2009/182/EC: Commission Decision of 12 September 2007 on the aid scheme C 12/06 (ex N 132/05) which the Czech Republic is planning to implement to support combined transport (notified under document number C(2007) 4134) (Text with EEA relevance)
Date: 2007-09-12
Institutions: European Commission
Subjects: Czechia, State aid, aid system, combined transport, common transport policy, control of State aid

L 68/8

EN

Official Journal of the European Union

13.3.2009

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 12 September 2007

on the aid scheme C 12/06 (ex N 132/05) which the Czech Republic is planning to implement to
support combined transport

(notified under document number C(2007) 4134)

(Only the Czech text is authentic)

(Text with EEA relevance)

(2009/182/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,
and in particular
Article 88(2) thereof,

establishing the European
subparagraph of
the

first

Having called on interested parties to submit their comments
pursuant to those provisions (1),

Whereas:

1. PROCEDURE

(1)

By letter dated 16 March 2005 the Czech Permanent
to support
Representation notified an aid scheme
combined transport. The aid was registered under N
132/05. By letter dated 19 May 2005 the Commission
asked further questions regarding this scheme to which
the Czech authorities replied by letter registered by DG
TREN on 11 July 2005. A technical meeting between the
Czech authorities and the Commission services took
place on 14 June 2005. A second request of information
was sent by letter dated on 5 September 2005. The reply
to this request was sent by the Czech authorities by letter

dated on 5 October 2005. A third request of information
was sent by letter on 1 December 2005. The reply to this
request was sent by the Czech authorities by letter dated
on 9 January 2006.

By letter dated 4 April 2006, the Commission informed
the Czech Republic that it had decided to initiate the
procedure laid down in Article 88(2) of the EC Treaty
in respect of one specific measure regarding the aid for
the purchase of certain types of wagons for the use of
combined transport and decided not
to raise any
objection concerning the rest of the aid measures.

The Commission Decision to initiate the procedure was
published in the Official Journal of the European Union (2).
The Commission called on interested parties to submit
their comments.

(2)

(3)

(4)

The Commission received no comments from interested
parties.

(5)

The Czech authorities forwarded to the Commission their
comments to the Commission Decision of 4 April 2006
by letter dated 9 May 2006.

13.3.2009

EN

Official Journal of the European Union

L 68/9

(6)

on

the Commission

By letter dated 1 February 2007 the Czech authorities
informed
the modifications
introduced to the notified aid scheme as regards the
purchase of certain types of wagons for the use of
information was
combined
submitted to the Commission on 27 April 2007. By
letter of 28 June 2007, the Czech authorities informed
the Commission on new modifications introduced in the
scheme as regards the purchase of certain types of
wagons for the use of combined transport.

transport. Additional

2. DESCRIPTION OF THE SCHEME

2.1. Objective

(13)

(7)

The aim of the scheme is to develop combined transport
in order to achieve a traffic shift
from freight road
transport to other modes of transport. The scheme is
made up of number of sub-programmes:

(a) sub-programme

construction,
extension and modernisation of existing combined
transport terminals;

1: Aid

the

for

2.4. Type of aid

(12)

The aid will take the form of non-reimbursable subsidies.

Sub-programme 2 provides for aid in form of investment
combined transport
grants
for
equipment,
certain types of
wagons for combined transport.

the
acquisition of
including purchase of

The State aid measures included in sub-programmes 1
and 3 and those within sub-programme 2 with the
exclusion of the aid for the purchase of certain types
of wagons for the use in combined transport were the
object of the Commission Decision adopted on 4 April
2006 whereby the present investigative procedure was
opened. In relation to all other measure excepting the
purchase of certain types of wagons for the use in
combined transport
to
raise any objection. Consequently, the present decision
only concerns the aid for the purchase of certain types
of wagons for use in combined transport.

the Commission decided not

(b) sub-programme 2: Aid for

the

acquisition of

combined transport equipment investment grants;

(14)

(c) sub-programme 3: Aid for the start-up phase of new

combined transport routes.

(8)

(9)

The scheme should mainly increase the use of unaccom­
panied combined transport by improving its competi­
tiveness.

