2005/170/EC: Commission Decision of 16 June 2004 concerning aid for the construction of a propylene pipeline between Rotterdam, Antwerp and the Ruhr area notified by Germany, the Netherlands and Belgium — C 67/03 (ex N 355/03) — C 68/03 (ex N 400/03) — C 69/03 (ex N 473/03) (notified under document number C(2004) 2031) (Text with EEA relevance)
Date: 2004-06-16
Institutions: European Commission
Subjects: Germany, Netherlands, State aid, chemical industry, control of State aid, gas pipeline

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COMMISSION

COMMISSION DECISION

of 16 June 2004

concerning aid for the construction of a propylene pipeline between Rotterdam, Antwerp and the
Ruhr area notified by Germany, the Netherlands and Belgium
C 67/03 (ex N 355/03) — C 68/03 (ex N 400/03) — C 69/03 (ex N 473/03)

(notified under document number C(2004) 2031)

(Only the Dutch, French and German texts are authentic)

(Text with EEA relevance)

(2005/170/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
establishing the European
Community, and in particular the first subparagraph of Article
88(2) thereof,

Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,

It

It sent a letter

on State aid in favour of the German and Dutch sections
of a propylene pipeline project.
to
Germany on 13 February 2002 and received a reply
on 27 March 2003.
subsequently had informal
contacts with the Belgian authorities. The Association
of Petrochemical Producers in Europe (APPE) sent a
position paper in support of the project by letter of
15 May 2003. By letters of 24 July, 4 September and
16 October 2003, the German, Dutch and Belgian autho-
rities notified aid for their own sections of the project.
The
registered under Nos N 355/03,
N 400/03 and N 473/03 respectively.

cases were

Having called on interested parties to submit their comments
pursuant to the provisions cited above (1) and having regard to
their comments,

(2)

The Commission asked Germany for further information
by letter of 27 August 2003. Germany obliged by letters
of 6, 15 and 28 October 2003.

Whereas:

1. PROCEDURE

(1)

Starting in the autumn of 2002, the Commission had
informal contacts with the German and Dutch authorities

(1) OJ C 315, 24.12.2003, p. 7.

(3)

to Germany,

By decision C(2003) 4080 of 11 November 2003, the
Commission initiated the procedure under Article 88(2)
of the Treaty in respect of the notified measures. The
decision was sent
the Netherlands and
Belgium the same day; the procedures were registered
under Nos C 67/03, C 68/03 and C 69/03 respectively.
Germany, the Netherlands and Belgium commented on
the decision by letters of 12, 18 and 22 December 2003.
The Commission asked for further information by letters
to which the Member States
of 23 January 2004,
concerned replied by
letters of 20 February, 27
February and 2 March 2004.

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forwarded to Germany,

The Commission decision was published in the Official
Journal of the European Union of 24 December 2003 (2).
Comments were received from three third parties. They
were
and
Belgium, which reacted by letters of 5, 29 and 11
March 2004 respectively. Lastly,
the three Member
States provided further information by letters of 25
May and 4 June 2004.

the Netherlands

(8)

(9)

2. DETAILED DESCRIPTION OF

THE MEASURE

CONCERNED

2.1. Background and beneficiary

2.1.1. Propylene and propylene transport

Propylene is derived from petroleum and is used for the
production of polymers, which are then used to produce
plastics. In western Europe some 70 % of all propylene is
the production of ethylene. Conse-
a by-product of
quently,
is often
the location of propylene plants
determined by the marketing outlets for ethylene. The
the western European market was
total
estimated at some 14,7 million tonnes in 2001, half of
which is used in the area that would be served by the
pipeline. Estimates for future growth of the propylene
market
the coming
is characterised by much
years. The ethylene market
lower growth of around 2 %.

range from 3,7 % to 4,0 % for

size of

At present, some 550 barges (1 500 tonnes each) and
4 800 rail tankers (50 tonnes each) carrying propylene
arrive in the Rotterdam-Antwerp-Cologne triangle each
year. The expectation is that there will be a shortage of
approximately 1,7 million tonnes of propylene in the
area in 2010. With changes in the structure of
the
chemical
industry, the expectation is that by that time
the pipeline will be transporting 2,5 million tonnes.

year is expected to be transported to the Ruhr area,
equivalent to 750 barges per year. The total quantity
transported from Rotterdam to South Limburg would
be about 180 000 tonnes per year, equivalent to 900
rail tankers and 70 barges.

