State Aid for ESI Funds and Financial Instruments

www.lexxion.eu/events State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels CHAIR Phedon Nicolaides Professor at the Coll...
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www.lexxion.eu/events

State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

CHAIR Phedon Nicolaides Professor at the College of Europe in Bruges and the Maastricht University, and Academic Director at lexxion training

SPEAKERS Paolo Cesarini Head of Unit H/2 R&D, Innovation and Risk Capital, DG Competition, European Commission, Brussels (tbc)

DAY 1: STATE AID AND ESI FUNDS • Essentials of State Aid and the Relation to ESI Funds • Concept of State Aid and Notification • Relationship between State Aid and ESI Funds • Compatibility with Internal Market and the Funding Gap Method • State Aid Exemptions and their Application to ESIF • de minimis Aid and GBER Common Provisions • Aid for broadband • Aid for local infrastructures • Training Aid and Aid for Employment • Regional Aid Guidelines

Antonios Bouchagiar Member of the Legal Service of the European Commission (AIDE Team – State aids and dumping), Brussels

DAY 2: STATE AID FOR FINANCIAL INSTRUMENTS

IBB Investitionsbank Berlin, Germany

• State Aid & Financial Instruments supported by ESIF • The Application of State Aid Rules to FIs • Use of de minimis to support FIs [Loans and Guarantees]

Mikołaj Stasiak

• Risk Finance

Christian Riemer

Partner, Easy State Aid, Warsaw

Péter Staviczky Permanent Representation of Hungary to the EU, State Aid Attaché

• Case Studies on Practical Application • Supporting growth with FIs in Berlin • Polish Experiences in Designing State Aid-compliant FIs • The British Business Bank: Application of the Guidelines

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State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

General information Challenges for Responsible Authorities Investments from European Structural and Investment Funds (ESIF) have to comply with EU State aid regulations. All officials dealing with EU-funded projects representing both the managing bodies and the beneficiaries - must be aware of the related procedures and prevent infringements. With the growing importance of financial instruments it is of major relevance to be aware of the specific State aid regulation that apply to credits, guarantees and equity. Managing authorities, fund of funds, financial intermediaries as well as all auditing bodies need to be acquainted with State aid restrictions for set up and implementation of financial instruments in the new programming period. The accurate incorporation of aid exemptions will facilitate the implementation of OPs and improves the absorption of ESI Funds.

Who should participate? Experts on ERDF, ESF, CF, EARDF and EFF implementing Operational Programme and involved in setting up the financial instruments: • Managing Authorities • Intermediate Bodies • Certifying Authorities • Audit Authorities Based in public authorities such as: • National ministries implementing and managing Structural Funds • Regional and local governments • City councils • National and Regional Development Agencies • Research institutes

Methodology The participants will be actively involved in the training. The sessions will combine presentations, case studies and discussion on practical problems. You will have ample opportunities to present your own problematic issues and discuss them with the speakers and participants from other Member States. The process of true learning happens in three stages: 1

Identification of the main points or principles

2

Appreciation of the complexities and limitation of the principles, and

3

Application of the principles

Experts working in financial institutions implementing instruments co-financed by ESI Funds as: • Fund of Funds • Financial Intermediary • Holding Fund State aid experts from: • State Aid Monitoring Offices • Ministries of Regional Development, Economy, Infrastructure, Transport, Environment, Agriculture, Research, Finance and Social Services • Regional governments, communities and city councils acting as granting authorities Lawyers and consultants specialised in public affairs

Participants will receive extensive materials:  All presentations shown during the training (inclusive online access to all presentations after the training)  Confirmations of Participation  Selection of corresponding journals published by Lexxion

Why should you participate?  Meet the experts in State aid law and specialists in EU funding from the European Commission and Member States.  Discuss how to identify State aid in your programmes and projects.  Learn when funding constitutes State aid and what the applicable procedures are.

Training on State Aid and ESI Funds, May 2016 An excellent training with expert speakers giving a total overview of state-aid problematics. Srećko Seničić, Ministry of Finance, Croatia

 Become acquainted with State aid regulation for financial instruments  Learn from practical cases how to structure financial instruments in compliance with State aid law

www.lexxion.eu/events

State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

Programme Day 1: State Aid and ESI Funds 09:00

Welcome note & Introduction of participants

13:00

Phedon Nicolaides, Professor at the College of Europe Bruges and at the Maastricht University, Academic Director at lexxion training

The General Block Exemption Regulation (GBER) and its Application for ESIF

14:00 The Essentials of State Aid and the Relation to ESI Funds

09:15

Lunch

State Aid Exemption: de minimis Aid and GBER Common Provisions Péter Staviczky, Permanent Representation of Hungary to the EU, State Aid Attaché

Concept of State Aid and Notification • Articles 107 & 108 of the TFEU • Sources of funding of aid and aid beneficiaries • Determining advantage and selectivity • Effect on trade and distortion of competition • Exceptions

14:45

GBER: Specific Provisions of Importance to ERDF objectives: • Aid for broadband infrastructures • Aid for local infrastructure Péter Staviczky