2.2. Legal basis

The legal basis will be the Resolution of the Government
of the Czech Republic on the framework policy for the
development of, and support for combined transport in
the 2006-2010 period.

exclusively and only for

The Czech authorities consider in their notification that
traditional
these special wagons cannot be used for
the
railway services, but
transport of intermodal transport units. These wagons
have a special construction, modified only for
the
transport of intermodal transport units, which makes it
impossible to use these wagons
for carrying goods
carried by traditional railway cars — for example, the
wagons do not have a floor, sidings or end boards, but
are equipped with fixing pieces (twistlocks). The subsidy
will only be provided for these special railway wagons
and the applicant will have to provide their precise speci­
fication and use them for a specific new combined
transport line. The principal objective of the support is
to secure the necessary number of railway wagons for the
respective
railway
wagons for the ‘new’ combined transport systems (e.g.
preparation of
road trailers), which have not been
operated in the Czech Republic so far. The same
principle will be used also for the special road vehicles
for combined transport, and the support will be also
transport units with the
extended to intermodal
exception of ISO containers.

combined transport

line, or

the

2.3. Beneficiaries

(10)

Beneficiaries will be
railway hauliers and operators of terminals.

combined transport operators,

2.5. Intensity, budget and duration

(15)

The aid intensity is 30 % of the eligible costs.

(11) All EU companies having registered offices, agencies,
branches or subsidiaries in the Czech Republic will
have access to the aid.

(16)

The expected budget
CZK 1 580 million (EUR 55 702 450)
programme.

for

the period 2006-2010 is
the overall
for

L 68/10

EN

Official Journal of the European Union

13.3.2009

2.6. Procedure

(17)

The procedure to grant the aid, the project assessment,
the cumulation and the control measures are exactly the
same as those authorised by the Commission in its
decision of 4 April 2006.

(22)

The proposed aid covers the purchase of special railway
wagons intended for use only in combined transport,
which cannot be used for other rail-transport purposes
on account of their special design.

3. REASONS TO OPEN THE FORMAL INVESTIGATION
PROCEDURE: DOUBTS OF THE COMMISSION AS
REGARDS THE COMPATIBILITY WITH THE TREATY
OF THE AIDS TO SPECIAL WAGONS FOR COMBINED
TRANSPORT

(18) As regards the specific part of the aid concerning the
special wagons for combined transport, the Commission
had doubts whether it could be declared compatible with
the EC Treaty.

(19)

In light of the Commission policy encouraging combined
transport, the measure in question could be considered
compatible on the basis of Article 87(3)(c) of the EC
Treaty if, in particular it were ensured that the wagons,
the purchase of which is supported by the aid, can only
be used for combined transport operations. At the stage
of opening procedures, the Commission did not have
sufficient information available in order to definitively
establish that these wagons can only and exclusively be
used in the framework of a combined transport service.

(20) Alternatively, aid granted for the acquisition of rolling
stock not exclusively dedicated to combined transport
could be declared compatible if the beneficiaries of the
aid were only small or medium-size enterprises (SMEs).
Article 4(5) of Commission Regulation (EC) No 70/2001
of 12 January 2001 on the application of Articles 87 and
88 of the EC Treaty to small and medium-sized enter­
prises (3) allows for aid investments in railway wagons
for SMEs.
the aid intensity fixed by
Article 4(2) is 15 % for small and 7,5 % for medium-
In order to apply these provisions,
sized enterprises.
the
the Commission requested the confirmation that
intended measure would only benefit
and
medium-size enterprises and within these thresholds.

In particular,

small

4. COMMENTS FROM THE CZECH REPUBLIC

A. Comments to the decision on opening of the
formal investigation procedure

(21)

In their letter of 9 May 2006, the authorities of the
Czech Republic submitted the following comments.

are of

categories

(23) According to the UIC international letter marking system,
these are wagons in the S category, or possibly the L
category. Category ‘S’ means a flat, bogie wagon of a
specific construction, while category ‘L’ means a flat,
two-axle wagon of a specific construction. Wagons in
special design (specific
a
these
construction), adapted exclusively for
the carriage of
intermodal transport units, which makes it impossible
to use these wagons for carrying goods in the same
way as other railway wagons. The load area of wagons
in these categories comprises a frame-type structure with
fixing pins or other special components or devices which
are
attaching or handling intermodal
transport units. They do not therefore have a full floor,
side walls or stanchions or an end walls, and so it is not
possible to attach to them any type of load other than
intermodal transport units. There are around 100 types
of wagons in these categories in Europe.

essential

for

(24)

(25)

The purpose of the aid for the purchase of the wagons in
question is to help secure the special railway wagons for
the new combined transport routes, or railway wagons
for ‘new’ combined transport systems, which have not
been operated in the Czech Republic at all to date (e.g.
transport of road semi-trailers) or have been operated on
a small scale (e.g. transport of swap bodies).

