Brussels, 22/11/2011 (Agence Europe) - The adoption, before the end of the year, of the reform of the rules on state aid for services of general economic interest (SGEI) and on making it easier for individuals and companies to bring matters before the courts to obtain compensation for damages caused by violations of the competition rules: these are the two key initiatives of the work programme of the Commission in 2012 as regards competition policy, presented on Tuesday 22 November by Vice-President Joaquín Almunia (Competition) to the members of the ECON committee of the European Parliament.
On the first point, the Commissioner indicated that the project is now in its final stage and that it takes on board the comments gathered by the public consultation on the subject, and the recommendations of the Simon report (EUROPE 10475) as regards the aid notification threshold (de minimis regulation) and extending the number of social services subject to exemption from notification requirements. Still on state aid and beyond SGEI, Almunia stated that within the next 2 to 3 years, he would be tightening up the measures to make controls easier and more effective by rationalising, consolidating and updating the current rules, which are currently spread out over a number of guidelines, orientations, regulatory frameworks and regulations. He also announced next year's launch of an initiative to better reflect, in EU policies, the contribution of state aid to growth, and rules on tax consolidation strategies implemented in most member states.
Regarding the other main initiative of his programme (see above), the vice-president stressed that after the Pfleiderer (C-360/09) ruling of last June (which allows people damaged by a violation of competition law to obtain access to documents pertaining to a clemency process of the Commission) and at the same time ensuring effective entitlement to damage with interest, has become more vital than ever. He also announced a continuation of the public consultation on collective cases to examine the need for any specific provisions in this area, as regards anti-trust.
Due to the consequences of the sovereign debt crisis, the commissioner announced: - the extension, until 2013, of special crisis rules on state aid to banks; - the updating of the tariffs for state guarantees on bank liquidity, to better reflect the risks taken by the state and the differing value of these guarantees from state to state - a clarification of the tariffs for State recapitalisation, when these take the form of ordinary shares. However, he is considering a new restructuring and rescue regime for banks, returning to normal conditions "once market conditions permit".
In parallel, next year the commissioner will propose new rescue and restructuring aid for industrial businesses, favouring market solutions, as an alternative to public aid. At the same time, this will tighten up checks on aid to limit their competition distortion effects. Among other initiatives referred to in this matter: - new guidelines in 2012 for state aid to aviation and maritime transport, venture capital and broadband networks; - the adoption in 2013 of revised guidelines on regional aid and the new framework for research, development and innovation; - the revision, by the end of 2012, of the communication on state aid for short-term export credit insurance and the communication on the cinematography industry.
Lastly, the commissioner announced for early 2012 new guidelines ahead of the entry into force of the new regime for trading in emissions quotas in 2013, which will probably cause electricity prices to rise. Companies will therefore be tempted to move their high-energy consumption activities outside the EU, whilst the governments will be encouraged to help their businesses to bear this extra cost. New rules on state aid will prevent a race to subsidies in the EU and protect non-subsidised industries. (FG/transl.fl)