The European Commission's regulation increasing tariffs on US exports into the EU worth $4 billion has been published in the Official Journal of the EU. The countermeasures have been agreed by EU member states since the U.S. has not yet provided the basis for a negotiated settlement, which would include an immediate removal of US tariffs on EU exports in the Airbus WTO case. The World Trade Organization (WTO) formally authorized the EU on 26 October to take such countermeasures against illegal US subsidies to aircraft maker Boeing.
The measures will take effect as from today. The European Commission stands ready to work with the US to settle this dispute and also to agree on long-term disciplines on aircraft subsidies. An Economy that Works for People Executive Vice President and Trade Commissioner Valdis Dombrovskis, said: “We have made clear all along that we want to settle this long-running issue. Regrettably, due to lack of progress with the U.S., we had no other choice but to impose these countermeasures. The EU is consequently exercising its legal rights under the WTO's recent decision. We call on the U.S. to agree to both sides dropping existing countermeasures with immediate effect, so we can quickly put this behind us. Removing these tariffs is a win-win for both sides, especially with the pandemic wreaking havoc on our economies. We now have an opportunity to reboot our transatlantic cooperation and work together towards our shared goals.”
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Portugal extends COVID-19 air travel curbs until mid May
Portugal is extending until 16 May flight restrictions that stop non-essential travel from countries including Brazil with high coronavirus incidence rates, and added India to the list due to the rapid rise in infections there.
Travellers from countries where 500 or more cases per 100,000 people have been reported over a 14-day period - which also include South Africa, France and the Netherlands - can only enter Portugal if they have a valid reason, such as for work or healthcare, the government said on Saturday.
Arrivals must then quarantine for 14 days.
The decision on India means Portugal is joining a growing number of countries imposing such restrictions. Neighbouring Spain also on Saturday said passengers arriving there from India must go into quarantine for 10 days to avoid spreading COVID-19, a government bulletin said. Read more
Portugal said people from countries where the incidence rate is 150 or more COVID-19 cases per 100,000 inhabitants, such as Spain and Germany, can also travel by plane to the country only for essential reasons.
They will have to present proof of a negative COVID-19 test taken within 72 hours of departure for Portugal. Those without a test will have to take one on arrival and wait for the result at the airport.
The extension of air travel restrictions came on the same day most of Portugal moved to the final phase of a gradual easing of rules imposed in January to tackle what was then the world's worst COVID-19 surge.
As infections dropped sharply, lockdown restrictions started to be eased in mid March. Schools, restaurants and cafes, shopping malls, museums and other non-essential services have since reopened, but under strict rules to reduce contagion risk.
Portugal's 1,200 km land border with Spain also reopened on Saturday after more than three months of restrictions and border checks.
Rome Fiumicino and Ciampino Airports the first in Europe to achieve Airport Carbon Accreditation Level 4+
|Aeroporti di Roma, the operator of Rome’s Fiumicino and Ciampino airports, has achieved the highest level of the Airport Carbon Accreditation programme: Level 4+ 'Transition', the first in Europe to do so.|
To achieve this recognition, airports are required to reduce their CO2 emissions in line with global climate goals, to influence other parties active within the airport site to achieve effective reductions, and to compensate for their residual emissions with reliable carbon credits. Only two other airports in the world have achieved this level of carbon management performance so far: Dallas Fort Worth International in the US and Delhi Indira Gandhi International in India, while Christchurch International Airport has reached Level 4 Transformation.
Since 2011, after obtaining the first Airport Carbon Accreditation certification, Aeroporti di Roma has continuously reduced carbon emissions under its control and driven broader reductions within the airport system through an engagement plan involving all stakeholders. Rome Fiumicino Airport has been a carbon neutral airport since 2013, and was joined shortly thereafter by Ciampino Airport.
In order to accelerate their progress to reach the objectives of the Paris Agreement and achieve Level 4+, Aeroporti di Roma has set out a plan to eliminate all of its own CO2emissions and thus achieve net zero CO2 emissions by 2030. This ambitious target, when achieved, will set the airports 20 years ahead of the curve on the global climate neutrality objectives.