The special railway wagons,
the acquisition of which
would be funded from public resources, could be used
only in the context of a new combined transport route
and on the conditions laid down in advance in the
resolution referred to in recital 9. The
government
grant may amount
the
overall acquisition costs. The evaluation committee will
assess the number of wagons acquired, the amount of the
grant, the fulfilment of the conditions of the programme
and the quality of the business plan.

to a maximum of 30 % of

(26) At

regular

three-monthly intervals over a prescribed
period, the beneficiary will transmit to the Ministry of
inter alia, information on the operation of a
Transport,
new route and the utilisation of
the railway wagons
acquired by means of the grant. In addition, monitoring
by the Ministry of Transport will focus on accounting
and inventory records and random physical checks on
the wagons concerned.

13.3.2009

EN

Official Journal of the European Union

L 68/11

(27)

(28)

(29)

involve

changing

from a technical
Converting these wagons is difficult
point of view and very costly. Conversion would,
moreover,
the
wagons, which of course requires the approval of the
Railway Administration Authority, a Czech State body.
Wagon conversions would also show up in the wagon
inventory records, which will be the subject of checks by
the Ministry of Transport.

the marking of

for

that

support

these wagons makes

The Czech Republic believes
the
purchase of S or L series railway wagons is compatible
with the Treaty establishing the European Community,
because the very design of
it
them to be used in ordinary rail
impossible
for
transport
and converting these wagons would be
difficult from a technical point of view and would be
very costly. Monitoring the use of
financial resources
will be based, first, on the information which the ben­
eficiary is obliged to transmit
to the Ministry of
Transport, inter alia, concerning the operation of a new
route and the utilisation of the railway wagons acquired
by means of the grant and, second, on the verification of
the beneficiary’s
accounting and inventory records,
including random physical checks on these wagons.

B. Modification of the aid scheme

in order

the aid for

In their letter of 1 February 2007 the Czech authorities
notified the Commission of a modification of the aid
scheme as regards the intensity of
the
purchase of certain types of wagons for the use of
them to the
combined transport
requirements of Regulation (EC) No 70/2001. However,
by letter of 28 June 2007,
the Czech authorities
informed
the Commission on new modifications
introduced in the scheme as regards the purchase of
in
certain types of wagons
order to maintain the provisions of the original notifi­
cation.

for combined transport

to adapt

responsible for the provision of such financial contri­
butions. The Commission concludes that the measure
implies the use of State resources.

(32) As

the

regards

condition of

economic
advantage,
the aid measure applies only to railway
companies who operate combined transport within the
Czech Republic. It therefore favours certain undertakings
or the provision of certain goods.

selective

(33) As regards the condition of distortion of competition and
trade between Member States being affected, when aid
granted by a Member State strengthens the position of an
undertakings
undertaking
competing in intra-Community trade, the latter must be
regarded as affected by that aid (4).

compared with

other

(34)

trade has

and intra-community

Council Directive 92/106/EEC of 7 December 1992 on
the establishment of common rules for certain types of
combined transport of goods between Member States (5)
has liberalised the combined transport operations referred
to in its Article 1 from all quota systems and systems of
authorisation since 1 July 1993. Since then, undertakings
are progressively becoming active in several Member
started to
States,
develop. Competition between economic entities active
in combined transport of goods is thus developing
beyond the boundaries of the different Member States.
The geographical position of the Czech Republic makes
the development of competition between operators of
combined transport within and outside this Member
the
State relatively stronger
Community.
support
combined transport operators which develop activity
in competition with other
within the Czech Republic,
operators who develop their activity in the neighbouring
Member States. As such, it is liable to distort competition
and affects trade between Member States.

intended measure will

than in other parts of

The

5. ASSESSMENT OF THE MEASURE

(35)

(30) According to Article 87(1) of the EC Treaty, any aid
granted by a Member State or through State resources
in any form whatsoever which distorts or threatens to
distort competition by favouring certain undertakings or
the provision of certain goods shall be incompatible with
the common market, in so far as it affects trade between
Member States, save as otherwise provided for in the
Treaty.

In view of those facts, the Commission finds that the
notified aid scheme involves aid within the meaning of
Article 87(1) of the EC Treaty and is hence, in principle,
prohibited by virtue of that Article, unless it may be
deemed compatible with the common market by virtue
of any of the exemptions provided for in the Treaty or
secondary legislation.

