1999/183/EC: Commission Decision of 20 May 1998 concerning State aid for the processing and marketing of German agricultural products which might be granted on the basis of existing regional aid schemes (notified under document number C(1998) 1712) (Only the German text is authentic)

• Articles: 4

Article 1

National regional aid schemes in Germany are incompatible with the common market within the meaning of Article 92(1) of the EC Treaty, in so far as they do not comply with the guidelines and appropriate measures for State aid in connection with investments in the processing and marketing of agricultural products which were communicated to Germany by letter SG(95) D/13086 of 20 October 1995.

Article 2

Within two months of the date of this Decision Germany shall amend, or where necessary abolish, existing aids and existing aid schemes in order to ensure that they are compatible with the common market. In particular, in accordance with point 3(b) of the guidelines referred to in Article 1, Germany shall ensure that:

1. no State aid for investments in the processing and marketing of agricultural products shall be granted in respect of any of the investments which are referred to in the second and third indents of point 1.2 of the Annex to Decision 94/173/EC or which are excluded unconditionally by point 2 of that Annex;

2. no State aid for investments in the processing and marketing of agricultural products shall be granted in respect of the other investments referred to in point 2 of the Annex to Decision 94/173/EC unless they meet the special conditions laid down in that Annex.

Article 3

Germany shall inform the Commission of the measures taken to comply with this Decision within two months of notification thereof.

Article 4

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 20 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ C 29, 2. 2. 1996, p. 4.

(2) OJ C 36, 5. 2. 1997, p. 13.

(3) OJ L 91, 6. 4. 1990, p. 1; this Regulation has subsequently been replaced by Council Regulation (EC) No 951/97 of 20 May 1997 on improving the processing and marketing conditions for agricultural products; OJ L 142, 2. 6. 1997, p. 22.

(4) OJ L 79, 23. 3. 1994, p. 29.

(5) OJ C 189, 12. 7. 1994, p. 5.

(6) OJ L 163, 29. 6. 1990, p. 71.

(7) See, in particular, Regulation 26 of 4 April 1962 on the production and marketing of agricultural products (OJ 30, 20. 4. 1962, p. 993/62).

(8) [1997] ECR I-135.

(9) Paragraph 337.

(10) Paragraph 317.

(11) Paragraph 506.

(12) Paragraph 550.

(13) Paragraph 371.

(14) Annex to the Guidelines for State aid in connection with investment in the processing and marketing of agricultural products.

(15) See footnote 3.