2.1.2. The beneficiary

the Dutch assets, 100 % of

The beneficiary will be European Pipeline Company BV
in the chemical
(EPC), a consortium of companies
industry.
Its predecessor was European Pipeline Devel-
opment Company (EPDC). The shareholders are BASF
AG, Celanese Chemical Europe GmbH, Shell Nederland
Chemie BV, DSM NV, Rütgers Chemicals AG, Sasol
Germany GmbH, Veba Oil Refining & Petrochemicals
GmbH, Westgas GmbH and SABIC Europe. The
consortium owns
the
Belgium asset management company, EPDC Flanders
the German asset management
NV, and 49,9 % of
company, Propylenpipeline Ruhr GmbH (PRG) (3). Lan-
desentwicklungsgesellschaft
Nordrhein-Westfalen
(LEG) (4) owns the remaining 50,1 % but is not liable
for any financial obligation beyond its participation in
capital. EPC and the Belgian and
the
German asset management companies together estab-
lished a joint venture, European Pipeline Administration
Company (EPAC), that will be responsible for managing
the entire pipeline.

company’s

2.1.3. The pipeline project

The notifications concern a pipeline for the transpor-
tation of propylene from Rotterdam, via Antwerp,
Tessenderloo, Geleen and Cologne to Oberhausen in
the Ruhr area. The network will be approximately 520
km long. The pipeline consists of nine sections, following
as far as possible existing ethylene pipelines. The German
notification concerns only the section between Ober-
hausen, via Cologne, and the Dutch border (Pilot 2),
where it connects to another section in the Northern
Ruhr area (Pilot 1).
In addition to the investment in
the pipeline, new storage capacity will be built in the
Dutch and Belgian ports and in Duisburg, Germany.
In accordance with Council Directive 85/337/EEC of
the effects of
27 June 1985 on the assessment of
envir-
certain public
onment (5),
such an
the beneficiary will carry out
assessment on the pipeline project as a whole.

and private projects on the

(4)

(5)

(6)

(7)

Taking simply the transport from Rotterdam to South
Limburg and the Ruhr area, the figures are somewhat
flow
different.
amounted to 93,4 million tonne-kilometres, of which
about 4 million was by rail and about 89,4 million by
barge. From 2010 a total of about 1,5 million tonnes per

In 1997 this propylene

transport

(2) See footnote 1.

(3) The assets belong to the limited companies EPDC NL CV, EPDC BE
CV and PRG GmbH & CoKG, of which EPDC NL BV, EPDC BE BV
and PRG GmbH are the respective shareholders.

(4) The Land of North Rhine-Westphalia has a 68,15 % share in LEG
the shares are

and WestLB a 22,25 % share, while the rest of
privately owned.

(5) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive
2003/35/EC of the European Parliament and of the Council (OJ L
156, 25.6.2003, p. 17).

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(10)

The total investment cost amounts to EUR 148 500 000
(see table below (6)):

aid is
submitted by the German authorities,
equivalent to an internal rate of return (IRR) of 5,6 %
when calculated over 25 years.

this

Table 1

Total investment cost

Section
Germany ‘Pilot 2’

Netherlands

Belgium

Total

(in EUR million)

Investment cost

67,134

26,0

55,4

148,5

(15)

(16)

(11)

The pipeline is managed in accordance with the ‘open
access/common carrier principle’ and the ‘low-profit
principle’. Any interested producer or user can have
access
to the pipeline without discrimination. The
capacity of the pipeline should be sufficient for dealing
with the growth expected over
the next 20 years.
Transport fees will be the same for any user, whether a
shareholder or not. They will be determined on the basis
of the number of sections passed through.

The Netherlands intends to grant a subsidy of EUR
4 000 000, the amount needed to raise the profitability
of the Dutch section of the project to an acceptable level
for the industrial partners. The German aid and the
Dutch aid are ad hoc measures that are not part of a
particular scheme.

investment cost

Belgium intends
subsidy of EUR
to grant a direct
2 919 480 and a five-year exemption from property
tax, the benefit of which is estimated at EUR 766 000.
The total
in Belgium would be EUR
55 400 000, of which the Belgian authorities have
recognised EUR 40 885 000 as eligible costs,
from
which operating profits of EUR 16 556 000 have been
deducted (7),
EUR
an eligible
24 329 000. The Belgian authorities take the view that
the aid is covered by a State aid scheme approved by the
Commission (8). The scheme provides for aid of 12 % for
this type of investment, corresponding to the amount of
EUR 2 919 480 mentioned above. Costs not eligible for
aid under the scheme include costs for general research,
land acquisition and commissions.

amount of

leaving

(12)

The fees will be established in a transparent manner and
will be fixed at a level comparable with the transport fees
for rail and inland water transport. For the period 2006
to 2008, […] (*). There will be no quantity rebates. In
order to keep the fees up to date, a study into these
different modes of transport will be carried out every
two years.

(17)

The Belgian aid has been notified with a view to
obtaining legal certainty and providing the Commission
with an overview of the investment project, together with
the total amount of aid granted.

