Commission Decision (EU) 2019/1144 of 17 December 2018 on the State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim SA (notified under document C(2018) 8592) (Text with EEA relevance.)
The following measures subject to this Decision unlawfully put into effect by Romania in breach of Article 108(3) TFEU, together and separately, constitute State aid:
(a)
the non-enforcement and further accumulation of debts between September 2012 and January 2013;
(b)
support to the operations of Oltchim in the form of continued unpaid supplies and further accumulation of debt since September 2012 by CET Govora without appropriate measures to protect its claims in the amount to be determined together with Romania during the recovery phase;
(c)
the debt cancellation under the Reorganisation Plan by AAAS, the National Water Administration, Salrom and Electrica SA for an aggregate amount, together with Article 1 (a), of RON 1 516 598 405.
The following measures subject to this Decision do not constitute State aid within the meaning of Article 107(1) TFEU:
(a)
Support by Salrom to the operations of Oltchim in the form of continued supplies since September 2012;
(b)
The 2015 debt cancellation under the Reorganisation Plan by CET Govora.
The State aid referred to in Article 1(a) and (c), amounting to a total of RON 1 516 598 405 million, as well as the State aid referred to in Article 1 (b), unlawfully granted by Romania, in breach of Article 108(3) TFEU, in favour of Oltchim, is incompatible with the internal market.
(1) Romania shall recover the aid referred to in Article 1 from the beneficiary.
(2) The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.
(3) The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 ( 157 ) .
(1) Recovery of the aid referred to in Article 1 shall be immediate and effective.
(2) Romania shall ensure that this decision is implemented within six months following the date of notification of this Decision.
(1) Within five months following notification of this Decision, Romania shall submit the following information to the Commission:
(a)
the total amount (principal and recovery interests) to be recovered from the beneficiary;
(b)
a detailed description of the measures already taken and planned to comply with this Decision;
(c)
documents demonstrating that the beneficiary has been ordered to repay the aid.
(2) Romania shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary.
(1) This Decision is addressed to Romania.
(2) The Commission may publish the amounts of aid and recovery interest recovered in application of this decision, without prejudice to Article 30 of Regulation (EU) 2015/1589.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