Phedon Nicolaides

15:15

Coffee break

10:30

Coffee break & networking

15:30

GBER: Specific Provisions of Importance to ESF objectives:

11:00

Relationship between State Aid and Structural Funds and how to comply with ex ante conditionality • Regulation 1303/2013 and other references to State aid • Annex XI: Ex ante conditionality • When do ESIF operations create a State aid situation? • What funds are deemed to constitute State aid? • How much State aid may be granted? • Examples of State aid and ERDF/ESF

• Training Aid • Aid for Employment Péter Staviczky 16:00

Regional Aid

16:15

Compatibility with the Internal Market, the Principles of Necessity and Proportionality of State Aid and the Funding Gap Method • Options for public authorities & type of assessment • Assessment by Commission • General principles of exemption • Common compatibility and assessment principles Phedon Nicolaides

Regional Aid: GBER & Guidelines • Regional State aid: Basics • Regional aid: Where? • What for: Operating aid and initial investment • Compatibility assessment of investment aid • Conclusion: Main changes Regional aid 2014-20

Phedon Nicolaides

11:45

Coffee break

Antonios Bouchagiar, Member of the Legal Service of the European Commission (AIDE Team – State aids and dumping), Brussels 17:30

End of Day 1

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State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

Programme Day 2: State Aid for Financial Instruments State Aid & Financial Instruments supported by ESIF

09:00

The Application of State Aid Rules to Financial Instruments • The concept of State aid and its application to ESI Funds and financial instruments • State aid regulations applicable for financial instruments • How to ensure that all aid is passed on to final beneficiaries Phedon Nicolaides

09:45

Case Studies on Practical Application

14:00

• IBB and its ERDF-cofinanced products at a glance • Reasons for and history of FI in Berlin • Modules and functioning of the SME-Fund • Challenges in the future

Use of de minimis to support Financial Instruments [Loans and Guarantees] Phedon Nicolaides

10:30

Supporting growth with Financial Instruments in Berlin

Christian Riemer, IBB Investitionsbank Berlin, Germany

Coffee break Risk Finance 14:30

11:00

Risk Finance: GBER provisions & Guidelines • Challenges resulting from State aid to promote risk finance investments • How to use financial instruments and fiscal measures in compliance with State Aid rules? • Tax incentives for private investors • Compatibility criteria and GBER rules Paolo Cesarini Head of Unit H/2 R&D, Innovation and Risk Capital, DG Competition, European Commission, Brussels (tbc)

13:00

Mikołaj Stasiak, Partner, Easy State Aid, Warsaw 15:00

Coffee break

15:15

The British Business Bank: Application of the Guidelines Phedon Nicolaides

15:45

Problem Solving Session & Discussion Interactive session on best practices where you will have the opportunity to present your cases and questions and discuss them with our experts and the participants.

Lunch Just send us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the workshop. All information concerning your questions and cases will be treated confidentially. As the number of participants is limited, participants will benefit from a maximum of exchange and discussion of their individual questions.

Polish Experiences in Designing State Aidcompliant Financial Instruments

Chair: Phedon Nicolaides 16:30

End of the Training & Distribution of your Certificates

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State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

Experts Chair Phedon Nicolaides Professor at the College of Europe in Bruges and the Maastricht University, and Academic Director at lexxion training Dr. Nicolaides has been educated in the United States, the Netherlands and the United Kingdom and has a PhD in economics and a PhD in law. He has acted as consultant to a number of public authorities in various EU Member States and to international institutions and organisations such as the European Commission, the European Investment Fund, the European Economic and Social Committee, the OECD and the UN. He has published extensively on competition policy, State aid, and policy implementation. During the past 15 years, he has carried out training activities on State aid in most EU Member States.

Speakers Antonios Bouchagiar Member of the Legal Service of the European Commission (AIDE Team – State aids and dumping), Brussels Antonios Bouchagiar is a member of the Legal Service of the European Commission, currently working in the State aid team. His areas of expertise include State aid in relation to maritime transport, aviation, banking, basic industries, agriculture, fisheries, infrastructure, blockexempted aid and regional aid. He regularly litigates on behalf of the Commission before the EU Courts in Luxembourg. Prior to joining the Legal Service, he handled cases of merger control in the DirectorateGeneral for Competition of the European Commission. Before joining the Commission, he was an associate lawyer in the antitrust group of the Brussels offices of Shearman --amp-- Sterling LLP and Howrey LLP. He has published two books on the private enforcement of competition law, as well as various articles in the fields of competition law and internal market law. Mr Bouchagiar graduated from the University of Athens (LL.B., LL.M.), the Katholieke Universiteit Leuven (Erasmus) and the College of Europe in Bruges (LL.M., ELEA specialisation).

