98/693/EC: Commission Decision of 1 July 1998 concerning the Spanish Plan Renove Industrial system of aid for the purchase of commercial vehicles (August 1994 - December 1996) (notified under document number C(1998) 2048) (Only the Spanish text is authentic) (Text with EEA relevance)

• Articles: 6

Article 1

Aid granted under the Plan Renove Industrial to regional public bodies and bodies providing local public services, in the form of interest rate subsidies on loans for the purchase of commercial vehicles between August 1994 and December 1996, under the cooperation Agreement of 27 September 1994 between the Spanish Ministry of Industry and Energy and the Instituto de Crédito Oficial, does not constitute State aid within the meaning of Article 92(1) of the Treaty.

Article 2

Aid granted to natural persons or SMEs pursuing a business other than transport on a solely local or regional level, for the purchase of commercial vehicles of Category D, does not constitute State aid within the meaning of Article 92(1) of the Treaty.

Article 3

All other aid granted to natural persons and SMEs constitutes State aid within the meaning of Article 92(1) of the Treaty, is illegal and is incompatible with the common market.

Article 4

Spain shall abolish and recover the aid referred to in Article 3. The aid shall be repaid in accordance with the provisions of national law, and maturity interest shall be added to the sums recovered. The interest shall be calculated on the basis of the reference rates used in evaluating regional aid schemes and shall run from the date when the illegal aid was granted until the date when it is actually repaid.

Article 5

Spain shall inform the Commission, within two months of the date of notification of this Decision, of the steps it has taken to comply therewith.

Article 6

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 1 July 1998.

For the Commission

Neil KINNOCK

Member of the Commission

(1) OJ C 266, 13. 9. 1996, p. 10.

(2) Exchange rate of 11 May 1998: 1 ECU = ESP 167,182.

(3) OJ L 175, 23. 7. 1968, p. 13.

(4) OJ L 95, 9. 4. 1992, p. 1.

(5) OJ L 390, 30. 12. 1989, p. 3.

(6) OJ L 279, 12. 11. 1993, p. 1.

(7) OJ L 350, 31. 12. 1994, p. 9.

(8) OJ L 74, 20. 3. 1992, p. 1.

(9) OJ L 4, 8. 1. 1998, p. 1.

(10) OJ L 251, 29. 8. 1992, p. 1.

(11) See footnote 1.

(12) OJ C 213, 19. 8. 1992, p. 2 and OJ C 213, 23. 7. 1996, p. 4.

(13) OJ L 107, 30. 4. 1996, p. 4.

(14) [1984] ECR 1451.

(15) [1991] ECR I-1433.

(16) OJ C 68, 6. 3. 1996, p. 9.

(17) OJ C 128, 8. 5. 1993, p. 6.

(18) OJ C 70, 8. 3. 1996, p. 6.

(19) Article 3 of Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (OJ L 251, 29. 8. 1992, p. 1) and Council Regulation (EEC) No 1191/69 of 26 July 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ L 156, 28. 6. 1969, p. 1) as last amended by Regulation (EEC) No 1893/91 (OJ L 169, 29. 6. 1991, p. 1).

(20) OJ L 130, 15. 6. 1970, p. 1.

(21) OJ L 84, 26. 3. 1997, p. 6.

(22) [1980] ECR 2671.

(23) OJ C 72, 10. 3. 1994, p. 3.

(24) Paragraph 18 of the Communication of the Commission of 1975, COM(75) 77 final, 26. 2. 1975.

(25) OJ L 66, 6. 3. 1998, p. 18.

(26) OJ C 156, 22. 6. 1995, p. 5.