2009/382/EC: Commission Decision of 28 January 2009 concerning State aid C 27/05 (ex NN 69/04) granted for the purchase of forage in the Region of Friuli-Venezia Giulia (Article 6 of Regional Law No 14 of 20 August 2003 and call for expressions of interest published by the Chamber of Commerce of Trieste) (notified under document number C(2009) 187)
The aid scheme for the purchase of forage implemented unlawfully by the Chamber of Commerce of Trieste (Italy, Region of Friuli-Venezia Giulia), in infringement of Article 88(3) of the Treaty is incompatible with the common market in that it provides aid exceeding that resulting from the method for calculating aid laid down in point 11.3 of the Community Guidelines for State aid in the agriculture sector. The aid granted under the scheme is compatible with the common market up to the amount resulting from the method for calculating aid laid down in point 11.3 of the above Guidelines and incompatible for the part exceeding that amount.
Individual aid granted under the scheme referred to in Article 1 shall not constitute State aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Regulation (EC) No 994/98 which is applicable at the time the aid is granted.
1. The Chamber of Commerce of Trieste (Italy) shall recover the incompatible aid granted under the scheme referred to in Article 1 from the beneficiaries.
2. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008 ( 10 ) amending Regulation (EC) No 794/2004.
1. Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.
2. Italy shall ensure that this Decision is implemented within four months of its notification.
1. Within two months of notification of this Decision, Italy shall submit the following information:
(a)
the total amount (principal and interest) to be recovered from each beneficiary;
(b)
a detailed description of the measures already taken and those planned to comply with this Decision;
(c)
documents demonstrating that the beneficiaries have been ordered to repay the aid.
2. Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries
This Decision is addressed to Italy.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
