Expert support in the context of the State aid framework applicable to financial institutions

The subject of this call for tenders is expert consultancy services and reports in the context of the State aid framework applicable to financial institutions. Pursuant to article 108(3) TFEU, Member States have to notify State aid to the European Commission. The Member States can provide support to financial institutions in several ways.

In case of unsound or failing credit institutions, Directive 2014/59/EU establishing a framework for the recovery and resolution of credit institutions and investment firms is applicable ("BRRD"- OJ L 173, 12.06.2014, p. 190). In case of impaired assets, the valuation has to be based on the Communication Paper on the Treatment of Impaired Assets in the Community Banking Sector (OJ C 72, 26.03.2009, p. 1). Member States can also provide support outside the BRRD in situations specified in the Communication from the Commission on the application of State aid rules to support measures in favour of banks (the 2013 "Banking Communication" - OJ C 216, 30.07.2013, p. 1).

Lastly, Member States can provide support that is free of State aid that is in line with the Market Economy Operator Principles as summarised in Section 4.2 of the Commission Notice on the notion of State aid (OJ C 262, 19.07.2016, p. 1). The call for tenders is divided into three lots. Lot 1 will be used for the determination of whether a measure is in line with the Impaired Assets Communication, incorporating detailed asset valuations.

Lot 2 will be used to obtain external support for determining whether a valuation that is conducted by another party is based on appropriate and consistent methodologies. Lot 3 will be used when expert support is needed for market conformity assessments in non-impaired asset measures, such as public guarantee measures, equity injections, or funding support. The Commission anticipates to utilize the expert support services on multiple occasions over the next few years.

Although the broad scope of services may be described in advance, the timing, quantity or the specific focus of the needed services can only be known in the context of the specific case to be assessed within this period.