The Antimonopoly Committee of Ukraine explained the term “infrastructure facility”

The Antimonopoly Committee of Ukraine explained the term “infrastructure facility”

Relevant information contained in the Explanations on the application of state aid legislation № 2-рр/дд submitted by the Committee on February 28, 2018

As it known, paragraph 2 of Article 3(2) of the Law of Ukraine “On State Aid to Undertakings” in particular, stipulates that the Law does not apply to the support of economic activity related to investments in infrastructure facilities using public procurement procedures.

However, during the enforcement of this Law it was found that the national legislation of Ukraine does not contain a single definition of the term “infrastructure facility”.

By providing Explanations on this issue, the Antimonopoly Committee has worked out and summarized information obtained from a number of state bodies of Ukraine and European experts, analyzed sectoral legislative acts containing terms “fuel and energy complex facilities”, “energy facility”, “electric power facility”, “gas infrastructure facilities”, “fuel and energy complex facilities”, “infrastructure of the building distribution network”, “infrastructure of cable telecommunication sewage”, “infrastructure of the construction object”, “infrastructure of the electric power facility”, “infrastructure of the transport facility”, “general use port infrastructure facilities”, “port infrastructure of general use”, “strategic port infrastructure facilities”, “railway transport infrastructure”, “critical infrastructure facilities”, “research infrastructure” and so on.

The results of the analysis, the Committee concluded that the term “infrastructure facility” within the meaning of paragraph 2 of Article 3(2) of the Law of Ukraine “On State Aid to Undertakings” includes the facilities specified in the relevant acts and described in the Explanation.

At the same time, the Explanation stresses that paragraph 2 of Article 3(2) of the Law can be applied only in case of use of a competitive selection procedure of the operator / user of the infrastructure facility.

Categories: AМCU

Recomended Posts

Leave a Reply