 or 3.12 or of the possibilities offered under point 27ter of the Temporary Framework for restructuring repayable instruments? Answer Yes Answer No Question If not, please explain why. * Question b) If you consider an extension of these sections to be justified, please be specific for each section and provide the necessary data to support your statements. * Question c) Until when these sections should be extended * Question d) Do you consider that these sections need to be adapted to the current circumstances? Please provide arguments taking into account the potential distortive effect on competition in the internal market. Questions regarding sections 3.6 to 3.8 of the COVID-19 Temporary State Aid Framework * Question Q4) Section 3.6 (COVID-19 relevant research and development), section 3.7 (investment aid for testing and upscaling infrastructure) and section 3.8 (investment aid for the production of COVID-19 relevant products) allowed granting support under Article 107(3)(c) TFEU to incentivise companies at the outbreak of the pandemic to deliver in a speedy manner the research, development and production of COVID-19 related products and infrastructure. a) Do you agree that the main purpose of these sections has been achieved ? Answer Yes Answer No * Question b) If not, please explain if an extension beyond 30 June 2022 is needed and justified on the basis of Article 107(3)(c) TFEU. Please be specific for each section and provide the necessary data to support your statements. * Question c) Until when these sections should be extended * Question d) Do you consider that those sections need to be adapted to the current circumstances? Please provide arguments taking into account the potential distortive effect on competition in the internal market. Please note that further investment support towards a sustainable recovery may be granted under the new section 3.13 of the Temporary Framework. Questions regarding sections 3.9 and 3.10 of the COVID-19 Temporary State Aid Framework QuestionQ5) Section 3.9 (deferral of tax and/or social security contributions) and section 3.10 (wage subsidies to avoid lay-offs during the COVID-19 outbreak) aimed at preserving employment and reducing the liquidity constraints of companies that were particularly affected by the COVID-19 pandemic. a) Do you think that these sections are still needed beyond 30 June 2022 considering the progressive phase-out of national restrictive measures? Answer Yes Answer No Question Please be specific for each section and provide the necessary data to justify your statements. Question b) Until when these sections should be extended Question c) Do you consider that these sections need to be adapted to the current circumstances? Please provide arguments taking into account the potential distortive effect on competition in the internal market. Questions regarding section 3.11 of the COVID-19 Temporary State Aid Framework QuestionQ6) Section 3.11 (recapitalisation measures) aimed at ensuring that the disruption of the economy does not result in the unnecessary exit from the market of companies that were viable before the COVID-19 outbreak. a) Do you consider that the conditions allowing for such aid are still fulfilled nowadays so that aid under this section shall be allowed after 30 June 2022? Answer Yes Answer No Question Please be specific for each section and provide the necessary data to justify your statements. * Question b) Until when should these sections be extended: Question c) Do you consider that this section need to be adapted to the current circumstances? Please provide arguments taking into account the potential distortive effect on competition in the internal market. Questions regarding section 3.12 of the COVID-19 Temporary State Aid Framework * QuestionQ7) Aid under Section 3.12 (support for uncovered fixed costs) aimed to cover part of their fixed costs when their activity was suspended or reduced because of the COVID-19 outbreak and the corresponding sanitary restrictions imposed. a) Considering the phasing out of the national restrictive measures and that the economic activities started to resume, do you consider that aid after 30 June 2022 is still justified? Answer Yes Answer No Question Please provide the necessary data to justify your statements. * Question b) Until when should this section be extended: Question c) Do you consider that this section needs to be adapted to the current circumstances? Please provide arguments taking into account the potential distortive effect on competition in the internal market. QuestionPlease upload supporting material here, if any. European Pigmeat Reflection Group Questionnaire to Member States on national support provided to the pigmeat sector Please fill-in the following table with national measures that you have put in place since 2020 for the pigmeat sector, falling under de minimis or State aid (including the Temporary Framework for Covid ). 2020 De minimis Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Temporary Framework for Covid Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Other State aid measure for pigmeat Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal 202 1 De minimis Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Temporary Framework for Covid Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Other State aid measure for pigmeat Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal 2022 De minimis Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Temporary Framework for Covid Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Other State aid measure for pigmeat Measure (short description Total budget spent Total number of beneficiaries Support per beneficiary Support per animal Kultuuriministeerium Meie 15.03.2022 nr 12.1-1/2545-1 [email protected] Euroopa Komisjoni küsimustikud COVID-19 ajutise raamistiku kohta Austatud kolleegid Euroopa Komisjon võttis 19. märtsil 2020 vastu teatise „Riigiabi ajutine raamistik majanduse toetamiseks praeguse COVID-19 puhangu kontekstis“ (edaspidi raamistik), mida on kuus korda muudetud1. Seoses raamistiku kehtivuse kavandatud lõppemisega 30. juunil 2022 soovib Euroopa Komisjon liikmeriikide arvamust raamistiku tuleviku kohta ja palub vastata kahele küsimustikule. Esimene küsimustik on seotud kõigi valdkondadega, kus raamistiku alusel riigiabi anti. Teine, täiendav küsimustik, kehtib ainult seakasvatuse valdkonnas antud riigiabile (kaasa arvatud ajutise raamistiku alusel antud riigiabi) ja vähese tähtsusega abile. Vastused esimesele küsimustikule palume saata Rahandusministeeriumile k.a 23. märtsiks (esitame Euroopa Komisjonile koondatud vastused) ja teisele küsimustikule k.a 30. märtsiks. Lisame, et komisjoni kirjas viidatud statistilised andmed ajutise raamistiku alusel riigiabi andmise loa saanud meetmete lõikes esitame Euroopa Komisjonile riigiabi ja vähese tähtsusega abi registrile esitatud informatsiooni alusel. Lugupidamisega (allkirjastatud digitaalselt) Kaur Kajak halduspoliitika asekantsler 1 COVID-19 raamistiku konsolideeritud versioon on kättesaadav aadressil: https://ec.europa.eu/competition- policy/system/files/2021-11/TF_consolidated_version_amended_18_nov_2021_en_2.pdf. Suur-Ameerika 1 / 10122 Tallinn / 611 3558 / [email protected] / www.rahandusministeerium.ee registrikood 70000272 Ljudmilla Sokolnikova 611 3360 [email protected] 2 Lisaadressaadid: Maaeluministeerium Majandus- ja Kommunikatsiooniministeerium Sotsiaalministeerium Maaelu Edendamise Sihtasutus Eesti Töötukassa Riigi Tugiteenuste Keskus Tallinna Linnakantselei SA Eesti Filmi Instituut Põllumajanduse Registrite ja Informatsiooni Amet Ettevõtluse ja Innovatsiooni Sihtasutus Sihtasutus KredEx 3