“This noteworthy recognition testifies to our strong commitment to environmental issues and to our willingness to continue tenaciously on this path, convinced of the need to increasingly integrate sustainability and innovation into our core business.” said the CEO of Aeroporti di Roma, Marco Troncone. “In view of the carbon-intensive nature of the aviation sector and to preserve the connectivity of the future, ADR's strategy is oriented towards the rapid decarbonisation of the airports it manages. In fact, we are aiming to reach zero CO2 emissions by 2030, long in advance of the European references for the sector, with a plan mainly aimed at renewable sources and electric mobility.”
Aeroporti di Roma specifically contributes to the reduction of the overall emissions of the various stakeholders operating at the airport by: Making Sustainable Aviation Fuel available to airlines by 2024 Promoting electric mobility at the airport, with the installation of 500 charging stations for electric vehicles and completely renewing its own fleet Building large photovoltaic plants at the airport for a total capacity of 60 MW Joining the EP-100 of The Climate Group's global initiative on the smarter use of energy, with the ambitious commitment to increase its energy productivity by 150% by 2016.
ACI EUROPE Director General Olivier Jankovec said: “We are absolutely thrilled with Aeroporti di Roma’s excellent achievement! When launching the new levels of Airport Carbon Accreditation last year, amid the direst of crises ever witnessed by the aviation sector, we were propelling an industry-wide ambition that was suddenly stripped of the vital resources to fulfill it. Decarbonisation is an especially costly endeavour for businesses in the so-called “hard-to-abate” sectors, of which aviation is a prime example. Moving past these challenges and reaching the highest level of Airport Carbon Accreditation at this time is an exceptional achievement on the part of Rome Airports. I would like to wholeheartedly congratulate and thank each person involved in this success.
He added: “The track record of our members, and our industry, illustrates that we lead the way in the airport decarbonisation worldwide. Through the ongoing ambition of our Airport Carbon Accreditation programme, further enhanced through the introduction of two new accreditation levels, our close involvement in the European aviation sector’s recent Destination 2050 roadmap, and our call for the EU to join us in a Pact for Sustainable Aviation this year, we continue to strive towards our climate goals in tangible and actionable ways. Our ambition remains undimmed.”
Commission approves €4 billion French measure to recapitalize Air France
The European Commission has approved French plans to grant up to €4 billion for the recapitalization of Air France through its Holding company. The measure was approved under the state aid Temporary Framework.
Executive Vice President Margrethe Vestager, in charge of competition policy, said: “France will contribute up to €4 billion to reinforce Air France's equity and help the airline face financial difficulties resulting from the coronavirus outbreak. At the same time, the public support will come with strings attached, in particular to ensure the French state is sufficiently remunerated, and further measures to limit distortions of competition. In particular, Air France has committed to make available slots at the congested Paris Orly airport, where Air France hold significant market power. This gives competing carriers the chance to expand their activities at this airport, ensuring fair prices and increased choice for European consumers.”
The French recapitalization measure
Air France is a major network airline operating in France. It is owned by the Air France-KLM Holding company, in which the French state holds a 14.3% participation. With a fleet of over 300 planes, Air France plays a very important role in the French economy, in terms of employment and connectivity for many French regions including those overseas (Départements et Régions d'outre-mer DOM-TOM).
In 2019, the Air France-KLM airline group reported an annual operating profit of approximately €750 million. However, as a result of the travel restrictions introduced by France and by many destination countries to limit the spread of the coronavirus, Air France and its Holding company have suffered a significant reduction of their activities, leading to major operating losses.
In this context, France notified to the Commission under the Temporary Framework a recapitalisation of up to €4 billion of Air France and its Holding company. The recapitalisation by France, which is part of the first step of the recapitalisation plan of the group, comprises:
(ii) a capital injection by the State , through the subscription of new shares in a share capital increase opened to existing shareholders and the market, in a limit of €1 billion depending on the size of this operation.
KLM, the other strategic subsidiary of the Air France-KLM group, will not benefit from the aid. Among others, this is ensured by (i) the specific features of the aid instruments; (ii) the corporate and governance structure of the Air France-KLM group; and (iii) a commitment that relationships between Air France and its Holding, on the one hand, and KLM, on the other hand, will continue to be based on market terms.
The Commission found that the French measure is in line with Article 107(3)(b) TFEU and the conditions set out in the Temporary Framework. In particular, as regards:
- Conditions on the necessity, appropriateness and size of intervention: The capital injection will not exceed the minimum needed to ensure the viability of Air France and its Holding company, and will not go beyond restoring their capital positions compared to before the coronavirus outbreak.
