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State aid in the Energy Sector: State aid Guidelines

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Francesco Maria Salerno (Cleary Gottlieb LLP) presents on the new approaches to State aid in the energy sector, considering the State aid Guidelines

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State aid in the Energy Sector: State aid Guidelines

  1. 1. © 2014 Cleary Gottlieb Steen & Hamilton LLP. All rights reserved. Throughout this presentation, “Cleary Gottlieb” and the “firm” refer to Cleary Gottlieb Steen & Hamilton LLP and its affiliated entities in certain jurisdictions, and the term “offices” includes offices of those affiliated entities. Francesco Maria Salerno State aid and energy – a new approach? Some remarks on the new State aid Guidelines
  2. 2.  Existing guidelines ill-equipped to deal with new challenges: increased RES penetration, in turn triggering generation adequacy concerns; costs of energy policies for energy- intensive users  Consultation ended in February. Adoption expected by year end.  Main features: New rules for RES generation; New aid measures: reductions in funding support for RES electricity /Infrastructure /Generation adequacy Why do we need new State aid energy guidelines ? 2 RES support levels by country and technology (2011) - CEER
  3. 3. A closer look at three novelties
  4. 4.  Several provisions on aid for RES and generation adequacy aim at preserving the internal market 1- State aid as a tool to foster market integration 4
  5. 5. 2013 Communication Delivering the internal electricity market and making the most of public intervention  State intervention is pervasive and mostly through State aid  Several provisions attempt to shape that intervention 2. State aid as a regulatory tool 5
  6. 6.  The rule in the Guidelines provides for a suitable transition period (provided there is ‘confirmation’)  BUT beware of overcompensation 3. State aid: past, present and future 6
  7. 7. A few lessons to take home…that is, from Vienna to Brussels 7
  8. 8. www.clearygottlieb.com NEW YORK WASHINGTON PARIS BRUSSELS LONDON MOSCOW FRANKFURT COLOGNE ROME MILAN HONG KONG BEIJING BUENOS AIRES SÃO PAULO ABU DHABI SEOUL

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