In accordance with the decision of the Parliament:

ARTICLE 1 (22.12.2009)

Scope and purpose

This Act provides for transparency in the financial relations between the Finnish general government and certain undertakings, the separation of accounts of undertakings entrusted with the operation of services of general economic interest, and To the Commission of the European Communities.

The purpose of the Act is to safeguard the ability of the Commission and national authorities to monitor compliance with Community competition and State aid rules as laid down in the transparency of financial relations between Member States and public undertakings. And Commission Directive 2006 /111/EC on the transparency of the economic activities of certain undertakings ('the transparency directive ') and the application of the provisions of Article 86 (2) of the EC Treaty to certain general economic Enterprises providing services for purposes In Commission Decision 2005 /842/EC on State aid for public services.

ARTICLE 2

Definitions

For the purposes of this law:

(1) Public authority The state, municipalities, groups of municipalities, the Evangelical Lutheran Church and Orthodox Church, and their congregations, the National Pensions Office and the Bank of Finland;

(2) Company Any entity engaged in economic activity, irrespective of their legal form;

(3) Public undertaking An undertaking where public bodies directly or indirectly exercise control over ownership, financial participation or the rules applicable to the undertaking; general government is deemed to exercise control over an undertaking if: Directly or indirectly:

-a majority of the company's share capital or other subscribed capital;

-controlling the majority of the voting rights of the company; or

-the possibility of setting more than half of the members of the administrative, management or supervisory body of the undertaking;

(4) Public industrial undertaking All public undertakings active in the manufacturing sector which fall within the category D, i.e. industry, of the economic classification of the Statistics Centre;

(5) An undertaking subject to a separate accounting All undertakings to which the public body has granted special or exclusive rights pursuant to Article 86 (1) of the Treaty establishing the European Community or which have been entrusted with the general provisions of Article 86 (2) of the Treaty The production of services of economic interest, in addition to which the undertaking has different functions; whereas, in the case of services of general economic interest, the question referred to in this paragraph , in addition to the fact that the company has been granted such a service, or A form of public funding for the operation.

For the purposes of paragraph 1 (5):

(a) Different activities On the other hand, all products or services for which special rights or exclusive rights have been granted to the undertaking, or any service of general economic interest entrusted to the undertaking and, on the other hand, Separate products and services produced by the company;

(b) Exclusive rights The right granted by a public body to a single undertaking by law, regulation or administrative decision, and which gives the undertaking concerned the right to provide certain services or to pursue a particular activity in a given geographical area; Region;

(c) Special rights Rights granted by a public body to a limited number of undertakings in a given geographical area by law, regulation or administrative decision,

-limit the number of undertakings which are allowed to provide certain services or engage in a particular activity, in a manner other than objective, proportionate and non-discriminatory criteria, or

-appoint a number of competing undertakings to provide certain services or engage in a particular activity in any way other than objective, proportionate and non-discriminatory criteria; or

-the award of benefits to the undertaking or undertakings, on the basis of objective, proportionate and non-discriminatory criteria, which have a significant impact on the ability of other undertakings to provide the same services or engage in the same activity; In the geographical area in all relevant circumstances under similar circumstances; and

(d) General Service of economic interest Economic services within the meaning of Articles 16 and 86 of the Treaty establishing the European Community, which are entrusted with tasks of general interest and whose producer has therefore imposed specific public service obligations. (22.12.2009)

ARTICLE 3

Transparency and disclosure requirements

Transparency and disclosure of public undertakings shall apply to:

(1) public funds directly granted by general government to public undertakings;

(2) public funds granted by public bodies through undertakings or financial institutions to the public undertakings referred to in paragraph 1; and

(3) the actual use of the public funds referred to in paragraphs 1 and 2.

Transparency and disclosure requirements for companies with separate accounting obligations shall apply to:

1. The presentation of revenue and expenditure arising from different activities; and

(2) details of the methods used to allocate revenue and expenditure to different activities.

§ 4

Scope of application

This Act does not apply to the economic relations within the meaning of Article 3 (1) which the public body has:

1) public undertakings in respect of activities which are not likely to affect trade between the Member States of the European Community;

2) Bank of Finland;

(3) a public credit institution for deposits of public funds which are carried out by general government on normal commercial terms; or

(4) public undertakings with an annual turnover of less than EUR 40 million for the last financial year preceding the allocation or use of the funds referred to in Article 3 (1); However, the limit value is the balance sheet total of EUR 800 million.

