2000/240/EC: Commission Decision of 22 December 1999 concerning an aid scheme implemented by Spain to finance operating capital in the agricultural sector in Extremadura (notified under document number C(1999) 5201) (Only the Spanish text is authentic)

• Articles: 5

Article 1

The aid granted before 30 June 1998 to processing undertakings and that granted after that date to farmers, agricultural cooperatives and other associations and to processing undertakings under the State aid scheme implemented by Spain by means of Government of Extremadura Decree No 35/1993 of 13 April 1993 on the financing of operating capital in the agricultural sector in Extremadura, with the exception of that for potatoes other than for starch, horsemeat, honey, coffee, vinous alcohol, spirit vinegar and cork, is incompatible with the common market.

Article 2

Spain shall abolish the aid scheme referred to in Article 1.

Article 3

1. Spain shall adopt all measures necessary to recover from the beneficiaries all aid referred to in Article 1 which has been granted illegally.

2. Recovery shall be immediate and in accordance with the procedures laid down in Spanish law, provided that these permit the immediate and effective implementation of this Decision. The amounts to be repaid must include interest from the date the aid was made available to the beneficiaries to its actual recovery. The interest must be calculated on the basis of the reference rate used to calculate the grant equivalent of regional aid.

Article 4

Spain shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.

Article 5

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 22 December 1999.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ C 225, 7.8.1999, p. 6.

(2) Diario Oficial de Extremadura No 45, 15.4.1993, p. 1027.

(3) See footnote 1.

(4) Diario Oficial de Extremadura No 114, 6.10.1998, p. 7412.

(5) OJ C 44, 16.2.1996, p. 2.

(6) By letter dated 4 July 1997, the Commission informed the Member States of its decision to suspend application of that Communication and, by letter dated 19 December 1997, informed them that it would reapply it from 30 June 1998.

(7) OJ 30, 20.4.1962, p. 993/62.

(8) OJ 53, 1.7.1962, p. 1571/62.

(9) Source:

Eurostat 1998.

(10) See footnote 5.

(11) Precedents: aid N603/93, N377/91, N29/91, N394/92, NN90/93, N109/94, N768/93, N423/93, N218/93, N108/92, N598/93 and N644/92.

(12) [1995] ECR II-1675.

(13) [1979] ECR 2161.

(14) [1973] ECR 813.

(15) [1987] ECR 901.

(16) [1990] ECR I-3437.

(17) OJ L 83, 27.3.1999, p. 1.

(18) OJ C 74, 10.3.1998, p. 9.