Euroopa Komisjoni kiri

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMPETITION Markets and cases III: Financial services State aid - Financial institutions II Brussels, 5 February 2024 COMP.D.4/AM/ES/JK/EA/MB COMP(2024)971832 Permanent Representation of Austria to the European Union Permanent Representation of Belgium to the European Union Permanent Representation of Bulgaria to the European Union Permanent Representation of Croatia to the European Union Permanent Representation of Cyprus to the European Union Permanent Representation of Czechia to the European Union Permanent Representation of Denmark to the European Union Permanent Representation of Estonia to the European Union Permanent Representation of Finland to the European Union Permanent Representation of France to the European Union Permanent Representation of Germany to the European Union Permanent Representation of Greece to the European Union Permanent Representation of Hungary to the European Union Permanent Representation of Ireland to the European Union Permanent Representation of Italy to the European Union Permanent Representation of Latvia to the European Union Permanent Representation of Lithuania to the European Union Permanent Representation of Luxembourg to the European Union Permanent Representation of Malta to the European Union Permanent Representation of Netherlands to the European Union Permanent Representation of Poland to the European Union Permanent Representation of Portugal to the European Union Permanent Representation of Romania to the European Union Permanent Representation of Slovakia to the European Union Permanent Representation of Slovenia to the European Union Permanent Representation of Spain to the European Union Permanent Representation of Sweden to the European Union Subject: Section 6 reports under the Guarantee Notice of 2008 - Monitoring of guarantee schemes and individual guarantee measures granted by Members States HT.6262 – Evaluation of the 2008 Guarantee Notice – Section 6 reports - Request for information Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111 Email address: [email protected] Dear Sir, / Dear Madam, Pursuant to Section 6 of the 2008 Guarantee Notice ( 1) on the Reports to be presented to the Commission by Member States, the Member States shall submit reports to the Commission for aid measures, provided either as an individual guarantee or as a guarantee scheme, at least at the end of the period of validity of the guarantee. Consequently, DG Competition requests your authorities to submit the reports relating to aided schemes as well as aided individual guarantees as described below in line with Section 6 of the 2008 Guarantee Notice, for the reference period of 2010 to end of 2021. This information request is a part of the ongoing evaluation of the application of the 2008 Guarantee Notice in the context of which DG Competition has been collecting input from various stakeholders. The present request aims to complement the information request that was sent to you in September 2022, since the latter had not covered the pieces of information required under Section 6 reporting of the 2008 Guarantee Notice. In this information request, when reference is made to Member States, the Commission means the Member State or any guarantee granting agency that offers guarantees which are backed by a local, regional or national sovereign commitment. The monitoring of the granted guarantees covers the period from 2010 to 2021 (‘reference period’) in which the guarantee schemes were applied and individual guarantees were granted. According to Section 6 of the 2008 Guarantee Notice, the reports on aided guarantee schemes should include at least the following information: a) the number and amount of guarantees issued; (b) the number and amount of guarantees outstanding at the end of the period; (c) the number and value of defaulted guarantees (displayed individually) on a yearly basis; (d) the yearly income: i. income from the premiums charged; ii. income from recoveries; iii. other revenues (e.g. interest received on deposits or investments) (e) the yearly costs: 1. administrative costs; 2. indemnifications paid on mobilised guarantees; (f) the yearly surplus or shortfall (difference between income and costs); and (g) the accumulated surplus or shortfall since the beginning of the scheme. For aided individual guarantees, the relevant information, mainly that referred to in points (d) to (g), should be similarly reported. (1) Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees, Official Journal 2008/C 155/02 20.06.2006, p. 10-22 2 Guarantees granted under the Temporary Framework ( 2), the Temporary Crisis Framework ( 3) and the Banking Communication ( 4) are excluded from this reporting requirement. Attached to this information request, you will find a reporting template prepared based on Section 6 of the 2008 Guarantee Notice. Please feel free to amend the reporting template with additional information as you see it fit or use other reports available to your authorities provided that they contain the information as requested in Section 6 of the 2008 Guarantee Notice and as outlined above. The Commission services also wish to reiterate Section 6 of the Guarantee notice which draws the attention of Member States to “the fact that for non-aid guarantees provided individually or under a scheme, although no notification obligation exists, the Commission may have to verify that the guarantee or scheme does not entail aid elements… the Commission will request information similar to that set out above for reports [of aided measures] from the Member State concerned.” Concerning non-aid guarantees, the objective of the Commission services with this request is, among others, to verify whether the no-aid schemes are indeed self-financing, whether the risk is properly valued and whether the assumptions regarding administrative costs are correct. In order to perform this analysis, the reports should in principle include all these pieces of information, which is very similar to aided guarantees. This would cover also the de-minimis schemes in case the guarantee is granted using the 2008 Guarantee Notice (i.e. safe harbour or approved methodology). Therefore, relying on Section 6 relating to non-aided guarantees, the