The separate accounting obligation referred to in Article 3 (2) shall not apply to activities which are subject to a national legal act or separate accounts for separate accounts issued on the basis of other European Community legislation The Community Regulation.

In addition, the separate accounting obligation referred to in Article 3 (2) shall not apply to:

(1) undertakings which are not likely to have a significant effect on trade between Member States of the European Community;

(2) undertakings for which the compensation paid for the provision of services of general economic interest is wholly in accordance with Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid; On de minimis aid referred to in Article 2 of Council Regulation (EC) No 994/1998 De minimis aid );

(3) undertakings entrusted with a transparent and non-discriminatory procedure in accordance with Article 86 (2) of the Treaty for the provision of services of general economic interest, provided that any form of public service The funding has been granted for a given period;

(4) undertakings with an annual turnover of less than EUR 40 million for the last two years preceding the year preceding the year in which the public body has granted them Article 86 (1) of the Treaty establishing the European Community; Special rights or exclusive rights or in which it has been entrusted with the provision of services of general economic interest within the meaning of Article 86 (2) of the Treaty; however, as regards public credit institutions, the corresponding threshold is: Balance sheet total of EUR 800 million.

(22.12.2009)

An undertaking exempted under Article 6 (4) shall draw up the unbundling calculation referred to in Article 6a if it receives public funding for the provision of a service of general economic interest. (22.12.2009)

§ 5

Transparency obligation for public undertakings

The obligation to provide information on the financial relations between general government and public undertakings referred to in Article 3 (1) shall relate in particular to:

(1) coverage of losses due to activities;

(2) capital maintenance;

(3) grants which do not need to be reimbursed and loans granted under particularly favourable conditions;

(4) the granting of financial benefits by giving up the profits or the recovery of claims;

(5) the abandonment of the public funds used for the normal return; and

(6) compensation for the financial obligations imposed by the public body.

In so far as the turnover of the public industrial undertaking referred to in Article 2 (1) (4) for the last financial year has been more than eur 250 million, in the case of information covered by the transparency obligation, the transparency directive 8 Is provided for. (22.12.2009)

ARTICLE 6

Separate accounting obligations

In order to ensure the disclosure of information referred to in Article 3 (2), the reporting entity shall be obliged to keep separate accounts for the various activities in such a way as to:

(1) in accordance with the principles of cost accounting consistently applied and objectively justified, disaggregated and focused on all activity-specific income and expenditure; and

(2) a clear description of the principles of the cost calculation mentioned above.

The revenue and expenditure of the activities differentiated according to this law must be presented as a profit and loss account for the financial years, which must be derived from the accounts of the individual accounting entity. The calculation of the profit and loss account shall apply mutatis mutandis to the accounting rules applied by the undertaking of the reporting entity.

The profit and loss accounts of the specified activities, together with the additional information, shall be publicly available and shall be included in the financial statements of the undertaking of the reporting entity.

The precise content and publication of the profit and loss account of the different activities and its additional information may be laid down separately by the Government Decree.

§ 6a (22.12.2009)

Separation calculation

The undertaking referred to in Article 4 (4) shall, for each financial year, draw up a calculation showing the income and costs of the service activities subject to the obligation to unbundle ( Differentiation calculation; ).

Any income derived from a differentiated service activity should be included in the differentiation calculation. Accordingly, any variable costs arising from the provision of services and a portion of the fixed costs incurred in the service activity shall be deducted from these revenues.

Depreciation and financial charges related to investment are calculated to the extent that those investments are necessary for the production of the service. In addition, in the calculation of the differentiation, a reasonable return on equity, as defined in the service activity, may be deducted. The unbundling criteria applied shall be identified in the calculation.

The statement of reasons and the financial statements for the corresponding financial year shall be transmitted within two months of the adoption of the financial statements to the public body entrusted with the service. If the company's financial statements have been audited by the audit law (17/01/2015) Shall also be accompanied by an auditor's opinion on this calculation. By way of derogation from this paragraph, the public body may order the submission of the information contained in the differentiation calculation in any other way if the public funding has been granted for the implementation of a one-off project. (18/09/1225)

The statement of reasons and the financial statements for the corresponding financial year shall be transmitted within two months of the adoption of the financial statements to the public body entrusted with the service. If the company's financial statements have audited the audit law (459/2007) in Article 2 Shall also be accompanied by an auditor's opinion on this calculation. By way of derogation from this paragraph, the public body may order the submission of the information contained in the differentiation calculation in any other way if the public funding has been granted for the implementation of a one-off project.