(13) As regards purchases of works and services, EPAC and
PRG must comply with the procurement procedures laid
down by the legislation on public procurement at
Community and national level.

(18)

The three Member States have made the aid conditional
on compliance with the principles of open access and
non-discrimination for 25 years,
the economic
lifetime of the project. Compliance with these principles
is enshrined in the statutes of EPMC; after 25 years the
statutes may be amended in this respect only by a
unanimous vote of all the participants.

i.e.

2.1.4. The aid

(14) Germany intends to grant a direct subsidy equal to 80 %
of the calculated deficit for normal profitability (unren-
tierlichen investiven Kosten) for the German section of
the pipeline (Pilot 2), with a ceiling of 50 % of the total
investment cost. The eligible cost is the investment cost
including planning, construction and the first fill, less the
income surpluses over the first 15 years based on a
discounted cash flow analysis. The aid would amount
calculation
to EUR 18 682 000. According

to a

(19) A loan from the EIB of up to 30 % of the total project
cost is under discussion. The shareholders would provide
own capital totalling EUR 8 000 000, with the remainder
to be financed by banks. At the same time, the share-
holders must bear
initial years,
amounting to some EUR 38 000 000 until 2008,
equivalent to some EUR 18 000 000 after interest and
tax.

in the

losses

the

(6) ‘Pilot 1’ will represent an investment cost of EUR 50,5 million for

which it would receive an aid of around EUR 25 million.

(*) Confidential information.

(7) It should be noted that these operating profits are the net proceeds

minus depreciation and interest on investments.

(8) Decree on economic expansion in the Flemish Region, N 40/99
(OJ C 284, 7.10.2000) and N 223/93 (OJ C 282, 20.10.1993).

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2.1.5. The broader European olefins pipelines network

2.2. Justification for the aid put forward by the

German, Dutch and Belgian authorities

(20)

the broader
The APPE informed the Commission of
olefins pipelines network of which the pipeline project
at issue is part (9). At present, there are five separate
systems in Europe for ethylene. They are not intercon-
nected to form a complete network and link only about
50 % of the total capacity. For propylene, there are a
number of
in and around the
systems
Benelux area. The olefins network should connect the
individual
systems and expand them. The position
paper contains several maps indicating various ongoing
should permit
or projected pipeline projects
completion of the overall network.

individual

that

(21)

(22)

The project would be
transport safety and industrial policy considerations.

justified by

environmental,

2.2.1. Environmental benefits

Propylene transport is expected to increase significantly,
putting pressure on transport capacity by ship and truck.
The pipeline is designed to ease that pressure and to
prevent bottlenecks.
It would reduce road congestion
problems significantly.

(23)

The differences in emissions between traditional logistics
and transport by pipeline are given in Table 2:

Table 2

Emissions

Units

Rail

Barge

Total

Pipeline

Delta

Shipments

t/km

7 100 000

158 200 000

165 300 000

165 300 000

CO2

NOx

CO

VOC

SO2

kg per t/km

kg per t/km

kg per t/km

kg per t/km

kg per t/km

312

199

0,14

0,07

0,14

6 960

7 237

4 496

2 741

124

6,33

6,33

9,49

126

6,47

6,4

9,63

5,12

0,5

0,17

2,15

121

5,97

6,23

7,48

(24)

Further reductions of emissions would result from the
fact
the pipeline would permit new investment
projects at locations requiring less transport of olefins.

that

2.2.2. Transport safety and congestion

The pipeline would contribute significantly to enhanced
transport safety. Propylene is a Hazard Class 1 material.
Without the pipeline, the growth of the market would
lead to a substantial increase in other forms of transport
for propylene and in the related safety and congestion
concerns.

(25)

(26)

and rail. The growth of

In the Netherlands the concerns relate in particular to
transport by barge
rail
transport would accentuate safety problems along the
track and the problems posed by the transhipment of
propylene. The pipeline would alleviate the risk,
in
particular by reducing the number of shunting operations

(28)

(9) Position Paper: The Development of a European Olefins Pipelines Network
and Its Benefits, May 2003. It can be found at the following website:
http://www.petrochemistry.net/templates/shwPressroom.asp?
TID=4&SNID=16

at railway yards and the transhipment of propylene. One
of
link
the most serious problem areas on the rail
between Rotterdam and Geleen would be the railway
yard at Venlo. Relocation would be the solution but
some EUR 134 000 000. The pipeline
would cost
reduces the need for such relocation.

(27)

The Netherlands has put
the immediate social return
(traffic safety, emissions and noise) on the subsidy at
12 %.

