Scope
Article 2
1. The exemption from the requirement of notification laid down in Article 108(3) of the Treaty set out in this Decision applies to State aid in the form of public service compensation, granted to undertakings entrusted with the operation of SGEI as referred to in Article 106(2) of the Treaty, which falls within one of the following categories: (a) compensation not exceeding an annual amount of EUR 20 million for the provision of SGEI in areas other than transport and transport infrastructure, including social services not referred to in point (c) and critical medicines; (b) compensation for the provision of SGEI by hospitals providing medical care, including, where applicable, emergency services; the pursuit of ancillary activities directly related to the main activities, notably in the field of research, does not, however, prevent the application of this paragraph; (c) compensation for the provision of SGEI meeting social needs as regards health and long-term care, childcare, access to and reintegration into the labour market, and the care and social inclusion of vulnerable groups including accessibility and assistive technology services for persons with disabilities; (d) compensation for the provision of social housing SGEI where social housing services meet the requirements set out in the Annex; (e) compensation for the provision of affordable housing SGEI where affordable housing services meet the requirements set out in the Annex; (f) compensation for the provision of SGEI as regards air links or maritime links to islands on which the average annual traffic during the 2 financial years preceding that in which the SGEI was assigned does not exceed 300 000 passengers, and when the maritime links to islands include freight traffic, 75 000 linear metres of freight ( 22 ) ; (g) compensation for the provision of SGEI as regards airports and ports for which the average annual traffic during the 2 financial years preceding that in which the SGEI was assigned does not exceed 500 000 passengers, in the case of airports, and 400 000 passengers in the case of ports, or for ports located in outermost regions regardless of the average annual traffic. 2. Where the amount of compensation referred to in paragraph 1, point (a), varies over the duration of the entrustment, the annual amount shall be calculated as an average of the annual amounts of compensation expected to be made over the entrustment period. The annual threshold referred to in paragraph 1, point (a) applies per SGEI entrusted to an undertaking. In case of a joint or individual entrustment in several Member States, the compensation threshold applies for each Member State where the service is provided. 3. This Decision shall apply where the undertaking is entrusted with the operation of the SGEI for a period that does not exceed 10 years. Where the period of entrustment exceeds 10 years, the provisions of this Decision shall only apply to the extent that a significant investment is required from the service provider that needs to be amortised over a longer period in accordance with generally accepted accounting principles. 4. Where, during the period of the entrustment, the conditions for the application of this Decision are no longer met, the aid shall be notified in accordance with Article 108(3) of the Treaty. 5. In the field of air and maritime transport, this Decision shall only apply to State aid in the form of public service compensation, granted to undertakings entrusted with the operation of SGEI as referred to in Article 106(2) of the Treaty, which complies with Regulation (EC) 1008/2008 and, respectively, Regulation (EEC) 3577/92 where applicable. 6. This Decision shall not apply to State aid in the form of public service compensation granted to undertakings in the field of land transport.