Competition and State aid
State aid
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Secretariat’s actions
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Supporting
- The Secretariat supports Contracting Parties in transposing and implementing the provisions of the State aid acquis contained in the Treaty establishing Energy Community.
- The Secretariat reviews drafted national legislation and provides feedback.
- The Secretariat provides assessments and investigates complaints, inter alia, related to State aid.
- The Secretariat provides support to national State aid authorities in terms of application and interpretation of State aid law.
- The Secretariat engages in capacity building for national State aid authorities.
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Monitoring
- The Secretariat tracks implementation progress and compliance.
- The Secretariat monitors enforcement of State aid rules by the national State aid authorities.
- The Secretariat presents and publishes its assessment of the implementation performance of the Contracting Parties in the Annual Implementation Report.
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Supporting
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Timeline and tasks
Tasks
Enforcement of the Energy Community State aid acquis takes place at national level through the State aid authorities of each Contracting Party, as listed below.
Contracting Party National Competition Authority Albania State Aid Commission - arm of the Ministry of Finance and Economy Bosnia and Herzegovina State Aid Council Georgia Competition and Consumer Agency Kosovo* State Aid Commission - not functional
State Aid Control Department of the Ministry of Finance, Labour and TransfersMoldova Competition Council Montenegro Agency for Protection of Competition North Macedonia Commission for Protection of Competition Serbia Commission for State Aid Control
Department for State Aid Control of the Ministry of FinanceUkraine Antimonopoly Committee of Ukraine -
Legal basis and purpose
Legal basis and purpose
- Under Article 3 (a) of the Treaty establishing Energy Community, the Contracting Parties shall implement the acquis on State aid (with appropriate adaptations) as per Article 18 (1) and Annex III (Article 87 of the Treaty establishing the European Community referred to in Article 18(2), that is to say, Article 107 of the Treaty on the Functioning of the European Union).
- Article 18 of the Treaty establishing Energy Community contains rules prohibiting any public aid which distorts or threatens to distort competition by favouring certain undertakings or certain energy resources. The State aid authorities of the Contracting Parties are enforcers of these rules.
- Under Article 3 (a) of the Treaty establishing Energy Community, the Contracting Parties shall implement the acquis on State aid (with appropriate adaptations) as per Article 18 (1) and Annex III (Article 87 of the Treaty establishing the European Community referred to in Article 18(2), that is to say, Article 107 of the Treaty on the Functioning of the European Union).
REFERENCE DOCUMENTS
EXTERNAL RESOURCES