2.2.3. Industrial policy and employment considerations

factor hampering

The pipeline would be of strategic importance for the
industry in the area. A 1998
viability of the chemical
study singled out the lack of appropriate infrastructure as
the major
competitiveness. This
contrasts with the extensive network in the United
States. The pipeline would make transport much more
flexible as it would serve as a ‘storage place’, with all
It would also
users having direct and near access.
supply
reduce
to
uncertainty
customers
in propylene
production in steam crackers.

stemming from disruptions

propylene

the

of

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(29)

In 1999 the chemical raw materials industry in the
Emscher-Lippe region in Germany provided jobs for
5 233 people. Of these jobs, some 1 906 were reported
as being heavily dependent on propylene-based products
(1 506 in the raw materials industry and 400 in plastics
processing). Without the propylene pipeline the potential
in this region would be used to the extent of 50 % at most.
An expert study estimated the number of jobs that there
would be in the region with and without the pipeline. For
the raw materials industry, the project would create 658
jobs by 2010, disregarding multiplier effects. For the inte-
grated chemicals cluster, this figure would be 2 697. In
absolute figures, employment would still decline, albeit at
a slower rate due to the pipeline.

(30)

In 2002 some 9 740 people were employed in the
chemical industry in South Limburg with between 500
and 550 of them being employed in the production of
propylene and in the production and processing of poly-
propylene-related products.

4. COMMENTS FROM THIRD PARTIES

(32)

The Commission received comments
from Deutsche
Bahn and from two competitors in the chemical industry.

(33) Deutsche Bahn confirms the Commission’s analysis and
takes the view that the aid is detrimental to its interests
as pipeline transport will replace rail transport, causing a
loss in turnover of some EUR 13 000 000 per year.
Turnover would fall further as propylene producers in
southern Germany might
supply contract
with users in the Ruhr area being terminated. Deutsche
Bahn provided several examples of turnover losses caused
by the construction of pipelines.

find their

(31)

3. REASONS

PROCEDURE
PROVIDED FOR IN ARTICLE 88(2) OF THE TREATY

FOR INITIATING THE

regards

projects

protection (10)

(environmental

previously
the

transport
by
criteria
the Commission noted that

In its decision to initiate the Article 88(2) procedure, the
Commission explained why the measures were to be
considered as State aid within the meaning of Article
87(1) of the Treaty and expressed certain doubts as to
their compatibility with the Treaty. The aid would not be
covered by the Community guidelines on State aid for
environmental
aid
guidelines), the guidelines on national regional aid (11)
(regional aid guidelines) or by any other guidelines laid
down by the Commission. Similarly, the case in hand
infra-
differs from other aid measures for
the
structure
for
Commission. As
assessing State aid,
the
need for the full amount and the proportionality of the
aid had not been clearly demonstrated. Some existing
pipelines have been financed in their entirety out of
private resources. In addition, the aid intensities for the
various sections of the project differ, the aid intensity for
the German section being relatively high. There were
some factual questions as regards the assumptions for
the Commission
the profitability calculations. Lastly,
wondered whether there would not be undue distortion
of competition, notably between chemical companies
participating
other
companies in the chemical and related industries and
between the chemical industry in the region concerned
and that in other regions of the Community.

approved
general

directly

project

and

the

in

(10) OJ C 37, 3.2.2001, p. 3.
(11) OJ C 74, 10.3.1998, p. 9.

(34)

(35)

or

not

chemical-

refinery-grade,

The first competitor is in favour of developing an olefins
pipeline infrastructure in Europe but it is not convinced
that
the project under consideration justifies the aid
granted. Firstly, only polymer-grade propylene will be
the
transported,
propylene content of which is lower. Polymer-grade
propylene accounts for only 60 % of
the market. To
gain access to the new pipeline will require substantial
investments on the part of chemical-grade producers in
improving their product to polymer-grade. Secondly, the
lack of pipeline networks for propylene transportation in
Europe cannot be used as a justification for low compe-
industry as the fees will be
titiveness in the chemical
transport. The
similar
pipeline will compete with the latter and the aid will
distort competition with those companies that
invest
heavily in site selection,
jetty facilities and the like.
Thirdly, transport by barges and by rail has proven to
be environmentally sound. Fourthly, the pipeline may
shift investments from coastal locations in the Benelux
to, say, Germany.

to those for other modes of

investment and employment

The second competitor agrees that the transport of light
hydrocarbons by pipeline is attractive in terms of effi-
ciency and safety and that a sound infrastructure
in the areas
promotes
linked by the pipeline. However, it points out that the
current propylene flow from west
is not a
sufficient reason to invest in this pipeline project. Addi-
tional volumes would be needed at either end to justify
the aid: consumption of propylene in Dutch Limburg and

to east

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the German section of the pipeline, and production of
propylene in the coastal region. In contrast, Sabic has
announced the development of a cracker
in Dutch
Limburg. This would reduce the flow of propylene
from the Antwerp-Rotterdam-Amsterdam (ARA) area to
the eastern part of the pipeline. Without investment in
propylene production in the ARA area,
the pipeline
would remain underutilised.

