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    Commission Decision (EU) 2020/1472 of 20 March 2020 on the State aid SA.39078 – 2... (32020D1472)
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    EU - Rechtsakte: 08 Competition policy
    (364) Therefore, as also confirmed by the General Court in its judgments of 13 December 2018, while it is reasonable to conclude that a project involving the construction of infrastructure that will provide an alternative to existing modes of transport entails the risk that the latter will have to significantly reduce their activities or even disappear, it is clear that the Fixed Link provides a solution which, on balance, has positive results. It is not for the Commission to call into question the choice made by the Danish authorities.
    (365) Taking into account the foregoing, the Commission considers that the aid, as further limited and reduced in the revised notification in response to the doubts raised in the Opening decision, only has limited negative effect on competition and trade that are outweighed by the positive effects in terms of contribution to the objective of common European interest.
    (366) It follows from the wording of the IPCEI Communication that there is no need to take into account possible negative elements unrelated to distortions of competition and impact on trade between Member States, or to make a specific environmental assessment in the context of the balancing test as suggested by NABU. The General Court confirmed that ‘
    although protection of the environment must be integrated into the definition and implementation of EU policies, particularly those that have the aim of establishing the internal market, it does not constitute, per se, one of the components of that internal market […]
    .
    Consequently, when identifying the negative effects of the measures at issue, the Commission is not obliged to take into account the extent to which the measures at issue are possibly detrimental to the implementation of
    [the]
    principle
    [of protection of the environment]’ (166).
    (367) In any event, the environmental impact of the project has been duly considered and mitigated by the national authorities and was found, in accordance with applicable Union and international law, not to preclude the project. In the decision making process on the Fixed Link, the Danish authorities duly considered the environmental impact of the project. The comprehensive and thorough environmental impact assessment that was carried out on the Danish side is described in detail in the preparatory notes to the Construction Act. It is clearly specified in those preparatory notes but also in the Fehmarn Belt Treaty, and therefore applicable both in Denmark and in Germany, that the requirements under EU and national law must be the basis for the preparation, construction and operation of the Fixed Link across the Fehmarn Belt. On the basis of the Planning Act, the Minister for Transport was authorised after negotiations with the Minister for Environment, to prepare the Environmental Impact Assessment (‘EIA’) reports for the construction project, including consultation and other necessary environmental assessment of the construction project. The Ministry of Environment, relevant authorities, companies and municipalities were involved and the EIA reports etc. were prepared in compliance with the EIA Directive.
    (368) It follows that the basis for the project has always been that it should be prepared, constructed and operated so that harmful effects on nature and the environment are prevented and considerable adverse impacts, especially regarding the European Natura 2000 Network, are countered adequately. The Commission therefore considers that, even if the environmental aspects had to be taken into account for the purposes of the balancing test, there is no indication that the alleged negative effects of the Fixed Link on the environment would be of such a magnitude that they are liable to change the outcome of the balancing test.
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