SUMMARY INFORMATION SHEET ON AID MEASURES IN FORCE ON 1st MAY 2004
(EXISTING AID)
1. GENERAL ASPECTS
Country: Poland
Title of the aid measure
(English):
Relief of charges related to
hereditary tenure of lands underneath the railway infrastructure;
Title of the aid measure
(Original language):
Zwolnienie z opłat z tytułu użytkowania
wieczystego gruntów zajętych pod infrastrukturę kolejową;
Legal basis (precise
reference):
Art. 6a of the Law of 27 June
1997 on railway transport (Journal of Laws of 1997 No 96, item 591, as
amended), repealed by the Law of 28 March 2003 on railway transport
(Journal of Laws of 2003 No 86, item 789, as amended);
Art. 8 of the Law of 28 March
2003 on railway transport (Journal of Laws of 2003 No 86, item 789, as
amended);
Ministry or other
administrative body responsible for the measure and its implementation:
Central and local
authorities;
Person(s) to contact:
Agata Mazurkiewicz,
telephone number: 48 22 55 60
144
e-mail: amazurkiewicz@uokik.gov.pl
Level at which the measure
is administered (central government, regional, other)?
Central and local
authorities;
When did the measure enter
into effect?
1 January 1999 - entry into
force of Article 6a of the Law of 27 June 1997 on railway transport, after
repealing the a.m. law the relief was maintained by the Law of 28 March 2003
on railway transport, which entered into force on 1 April 2003.
What is the duration of
the measure (expiry date)?
Unlimited duration;
2. DESCRIPTION OF THE
MEASURE
Which transport sector is
eligible (rail, aviation, maritime, etc.)?
Rail;
What are the main aim(s)
and objectives of the aid?
The main objective of the aid
is improving the attractiveness and competitiveness of railway transport. The
release from hereditary tenure of lands payments results in the decreased cost
beard by railway infrastructure managers, consequently the charges for usage
of infrastructure incurred by railway undertakings are lower.
Form of the measure
(scheme, ad hoc, individual)
Aid scheme;
What are the instruments
(or forms) of aid?
Relief of charges related to
hereditary tenure of lands;
For each instrument of aid
please give a short description of the conditions applying to the instrument.
The land underneath the
railway infrastructure is by law released from charges related to hereditary
tenure. Railway infrastructure means railways and other constructions,
buildings and installations including the land underneath, placed on railway
territory, intended for management, for handling personnel and carriage
transport and for maintenance necessary for that purpose assets.
Budget: give the overall
budget made available for the measure (in local currency and Euro).
Not estimated
Is the budget adopted
annually? If yes, what is the average annual budget?
No
Specify the eligible
beneficiaries (i.a. their character and estimated number).
Infrastructure managers;
Is the aid available on
non-discriminatory basis, open to all potential beneficiaries, irrespective of
nationality?
Yes - the aid is a general
measure open to all potential beneficiaries.
What are the eligible
costs?
Not estimated;
What is the maximum aid
intensity?
Specify the criteria
according to which the amount of aid and/or the aid intensity has been
calculated.
Does the measure provide
"operating aid"? If "Yes", please provide details.
Yes, the aid results in
decreased costs incurred by railway infrastructure managers.
If the measure relates to
services of general economic interest or public service obligations, please
specify by what means this task has been entrusted to the undertaking and how
compensation is calculated.
May the aid in question be
cumulated with any other aid measures in operation and if so, does the measure
contain provisions limiting the cumulation of aid?
Apart from the aid in question
railway infrastructure managers may be granted aid on the basis of other aid
measures. As the aid in question is treated as a general measure there are no
provisions limiting the cumulation of this aid.
Does the aid measure fall
within existing exemption regulations or guidelines? If so, please specify.
According to the Polish
authorities the measure does not constitute State aid in the meaning of Article
87 of the EC Treaty. The measure aims at the development of railway
infrastructure. As far as railway infrastructure of State importance is
concerned there is a legal monopoly in Poland, so the assistance cannot distort
competition.
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