Commission Decision (EU) 2016/449 of 28 July 2015 on State aid SA.38544 2014/C (ex 2014/N) which France is planning to implement in favour of Kem One (notified under document C(2015) 5169) (Text with EEA relevance)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
The aid that France plans to implement in favour of Kem One SAS (‘Kem One’) in the form of: (i) a loan from the Economic and Social Development Fund; (ii) a grant and repayable advances; and (iii) possible write-offs of tax and social security debts; is compatible with the internal market on the conditions laid down in Article 2.
1. France shall ensure that nominal production capacity for chlorine ([600-700] kt/year) and caustic soda ([600-700] kt/year other than for internal use) by Kem One at the Fos-sur-Mer and Lavéra sites remains unchanged for a period of […] from the date of adoption of this Decision. 2. France shall ensure that Kem One's share of the S-PVC market in north-western Europe (Belgium, Denmark, France, Germany, Ireland, Luxembourg, the Netherlands, Norway, Sweden and the United Kingdom taken together) does not exceed [10-20] % for a period of […] from the date of adoption of this Decision. 3. France shall ensure that Kem One and any natural or legal person exercising control over Kem One now or in the […] following the date of adoption of this Decision refrains from acquiring shares or assets in undertakings in product markets in the European Economic Area (EEA) in which Kem One is present for a period of […] from the date of adoption of this Decision. The prohibition set out in this paragraph shall not apply to acquisitions that: (a) are necessary for the restoration of Kem One's viability; and (b) do not constitute a means of circumventing the obligation to limit the effects of the aid to the strict minimum required to achieve the objectives of Kem One's restructuring plan. Plans to make acquisitions covered by this paragraph and information enabling the Commission to assess whether the conditions laid down at (a) and (b) are met shall be communicated to the Commission within a reasonable time-frame. An acquisition may not take place until the Commission establishes that the said conditions are met.
France shall send the Commission six-monthly reports providing information on: (a) the proper implementation of the restructuring plan, with an assessment as to whether the objective of Kem One's return to viability is being achieved; (b) any useful information on compliance with the conditions laid down in Article 2, and in particular the trend in Kem One's share of the market referred to in Article 2(2); (c) an assessment of the competitive situation in the PVC market and the upstream and downstream markets in the EEA, including in particular market shares and capacities of the market players, changes in market structure, price trends and any other element that may aid the Commission's understanding. These reports shall be provided for a period of […] from the date of adoption of this Decision. The first report shall reach the Commission six months after the date of adoption of this Decision.
France shall inform the Commission within two months of the date of notification of this Decision of the measures it has taken to comply with it.
This Decision is addressed to the French Republic.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.