The precise content of the separation calculation may be laid down by a decree of the Council.

§ 7

Data retention

The information obligation laid down in Article 3 (1) shall cover all information relating to economic relations within the meaning of this Act for a period of five years from the end of the financial year in which the public funds have been awarded to the public The company. However, if the same funds are used in subsequent years, the five-year period shall be calculated from the end of the latter accounting year.

The retention of the data subject to the reporting obligation provided for in Article 3 (2) shall be valid for the purposes of keeping the accounting records of the individual reporting entity.

For a period of at least 10 years, the public body issuing the service shall keep all the information necessary to demonstrate that there is no overcompensation for the service. The information shall be communicated to the Commission at its written request. (22.12.2009)

§ 8

Data collection

The compilation and availability of the information referred to in Article 3 (1) shall be carried out by each ministry for public undertakings operating under its administration. In addition, with regard to the compilation and availability of information on economic relations between general government and public undertakings, the Ministry of the Interior, the Evangelical Lutheran Church and the Orthodox For the church and their churches, the Ministry of Education, the Ministry of Social Affairs and Health and the Ministry of Finance for the Bank of Finland. Public undertakings and public bodies shall be obliged to surrender to the relevant ministries or to the authorities designated by them the information, documents or other studies referred to in this Act which are necessary in accordance with To carry out the tasks.

For information and guidance on the obligation to draw up the information referred to in Article 3 (2) of this Law, each ministry or other public entity mentioned in paragraph 1 shall be responsible for the undertaking to which it has granted special or exclusive rights. Or entrusted the production of services of general economic interest. The compilation and availability of information shall be carried out by each undertaking subject to the separate accounts. Undertakings shall be obliged to surrender, upon request, the information, documents or other reports referred to in this Act to the relevant ministry or to the authority designated by that authority.

§ 9

Annual reports of public industrial companies

Every year the financial information required by the Directive amending the Transparency Directive, as specified in the latter Directive, is submitted to the Commission of the European Communities. The Commission shall also be required to provide any additional information it deems necessary to assess the information submitted to it.

By 31 March each year, the Commission shall receive a list of publicly owned enterprises and their turnover. Each ministry shall submit the above information to the Ministry of Trade and Industry as referred to above.

The annual data referred to in paragraph 1 shall be transmitted to the Commission within 14 working days of the publication of the annual accounts of the public undertaking concerned. In all cases, and in particular for undertakings which do not public accounts, the information required shall be transmitted to the Commission no later than nine months after the end of the company's financial year.

The Ministry shall provide the information required to the Ministry of Employment and the Economy so promptly that they can be submitted to the Commission within the time limit laid down in this Article. (22.12.2009)

ARTICLE 10

Access to information and communication

Notwithstanding the provisions of the law on the publicity of public authorities (18/09/1999) Or any other law provides for secrecy, the ministry and any other authority shall have the right to obtain from undertakings the information referred to in this Act for the performance of their duties under this Act. The publication of the documents of the Evangelical Lutheran Church and its congregants is in force, as is expressly provided for in the church law. (1054/1993) .

The Ministry concerned shall have the right, notwithstanding the provisions of confidentiality, to continue to provide the information it receives under this Act to the Commission of the European Communities, to the extent necessary for the transparency obligation of this law.

ARTICLE 11

Entry into force

This Act shall enter into force on 1 February 2003.

This law repeals the Act of 12 February 1993 on the notification requirement for certain public undertakings (183/1993) With its subsequent modifications.

However, for the first time, the provisions on the separate accounting requirements of this Act shall apply to the accounts for the financial year starting on or after 1 January 2004.

NO 215/2002 , TaVM 23/2002, EV 185/2002 Commission Directives 2000 /52/EC (32000L0052); OJ L 193, 29.7.2000, p. 75, 93 /84/EEC (31993L0084); OJ L 254, 12.10.1993, p. 16, 85 /413/EEC (31985L0413); OJ L 229, 28.8.1985, p. 20 and 80 /723/EEC (31980L0723); OJ L 195, 29.7.1980, p. 35