Commission Decision (EU) 2017/1540 of 15 May 2017 concerning measure SA.40454 2015/C (ex 2015/N) by which France plans to assist the CEB consortium (notified under document C(2017) 3062) (Text with EEA relevance. )

The measure by which France plans to assist the CEB consortium, consisting of the granting of a premium of EUR 94000/MW/year, value at 31 November 2011, payable for a duration of 20 years, constitutes State aid within the meaning of Article 107(1) TFEU, which is compatible with the internal market in accordance with Article 107(3) TFEU, subject to the conditions set out in Article 2.

France shall take the steps necessary to ensure that for the entire duration of the aid referred to in Article 1 the beneficiary of the aid cannot provide energy from the plant to an operator which holds more than 40 % of the electricity generation capacity on the French market, whether under a tolling agreement or under a long-term contract of sale for the energy produced by the plant.

The Commission hereby authorises the aid referred to in Article 1 in the form of the payment of a premium to the CEB consortium for the duration of use of the plant, but for no more than 20 years. Any measure maintained at the end of that period must be notified afresh.

This Decision is addressed to the French Republic.