5. COMMENTS FROM GERMANY, THE NETHERLANDS

AND BELGIUM

5.1. Comments made by all three Member States

from an environmental,

(36) All three Member States confirm the importance of the
project
transport safety and
industrial point of view. They stress that the pipeline
‘non-
will be operated in line with the ‘open access’,
discrimination’ and ‘common carrier’ principles.

is

no

for

advantage

disproportionate

recovered from the beneficiary. Germany stresses that
there
the
companies participating directly in the project since any
potential user will have access to the installation on non-
even companies
discriminatory
involved in other branches of economic activity may
join the consortium. The pipeline will still belong to
the company after 15 years, but
the company will
derive no advantage.

Furthermore,

terms.

(41) As the pipeline forms part of a Europe-wide network,
there will be no distortion of competition for
the
industry in other regions of the Community.
chemical

(37) A tender procedure for selecting the beneficiaries was not
possible as some petrochemical companies were directly
involved in the project as owners of sections of existing
pipelines. This would not,
in any case, have been
economically efficient. Distortions of competition are
ruled out in this case since any company can join the
consortium.

(42)

5.2. Comments from Germany

(38) Germany insists

that

in line with earlier decisions by

the public support does not
constitute State aid as it does not confer a selective
advantage. The pipeline must be viewed as a transport
infrastructure like other traffic infrastructure project. This
would be
the
Commission (12). The project was undertaken for envir-
onmental and industrial policy reasons and the aid is not
simply a reaction to a private initiative. Similarly, the fact
that the alternative transport modes of inland waterway
and rail are financed by the public authorities was taken
into account in the decision to grant aid to the project.

(39) Germany also considers that the project seeks to organise
propylene transport on the basis of different transport
modalities. Hence the measure would fall within the
scope of Article 73 of the Treaty.

5.3. Comments from the Netherlands

that

in the 1990s

The Netherlands points out
the
ethylene- and propylene-producing industry in north-
west Europe, which had been a net exporter, became a
net importer on account of the strong competition from
Asian countries in particular. The ethylene and propylene
market in north-west Europe is currently a closed market
given the absence of independent transport, storage and
transhipment
receiving the aid
could force the industry to open up the market. The
Netherlands
submitted a map giving examples of
coastal sites throughout Europe which could supply
propylene
structurally or on a
temporary basis.

facilities. The project

to the pipeline

(43)

The Netherlands recalls its calculation of the societal rate
of return on the subsidy (12 %). In addition to the calcu-
lation of the project’s internal rate of return (6,19 %), it
notes that the rates of return in competing modes of
transport are similarly low, in the range of 1 to 8 %. It
also takes the view that the aid could be considered
compatible on the basis of Article 87(3)(b) of
the
Treaty as it concerns an important project of common
European interest.

(40)

The aid would give the project an internal rate of return
of 5,6 % in Germany. A higher return would not be
possible:
in case of higher-than-expected proceeds over
the first 15 years, a corresponding amount would be

(12) Including N 517/98 UK, South Wales European Rail Freight
Terminal
(OJ C 81, 24.3.1999, p. 8), N 121/99 AT, Aid for
combined transport (OJ C 245, 28.8.1999, p. 2), N 208/00 NL,
Subsidy scheme for public inland terminals (OJ C 315, 4.11.2000,
p. 22) and N 649/2001 UK, Freight Facilities Grant, Port of Rosyth
Project (OJ C 45, 19.2.2002, p. 2).

5.4. Comments from Belgium

(44)

In addition to the general comments, Belgium points out
that the aid notified by it falls within the scope of an aid
scheme approved by the Commission and that
the
Commission’s opinion that it would not be covered by
the environmental aid guidelines is not consistent with
the previous assessment given by it on the application of
the Belgian aid scheme.