- Conditions on the State's entry in the capital of companies and remuneration: The recapitalization aid will prevent an insolvency of Air France and its Holding company, which would have serious consequences on French employment, connectivity and foreign trade. The French state will receive an appropriate remuneration for the investment and there are additional mechanisms in place to incentivise Air France and its Holding company to buy back the State's equity participation obtained as a result of the recapitalisation.
- Conditions regarding the exit of the State from the capital of the companies concerned: France committed to work out a credible exit strategy within 12 months after the aid is granted, unless the State's intervention is reduced below the level of 25% of equity by then. If six years after receiving the recapitalisation aid, the State's shareholding in the Holding is not significantly reduced in line with the Temporary Framework, a restructuring plan for Air France will be notified to the Commission.
- Conditions regarding governance: Until 100% of the recapitalisation is redeemed , Air France and its Holding company are subject to bans on dividends, non-mandatory coupon payments and share buybacks. Moreover, until at least 75% of the recapitalisation is redeemed (in line with the conditions under the Temporary Framework), a strict limitation of the remuneration of their management, including a ban on bonus payments, is applied. These conditions also aim at incentivising Air France, its Holding company and its owners to buy back the State's equity participation obtained as a result of the recapitalisation as soon as the economic situation allows.
- Prohibition of cross-subsidisation and acquisition ban: To ensure that Air France and its Holding company do not unduly benefit from the recapitalisation aid by the State to the detriment of fair competition in the Single Market, they cannot use the aid to support economic activities of integrated companies that were in financial difficulties prior to 31 December 2019. Moreover, until at least 75% of the recapitalisation is redeemed, Air France and its Holding company are in principle prevented from acquiring a stake of more than 10% in competitors or other operators in the same line of business.
- Commitments to preserve effective competition: Air France will benefit from a recapitalisation measure above €250m and holds a significant market power in Paris Orly airport, where Air France has a large presence. That airport is structurally highly congested, meaning that airlines cannot get access to the landing and take-off slots that they request for their operation at the airport. Therefore, in line with requirements of the Temporary Framework, additional measures to preserve effective competition are necessary. These consist in Air France making available up to 18 slots per day at Paris Orly airport to a competing carrier. These measures will enable the lasting entry or expansion of a competing carrier at this airport, to the benefit of consumers. In addition, these measures require that the competing carrier obtaining Air France's slots bases its aircraft and crews at Paris Orly airport, in compliance with national and EU labour laws.
- Public transparency and reporting: Air France and its Holding company will have to publish information on the use of the aid received, including on how the use of the aid received supports the companies' activities in line with EU and national obligations linked to the green and digital transformation.
- Monitoring: A trustee, who will have to be appointed by Air France and its Holding before 5 May 2021, will monitor and ensure, under the Commission's instructions, compliance with the different commitments. The trustee will report periodically to the Commission.
The Commission concluded that the recapitalisation measure will contribute to manage the economic impact of the coronavirus outbreak in France: the measure aims at restoring the balance sheet position and liquidity of Air France and its Holding company in the exceptional situation caused by the coronavirus pandemic, while maintaining the necessary safeguards to limit competition distortions. It is necessary, appropriate and proportionate to remedy a serious disturbance in the economy of a member state, in line with Article 107(3)(b) TFEU and the conditions set out in Temporary Framework.
On this basis, the Commission approved the measure under EU state aid rules.
The Commission has adopted a Temporary Framework to enable Member States to use the full flexibility foreseen under State aid rules to support the economy in the context of the coronavirus outbreak. The Temporary Framework, as amended on 3 April, 8 May, 29 June, 13 October 2020 and 28 January 2021, provides for the following types of aid, which can be granted by member states:
(i) Direct grants, equity injections, selective tax advantages and advance payments of up to €225,000 to a company active in the primary agricultural sector, €270,000 to a company active in the fishery and aquaculture sector and €1.8 million to a company active in all other sectors to address its urgent liquidity needs. Member states can also give, up to the nominal value of €1.8 million per company zero-interest loans or guarantees on loans covering 100% of the risk, except in the primary agriculture sector and in the fishery and aquaculture sector, where the limits of €225,000 and €270,000 per company respectively, apply.
