L_2013220EN.01002001.xml
| 17.8.2013 | EN | Official Journal of the European Union | L 220/20 |
COMMISSION DECISION
of 2 May 2013
on State aid SA.22843 (2012/C) (ex 2012/NN) implemented by France in favour of Société Nationale Maritime Corse-Méditerranée
(notified under document C(2013) 1926)
(Only the French text is authentic)
(Text with EEA relevance)
(2013/435/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2)(1) thereof;
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof (1),
Having regard to Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (2),
Having invited the interested parties to submit their comments in accordance with the said Articles (3), and having regard to those comments,
Whereas:
1. PROCEDURE
| (1) | By letters dated 27 September, 30 November and 20 December 2007 the Commission received a complaint from Corsica Ferries about illegal, incompatible aid allegedly received by Société Nationale Corse-Méditerranée (‘SNCM’) and Compagnie Maritime de Navigation (‘CMN’) under the public service delegation contract signed between the Corsican regional authorities and the Corsican Transport Board, on the one hand, and SNCM and CMN, on the other. The contract concerns the shipping routes between Corsica and Marseille during the period 2007-2013. By letters dated 20 May 2010, 16 July 2010, 22 March 2011, 22 June 2011, 15 December 2011 and 10 January 2012 the complainant sent additional information in support of its complaint. |
| (2) | By letters dated 17 March 2008, 12 November 2008, 13 October 2011 and 14 December 2011 the Commission requested additional information from France. The French authorities sent their comments and replies by letters dated 3 June 2008, 14 January 2009, 7 December 2011 and 20 January 2012. |
| (3) | By letter dated 27 June 2012, the Commission informed France of its decision to initiate the procedure under Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) on the potential aid to SNCM and CMN contained in the public service delegation contract. The Commission decision (the ‘opening decision’) was published in the Official Journal of the European Union (4) on 5 October 2012. |
| (4) | The French authorities submitted their comments and answers to questions contained in the opening decision in letters dated 13 July 2012, 7 September 2012, 14 November 2012 and 16 January 2013. |
| (5) | Corsica Ferries, SNCM and CMN submitted observations within the deadlines provided for in the opening decision. By letters dated 22 October 2012 and 21 December 2012, the Commission forwarded these observations to the French authorities. France sent its observations on the comments of the third parties by letters dated 3 January 2013 and 12 February 2013. |
2. FACTUAL BACKGROUND
2.1. THE LINK BETWEEN CORSICA AND THE MAINLAND
| (6) | As stated in the opening decision, the territorial continuity between Corsica and the mainland was provided by the first 25-year concession signed in 1976 between SNCM and CMN, on the one hand and the State, on the other. From 1 January 2002, only lines from Marseille were served by SNCM and CMN under a public service delegation contract signed with the regional authorities and the Corsican Transport Board for a period of five years. |
| (7) | For the other lines, a social assistance system (5) was set up in parallel. This system, and its extension for 2007-2013, was approved by the Commission (6). |
| (8) | Since 1 July 2007, SNCM and CMN have been providing a shipping service between Marseille and Corsica under the public service delegation contract, signed on 7 June 2007 (see section 2.5 below). This agreement will expire on 31 December 2013. |
| (9) | The main maritime transport companies operating on the market for the route between the French mainland and Corsica are SNCM, CMN (see sections 2.2 and 2.3 below) and Corsica Ferries, which operates services from Toulon and Nice. |
| (10) | For many years, the routes to Corsica have been very seasonal, with the bulk of passenger traffic during the summer months. During the 2000s, the main trend in the transport markets between Corsica and the French mainland was the development of the offer of crossings from Toulon, now the main port offering services to Corsica in terms of traffic. It is particularly important to note that the trend towards more traffic from Toulon predates the establishment of the social assistance system in 2002 and has continued since (7). This trend is consistent with the increase in the market share of the company Corsica Ferries. |
2.2. SNCM
| (11) | SNCM is a shipping company with its registered office in Marseille and was selected by the French government to ensure territorial continuity with Corsica in 1976. It provides a full range of lines to Corsica from Marseille and Nice, connecting these ports to those of Ajaccio, Bastia, Calvi, Ile Rousse, Porto Vecchio and Propriano. |
