State aid for broadband infrastructure in Europe

State aid for broadband infrastructure in Europe

Author: Richard Feasey

Publisher: Centre on Regulation in Europe asbl (CERRE)

Published: 2018-11-21

Total Pages: 130

ISBN-13:

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This original CERRE report reveals that the current level of public funds to support broadband deployment in Europe is insufficient compared against the ambitious targets for fibre to the home (FTTH). The report also suggests that the use of this funding is poorly co-ordinated, insufficiently monitored, and subject to rules which need to be simplified and updated. It is the first study of its kind: the authors have undertaken a systematic analysis of all of the 157 broadband measures notified to the European Commission by Member States over the past 15 years. Based on this research, the authors have identified critical issues and provided recommendations on how to better support the deployment of broadband infrastructure in Europe. The authors estimate that public funding from all sources to support broadband deployment in the period to 2020 amounts to around €7 billion per year. At this rate it will take Europe nearly 30 years to meet its FTTH targets. They also find wide variations in public funding for broadband between Member States: in the period 2003-18 France spent around €215 per capita and Italy €145, whilst the majority of Member States spent less than €100 per capita and some less than €10. “We found that broadband infrastructure receives less than 5% of available European funds, despite being a strategic priority for Europe and for the Juncker Commission”, said CERRE Research Fellow Richard Feasey. “Current public funding is insufficient if Europe is to achieve its Gigabit Society targets. It is equally important that whatever public funds are allocated, they are also used efficiently”. The authors provide recommendations for EU and national policy makers, including: 1. Mobilise grassroots interests in public funding of broadband with an EU-wide competition for funds. 2. Improve coordination between the European Investment Bank and the European Commission’s DG Competition to ensure that in each case the appropriate public funding instrument is used. 3. Increase the share of European funds allocated to broadband. 4. Revise the existing ‘Broadband State Aid Guidelines’ now to clarify elements such as: - when and how public funds can be used if commercial operators have no plans to deploy Very High Capacity infrastructure; - require that State Aid can only be used once adoption rates for a new technology have achieved certain thresholds in areas where it has already been deployed by the private sector; - consider allowing higher prices for broadband services provided by publicly funded networks in order to reduce the cost to the taxpayer and increase the coverage that can be obtained; - explain how the universal service provisions of the new EU Electronic Communications Code will ensure that all users can benefit from affordable access to publicly funded broadband networks; - simplify the regime so that measures to protect competition align with those that already apply to commercially-funded networks under the Significant Market Power regime and ensure enforcement. 5. Require Member States to provide more data to enable the evaluation of the effectiveness of State Aid measures. ‘Effectiveness’ should be measured by whether public funds achieve the goal of extending broadband services to the greatest number for the lowest cost to the taxpayer, and not simply in terms of competition or the time taken to approve the project. “If broadband infrastructure deployment is a priority for the EU, we think that the Commission should also explore how to formalise its Digital Agenda and Gigabit Society targets, to give Member States stronger incentives to meet those targets”, conclude the authors. Some facts and figures - Europe spends less than 5% of its budget on broadband - 65% of public funding for broadband comes from Member States - Estimated public funding from all sources allocated to broadband deployment in the EU in the period to 2020 amounts to around €7 billion per year - It will take Europe 29 years to complete FTTH deployment at current rates - Total expenditure by EU Members States for State Aid varies significantly - In the period 2003-18, the majority of Member States spent less than €100 per capita and some less than €10 - France spent around €215 per capita, Italy €145, and Germany €87 - Belgium, Luxembourg and Malta have achieved a relatively extensive and high capacity broadband deployment without relying on any form of State Aid whatsoever - There is a very large variation in the use of sources of funding by Member States


EU State Aid Control of Infrastructure Funding

EU State Aid Control of Infrastructure Funding

Author: Corinne Ruechardt

Publisher: Kluwer Law International B.V.

Published: 2018-07-03

Total Pages: 490

ISBN-13: 904119116X

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The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.


The Modernisation of State Aid for Economic and Social Development

The Modernisation of State Aid for Economic and Social Development

Author: Bruno Nascimbene

Publisher: Springer

Published: 2018-11-28

Total Pages: 315

ISBN-13: 3319992260

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This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.


Montenegro Policy Note on Broadband

Montenegro Policy Note on Broadband

Author: Weltbank

Publisher:

Published: 2016

Total Pages:

ISBN-13:

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Montenegro Policy Note on Broadband: Achieving Universality of High-Speed Broadband: Review and Application Experience of the EU State Aid Framework aims to provide advice to the Government of Montenegro on the possible mechanisms for state aid support for broadband infrastructure, while taking into account the State aid policy of the European Union (EU) and building on EU experience of similar projects. The objective is to support the development of the affordable access to broadband Internet in the un- and underserved geographical areas of Montenegro.


EU State Aid Control

EU State Aid Control

Author: Philipp Werner

Publisher: Kluwer Law International

Published: 2017

Total Pages: 0

ISBN-13: 9789041151476

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Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.


Broadband Infrastructure

Broadband Infrastructure

Author:

Publisher:

Published: 2015

Total Pages: 27

ISBN-13: 9789282377956

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Broadband refers to internet connections capable of delivering information at fast speeds, using a variety of different wireline or wireless technologies. Fast access is important to the development of a digital economy in the European Union: economists believe that broadband deployment increases employment and spurs economic growth. Basic broadband is available to virtually all citizens in the European Union, but progress still needs to be made in coverage and take-up of fast and ultra-fast broadband if the EU's targets are to be met by 2020. Policy-makers can influence broadband deployment through a wide range of policies, including targets and digital policies, telecommunications regulations and state aid rules. Alongside efforts of authorities in Member States, EU public funding can also be provided to support building broadband infrastructure in areas, such as rural communities, where the population density may not be great enough to justify private investment alone.


EU State Aid Law

EU State Aid Law

Author: Pier Luigi Parcu

Publisher: Edward Elgar Publishing

Published: 2020-02-28

Total Pages: 264

ISBN-13: 1788975251

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The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.


European Union Law of State Aid

European Union Law of State Aid

Author: Kelyn Bacon

Publisher: Oxford University Press

Published: 2017

Total Pages: 705

ISBN-13: 0198787367

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This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.