worksheet of the template for no-aid guarantees should be also filled in with the corresponding data similarly to the reports of the aided guarantees if this informationis readily available for your authorities. If this is not the case, some information is missing or if only more aggregate information is available, please let us know by contacting the case handlers indicated at the end of this letter, to clarify how this reporting request for the non-aided guarantee could be fulfilled. The above mentioned information should reach the Commission within 20 working days of the date of this letter. If you have specific questions to this reporting request, or have any difficulties with meeting the reporting deadline, please contact the case team who is prepared to answer your questions and advice you in meeting the requirements of this reporting request. (2) Communication from the Commission - Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (OJ C 91I, 20.3.2020, p. 1), as amended by Commission Communications C(2020) 2215 (OJ C 112I, 4.4.2020, p. 1), C(2020) 3156 (OJ C 164, 13.5.2020, p. 3), C(2020) 4509 (OJ C 218, 2.7.2020, p. 3), C(2020) 7127 (OJ C 340I, 13.10.2020, p. 1), C(2021) 564 (OJ C 34, 1.2.2021, p. 6), and C(2021) 8442 (OJ C 473, 24.11.2021, p. 1) (3) Communication from the Commission on the Temporary Crisis Framework for State aid measures to support the economy following the aggression against Ukraine by Russia (OJ C 131 I, 24.3.2022, p. 1), as amended by Commission Communication C(2022) 5342 (OJ C 280, 21.7.2022, p. 1) (4) Communication from the Commission on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis, (OJ 2013/C 216/01 30.7.2013, p. 1) 3 Please also provide us the contact details of the person(s) in case of questions with respect to the reply to this request for information, including the e-mail address(es) and the phone number(s). In your correspondences with our services, please mention the reference to case, as provided above in the subject HT.6262 – Evaluation of the 2008 Guarantee Notice – Section 6 reports. The officials in charge in DG Competition are Enikő HANTOS, [email protected], +32 229-66456; Joachim KELLER, [email protected], +32 229-56450, or Emrah ARBAK, [email protected], +32 229-63241. Yours faithfully, Electronically signed Agata MAZURKIEWICZ Head of Unit Enclosure: Reporting template with two worksheets (aided and non-aided guarantees) 4  Maaelu Edendamise Sihtasutus Meie 15.02.2024 nr 12.1-1/779-1 [email protected] Euroopa Komisjoni kiri garantiiteatise kohta Austatud kolleegid Euroopa Komisjon (edaspidi komisjon) palus oma 05.02.2024 kirjaga andmeid komisjoni 2008. a garantiiteatise rakendamise kohta (vt komisjoni kiri ja Excel tabel lisatud). Andmeid palutakse tuginedes garantiiteatise punktile 6 „Liikmesriikide aruannete esitamine komisjonile“. Edastasime kirja ja tabeli eelinfona Maaelu Edendamise Sihtasutuse ja Ettevõtluse ja Innovatsiooni Sihtasutuse riigiabi kontaktisikutele 05.02.2024 e-kirjaga. Komisjon soovib teavet kirjale lisatud tabeli vormis hiljemalt 4. märtsiks ning teave tuleb esitada abielemendiga garantiide ja ilma abi elemendita garantiide kohta. Palume teil saata täidetud tabel meile hiljemalt 1. märtsiks komisjonile edastamiseks. Kui vajate tabeli täitmiseks täiendavat aega või kui teil tekkib seoses tabeli täitmisega spetsiifilisi küsimusi, andke palun sellest meile aegsasti teada. Lugupidamisega (allkirjastatud digitaalselt) Kaur Kajak halduspoliitika asekantsler Lisa(d): 1) EK kiri 2) Aruandevorm Lisaadressaadid: Ettevõtluse ja Innovatsiooni Sihtasutus Ljudmilla Sokolnikova 611 3360 [email protected] Suur-Ameerika 1 / 10122 Tallinn / 611 3558 / [email protected] / www.rahandusministeerium.ee registrikood 70000272  Aided guarantees: guarantee schemes and individual guarantees Indicate currency NEW EXPOSURE OF YEAR EXPOSURE BY END OF YEAR INCOME COSTS SA reference Number of Amount of Number of Value of Scheme or Method to Methodology (only Number of Amount of Income from State aid reference Legal basis of guarantees guarantees defaulted defaulted Income from Other Total Administrative Name of scheme individual establish market if self-financing Start date End date Year* guarantees guarantees premiums number compatibility outstanding at the outstanding at the guarantees (in guarantees (in recoveries revenues** income costs guarantees premium methodology issued issued charged end of year end of year the year) the year) used) Self financing Scheme methodology GBER 2010 Notes: *One row in the table should correspond to one year of the implementation of the guarantee. If the guarantee is in place for more years, each year should be a separate raw in the table. ** Interest received on deposits or investments. *** Difference between total income and total costs.  Scheme Safe- Legal COSTS FINANCIAL RESULT Y/N harbour / basis Year Accumulated surplus Indeminifications Other Total Yearly surplus or or shortfall since paid on mobilised costs costs shortfall*** beginning of the guarantees scheme Scheme Safe-harbour GBER premiums 2010 Individual guarantee Self financing ABER methodology 2011 Market proxyFIBER (only individual2012 guarantees) de minimis 2013 other 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023  Non-aided guarantees: guarantee schemes and individual guarantees Indicate NEW EXPOSURE OF YEAR EXPOSURE BY END OF YEAR INCOME COSTS FINANCIAL RESULT currency Number of Amount of Number of Value of Scheme or Number of Amount of Income from Indeminifications guarantees guarantees defaulted defaulted Income from Other Total Administrative Other Total Yearly surplus or Name of scheme individual Start date End date Year* guarantees guarantees premiums paid on mobilised outstanding at the outstanding at the guarantees (in guarantees (in recoveries revenues** income costs costs costs shortfall*** guarantee issued issued charged guarantees end of year end of year the year) the year) 2010 2011 Notes: *One row in the table should correspond to one year of the implementation of the guarantee. If the guarantee is in place for more years, each year should be a separate raw in the table. ** Interest received on deposits or investments. *** Difference between total income and total costs. FINANCIAL RESULT Accumulated surplus or shortfall since beginning of the scheme