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5.5. Comments from interested parties

(45) With respect to the comments from Deutsche Bahn, the
three Member States stress that the subsidy will be used
only for the pipeline infrastructure and not for actual
transport and that the fees will be set by reference to
those for competing modes of transport. The fees will be
transparent and non-discriminatory. Propylene users that
had already invested in infrastructure for transport by
inland waterway or by rail are not disadvantaged since
the pipeline users are themselves responsible for the
connection to the pipeline. Moreover, most of
the
necessary investments in transport by inland waterway
or by rail are not intended specifically for propylene
liquefied gases. Lastly,
but can be used for other
Deutsche Bahn can join EPDC. Success of the pipeline
for Deutsche Bahn as the
project may be important
pipeline
transporting
creates
propylene further inland.

opportunities

for

(46) With respect to the comments from the first competitor,
the three Member States point out that polymer-grade
propylene is the only all-purpose grade. Refinery-grade
propylene is very rarely used in chemical processes
because of the high percentage of propane that has to
be treated as an off-gas; for the rest, there are only a few
producers of chemical- and refinery-grade propylene.
There is a trend towards greater use of polymer-grade
propylene in new chemical production processes. The
issue of grade has been extensively discussed with the
encouragement of a Task Force set up by the Ministry
for Economic Affairs of North Rhine-Westphalia. The
pipeline,
in fact, opens up the prospect of a European
single market for propylene.

(47) With respect

to the

produced

from the

comments

to avoid a

the problem is

second
competitor, the three Member States point out that all
the expected values given by both the participants and
independent experts point to a disproportionately high
increase in propylene demand in the next few decades.
Accordingly,
capacity
bottleneck with existing modes of
transport. The
investment
propylene
announced by Sabic has been included in the profitability
calculations for the pipeline. This investment is currently
under consideration, but the pipeline economics will not
be affected should it go ahead. In fact, if SABIC does go
ahead with the investment, the Geleen site will have an
even greater need for the pipeline in order to provide
flexibility in the event of an unexpected
operational
failure
consumption
process. In addition, cracker capacity is being expanded

the production or

in either

cracker

the

by

at Terneuzen, which came on stream in 2002 providing
300 kt for consumers in the Antwerp-Rotterdam area.
The pipeline opens up completely new investment
perspectives
irrespective of
the propylene users,
where suppliers are located. Moreover, current pipelines
are owned by just a few large enterprises.

for

(48)

6. ASSESSMENT

6.1. Existence of State aid within the meaning of

Article 87(1) of the Treaty

if

State funding for the construction or management of
transport infrastructure is not always to be regarded as
aid within the meaning of Article 87(1) of the Treaty.
However,
the body managing the infrastructure is
pursuing an economic activity, the grant may confer a
potential competitive advantage on the beneficiary. Both
EPC and its shareholders pursue economic activities. In
this respect, the case is very similar to the case involving
the aviation fuel pipeline in Athens (13). The grant allows
the consortium to construct and exploit a facility for 25
years, without paying the entire cost. The following
should be noted:

(a) The Member States in question have not followed
open tender procedures for the construction and
operation of the pipeline. The authorities concerned
have simply responded to a private initiative.

(b) The pipeline is being depreciated over 25 years and
the conditions for granting the aid apply for 15 or
25 years, but the pipeline remains the property of the
asset management companies.

(c) Participation in the pipeline company is, in principle,
in practice, only
are directly

open to any company but,
propylene
involved.

and ethylene producers

(13) Case N 527/2002. The case concerns investment aid of 35 % for a
kerosene pipeline from the sea to Athens International Airport. The
pipeline is publicly owned but exploited by a consortium in which
the airport, Olympic Airways and three oil companies participate.
The Commission found the aid to be compatible on the basis of the
regional aid guidelines (OJ C 148, 25.6.2003).

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(d) The company is to operate on the basis of the ‘low-
profit principle’. The aid effectively allows an internal
rate of return of 5,6 % for the German section.
However, the tariff structure has to follow the devel-
opments in fees for competing modes of transport.
Consequently, a higher rate of return cannot be ruled
out.

(49)

For these reasons, there is a selective advantage for EPC,
as compared with the other enterprises that could have
undertaken the project and with competitors providing
alternative transport services. The case thus involves a
private initiative which is subsidised by the State. There
is no doubt that the aid will affect trade between Member
States. The beneficiaries are all large chemical companies
active on the world market. Moreover, the project relates
to a transport activity between the three Member States
concerned.

to notify the aid pursuant

(50) Germany, the Netherlands and Belgium have complied
with the requirement
to
Article 88(3) of the Treaty. The Commission notes that
the total investment cost exceeds EUR 25 000 000 and
that the total aid exceeds the gross grant equivalent of
EUR 5 000 000. Therefore, even if the Belgian aid were
the notification
covered by an approved aid scheme,
requirement pursuant to point 76 of the environmental
aid guidelines is applicable.

(51)

(52)

6.2. Compatibility of the aid in question

The aid is granted to facilitate a transport activity. Trans-
porting propylene by means of a pipeline cannot be seen
as an adaptation of the propylene production process; it
constitutes a separate service. This is illustrated by the
fact that the pipeline will be built by new legal entities
the sole purpose of providing transport
created for
services for propylene. Although EPC’s shareholders are
active in propylene production and processing, the new
activity competes in the first place on the transport
market.

