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Dear Sirs,

Under Regulation 1049/2001, I am requesting:

1) internal guidance for staff on how to apply the undertaking in difficulty test;

2) whether any changes have been made to the test (other than the application of this on 31.1.2019) as a result of the Covid-19 Temporary Framework.

3) whether any guidance will be published for practitioners on how to apply this test.

Yours faithfully,

Terry King
109 The Square, Hartland, EX39 6BL

Concurrence

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data

Dear Sir ,

 

Thank you for your e-mail  of 22 April 2020 . We hereby acknowledge
receipt of your application for access to documents, which was registered
on 23 April 2020 under reference number GESTDEM 2020/2354.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on 15
May 2020. In case this time limit needs to be extended, you will be
informed in due course.

 

You have lodged your application via a private third-party website, which
has no link with any institution of the European Union. Therefore, the
European Commission cannot be held accountable for any technical issues or
problems linked to the use of this system.

 

Please note that the private third party running the AsktheEU.org  website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission. For further information on your
rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

 

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

 

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence.  In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission

 

For information on how we process your personal data visit our page
[3]Privacy statement – access to documents.

 

Yours faithfully,

 

 

 

[4]cid:image001.png@01D2AE41.EADC5060

 

Access to Documents team

DG Competition-European Commission

MADOU-12-85      B-1049 Brussels/Belgium
email: [5][email address]

 

 

 

Afficher les sections citées

Concurrence

1 Attachment

Dear Mr. King,

 

Thank you for your e-mail of 22 April concerning the application of the
notion of “undertaking in difficulty” . 

The concept of “undertaking in difficulty” is defined in point 20 of the
2014 [1]Rescue and Restructuring Guidelines (R&R Guidelines”) as well as
in Article 2 (18) “Definitions” of the [2]General Block Exemption
regulation (“GBER”) as amended on 14 June 2017.

In addition to the links provided, please find also enclose the above
mentioned documents.

 

As regards your questions in particular, please find below the answers.

 

1)     internal guidance for staff on how to apply the undertaking in
difficulty test;

The internal staff applies the above mentioned provisions, without any
confidential guidance document.

 

2)     whether any changes have been made to the test (other than the
application of this on 31.1.2019) as a result of the Covid-19 Temporary
Framework.

The provisions, and the corresponding test, remains in force. Only the
(Communication from the Commission - Temporary Framework for State aid
measures to support the economy in the current COVID-19 outbreak (2020/C
91 I/01) as amended on 3 April 2020 ([3]First Amendment to the Temporary
Framework to support the economy in the context of the coronavirus
outbreak) foresees a special exception of application to such companies:

 

“the  aid  may  be  granted  to  undertakings  that  were  not  in 
difficulty  (within  the  meaning  of  the  General  Block  Exemption 
Regulation)  on  31  December  2019;  it  may be granted to undertakings
that are not in difficulty and/or to undertakings that were not in
difficulty on 31 December 2019, but that faced difficulties or entered in
difficulty thereafter as a result of the COVID-19 outbreak”

 

In addition to the links provided, please find also enclose a copy of the
Informal consolidated version of the Temporary Framework.

 

3)     whether any guidance will be published for practitioners on how to
apply this test.

No, the definition of undertaking in difficulty is stated as explained
above in the 2014 R&R Guidelines as well as in the GBER.

 

 

Best regards,

 

[4]cid:image001.png@01D2C818.162FD710

European Commission

DG COMPETITION

Unit E3

1, Place Madou

B-1210 Brussels

 

 

 

 

 

 

 

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

Concurrence

3 Attachments

And the attachments mentioned,

 

 

 

Dear Mr. King,

 

Thank you for your e-mail of 22 April concerning the application of the
notion of “undertaking in difficulty” . 

The concept of “undertaking in difficulty” is defined in point 20 of the
2014 [1]Rescue and Restructuring Guidelines (R&R Guidelines”) as well as
in Article 2 (18) “Definitions” of the [2]General Block Exemption
regulation (“GBER”) as amended on 14 June 2017.

In addition to the links provided, please find also enclose the above
mentioned documents.

 

As regards your questions in particular, please find below the answers.

 

1)      internal guidance for staff on how to apply the undertaking in
difficulty test;

The internal staff applies the above mentioned provisions, without any
confidential guidance document.

 

2)      whether any changes have been made to the test (other than the
application of this on 31.1.2019) as a result of the Covid-19 Temporary
Framework.

The provisions, and the corresponding test, remains in force. Only the
(Communication from the Commission - Temporary Framework for State aid
measures to support the economy in the current COVID-19 outbreak (2020/C
91 I/01) as amended on 3 April 2020 ([3]First Amendment to the Temporary
Framework to support the economy in the context of the coronavirus
outbreak) foresees a special exception of application to such companies:

 

“the  aid  may  be  granted  to  undertakings  that  were  not  in 
difficulty  (within  the  meaning  of  the  General  Block  Exemption 
Regulation)  on  31  December  2019;  it  may be granted to undertakings
that are not in difficulty and/or to undertakings that were not in
difficulty on 31 December 2019, but that faced difficulties or entered in
difficulty thereafter as a result of the COVID-19 outbreak”

 

In addition to the links provided, please find also enclose a copy of the
Informal consolidated version of the Temporary Framework.

 

3)      whether any guidance will be published for practitioners on how to
apply this test.

No, the definition of undertaking in difficulty is stated as explained
above in the 2014 R&R Guidelines as well as in the GBER.

 

 

Best regards,

References

Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...

Nous ne savons pas si la réponse la plus récente à cette demande contient l'information ou non – si vous etes Terry King veuillez vous connecter et laisser nous savoir.