2001/605/EC: Commission Decision of 26 July 2000 on the aid scheme implemented by Spain for the purchase of commercial vehicles via the Cooperation Agreement of 26 February 1997 between the Ministry of Industry and Energy and the Official Credit Institute (Text with EEA relevance) (notified under document number C(2000) 2465)
Data as of 2026-07-04 Β· Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Β· Read the official text β
Financial aid granted under the Cooperation Agreement of 26 February 1997 to natural persons registered for Spanish tax on economic activities or SMEs engaged in a business other than transport and operating on a solely local or regional level for the purchase of a commercial vehicle covered by Category D in the Agreement does not constitute aid within the meaning of Article 87(1) of the Treaty.
All other financial aid granted under the Cooperation Agreement of 26 February 1997 to natural persons registered for Spanish tax on economic activities or to SMEs is incompatible with the common market.
Spain shall confirm to the Commission that no aid has been granted under the scheme in question since its expiry on 31 December 1997 and that the aid measure has ceased to apply.
1. Spain shall take all necessary measures to recover from the recipients the aid referred to in Article 2 made available to them unlawfully. 2. Recovery shall be effected without delay and in accordance with the procedures of national law, provided that these allow immediate and effective execution of this Decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiaries until the date of its recovery. Interest shall be calculated at the reference rate used for calculating the grant-equivalent of regional aid.
Spain shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Kingdom of Spain. Done at Brussels, 26 July 2000. For the Commission Loyola De Palacio Vice-President (1) OJ C 29, 4.2.1999, p. 14. (2) See footnote 1. (3) OJ L 329, 5.12.1998, p. 23. (4) Commission notice on the de minimis rule for State aid (OJ C 68, 6.3.1996, p. 9). See also the Community Guidelines on State aid for small and medium-sized enterprises (OJ C 213, 19.8.1992, p. 2 and OJ C 213, 23.7.1996, p. 4). (5) Freight transport; Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (OJ L 95, 9.4.1992, p. 1) and Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1). Passenger transport; Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ L 74, 20.3.1992, p. 1) and Council Regulation (EEC) No 12/98 of 11 December 1997 laying down conditions under which non-resident carriers may operate national road passenger transport within a Member State (OJ L 4, 8.1.1998, p. 10). It should be noted that the latter Regulation replaced Council Regulation (EEC) No 2454/92, which was annulled by the Court of Justice of the European Communities in its judgment of 1 June 1994 in Case C-388/92 Parliament v. Council (ECR 1994, I-2067). However, the provisions of Regulation No 2454/92 remained effective until the entry into force of Regulation No 12/98. (6) Available statistical data show that between 1990 and 1995 approximately 3 % of all Community cabotage was performed in Spain. It can thus be concluded that carriers established in Spain do in fact compete with non-resident transport operators. See the Report on the implementation of Regulation (EC) No 3118/93 (COM(98) 47 final of 4 February 1998). (7) The fragmented transport market structure in Spain is confirmed by statistical data (EU Transport in figures, Statistical Pocketbook, European Commission/Eurostat 1998). (8) See footnote 3. (9) ECR 1980, p. 2671. (10) See Community Guidelines on State aid for environmental protection (OJ C 72, 10.3.1994, p. 3). (11) Commission Decision 98/128/EC (OJ L 66, 6.3.1998, p. 18) and judgment of the Court of Justice of 8 June 1995 in Case T-459/93, Siemens SA v Commission, ECR 1995, p. II-1675. (12) OJ L 83, 27.3.1999, p. 1.
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.