The rules on the compatibility of State aid in the Title of
the Treaty dealing with transport are, however, not
applicable. Article 73 of the Treaty states that aid is
compatible with the Treaty if it meets the needs of coor-
dination of transport. However, Article 80 of the Treaty
limits the provisions of the Title dealing with transport
by stating that ‘[t]he provisions of this Title shall apply to
transport by rail, road and inland waterway.’ Accordingly,
Article 73 does not apply to the investment project in
question.

aid that

(53) Despite the various positive effects of the aid, none of the
rules on the
the
compatibility of State
Commission has developed on the basis of Article
87(2) and (3) are applicable. Only a small part of the
investment is located in assisted regions, and the autho-
rities concerned have not sought approval on the basis of
the regional and aid guidelines. The environmental aid
guidelines are not applicable either. Transport by pipeline
causes less pollution than other modes of
transport
including even transport by
operated by competitors,
rail or inland waterway. Consequently, there will be a
net reduction in pollution.
the
Commission does not allow State aid for investment
that leads to a reduction in pollution by competitors of
it considers State aid to be
aid beneficiaries.
compatible in certain circumstances where the beneficiary
reduces its own pollution.

In principle, however,

Instead,

(54)

(55)

aid to facilitate

the development of

The Commission has therefore assessed the measure
directly on the basis of Article 87(3)(c), which states
that
certain
economic activities or of certain economic areas may
be considered to be compatible with the common
market where such aid does not adversely affect trading
conditions to an extent contrary to the common interest.
The use of a pipeline that shifts some traffic away from
rail, road or inland waterway transport constitutes an
economic activity.

all

for

transport

In the field of transport infrastructure, the Commission
has previously acknowledged that aid could be granted if
the market did not provide society with the public
transport infrastructure necessary to achieve sustainable
mobility (14). For facilities that are accessible on non-
discriminatory terms
existing and potential
operators, an aid intensity of up to 50 % of the total
project cost has been allowed. Pipeline transport,
like
the
referred to in
infrastructure projects
paragraph 38, reduces emissions and is safer compared
with other modes of transport. It will also contribute to
the
the
congestion.
Commission agrees with the Dutch, Belgian and
German authorities that, apart from its environmental
strategic
industrial
and
importance for
industry in the region
concerned. Propylene producers in other parts of the
EU where there is excess supply of propylene would
benefit as well since the project facilitates the sale of
their propylene. As part of the procedure, no competitor
in other regions of the common market has denied the
existence of such beneficial effects.

benefits,
the chemical

the project has

Furthermore,

reduction

of

(14) N 649/01 UK, Freight Facilities Grant scheme, see footnote 12.

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(56) Distortions of competition on the propylene market are
limited on account of the open access to the pipeline for
all competitors. Compliance with this principle is guar-
anteed for a period of 25 years, which is the depreciation
the
period for the pipeline, and it
is expected that
capacity of the pipeline will,
in the normal course of
events, be sufficient to avoid bottlenecks for the next
20 years.

(57)

the rest,

to the total project

The notified aid can be considered to be necessary and
proportional to the objectives in mind. Without it, the
return on the investments would be too low and the
it
project would not be carried out. For
should be pointed out that the subsidy is limited to a
level that allows not more than a normal internal rate of
for
return (IRR) on the investments
the companies
the IRR should be
issue,
In the case at
involved.
calculated with respect
(including
Pilot 1) and to its individual sections because these are
inextricably linked to each other and it would not make
sense to invest in one section and not in others. If the
pipeline were only partly built, the expected propylene
flows would be lower, resulting in a lower IRR and lower
environmental, safety and industrial benefits. The calcu-
lation for the entire project gives an IRR of 6,19 % over
25 years, but one of only 2,75 % when calculated over
15 years. Without subsidies these rates would be 3,80 %
and – 0,24 %. The assumptions underpinning the calcu-
lations are realistic and reasonable, even when taking into
account the relevant comments from the third parties.
Even the figure of 6,19 % can be considered as being
equal to or below a normal rate of return for this type
of project. The post-tax IRR on other chemical and oil
pipeline systems in Europe has been between 9 and 13 %
over 25 years. IRRs on equivalent systems in the United
States have a slightly higher IRR (in the range of 11 to
15 %). Returns on power stations and similar installations
are in the range of 10 to 13 % over shorter periods, e.g.
15 years. The expectations of the chemical industry for
new chemical plants are above 15 %, with actual returns
tending to be lower (9 to 15 %), depending on the type
the IRR
of plant and the tax regime. Furthermore,
calculated is higher
in rail
returns
transport (1 to 3 %) and bulk road transport (3 to 4 %),
but comparable to those for the transport of chemicals
by inland waterway (7 to 8 %).

