
Article 1 
The exemptions from the CSPE implemented by France for electricity self-generators under Law No 2003-8 of 3 January 2003 on the gas and electricity markets and on the public energy service (‘Law No 2003-8’) do not constitute State aid, within the meaning of Article 107(1) TFEU, where the electricity exempted from the CSPE was consumed by the self-generator to produce electricity.
Article 2 
The exemptions from the CSPE implemented by France for self-generators of electricity produced from renewable energy under Law No 2003-8 do not constitute State aid, within the meaning of Article 107(1) TFEU, with regard to the part of the CSPE that funded the generation of electricity from renewable energy.
Article 3 
The exemptions from the CSPE implemented by France for self-generators of electricity produced by high-efficiency cogeneration under Law No 2003-8 do not constitute State aid, within the meaning of Article 107(1) TFEU, with regard to the part of the CSPE that funded high-efficiency cogeneration.
Article 4 
The exemptions from the CSPE implemented by France in breach of Article 108(3) TFEU for electricity self-generators under Law No 2003-8 constitute State aid which is compatible with the internal market, within the meaning of Article 107(3)(c) TFEU, in cases other than those referred to in Articles 1, 2 and 3 of this Decision in so far as they are allocated to the funding of support for renewable energy, high-efficiency cogeneration, tariff equalisation and social tariffs and in so far as they did not exceed the amounts of the reductions in CSPE permitted by the adjustment plan.
Article 5 
The measures implemented by France in breach of Article 108(3) TFEU in the form of CSPE site caps and value added caps for electricity consumers under Law No 2003-8 constitute State aid compatible with the internal market, within the meaning of Article 107(3)(c) TFEU, in so far as they are allocated to the funding of support for renewable energy, high-efficiency cogeneration, tariff equalisation and social tariffs and in so far as they did not exceed the amounts of the reductions in CSPE permitted by the adjustment plan.
Article 6 
The Commission accepts the adjustment plans notified by France. France shall inform the Commission of the implementation of these plans in accordance with the terms set out in Articles 10 and 11 and the deadlines set out in Article 12.
Article 7 
The CSPE exemptions implemented by France in breach of Article 108(3) TFEU to assist electricity self-generators under Law No 2003-8 of 3 January 2003 on the gas and electricity markets and on the public energy service (‘Law No 2003-8’), and the measures implemented by France in breach of Article 108(3) TFEU in the form of CSPE site caps and value added caps outside the scope of Articles 1 to 5 of this Decision, constitute aid that is incompatible. France shall recover the unlawful and incompatible aid from the beneficiaries.
Article 8 
Any individual aid granted under the scheme referred to in Article 7 does not constitute State aid if, at the time it was granted, it satisfied the conditions laid down by the regulation adopted pursuant to Article 2 of Regulation (EC) No 994/98 that was applicable at that time.
Article 9 
Any individual aid granted under the scheme referred to in Article 7 which, at the time it was granted, satisfied the conditions laid down by a regulation adopted pursuant to Article 1 of Regulation (EC) No 994/98, or by any authorised aid scheme, is compatible with the internal market up to the maximum aid intensities applicable to that type of aid.
Article 10 

1. The sums to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiaries until the date of their actual recovery.
2. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004.
3. France shall cancel all outstanding payments of aid under the scheme referred to in Article 7 with effect from the date of notification of this Decision.
Article 11 

1. Recovery of the aid granted shall be immediate and effective.
2. France shall ensure that this Decision is implemented within four months of the date of its notification.
Article 12 

1. Within two months of notification of this Decision, France shall submit the following information to the Commission:
— the final list of beneficiaries of the aid granted under the scheme referred to in Articles 4, 5 and 7;
— the total amount of aid received under the scheme referred to in Articles 4, 5 and 7;
— the total amount of aid that each beneficiary can receive under the adjustment plan;
— the amounts of CSPE that each beneficiary has received and that are not aid under Articles 1 to 3;
— the total amount under the scheme referred to in Article 7 to be recovered from each beneficiary;
— the final total amount (principal and interest) recovered from each beneficiary;
— a detailed description of the measures planned to comply with this Decision.
2. The recovery procedure must have been implemented within four months of notification of this Decision. Within that period, France shall provide the Commission with documents proving that the beneficiaries have been given notice to repay the aid and that they have actually repaid the aid to be recovered.
3. France shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 7 has been completed. Whenever so requested by the Commission, France shall immediately submit information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries.
Article 13 
This Decision is addressed to the French Republic.
Done at Brussels, 31 July 2018.
For the Commission
Margrethe VESTAGER
Member of the Commission