Péter Staviczky State Aid Attaché, Permanent Representation of Hungary to the EU, Brussels, Belgium Studied law at the Pázmány Péter Catholic University Faculty of Law (1996-2001) and Comparative Law at the International Faculty of the University Robert Schuman Strasbourg (1999-2002). He did a bankinglawyer postgraduate training (2000-2002) and took part in the common European specialist course of the Ministry of Foreign Affairs and the French École National d’Administration in spring 2002. He has been working at the State Aid Monitoring Office in Budapest since 2001. In 2007, he was appointed as head of the unit. He is a regular speaker at the seminars on State aid. Since January 2011 he is the attaché responsible for State aid at the Permanent Representation of Hungary to the EU in Brussels.

Paolo Cesarini Head of Unit H/2 R&D, Innovation and Risk Capital, DG Competition, European Commission, Brussels (tbc) Since 2011, Paolo Cesarini has been Head of Unit for State aid policy in the area of R&D, Innovation and Risk Capital. He joined the European Commission as permanent official in 1988 and held various positions within the Directorate General for Competition, including as Deputy Head of Unit responsible for Legislation and Relations with Member States (1998-2002) and for the media sector (2002-2003). In 2003, he was appointed Head of Unit responsible for the enforcement of the EU antitrust policy in the consumer goods, basic industries, agriculture and

manufacturing sectors. He started his career as researcher at the Instituteof Public and International Law of Siena University in 1982. Following an internship at the European Commission in the department responsible for audio-visual policy, he joined the International Labour Organization in Geneva (Switzerland) in 1985 where he served as member of the legal service. During the last ten years, he has been lecturing on EU competition law as visiting professor at the Universities of Siena, Turin and Montpellier.

Christian Riemer IBB Investitionsbank Berlin, Germany Christian Riemer is a specialist in the central staff "strategy and products”at IBB an dealing with EU affairs since 2006. In the context of product management he is responsible for the ERDF-compliant design and implementation of promotional products and he ensures that these products are also in line with State aid rules. Within this function he has collected many experiences with audits, for example by Audit Authority, DG Regio and Court of Auditors. Since 2014 he is part of the intermediate body for the ERDF-cofinanced products managed by IBB and chairman of an ERDF working group subordinated to the monitoring committee. Before he has accompanied the implementation and closure of the OP 2007-2013. From 1997 to 2006 Christian worked as a desk officer in various promotional programs for economical development. He began his professional career at IBB in 1994 as an apprentice and studied economics at the Berlin School of Economics and Law (HWR Berlin).

Mikołaj Stasiak Partner, Easy State Aid, Warsaw For a number of years Mikolaj Stasiak worked in the Office of Competition and Consumer Protection where as a deputy director he coheaded the Department of State Aid Monitoring. Mikolaj is an author of legislation concerning State aid in Poland, both procedural regulations and aid schemes. He created the concept of implementation of EU State aid system to Polish national law, also with regard to Structural Funds. Mikolaj also participated in negotiations of conditions for Polish membership in the EU. He was a Member of the Supervisory Boards of the companies managing the Special Economic Zones in Poland. In years 2004-2006 Mikolaj worked at Permanent Representation of the Republic of Poland to the EU in Brussels where he was responsible for the competition field. He conducted a number of proceedings before the European Commission and the ECJ in State aid cases. As an expert in the European Commission he conducted proceedings leading to decisions approving aid measures in the Member States. Mikolaj was a speaker on numerous conferences and trainings in Poland and abroad. He is an author of a number of publications and articles concerning State aid issues.

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State Aid for ESI Funds and Financial Instruments 28-29 November 2016 | Brussels

Registration Venue

Please register with:

Management Center Europe - Conference Center Rue de l'Aqueduc 118, 1050 Brussels, Belgium

Maja Wirbatz Lexxion Publisher Güntzelstr. 63 | 10717 Berlin, Germany Phone: +49 (0)30-81 45 06-21 Fax: +49 (0)30-81 45 06-22 E-mail: [email protected] online: www.lexxion.eu/events

Participation fee □ YES, I would like to participate for the reduced fee for public authorities EUR 1090,00 (excl. VAT). □ YES, I would like to participate for the regular fee of EUR 1590,00 (excl. VAT). □ YES, I am European State Aid Law Quarterly (EStAL) subscriber or European Structural and Investment Funds Journal (EStIF) subscriber (10% discount if applicable). The Belgian VAT of 21% will be added where applicable. The participation fees include the training material, drinks and snacks during the breaks and lunch.

Newsletter subscription □ Please send me information about State Aid & European Structural and Investment Funds issues for free. I may unsubscribe from this service any time.

Cancellations Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 11 November 2016 (included illness or impediment which prevents one from fulfilling one’s duties).. Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website.

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Upcoming events European Conference: State Aid Control & ESI Funds 20-21 October 2016 | Warsaw This year’s State Aid Control & ESI Funds Conference will highlight the following highly topical issues:  Concept of State Aid and Relationship between State Aid and ESI Funds  Regional Aid & ESI Funds  Infrastructure Funding in Compliance with State Aid Rules  Financing Energy and Environmental Sector

Advanced Training: EU Financial Instruments: Equity, Quasi-Equity and Guarantees 21-22 November 2016 | London Two-day training on financial instruments focusing on equity, quasi equity and guarantees. This training will be performed on advanced level and includes several practical case studies.