Investment aid for the construction or upgrade of energy infrastructure shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled.

Aid shall be granted for energy infrastructure located in assisted areas.

The energy infrastructure shall be subject to full tariff and access regulation according to internal energy market legislation.

The eligible costs shall be the investment costs.

The aid amount shall not exceed the difference between the eligible costs and the operating profit of the investment. The operating profit shall be deducted from the eligible costs ex ante or through a claw-back mechanism.

Aid for investments in electricity and gas storage projects and oil infrastructure shall not be exempt from the notification requirement under this Article.