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The European Commission has approved an up to €24 million Romanian scheme (RON 118,6 million) to support investments in sea and inland ports in the context of Russia’s war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022. The Romanian measure Romania notified to the Commission under the Temporary Crisis and Transition Framework, an up to €24 million (RON 118,6 million) scheme to support private port operators in the context of Russia’s war against Ukraine. Under the scheme, the aid will consist of limited amounts of aid in the form of direct grants. The measure, partially funded through the cohesion funds, will support private port operators in order to enhance the functioning of the “Ukraine-EU Solidarity Lanes”. The aim of the measure is to overcome the shortcomings of the capacity of the ports’ superstructure, among others for the procurement of equipment for short-distance transport of freight and the extension of storage capacities for temporary storage. It will also facilitate grains transport and transit via Romanian ports that need urgent support to handle the increased traffic flows of goods. The Commission found that the Romanian scheme is in line with the conditions set out in the Temporary Crisis and Transition Framework. In particular, the aid (i) will not exceed €2 million per beneficiary; and (ii) will be granted no later than 31 December 2023. The Commission concluded that the Romanian scheme 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 the Temporary Crisis and Transition Framework. On this basis, the Commission approved the aid measure under EU State aid rules. Background On 9 March 2023, the Commission adopted a new Temporary Crisis and Transition Framework to foster support measures in sectors which are key for the transition to a net-zero economy, in line with the Green Deal Industrial Plan. Together with the amendment to the General Block Exemption Regulation (‘GBER’) that the Commission endorsed on the same day, the Temporary Crisis and Transition Framework will help speeding up investment and financing for clean tech production in Europe. It will also assist Member States in delivering on specific projects under National Recovery and Resilience Plans which fall within their scope. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022, to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia’s war against Ukraine. The Temporary Crisis Framework has been amended on 20 July 2022, to complement the Safe gas for a Safe Winter Package and in line with the REPowerEU Plan objectives. The Temporary Crisis Framework has been further amended on 28 October 2022 in line with the Regulation on an emergency intervention to address high energy prices and the Regulation enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders. The Temporary Crisis and Transition Framework provides for the following types of aid, which can be granted by Member States: Sanctioned Russian-controlled entities will be excluded from the scope of these measures. Measures particularly important to accelerate the green transition and reduce fuel dependencies will be in place until 31 December 2025. This concerns in particular measures accelerating the rollout of renewable energy and energy storage, measures facilitating the decarbonisation of industrial processes and measures to further accelerate investments in key sectors for the transition towards a net-zero economy. The remaining provisions of the Temporary Crisis Framework aimed at providing a more immediate crisis response (limited amounts of aid, liquidity support in form of State guarantees and subsidised loans, aid to compensate for high energy prices, measures aimed at supporting electricity demand reduction), remain applicable until 31 December 2023. With a view to ensuring legal certainty, the Commission will assess at a later stage the potential need for an extension. The Temporary Crisis and Transition Framework complements the ample possibilities for Member States to design measures in line with existing EU State aid rules. For example, EU State aid rules enable Member States to help companies cope with liquidity shortages and needing urgent rescue aid. Furthermore, Article 107(2)(b) of the Treaty on the Functioning of the European Union enables Member States to compensate companies for the damage directly caused by an exceptional occurrence, such as those caused by the current crisis. The non-confidential version of the decision will be made available under the case number SA.107101 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 Crisis and Transition Framework and other actions taken by the Commission to address the economic impact of Russia’s war against Ukraine and foster the transition towards a net-zero economy can be found here. This €24 million scheme will enable Romania to support private port operators affected by the current crisis, allowing them to increase the capacity of the ports’ superstructure and to accommodate the increased traffic flows. With this measure, the operating capacity in the sea and river ports in Romania, where goods from and to Ukraine are transited, will be streamlined, while contributing to the EU’s efforts to stabilise the markets global food supply and improving food security worldwide.
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