(ii) State guarantees for loans taken by companies to ensure banks keep providing loans to the customers who need them. These state guarantees can cover up to 90% of risk on loans to help businesses cover immediate working capital and investment needs.
(iii) Subsidised public loans to companies (senior and subordinated debt) with favourable interest rates to companies. These loans can help businesses cover immediate working capital and investment needs.
(iv) Safeguards for banks that channel State aid to the real economy that such aid is considered as direct aid to the banks' customers, not to the banks themselves, and gives guidance on how to ensure minimal distortion of competition between banks.
(v) Public short-term export credit insurance for all countries, without the need for the Member State in question to demonstrate that the respective country is temporarily “non-marketable”.
(vi) Support for coronavirus related research and development (R&D) to address the current health crisis in the form of direct grants, repayable advances or tax advantages. A bonus may be granted for cross-border cooperation projects between Member States.
(vii) Support for the construction and upscaling of testing facilities to develop and test products (including vaccines, ventilators and protective clothing) useful to tackle the coronavirus outbreak, up to first industrial deployment. This can take the form of direct grants, tax advantages, repayable advances and no-loss guarantees. Companies may benefit from a bonus when their investment is supported by more than one Member State and when the investment is concluded within two months after the granting of the aid.
(viii) Support for the production of products relevant to tackle the coronavirus outbreak in the form of direct grants, tax advantages, repayable advances and no-loss guarantees. Companies may benefit from a bonus when their investment is supported by more than one Member State and when the investment is concluded within two months after the granting of the aid.
(ix) Targeted support in the form of deferral of tax payments and/or suspensions of social security contributions for those sectors, regions or for types of companies that are hit the hardest by the outbreak.
(x) Targeted support in the form of wage subsidies for employees for those companies in sectors or regions that have suffered most from the coronavirus outbreak, and would otherwise have had to lay off personnel.
(xi) Targeted recapitalisation aid to non-financial companies, if no other appropriate solution is available. Safeguards are in place to avoid undue distortions of competition in the Single Market: conditions on the necessity, appropriateness and size of intervention; conditions on the State's entry in the capital of companies and remuneration; conditions regarding the exit of the State from the capital of the companies concerned; conditions regarding governance including dividend ban and remuneration caps for senior management; prohibition of cross-subsidisation and acquisition ban and additional measures to limit competition distortions; transparency and reporting requirements.
(xii) Support for uncovered fixed costs for companies facing a decline in turnover during the eligible period of at least 30% compared to the same period of 2019 in the context of the coronavirus outbreak. The support will contribute to a part of the beneficiaries' fixed costs that are not covered by their revenues, up to a maximum amount of €10 million per undertaking.
The Commission will also enable Member States to convert until 31 December 2022 repayable instruments (e.g. guarantees, loans, repayable advances) granted under the Temporary Framework into other forms of aid, such as direct grants, provided the conditions of the Temporary Framework are met.
The Temporary Framework enables Member States to combine all support measures with each other, except for loans and guarantees for the same loan and exceeding the thresholds foreseen by the Temporary Framework. It also enables Member States to combine all support measures granted under the Temporary Framework with existing possibilities to grant de minimis to a company of up to €25,000 over three fiscal years for companies active in the primary agricultural sector, €30,000 over three fiscal years for companies active in the fishery and aquaculture sector and €200,000 over three fiscal years for companies active in all other sectors. At the same time, Member States have to commit to avoid undue cumulation of support measures for the same companies to limit support to meet their actual needs.
Furthermore, the Temporary Framework complements the many other possibilities already available to member states to mitigate the socio-economic impact of the coronavirus outbreak, in line with EU state aid rules. On 13 March 2020, the Commission adopted a Communication on a Coordinated economic response to the COVID-19 outbreak setting out these possibilities. For example, member states can make generally applicable changes in favour of businesses (e.g. deferring taxes, or subsidising short-time work across all sectors), which fall outside state aid rules. They can also grant compensation to companies for damage suffered due to and directly caused by the coronavirus outbreak.
The Temporary Framework will be in place until the end of December 2021. With a view to ensuring legal certainty, the Commission will assess before this date if it needs to be extended.
The non-confidential version of the decision will be made available under the case number SA.59913 in the state aid register on the Commission's competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the Competition Weekly e-News.
More information on the Temporary Framework and other action the Commission has taken to address the economic impact of the coronavirus pandemic can be found here.
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