C 280/6
EN
Official Journal of the European Union
21.7.2022
activities on energy markets, the amount of the loan may be increased to cover the liquidity needs derived from these activities for the coming 12 months.
The liquidity needs already covered by aid measures under the COVID-19 Temporary Framework shall not be covered by the current Communication.
The liquidity needs should be established through self-certification by the beneficiary (***); _____________ (*) Relevant justification could relate to beneficiaries active in sectors that are particularly affected by direct or indirect effects of the Russian aggression, including restrictive economic measures taken by the Union and its international partners, as well as counter measures taken by Russia.
Those effects may include disruptions of supply chains or outstanding payments from Russia or Ukraine, increased price volatility on energy markets and related collateral needs, increased risks of cyber-attacks, or rising prices for specific inputs or rawmaterials affected by the current crisis.
(**) As defined in Annex I to the General Block Exemption Regulation.
(***) The liquidity plan may include both working capital and investment costs.’
29.
Point 51 is replaced by the following: ‘51.
Beyond the existing possibilities available in accordance with Article 107(3)(c) TFEU and the possibilities set out in this Communication, temporary support could alleviate exceptionally severe increases in the price of natural gas and electricity, which undertakings may not be able to pass on or adapt to in the short-term.
This could mitigate the consequences for undertakings and help them cope with the steep cost increases as a consequence of the current crisis.
Against the background of further reductions in gas supplies, it is on the other hand also important to maintain incentives for demand reductions and gradually prepare undertakings to shift towards reducing gas consumption.
Additional support may currently still be warranted to enable continued activity of energy-intensive undertakings.’
30.
Point 52 is replaced by the following: ‘52.
The Commission will consider such State aid compatible with the internal market on the basis of Article 107(3)(b) TFEU, provided the following conditions are met: a.
The aid is granted no later than 31 December 2022; (*) b.
The aid may be granted in the form of direct grants, tax (**) and payment advantages or other forms such as repayable advances, guarantees (***), loans (****) and equity provided the total nominal value of such measures does not exceed the applicable aid intensity and aid ceilings.
All figures used must be gross, that is, before any deduction of tax or other charge; c.
Aid granted in the form of repayable advances, guarantees, loans or other repayable instruments may be converted into other forms of aid such as grants, provided the conversion takes place by 30 June 2023 at the latest; d.
The aid is granted on the basis of a scheme with an estimated budget.
Member States may limit the aid to activities that support specific economic sectors of particular importance to the economy or to the security and resilience of the internal market.
However, such limits need to be designed broadly and not lead to an artificial limitation of potential beneficiaries; e.
For the purposes of this section, eligible costs are calculated based on the increase in natural gas and electricity costs linked to the Russian aggression against Ukraine.
The maximum eligible cost is the product of the number of units of natural gas and electricity procured by the beneficiary (*****) from external suppliers as a final consumer (******) between 1 February 2022 and 31 December 2022 at the latest (“eligible period”) and increase in the price that the beneficiary pays per unit consumed (measured for example in EUR/MWh), which must be calculated as the difference between the unit price paid by the beneficiary in a given month in the eligible period and twice (200 %) the unit price paid by the beneficiary on average in the reference period from 1 January 2021 until 31 December 2021 (*******).
As from 1 September 2022, the quantity of natural gas and electricity used to calculate the eligible costs must not exceed 70 % of the beneficiary’s consumption for the same period in 2021;