Commission Decision of 12 June 2012 on State aid SA.21918 (C 17/07) (ex NN 17/07) implemented by France — Regulated electricity tariffs in France (notified under document C(2012) 2559) Text with EEA relevance

The aid measure implemented by France by means of regulated tariffs for the sale of electricity (‘green’ and ‘yellow’ tariffs) and regulated transitional market adjustment tariffs for large and medium-sized consumers is compatible with the internal market, subject to the conditions set out in Article 2.

France shall introduce a mechanism of regulated access to nuclear power produced by the existing power stations, consisting of requiring the enterprise Electricité de France, for a period extending until 31 December 2025, to sell to its competitors on the electricity retail market, a portion of the nuclear power it generates up to a ceiling of 100 TWh, at a regulated price. The price for regulated access to existing nuclear power shall be re-examined each year and shall reflect the economic conditions governing electricity generation for the duration of the mechanism. The price level of regulated access to existing nuclear power may not exceed EUR 42 per MWh and shall not be adjusted until a measure laying down the calculation method to establish it has entered into force. This measure shall be submitted to the Commission at the draft stage, with a view to its prior approval. France shall end any State aid resulting from the application of the regulated transitional market adjustment tariffs for large and medium-sized consumers which might remain and shall refrain from introducing any equivalent mechanism. The decisions taken by France after summer 2012 concerning the regulated tariffs for the sale of electricity shall allow the gradual reduction, in relation to 2012 and then each year in relation to the previous year, of the difference between the sum of the costs and the regulated tariff. France shall end any State aid resulting from the application of the regulated tariffs for the sale of electricity no later than 31 December 2015 for large and medium-sized consumers and shall refrain from introducing any equivalent mechanism.

France shall inform the Commission, within two months of the date of notification of this Decision, of the measures that it has already taken or that it proposes to take to comply with it.

This Decision is addressed to the French Republic.