(31) As regards the condition of use of State resources, the
measure envisaged establishes that the selected benefi­
ciaries will receive a State contribution. The State is

(36)

In the absence of a more specific provision, the notified
scheme
assessed upon the basis of
Article 87(3)(c) of the Treaty.

can only be

6. APPRAISAL OF THE COMPATIBILITY OF THE AID
MEASURE

L 68/12

EN

Official Journal of the European Union

13.3.2009

certain economic

(37) Article 87(3)(c) states that aid to facilitate the develop­
ment 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.

activities or of

free competition and supply and demand prevail.
in order to fully unleash the potential of
risks
the willingness
in switching from road to the alternative

of
However,
intermodal
inherent
modes, needs to be stimulated.

transport,

to take

(38)

(39)

(40)

(41)

6.1. Objective of common interest

The Community has for some time pursued a policy of
achieving a balanced intermodal transport system and the
fostering of the competitiveness of combined transport
vis-à-vis road is part and parcel of this policy. The aim of
EC combined transport policy is to achieve a modal shift
from road to other modes of transport.

at

fostering

Community instruments such as Directive 92/106/EEC
of
aim explicitly
combined transport, as confirmed in the fourth recital
of
that Directive. The White Paper on Transport
Policy (6) encourages the use of rail and other environ­
mentally friendly modes of transport in order to become
competitive alternatives to road haulage.

development

the

sector,

and is

road freight

Intermodal policy is an initiative to take the pressure off
the
in line with the
conclusions of the European Council of Gothenburg of
June 2001 which has declared that measures helping
modal shift from road transport to more environmentally
the policy for
friendly modes are at
sustainable transport (7).

the heart of

its

the

today, Europe’s

competitiveness of

industry maintains or
Furthermore,
increases
Europe-based
production largely by advanced logistics, optimising
production and distribution, and creating value in the
process.
are
increasingly vulnerable to the decreasing reliability and
increasing costs of road freight. Intermodal logistics will
thus have to become a prime occupation for Europe’s
in order to maintain productive
production industry,
assets and processes in Europe.

sophisticated

supply

chains

These

(43) Many transport

is

difficult,

practical

companies

the
and market-oriented

are operating today in
markets in full restructuring. Their margins are low,
uncertain.
planning
and
Therefore,
support
programmes need to be devised to help the intermodal
take risks and respond to the challenge of
sector
achieving a sustained and large modal shift,
in line
with the targets set in the Commission White Paper of
2001.

future

(44)

The proposed aid is intended for the purchase of special
railway wagons intended for use only in combined
transport, which cannot be used for other rail-transport
purposes on account of their special design.

(45)

(46)

the

that

The Commission considers
explanations
provided by the Czech authorities in their letter dated
9 May 2006, referred to in recitals 20 to 27 of this
Decision, clearly indicate that
the special wagons are
exclusively dedicated to combined transport operations
construction),
special design (specific
due
intermodal
the
adapted exclusively for
transport units, which makes it difficult
to use these
wagons for carrying goods in the same way as other
railway wagons.

carriage of

to their

The Commission in its practice has considered State aid
for the acquisition of equipment designed exclusively for
combined transport (8),
in particular wagons of such
specific conditions (9), compatible with Treaty rules. In
addition,
to
modernise or renew rolling stock in the field of rail
in
transport is necessary in order to avoid further fall
rail transport’s market share compared with other,
less
sustainable
damaging,
transport modes.

the Commission

environmentally

and more

considers

that (10)

6.2. Necessity and proportionality of the aid

(42)

transport

Intermodal
is a complex transport option,
involving various actors with various business models,
in a fragmented and small-scale environment, often still
separated by modal cultures and along national lines. The
Commission recognises that it is in the first place the
task of market operators to improve intermodal transport
within markets, whose access is free and where the rules

6.3. No affectation of trading conditions to an extent
contrary to the common interest

(47)

The Commission considers that in the line with estab­
lished practice (11), the limitation of the planned aid’s
intensity to 30 % will ensure that
trading conditions
are not affected contrary to the common interest.

13.3.2009

EN

Official Journal of the European Union

L 68/13

6.4. Conclusion:

compatibility
Article 87(3)(c) of the EC Treaty

pursuant

to

is compatible with the
for the use of combined transport
common market pursuant to Article 87(3)(c) of the EC Treaty.

(48)

The Commission therefore concludes that the aid for the
purchase of certain types of wagons to be used in
combined transport at issue in the present case can be
considered compatible with the EC Treaty in accordance
with Article 87(3)(c) of the Treaty in as much as they will
not distort trade in a manner contrary to the common
interest,

HAS ADOPTED THIS DECISION:

Article 1

The State aid which the Czech Republic is planning to
implement as regards the purchase of certain types of wagons

Implementation of the aid is accordingly authorised.

