Commission Decision (EU) 2020/1012 of 24 February 2020 on State aid SA.48394 2018/C (ex 2017/N) which Romania has partly implemented in favour of National Uranium Company (CNU) (notified under document C(2020) 1069) (Only the Romanian text is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2020/1012
• Articles: 7

Article 1

The State aid which Romania is planning to implement for Compania Națională a Uraniului SA, in the form of a write-off of the loan granted in accordance with Government Emergency Order No 65/2016 and three State grants related to the closing of the Crucea-Botușana mine, the opening of the new Tulgheș-Grințieș mine and to the modernisation of the Feldioara plant, amounting to RON 178,3 million, is incompatible with the internal market.

The aid measures shall therefore not be implemented.

Article 2

After Romania withdrew its plans, the proceedings with respect of the State aid notified by Romania in the form of a RON 75,5 million grant, a RON 213 million operating subsidy and a conversion of Compania Națională a Uraniului SA ‘s debt as of 30 March 2017 of RON 13,3 million, into shares held by the Romanian State have become devoid of purpose.

Article 3

The loan amounting to RON 62 million, granted in favour of Compania Națională a Uraniului, in accordance with Government Emergency Order No 65/2016 and interest (the rescue loan) not reimbursed after six months, constitutes unlawful State aid granted by Romania, in breach of Article 108(3) of the Treaty on the Functioning of the European Union and is incompatible with the internal market.

Article 4

1.   Romania shall recover the incompatible aid, referred to in Article 3 from the beneficiary.

2.   The actual sum to be recovered shall equal the amount of the rescue loan effectively disbursed, namely RON 60 367 550,53, to the beneficiary and not reimbursed by the latter to the Romanian State, as well as the corresponding contractual interest that should have been charged from the disbursement of the rescue loan. The sum to be recovered shall also bear recovery interest from the date the aid became unlawful until its actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 58 ) .

4.   Romania shall cancel all payment of all outstanding amount of the aid referred to in Article 3 with effect from the date of adoption of this decision.

Article 5

1.   Recovery of the aid referred to in Article 3 shall be immediate and effective, without prejudice of appropriate measures which Romania may adopt with a view to achieve Romania’s obligations under the Euratom Treaty, provided such measures are proportionate, reasonable, and limited in time.

2.   Romania shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

Article 6

1.   Within two 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 3 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.

Article 7

This Decision is addressed to Romania.