State Aid for Transport Services and Infrastructure

Transcription

1 State Aid for Transport Services and Infrastructure September 2016, Brussels Two-day intensive training on the State aid rules for public funding of railway, harbours & aviation and compensation for public services Speakers (among others): Professor at the College of Europe and at the University of Maastricht, Academic Director at lexxion training Gatis Kristaps Member of Board, Finance and Law, Ardenis- Consult, Riga Justyna Majcher-Williams Policy Officer, DG MOVE Directorate- General for Mobility and Transport, European Giacomo Potenza Senior Consultant at Ernst & Young, Brussels; former EU Policy and Economic Advisor, Ferrovie dello Stato Italiane Felix Schulyok Case Handler, State Aids: Industrial Restructuring, DG COMP Directorate- General for Competition, European Udo Woll Head of State Aid Law Unit, Deutsche Bahn AG, Germany

2 General Information Overview Questions are arising on all levels of public administration involved in the financing of transport infrastructure and funding public transportation: Is State aid involved? Is the compatibility of public measures with European law ensured? Avoiding unlawful State aid is crucial for the successful and sustainable provision of transport services to all European citizens. Discuss these topics during our two-day intensive training Thematic scope Overview of State aid rules applicable to transport sector Regulation 1370/07 on public passenger transport services Determination and calculation compensation for public service obligations State aid rules and overview of cases and decisions on the funding of railway, harbours and aviation Guidelines concerning Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road Guidelines on State Aid to Airports and Airlines The second training day will conclude with a problem solving session where you will be invited to share your experience in managing State aid for transport services and infrastructure and in cooperating with private partners in this field. Focus group 1) Experts from the State Aid Monitoring Offices 2) Public officials involved in funding and financing of transport services and infrastructure from: Ministries for Transport and Infrastructure National agencies for Transport, Railways, Roads and other transport sectors Regional governments Communal and City council 3) State aid experts from: Railways undertakings Airport operators Airlines Ports & other private companies involved transport services 4) Lawyers and consultants specialised in public affairs Your benefit Get a detailed overview of the most important State aid rules for the transport sector Stay up to date with the newest developments in the application of the Regulation 1370/07 on public services for land transport Discuss the State aid rules for airports and airlines Make sure that your funding for transport infrastructure complies with the State aid rules and learn how to avoid overcompensation for the transport services Participate in interactive sessions and exercises on MEIP and calculation of compensation Analyse your problems and discuss your questions with acknowledged experts

3 Programme Day 1, 19 September :00-09:30 Welcome note by chair; Introduction of participants Session I: General Principles, Professor at the College of Europe, Bruges, and at the Maastricht University and Academic Director at lexxion training 09:30-11:00 Public Funding in the Transport Sector and the Concept of State Aid Economic activity & prerogatives of the state Transfer of state resources, advantage & affectation of trade Application of Articles 107, 106 and 93 TFEU Funding of transport infrastructure after Leipzig-Halle SGEI and Altmark criteria 11:00 11:30 Coffee break 11:30 12:30 Analysis and Case Studies on the Application of the MEIP to Construction and Operation of Transport Infrastructure 12:30-13:30 Lunch MEIP concept Economic tools Cases Session II: Rail & Road Transport Services 13:30 14:45 Railway & Roads: Developments in the application of the Regulation 1370/2007 and the new Guidance Objective and scope of the regulation 1370/2007 Definition of public service obligation Commission practice in Land Transport Guidance on the Application of Regulation 1370/ :45-15:00 Coffee break Justyna Majcher-Williams, Policy Officer, Legal and competition questions in transports, DG MOVE Directorate-General for Mobility and Transport, European Commission, Brussels 15:00-16:45 SIMULATION: How to Negotiate Public Service Obligations Practical application of relevant rules through interactive role play Giacomo Potenza, Senior Consultant at Ernst & Young, Brussels; former EU Policy and Economic Advisor, Ferrovie dello Stato Italiane 16:45-17:30 CASE STUDY: How to Determine the Amount of Public Service Compensation Udo Woll, Head of State Aid Unit at the Legal Department of German Railways (Deutsche Bahn), Berlin 17:30-18:00 Q&A and round table discussion on the important lessons to be drawn from the day s proceedings

4 Programme Day 2, 20 September 2016 Session III: Funding for Ports 09:00-09:45 GBER Extension to Ports (and Airports) Felix Schulyok, Case Handler, State aids: Industrial Restructuring, DG COMP Directorate-General for Competition, European 09:45-10:30 State Aid for Ports The Commission s Decision Making Practice 10:30-11:00 Coffee break Felix Schulyok, Case Handler, State aids: Industrial Restructuring, DG COMP Directorate-General for Competition, European 11:00-12:15 CASE STUDY: EU Member State s National Experience in Economics of Port s Financing Gatis Kristaps, Member of Board, Finance and Law, Ardenis-Consult, Riga 12:15-12:30 Q&A and discussion 12:30-13:30 Lunch Session IV: Funding for Airlines & Airports 13:30-14:00 Guidelines on State Aid to Airports and Airlines Key Novelties of the Guidelines Investment and Operating Aid Start-up to Airlines Social Aid and SGEI 14:00-15:00 Overview of Important EC Decisions for Airports and Airlines 15:00-15:30 Coffee break Public Policy Remit and Notion of Economic Activity Application of the Market Economy Operator Principle Calculation of the Funding Gap for Investment and Operating Aid Methodology and Practical Exercises Feodora Petit, Case Handler, State Aid Transport, DG COMP Directorate- General for Competition, European 15:30-16:30 Problem-solving Session Discussion and analysis of the participants individual cases End of the training Send us your questions! You are invited to send your questions to us beforehand to make sure that the problems you are dealing with will be addressed during this training. Feodora Petit, Case Handler, State Aid Transport, DG COMP Directorate- General for Competition, European