Article 2

This Decision is addressed to the Czech Republic.

Done at Brussels, 12 September 2007.

For the Commission

Jacques BARROT
Vice-President

(1) OJ C 150, 28.6.2006, p. 35.
(2) See footnote 1.
(3) OJ L 10, 13.1.2001, p. 33.
(4) See, in particular, Case 730/79 Philip Morris v Commission [1980] ECR 2671, paragraph 11; Case C-53/00 Ferring
[2001] ECR I-9067, paragraph 21; and Case C-372/97 Italy v Commission, [2004] ECR I-3679, paragraph 44.

(5) OJ L 368, 17.12.1992, p. 38.
(6) White Paper; European transport policy for 2010: time to decide, COM(2001) 370.
(7) Accessible at the following web link: http://ec.europa.eu/governance/impact/docs/key_docs/goteborg_concl_en.pdf

(point 29).

(8) Decision of 22 December 2006, Case N 575/06 — Italy (OJ C 139, 23.6.2007, p. 11); Decision of 6 April 2006,
Case N 132/05 — Czech Republic (OJ C 150, 28.6.2006, p. 35); Decision of 8 September 2004, Case N 140/04 —
Austria (OJ C 126, 25.5.2005, p. 10); Decision of 19 February 2002, Case N 566/02 — Belgium (OJ C 248,
16.10.2003, p. 3); Decision of 11 November 2003, Case N 134/01 — Italy (OJ C 311, 20.12.2003, p. 18);
Decision of 24 July 2002, Case N 833/01 — Italy (OJ C 242, 8.10.2002, p. 8); Decision of 22 October 1997,
Case N 79/97 — The Netherlands (OJ C 377, 12.12.1997, p. 3); Decision of 4 May 1999, C 21/98 — Italy (OJ L 227,
28.8.1999, p. 12); Decision of 21 December 2000, N 508/99 — Italy (OJ C 71, 3.3.2001, p. 21); and Decision of
8 July 1999, Case N 121/99 — Austria (OJ C 245, 28.8.1999, p. 2).

(9) Decision of 27 February 2002, Case C 644/01 — Austria (OJ C 88, 12.4.2002, p. 16). See also Decision of
12 September 2007, Case N 76/07 — Austria (not yet published in the Official Journal of the European Union).
(10) Decision of 20 December 2006, Case C 46/04 (ex NN 65/04) — France, recitals 176 and 177 (OJ L 112, 30.4.2007,

p. 41).

(11) See Commission Decision of 22 December 2006, Case N 575/06 — Italy — Region of Friuli-Venezia Giulia —
prolongation of the existing authorised aid scheme N 134/01 — Italy — Region of Friuli-Venezia Giulia — Draft Law
No 06/1-A — Aid for the establishment of infrastructure and services in the goods transport sector, for the
restructuring of road haulage and the development of combined transport
(not yet published); Commission
Decision of 13 September 2006, Case N 196/06 — Austria — Guidelines on aid for transhipment systems in
intermodal transport (OJ C 280, 18.11.2006); Decision of 6 April 2006, State aid N 132/05 — Czech Republic (OJ
C 150, 28.6.2006, p. 35); Commission Decision of 25 January 2006, Case N 247/04 — Belgium — Aide au
transport combiné de Région wallonne (OJ C 136, 3.6.2005, p. 43); Commission Decision of 25 January 2006,
N 160/05 — Poland — Aid scheme for development of
intermodal systems (OJ C 272, 9.11.2006, p. 10);
Commission Decision of 16 March 2005, Case N 238/04 — Germany — Aid scheme for funding of new
combined transport traffic (OJ C 136, 3.6.2005, p. 43); Commission Decision of 19 February 2002, N 566/02
— Belgium — Decision of the Flemish Government on aid for combined transport in the context of economic
expansion legislation (OJ C 248, 16.10.2003); Commission Decision of 9 December 1998, Case N 598/98 — The
Netherlands (OJ C 29, 4.2.1999, p. 13); Commission Decision of 8 July 1999, Case N 121/99 — Austria (OJ C 245,
28.8.1999, p. 2); Commission Decision of 4 May 1999, Case N 508/99 — Italy — Region of Bozen-Alto Adige —
Law 4/97 (OJ C 71, 3.3.2001, p. 21); Commission Decision of 15 November 2000, Case N 755/99 — Italy —
Region of Bozen-Alto Adige — Law No 8/98 (OJ C 71, 3.3.2001, p. 19).