2002/267/EC: Commission Decision of 23 October 2001 on the measure and State aid implemented by Spain for Santana Motor (Text with EEA relevance) (notified under document number C(2001) 3061)

• Articles: 5

Article 1

The capital injection made by Soprea, a subsidiary of the Instituto de Fomento de Andalucía (IFA), into Santana Motor SA and amounting to ESP 3900 million does not constitute aid within the meaning of Article 87(1) of the Treaty.

The State aid which Spain has planned to implement for Santana Motor SA at Linares for the PS10 and Stella projects is compatible with the common market.

The State aid which Spain has planned to implement for Santana Motor SA at Linares for the Jimny and related projects is compatible with the common market within the meaning of Article 87(3)(a) of the Treaty, up to a maximum intensity of 13,8 % gross grant equivalent of the eligible investment amounting to ESP 8306 million in present value (calculated using a discount rate of 6,2 % from base year 1998).

Implementation of the aid, amounting to not more than ESP 1146228000 in present value (calculated using a discount rate of 6,2 % from base year 1998), is accordingly authorised.

Article 2

Any State aid in addition to the aid referred to in Article 1 that Spain plans to grant to Santana Motor SA for the Jimny and related projects is incompatible with the common market.

Article 3

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

Article 4

Spain shall present, in December each year until the project is completed, a report on the state of progress and financial implementation of the project and general compliance with the conditions set out in the notification of the aid in question.

Article 5

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 23 October 2001.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 328, 18.11.2000, p. 19.

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

(3) See footnote 1.

(4) Caja de Ahorros y Pensiones de Barcelona; Argentaria - Caja Postal y Banco Hipotecario SA; Caja de Ahorros y Monte de Piedad de Córdoba; Dexia, Banco Local SA; Caja Provincial de Ahorros de Jaén.

(5) Base year: 1998; discount rate: 6,20 %.

(6) OJ C 279, 15.9.1997, p. 1.

(7) See for example the Commission communication to the Member States - Application of Articles 92 and 93 of the EEC Treaty and of Article 5 of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector (OJ C 307, 13.11.1993, p. 3).

(8) [1991] ECR I-1603.

(9) The thresholds are EUR 50 million for the nominal cost of the investment project or EUR 5 million total gross aid.

(10) The Stella specifications for unladen mass, engine power and maximum speed are in line with the technical characteristics laid down in Article 1(3) of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles (OJ L 225, 10.8.1992, p. 72). This Directive was last amended by Parliament and Council Directive 2000/7/EC (OJ L 106, 3.5.2000, p. 1).