Article 5 · Commission Decision (EU) 2025/2630

Contents

Article 5Compensation#

1.The amount of compensation shall not exceed what is necessary to cover the net cost incurred in discharging the public service obligations, including a reasonable profit.

2.The net cost may be calculated as the difference between costs as set out in paragraph 3 and revenues as set out in paragraph 4. Alternatively, it may be calculated as the difference between the net cost for the undertaking of operating with the public service obligation and the net cost or profit of the same undertaking operating without the public service obligation.

3.The costs to be taken into consideration shall comprise all the costs incurred in operating the SGEI. They shall be calculated on the basis of the following generally accepted cost accounting principles:

(a)where the activities of the undertaking in question are confined to the SGEI, all its costs may be taken into consideration;

(b)where the undertaking also carries out activities falling outside the scope of the SGEI, only the costs related to the SGEI shall be taken into consideration;

(c)the costs allocated to the SGEI may cover all the direct costs incurred in operating the SGEI and an appropriate contribution to costs common to both the SGEI and other activities;

(d)the costs linked with investments, including infrastructure, may be taken into account when necessary for the operation of the SGEI.

4.The revenue to be taken into consideration shall include at least the entire revenue earned from the SGEI, regardless of whether the revenue is classified as State aid within the meaning of Article 107 of the Treaty. Where the undertaking in question holds special or exclusive rights linked to activities, other than the SGEI for which the aid is granted, that generate profits in excess of the reasonable profit, or benefits from other advantages granted by the State, those profits or benefits shall be included in its revenue, irrespective of their classification for the purposes of Article 107 of the Treaty. The Member State concerned may decide that the profits accruing from other activities outside the scope of the SGEI in question are to be assigned in whole or in part to the financing of the SGEI.

5.Where an undertaking carries out activities falling both inside and outside the scope of a particular SGEI or several SGEI, the internal accounts shall show separately the costs and receipts associated with each SGEI and those of other services, as well as the parameters for allocating costs and revenues. The costs linked to any activities outside the scope of the SGEI shall cover all the direct costs, an appropriate contribution to the common costs and an adequate return on capital. No compensation shall be granted in respect of costs linked to any activities outside the scope of the SGEI.

6.Member States shall require the undertaking concerned to repay any overcompensation received.