State Aid Requirements for Services of General Economic Interest (SGEI)

Intensive Training

21-22 May 2019 | Ghent (near Brussels)

Phedon NicolaidesProfessor at the Maastricht University, visiting Professor at College of Europe in Bruge, and Academic Director at

lexxion training

DAY 1• Concept and Definition of SGEI

• Recent developments on the SGEI in the case law

• SGEI Package (2012): SGEI Communication & Altmark Criteria, de minimis Regulation, SGEI Decision and Framework

• How to Define the Market Gap and Justify Imposition of a Public Service Obligation

DAY 2• Critical Issues in the Design of Altmark-compliant Measures

• Practical Application of SGEI in various sectors:

Energy: The interaction between SGEIs and energy funding

Postal Services

Social Sector: Public Funding of Hospitals, Social Housing, insurance and other services

Alberto Di MajoCase Handkler, DG Competition, European Commission

Alessandra FranchiCase handler, DG Competition, European Commission

Péter StaviczkyState Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium

Marie-Therese Richter-KuhnertEnergy Lawyer, Energy Community Secretariat, Vienna, Austria

https://www.lexxion.eu/en/events/3595/

State Aid Requirements for Services of General Economic Interest (SGEI)21-22 May 2019 | Ghent (near Brussels)

General information

Current Challenges for ResponsibleAuthorities

The link between State Aid Law and the provision of SGEI causes uncertainty among public authorities as they face a conflict of interests: On the one hand, public bodies are obligated to guarantee the supply of public services. On the other hand the providers of SGEI may not be overcompensated and competition may not be distorted. Furthermore, each Member State has the discretion to define which services fall under the SGEI, so the same service can be qualified in different way.Learn when the compensation for SGEI constitutes State aid and get advice from experts from the European Commission, other Member States and leading law offices.

Methodology

The participants will be actively involved in the training. The sessions will combine presentations, case studies and discussion on practical problems. You will have ample opportunities to present your own problematic issues and discuss them with the speakers and participants from other Member States.

Just send to us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the training. All information concerning such problems and cases will be treated confidentially.

Participants will receive extensive materials:

All presentations shown during the training (inclusive online access to all presentations after the training)

Confirmations of Participation

Selection of corresponding journals published by Lexxion

Who should participate?

The regulations on State Aid for SGEI concerns in particular:

• State Aid Monitoring Offices in the Member States

• National Ministries and Agencies involved in the regulation and provision of public services, such as: Ministries for:

o Social Affairs

o Health

o Transport

o Infrastructure

o Telecommunication

o Economy and Energy

• Regional and Communal Governments and City Councils concerned with the provision of social services, health care, public transportation, energy and water supply, waste management and of other public services

• Companies providing public services both on national and local level

• Lawyers and consultants specialised in public affairs

Why should you participate?

Learn more about treaty provisions that apply to services and SGEI

Gain insight into the methods of calculating compensation

Apply your updated knowledge in various workshops and group exercises

Analyse your problems and discuss your questions with experts from public and private practice

Meet State aid experts from many different Member States

“The topics were explained very well and their practical application were explained very clearly. The speakers chosen were all an excellent choice.”

Participant of a previous edition of theTraining on State Aid & SGEI

09:00 Welcome note by Lexxion and chair;

Introduction of participants

Phedon Nicolaides, Professor at the Maastricht

University, visiting professor at College of

Europe, and lexxion training Academic Director

Concept and Definition of SGEI

09:30 Provisions on SGEI in the TFEU

• What is a service of general economic

interest and how it may differ from a service

of general interest?

• Main characteristics of an SGEI

• The extent of the discretion of Member

States and how to avoid errors in defining

SGEI

Phedon Nicolaides

10:15 Recent Developments on SGEI in the Case Law

• Economic activity and the BUPA case

• Scope of discretion of a Member State

• Manifest error

• Meaning of Art. 106

Phedon Nicolaides

11:15 Coffee break & networking

SGEI Package

11:45 The SGEI Communication & Altmark Criteria

• Guidance on whether support constitutes

state aid

• General elements of the notion of aid:

undertaking, state resources, effect on trade

• The four Altmark conditions: Entrustment

act, parameters of compensation, no

overcompensation, efficiency

Alberto Di Majo, Case Handler, DG Competition,

European Commission

12:30 Lunch

13:30 The SGEI de minimis Regulation

• Basic principles and formalities

• De minimis and other rules

Alberto Di Majo

13:45 The SGEI Decision

• Scope, formalities and information

requirements

• Rules for compensation (revenues, costs,

profit)

Alberto Di Majo

14:15 Coffee break

14:30 The SGEI Framework

• Rules for compensation and efficiency

incentives

• In-depth assessment

Alberto Di Majo

15:15 Coffee break

Practical Challenges in Funding of SGEI

15:30 How to Define the Market Gap and Justify Imposition of a Public Service Obligation• SGEI definition in relation to what the

market does not supply• The importance of a correct SGEI/PSO

definition• Under which conditions is compensation

necessary• Identifying eligible costs• Permissible amount of compensation• Preventing over-compensation and cross-

subsidisation

Phedon Nicolaides

17:00 Round‐table discussion on the important lessons to be drawn from the day’s proceedings

Phedon Nicolaides

17:30 End of the day 1

State Aid Requirements for Services of General Economic Interest (SGEI)21-22 May 2019| Ghent (near Brussels)

Programme DAY 1

State Aid Requirements for Services of General Economic Interest (SGEI)21-22 May 2019| Ghent (near Brussels)

Programme DAY 2

Just send us your cases and questions in advance!

