Commission Decision (EU) 2021/1885 of 20 April 2021 on the State aid SA.43127 – 2018/C (ex 2015/NN) (ex 2015/N) implemented by Poland for Przewozy Regionalne sp. z o.o. (notified under document C(2021) 855) (Only the Polish text is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2021/1885
• Articles: 5

Article 1

The following measures implemented by Poland in favour of Przewozy Regionalne sp. z o.o. (‘PR’) constitute State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union:

(a)

Equity investment by IDA on 30 September 2015 (the notified restructuring aid, Measure 1)

(b)

Coverage of past losses granted between 2006 and 2008 in the context of the on-going restructuring of PR (Measure 2)

(c)

Debt restructuring in 2004-2009 (Measure 3)

(d)

Deferral of liabilities in 2009-2014 (Measure 4)

(e)

Training, recruitment and de minimis aid granted from 2006 to 2015 exceeding the de minimis threshold in the period from 2009 to 2011 (Measure 5)

Article 2

The measures set out in Article 1 are compatible with the internal market pursuant to Article 107(3)(c) of the Treaty on the Functioning of the European Union subject to the conditions set out in Article 3 and Article 4.

Article 3

Poland shall comply with the following conditions:

1.

The end of 2020 is the ultimate deadline for the regional authorities to award directly public service contracts (without a public tender). Poland confirms that, on the basis of data concerning year 2018, the market situation has not substantially changed since 2016/2017.

2.

With respect to the period by the end of 2030:

(a)

Poland undertakes to conduct competitive tenders by the end of 2021 for the performance of regional passenger rail services concerning routes of operational work size at a level of a minimum of [4 000-30 000] thousand train-kilometres (which corresponds to approx. [4-30] % of total operational work measured in train-kilometres provided for in the timetable for the year 2016/2017).The value will be achieved as a result of competitive tenders being conducted in at least two of the following voivodships: Kujawsko-Pomorskie, Podlaskie, Podkarpackie and Lubuskie.

(b)

Poland undertakes to conduct additional competitive tenders by the end of 2030 for the performance of regional passenger rail services concerning routes of operational work size at a level of [4 000-30 000] thousand train-kilometres (which corresponds to approx. [4-30] % of total operational work measured in train-kilometres provided for in the timetable for the year 2016/2017). This value will be achieved as a result of competitive tenders being conducted in one or more of the following voivodships:

•

[…];

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[…];

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[…];

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[…];

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[…].

The operational work realized on the basis of contracts concluded as a result of tenders mentioned above, will be introduced gradually. A specific commitment regarding the bullets in the schedule of the market opening was set out in the letter SP-EU-WEH-336/2019/UEEU (RESTREINT EU/EU RESTRICTED) date October, 31st 2019 with clarification that first opening will take place from 2021/2022. With regard to regions’ competences as the transport organizers, these bullets in the schedule constitutes an annex of the commitment 2 and remains restricted.

3.

Confirmation of the principle that each rolling stock purchased by the organizer from state funds should be made available to individual carriers and used exclusively to provide public services; the rolling stock should be handed over to the operator/carrier at arm’s length (and returned or duly remunerated after the termination of the public services contract).

Article 4

Poland shall communicate to the Commission annual reports on the measures taken to comply with the conditions laid down in Article 3, on a yearly basis until 31 December 2030.

Article 5

This Decision is addressed to the Republic of Poland.