DG State Aid – Control and Regeneraton of Deprived Urban ... - REVIT

N494/B/2002
Rehabilitation of polluted sites
The objective of the scheme is to promote the rehabilitation of polluted industrial sites in
France by means of financing interventions made by private undertakings in order to repair
environmental damage to the quality of the soil or of surface water or groundwater. The
measure only concerns cases where the person responsible for the pollution is not identified.
The French Water Agencies will grant the aid for the rehabilitation of the sites where the
pollution would risk contaminating the sites, from which potable water is extracted, if they
were left without intervention. The aid aims at the destruction of the pollution cause or its
limitation in or ex situ.
The aid instruments are grants and low interest loans. The eligible costs will be equal to
the cost of the rehabilitation work, detracting the increase in the value of the land following
the rehabilitation. The maximal aid intensity will be attained only in exceptional cases, with
the medium aid intensity being included between 30 % and 50 % of the eligible costs. The
amounts covered by insurance companies will be excluded from the eligible costs.
The Commission has found that such measure constitutes state aid within the meaning of
Article 87(1) EC Treaty. The Water Agencies are public agencies and the resources granted
by them constitute state resources. The measure is selective and it confers its beneficiaries an
economic advantage in terms of minor costs incurred compared to competitors and, as such, is
apt at affecting trade between Member States. The Commission has however reached the
conclusion that such aid satisfies the conditions outlined in the Community guidelines on state
aid for environmental protection. In particular, the aid scheme complies with the provisions
outlined under point 38 of the environmental aid guidelines. Thus, the Commission has
authorised the aid as it is compatible pursuant to Article 87(3)(c) of the EC Treaty.
For Further Information:
Decision:
http://ec.europa.eu/community_law/state_aids/comp-2002/n494-b-02.pdf
Community Guidelines on State Aid for Environmental Protection (Annex 2 – Fiche VII):
http://europa.eu.int/eur-lex/pri/en/oj/dat/2001/c_037/c_03720010203en00030015.pdf
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