| (12) | SNCM also provides a service to Sardinia (Porto Torres) from Marseille and Corsica (Ajaccio and Propriano). Finally, it connects Algeria (Algiers, Skikda, Bejaia, Oran) and Tunisia from Sète, Marseille and Toulon. |
| (13) | Until May 2006, SNCM was 80 % owned by the Compagnie générale maritime et financière (CGMF) (8) and 20 % was held by the Société nationale des chemins de fer (SNCF). On 26 January 2005, the French government began to privatise SNCM, accepting the bid by Butler Capital Partners (holding a 38 % stake) associated with the Connex Group, a subsidiary of Veolia (with a 28 % stake). The employees were allowed a 9 % stake, and the State held on to the remaining 25 % through CGMF. |
| (14) | This privatisation process included a clause on termination in favour of Butler Capital Partners and Veolia, and could be invoked by the buyers, particularly in the following cases:
| — | should the Corsican regional authorities decide to launch a consultation on the awarding of a public service delegation contract effective from 1 January 2007 that did not substantially comply with the guidelines adopted by the Territorial Assembly of Corsica for the operation of routes between Marseille and Corsica from 1 January 2007 (9); |
| — | should the delegation be awarded to a third party or to SNCM under significantly less favourable economic conditions. | |
| (15) | The transfer to the private sector was accompanied by a series of restructuring measures subject to a separate procedure regarding the law on State aid (10). |
| (16) | On 10 November 2008, Butler Capital Partners sold its shares to Veolia Transport. In 2011, Veolia Transport merged with Transdev to form Veolia Transdev (11), which then held a 66 % stake. On 30 March 2012, Veolia Environnement concluded an agreement with CDC under which it would take over the 66 % stake in SNCM previously held by the joint venture, for a sale price of EUR 1. |
| (17) | SNCM currently operates a fleet of ten vessels, including six ferries (12) and four passenger cargo vessels, the Jean Nicoli (13), the Pascal Paoli, the Paglia Orba and the Monte d'Oro. |
2.3. CMN
| (18) | CMN is a private shipping company founded in 1931, with its head office in Marseille, whose main activity is operating freight and passenger shipping services to Corsica and Sardinia. |
| (19) | Before 2 October 2009, 53,1 % of CMN was owned by Compagnie Méridionale de Participations (CMP), 45 % by SNCM and 1,9 % by the employees. CMP was itself 55 % owned by Société de travaux industriels et maritimes d’Orbigny (STIM d'Orbigny), a subsidiary of the STEF-TFE Group, and 45 % was held by Compagnie Générale de Tourisme et d'Hôtellerie (CGTH), a subsidiary owned 100 % by SNCM. Since that date, the stakes that SNCM held directly and indirectly in CMN were acquired by the STEF group, which now holds a 97,9 % stake in CMN, with the employees holding the remaining 2,1 %. |
| (20) | CMN provides part of the services on the three routes between Corsica and Marseille (Marseille - Ajaccio, Marseille - Bastia and Marseille - Propriano) under the public service delegation contract (see section 2.5 below). In parallel, the company operates a route to Sardinia (Porto Torres) outside the public service delegation. To perform its business plan under the public service delegation, CMN has three passenger cargo vessels, the Girolata, the Piana (which replaced the Scandola) and the Kalliste. |
2.4. THE PUBLIC SERVICE DELEGATION CONTRACT 2007-2013
2.4.1. PROCUREMENT PROCEDURE UNDER THE PUBLIC SERVICE DELEGATION CONTRACT
| (21) | Here, the Commission provides only a brief review of the procurement procedure under the public service delegation contract, which is described in extenso in the opening decision. |
| (22) | On 24 March 2006, by Resolution No 06/22, the Corsican Assembly voted in principle to renew a public service delegation for maritime services to the ports of Bastia, Ajaccio, Balagne (Ile Rousse and Calvi), Porto Vecchio and Propriano from the port of Marseille by 1 January 2007. |
| (23) | A notice of a competitive public tender was published in the Official Journal of the European Union (OJEU) on 27 May 2006 and in the newspaper Les Echos on 9 June 2006. Four bids were submitted (14). Following the decision of 11 December 2006 by the Competition Council (15) and the judgment of 15 December 2006 by the Council of State (16), the procedure to award the public service delegation was cancelled in its entirety to ensure compliance with obligations concerning competitive |
...
