State aid (Articles 87 to 89 of the Treaty establishing the European Community) — Commission notice pursuant to Article 88(2) of the EC Treaty, addressed to the other Member States and interested parties, concerning State aid C 63/99 (ex NN 84/99) — Impact of new electricity tax on feed-in price under "Stromeinspeisungsgesetz" (Text with EEA relevance)
Date: 2001-04-21
Institutions: European Commission
Subjects: Germany, State aid, control of State aid, electrical energy, energy production, environmental tax

C 117/8

EN

Official Journal of the European Communities

21.4.2001

STATE AID

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty, addressed to the other Member
States and interested parties, concerning State aid C 63/99 (ex NN 84/99) (cid:151) Impact of new
electricity tax on feed-in price under (cid:145)Stromeinspeisungsgesetz(cid:146)

(2001/C 117/06)

(Text with EEA relevance)

By the following letter dated 28 February 2001, the Commission has informed Germany of its decision to
close the procedure laid down in Article 88(2) of the Treaty.

(cid:145)Germany notified Stromeinspeisungsgesetz 1991, pursuant to Article 88(3) of the EC Treaty in 1990, and the
Commission approved the law as being in accordance with State aid rules before it entered into force on
1 January 1991 (State aid N 442/90 Germany, letter of 19 December 1990, SG(90) D/91464).

With regard to the ecotax law, Germany notified certain aid measures contained therein to the
Commission pursuant to Article 88(3) of the EC Treaty. The Commission approved these measures on
21 April 1999 (State aid NN 47/99 Germany, letter of 3 May 1999, SG(99) D/3289). These measures did
not comprise the increase on the feed-in price to be paid under Stromeinspeisungsgesetz resulting from the
introduction of the electricity tax. In fact, the calculation of the feed-in price paid in year (n) is based on
the price of electricity consumed in year (n(cid:150)2) which does include the electricity tax. The introduction of
an electricity tax had therefore the effect of increasing the feed-in price,
i.e. the amount of the aid.
Nevertheless, as the law on the electricity tax entered into force on 1 April 1999, the price increase
would only manifest for aid disbursed in 2001.

By letter dated 15 March 1999 the Commission informed Germany in the context of the ecotax notifi-
cation that the Commission would consider opening proceedings according to Article 88(2) of the EC
Treaty, as far as the price increase in Stromeinspeisungsgesetz in concerned, unless Germany would exclude
the occurrence of such an effect by amending the law accordingly.

By letter dated 17 August 1999, SG(99) D/6857 the Commission informed Germany that it had decided to
initiate the procedure laid down in Article 88(2) of the EC Treaty. The Commission called on interested
parties to submit their comments (1).

The German authorities submitted their comments by letter of 12 November 1999, received by the
Commission on the same day.

The Commission received within the one-month period following the publication in the Official Journal
comments from 14 interested third parties.

On 1 April 2000 Germany withdrew Stromeinspeisungsgesetz 1991.

As the electricity tax had entered into force on 1 April 1999 no feed-in price paid under Stromeinspeisungs-
gesetz 1991 was ever effected by the electricity tax. The first effect could only have taken place for aid
disbursed in 2001.

Consequently, the Commission has decided to close the formal investigation procedure under Article 88(2)
of the EC Treaty in respect of the relevant aid.

This decision does not touch the assessment of the Stromeinspeisungsgesetz or successor laws in view of
competition rules.(cid:146)

(1) OJ C 306, 23.10.1999, p. 19.