than average

(59)

(60)

(58) Distortions of competition between the companies parti-
cipating directly in the project and other companies in
the chemical and related industries are limited. In the first
place, the pipeline will be used by a substantial number
of companies, not only those participating in the
consortium. Much of the propylene will be used at inte-

that

SMEs.

including

Secondly,

companies,

conditions. The

grated chemical sites, where the derivatives are imme-
diately fed into other production processes operated by
other
any
company may join the consortium on non-discrimi-
the participating
fact
natory
companies all participate on equal terms also indicates
that there is no major benefit for one or more of the
companies in the industry. Given the low-profit principle
and the principle whereby fees are set at a level making it
just possible to compete with other modes of transport,
the benefit to the industry consists in an increased flex-
ibility and immediate availability of propylene supply,
rather than a pecuniary benefit.

It is true that producers of propylene with a lower purity
level than polymer-grade propylene may not derive much
benefit from the pipeline. Any standard, however, limits
the use of the pipeline to a certain extent, and the chosen
standard ensures the widest use. To some extent, the
pipeline may reduce competition between producers on
the quality of propylene, but this effect is likely to be
reasons, most chemical
limited since,
lower-grade
companies will need polymer-grade not
propylene.
In any case, the pipeline does not hamper
the transport of propylene of other grades by rail and
inland waterway. The apparently most important positive
effect on competition will derive from the increased flex-
ibility of supply and from standardisation based on
polymer-grade propylene, and this will make it easier
for propylene consumers to switch supplier.

technical

for

fall within the scope of
that
there
the participating

In accordance with point 29 of the environmental aid
guidelines, the Commission may authorise investment aid
enabling firms to improve on the Community standards
applicable up to no more than 30 % gross of the eligible
investment costs. Although the investments in question
the
these guidelines,
do not
is no Community
Commission notes
standard requiring
to
companies
undertake the investment. The overall aid level, taking
is below 30 %.
into account also the aid for Pilot 1,
elements distinguish the
a number of
Conversely,
present project
infrastructures
transport
from the
referred to in paragraph 38 and explain why higher
intensities would not be admissible in the present case.
Those earlier decisions concerned, for example, projects

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transport by rail

for rail and inland waterway infrastructures designed to
replace transport by truck, and not pipeline transport
designed to replace
and inland
waterway. In addition, the pipeline constitutes a long-
distance transport infrastructure, and not only facilities
at a certain point or along a limited part of the pipeline.
It should also be noted that the infrastructure can be
used only for propylene and not for the transportation
of other products. Furthermore, the operators will, at the
same time, be major users of the pipeline. In addition, if
the benefit results not, in the first place, from the lower
cost of transport but from improved flexibility of supply,
they will,
in any event, be major beneficiaries. For all
these reasons, the overall aid level seems appropriate.

rail

and

The pipeline will distort competition as regards inland
waterway
as Deutsche Bahn
transport,
maintains. The Commission notes that such a distortion
seems to be inherent in the very nature of the project in
question but has accepted distortions of this kind in
other cases involving transport infrastructures because,
in its view,
the benefits of such projects outweighed
those distortions. Taking all the above arguments into
account,
level of
distortion of competition is acceptable in view of the
project’s benefits
the
and concludes
distortion resulting from the notified aid is not undue
either.

the Commission finds

therefore

that

that

the

(61)

7. CONCLUSION

(62)

The aid amounting to EUR 3 685 480, EUR 18 682 000
and EUR 4 000 000 notified by Belgium, Germany and
the Netherlands respectively in favour of the construction
of a propylene pipeline from Rotterdam via Antwerp to
the Ruhr area constitutes State aid within the meaning of
Article 87(1) of the Treaty.

(63)

The aid is compatible with the common market, taking
into account the following elements: the reduction of
emissions and transport congestion and the increase in
safety resulting from the project; the project’s importance
for the chemical industry in the regions concerned; the
limitation of the distortions of competition by virtue of
compliance with the principles of
low profit, open
access/common carrier and non-discrimination; the fact
that the aid is limited to a level that does not allow a
higher-than-normal rate of return,

HAS ADOPTED THIS DECISION:

Article 1

The aid of EUR 3 685 480, EUR 18 682 000 and EUR
4 000 000 notified by Belgium, Germany and the Netherlands
the construction of a propylene
respectively in favour of
pipeline between Rotterdam, Antwerp and the Ruhr area is
compatible with the common market.

Article 2

This Decision is addressed to the Kingdom of Belgium, the
Federal Republic of Germany and the Kingdom of the Neth-
erlands.

Done at Brussels, 16 June 2004.

For the Commission

Mario MONTI
Member of the Commission