We will forward them to our speakers, who will include your issues in the programme and answerthem during the workshop. All informationconcerning your questions and cases will be treatedconfidentially.

13:45 Coffee break & networking opportunity

SGEI and Social Sector

14:15 Public Funding of Hospitals

Péter Staviczky

15:00 Social Services (Social Housing, insurance, andother services)

Péter Staviczky

16:00 Round-table discussion on lessons to be drawn from the training and typical mistakes to avoid

Phedon Nicolaides

16:15 End of the training

08:30 Sum up of the content of Day 1

SGEI and Energy

09:00 Case study

Marie-Therese Richter-Kuhnert, Energy Lawyer, Energy Community Secretariat, Vienna, Austria

10:00 Coffee break & networking opportunity

SGEI and Postal Services

10:30 • How to set the universal service targets for

the Post

• How to calculate the public service

compensation

• Case study: the Royal Post (UK)

Alessandra Franchi, Case Handler, DG Competition, European Commission

Practical Challenges in Funding SGEI cont.

11:15 Critical issues in the Designing of Altmark-

compliant Measures

Péter Staviczky, State Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium

12:30 Lunch Break

Chair

Phedon NicolaidesProfessor at the Maastricht University, visiting Professor at College of Europe, and Academic Director at lexxiontraining

Dr. Nicolaides has been educated in the United States, theNetherlands and the United Kingdom and has a PhD in economicsand a PhD in law. He has acted as consultant to a number ofpublic authorities in various EU Member States and tointernational institutions and organisations such as the EuropeanCommission, the European Investment Fund, the EuropeanEconomic and Social Committee, the OECD and the UN. He haspublished extensively on competition policy, State aid, and policyimplementation. During the past 15 years, he has carried outtraining activities on State aid in most EU Member States.

Speakers

Péter StaviczkyState Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium

Studied law at the Pázmány Péter Catholic University Faculty ofLaw (1996-2001) and Comparative Law at the InternationalFaculty of the University Robert Schuman Strasbourg (1999-2002). He did a banking-lawyer postgraduate training (2000-2002) and took part in the common European specialist course ofthe Ministry of Foreign Affairs and the French École Nationald’Administration in spring 2002. He has been working at the StateAid Monitoring Office in Budapest since 2001. In 2007, he wasappointed as head of the unit. He is a regular speaker at theseminars on State aid. Since January 2011 he is the attachéresponsible for State aid at the Permanent Representation ofHungary to the EU in Brussels.

Alberto Di MajoCase Handler, DG Competition, European Commission

Alessandra FranchiCase handler, DG Competition, European Commission

Marie-Therese Richter-KuhnertEnergy Lawyer, Energy Community Secretariat, Vienna, Austria

State Aid Requirements for Services of General Economic Interest (SGEI)21-22 May 2019| Ghent (near Brussels)

Experts

What participants said about our previoustrainings on State Aid Requirements for SGEI:

”The training was of high quality and very well designed. It surely was of use for those with less knowledge of the subject (as myself) as well for those with in-depth knowledge.”

“Detailed, relevant and informative course with hands on application given by knowledgeable, practical and very prepared speakers. A great course experience which I highly recommend and look forward to repeat.”

“Informative and straight to the point”

Upcoming events

State Aid for Assessment and Evaluation

Brussels, 6-7 May 2019

In this 2-day intensive training, our experts will examine and explain how ex-ante assessment and ex-post evaluation of State aid measures can be effectively achieved with the use of well-established methodologies.

State Aid for R&D&I

Brussels | 18-19 June 2019

This intensive 2-day training is an advanced training for officials, professionals and beneficiaries who have knowledge of State Aid and are implementing/advising various funding for smart growth projects.

Venue

Ghent Marriott HotelKorenlei 10, 9000 Ghent, BelgiumTel.: +32 92 33 93 93

Participation fee

□ YES, I would like to participate for the reduced fee for public authorities EUR 1240,00 (excl. VAT).

□ YES, I would like to participate for the regular fee ofEUR 1640,00 (excl. VAT).

□ YES, I am European State Aid Law Quarterly - EStAL-subscriber (100€ discount if applicable).

The Belgian VAT of 21% will be added where applicable.

The participation fees include the workshop material, drinks and snacks during the breaks and lunch.

Newsletter subscription

□ Please send me information about State Aid issues for free. I may unsubscribe from this service any time.

CancellationsCancellations should be made in writing per post or fax. Please notethat the full fee will be charged for cancellations received after 5th

May 2019 (included illness or impediment which prevents her or himfrom fulfilling her or his duties). Nomination of a substitute remainspossible. A cancellation arising by reason of too small a number ofparticipants is effected no later than two weeks prior to the seminar.In this case the participation fee will be refunded. A requirement forreimbursement of travel and accommodation expenses as well asloss of working hours is not possible, unless such costs result fromwantonly negligent or deliberate behaviour on the part of theorganiser. For more detailed information, scope and conduct ofcontract as well as cancellation policy, please check the Terms &Conditions on our website.

Please register with:

Enrica CorpaceConference ManagerLexxion PublisherGüntzelstr. 63 | 10717 Berlin, GermanyPhone: +49 (0)30-81 45 06-27Fax: +49 (0)30-81 45 06-22E-mail: corpace@lexxion.euonline: www.lexxion.eu/events

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State Aid Requirements for Services of General Economic Interest (SGEI)21-22 May 2019 | Ghent (near Brussels)

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