2.3.2022
EN
Official Journal of the European Union
L 64/55
6.3.1.4.
Duration of the period of entrustment (311) As indicated in paragraph 17 of the 2011 SGEI Framework, ‘the duration of the period of entrustment should be justified by reference to objective criteria such as the need to amortise non-transferable fixed assets.
In principle, the duration of the period of entrustment should not exceed the period required for the depreciation of the most significant assets required to provide the SGEI.’
(312) Italy indicated that the duration of the extension has been set in reference to the period required for the depreciation of the assets employed in the provision of the SGEI.
In particular, the total duration of the initial Convention as prolonged amounts to just over 22 years.
Vessels are the most significant assets required to provide the public service.
The depreciation period for vessels used for ferry services is usually long and can exceed 25 years.
(313) Italy has provided the Commission with the depreciation value of Toremar’s vessels for the period 2009-2011.
The Commission notes that, at the time of the prolongation of the initial Convention, five out of eight vessels had already been fully depreciated, whereas the remaining three vessels, not yet depreciated, had an average age of 21,5 years.
(314) Although, the depreciation period has lapsed for most of the vessels used by Toremar during the extension of the initial Convention, the Commission notes that extending the period for 3 years was necessary to ensure the continuity of the public service until the completion of the privatisation process.
Taking into account, additionally, the average age of the remaining vessels whose value had not yet been fully depreciated and the average length of the depreciation of vessels used for ferry services, the Commission concludes that the duration of the entrustment act is sufficiently justified and that paragraph 17 of the SGEI Framework is complied with.
6.3.1.5.
Compliance with Directive 2006/111/EC (315) According to paragraph 18 of the 2011 SGEI Framework, ‘aid will be considered compatible with the internal market on the basis of Article 106(2) of the Treaty only where the undertaking complies, where applicable, with Directive 2006/111/EC’ of the Commission on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (86).
(316) Furthermore, paragraph 44 of the 2011 SGEI Framework requires that: ‘Where an undertaking carries out activities falling both inside and outside the scope of the SGEI, the internal accounts must show separately the costs and revenues associated with the SGEI and those of the other services in line with the principles set out in paragraph 31.’
(317) Italy has confirmed that Toremar has only been active in providing public services under the initial Convention.
(318) Therefore, the Commission considers that paragraph 18 of the SGEI Framework is not applicable.
6.3.1.6.
Amount of compensation (319) Paragraph 21 of the 2011 SGEI Framework states that ‘[...] the amount of the compensation must not exceed what is necessary to cover the cost of discharging the public service obligations, including a reasonable profit’.
(320) In the case at hand, since the compensation constitutes illegal aid granted before its entry into force, paragraph 69 of the 2011 SGEI Framework specifically provides that, for the purpose of the State aid assessment, the use of the net avoided cost methodology is not required.
Instead, alternative methods for calculating the net cost necessary to discharge the public service obligations, such as the methodology based on cost allocation can be used.
Under the latter methodology, the net cost would be calculated as the difference between the costs and the revenues for a designated provider of fulfilling the public service obligations, as specified and estimated in the entrustment act.
Paragraphs 28 to 38 of the 2011 SGEI Framework set out in more detail how this methodology should be applied.
(86) Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ L 318, 17.11.2006, p. 17).