5 Speakers Chair: Professor at the College of Europe, Bruges and at the Maastricht University, Academic Director at lexxion training was educated in the United States, the Netherlands and the United Kingdom. He has a PhD in Economics and a PhD in Law. He presently holds positions at the College of Europe and the University of Maastricht. He has published extensively on European integration, competition policy and State aid. He is also on the editorial boards of several journals. Dr. Nicolaides has organised seminars and workshops in many different Member States, and has acted as consultant to several public authorities. Gatis Kristaps Member of Board, Finance and Law, Ardenis-Consult, Riga Gatis Kristaps holds a MSc in Economics. In the role of business consultant he has 15 years of practical experience in transport infrastructure projects for multiple funding organizations including the European Commission, the European Investment Bank, the European Bank for Reconstruction and Development and others. The special areas include sea ports, airports, railways and public transport. The expert has 6 years on the ground experience in State aid including elaboration of individual notifications and consultations on State aid related issues. Justyna Majcher-Williams Policy Officer, Directorate General for Mobility and Transport, European Commission Justyna Majcher-Williams is currently responsible for competition policy in DG Mobility and Transport. She has broad experience in the application of competition policy and state aid. She worked for nine years for DG Competition dealing with mergers and state aid. Before joining the European Commission in 2006 she worked for an economic consultancy in London and as a research fellow at Cambridge University. Justyna holds a PhD in economics. Feodora Petit Case Handler, State Aid Transport, Directorate General for Competition, European Commission Feodora Petit is currently a case handler at the European Commission, in the field of transport state aid. She started her career in 2005 lobbying for trade associations mainly on energy and environmental topics. In 2010 she took up a post at the European Commission's Smart Cities & Sustainable ICT Unit (DG Connect) before joining the British energy regulator Ofgem in 2013, where she stayed until returning to the European Commission in She holds a Master in European Political and Administrative Studies from the College of Europe in Bruges and also studied at the IEP de Paris, in Heidelberg and in Potsdam.

6 Speakers Giacomo Potenza Senior Consultant at Ernst & Young, Brussels; former EU Policy and Economic Advisor, Ferrovie dello Stato Italiane Giacomo Potenza is senior consultant at Ernst & Young Brussels where he is in charge of EU projects in the transport and infrastructure domain. Currently he is a team member of the Services of technical support for the deployment of ERTMS along the core network corridors project for the European Commission (DG MOVE) and pursuit leader for EU tenders in the field of transport. From , Giacomo worked as advisor for EU policy and economics at the Brussels office of the Italian state railways Ferrovie dello Stato Italiane (FS). In this role, he negotiated industry positions with the EU railway association related to passenger, freight, infrastructure and economic matters. Giacomo had a key role in following the Fourth Railway Package, a historical reform of the rail sector involving further market opening and a new governance for the industry. Giacomo holds a MSc in Economics and Management of Public Administration and International Institutions from Bocconi University, Milan, and is currently enrolled in an Executive MSc programme in Air Transport Management at Cranfield University, UK. Giacomo started his career with internships at the European Commission (DG MOVE) and the Permanent Representation of Italy of the European Union, in which he gained practical knowledge in the field of mobility and transport and EU affairs. With Italian as mother tongue, Giacomo Potenza also fluently speaks English, French and Spanish. He has been lecturing at the European Training Centre for Railways at the College of Europe in Bruges since Felix Schulyok Case Handler, State Aids: Industrial Restructuring, Directorate General for Competition, European Commission CV not available upon press date. Udo Woll Head of unit for Public Commercial Law, State Aid Law and Public Transport Contract Law, Legal Department, Deutsche Bahn AG, Berlin Dr. Udo Woll heads the unit for Public Commercial Law, State Aid Law and Public Transport Contract Law within the legal department of Deutsche Bahn AG. His career has started in the Brussels Office of a law firm, where he has been employed from 2003 to State Aid was his main consulting area, but he also dealt with antitrust matters. After a two-year experience as a specialized prosecutor in the field of financial crimes, in 2007 he joined the Legal Department of Deutsche Bahn AG, where he previous to today's position headed the State Aid Unit. He regularly publishes and contributes in conferences on State Aid Law.

7 Registration [Please fax to Lexxion Publisher Fax: or to Organiser Venue Participation fee lexxion training on behalf of Lexxion Publisher Management Centre Europe, Rue de l Aqueduc 118, 1040 Brussels Fee for public sector: 1090 EUR (excl. Belgian VAT) Fee for private sector: 1590 EUR (excl. Belgian VAT) Additional discount for EStAL- subscribers: 10% The Belgian VAT of 21% will be added where applicable. Registration Lexxion Verlagsgesellschaft mbh Güntzelstr Berlin fax: Contact Person Ms Jana Behrens phone: behrens@lexxion.de The participation fee includes the seminar material, coffee breaks and lunch. Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 2 September Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website.... YES, I would like to participate for the regular fee of EUR 1590, (plus VAT). YES, I would like to participate for the reduced fee for public authorities EUR 1090, (plus VAT). YES, I am ESTAL- subscriber (EUR 100,- discount applicable) Name and Company Name Address Phone, Fax Customer No. of EStAL- Subscription VAT Reg.-No. Date, Signature