Commission Decision of 17 July 2013 on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain Tax scheme applicable to certain finance lease agreements also known as the Spanish Tax Lease System (notified under document C(2013) 4426) (Only the Spanish text is authentic) (Text with EEA relevance) (2014/200/EU)

• Articles: 8

Article 1

The measures resulting from Article 115(11) TRLIS (early depreciation of leased assets), from the application of the tonnage tax scheme to non-eligible undertakings, vessels or activities and from Article 50(3) RIS constitute State aid to the EIGs and their investors, unlawfully put into effect by Spain since 1 January 2002 in breach of Article 108(3) of the Treaty on the Functioning of the European Union.

Article 2

The State aid measures referred to in Article 1 are incompatible with the internal market, except to the extent that the aid corresponds to a remuneration in conformity with the market for the intermediation of financial investors and that it is channelled to maritime transport companies eligible under the Maritime Guidelines in compliance with the conditions imposed in those Guidelines.

Article 3

Spain shall put an end to the aid scheme referred to in Article 1 to the extent that it is incompatible with the common market.

Article 4

1.   Spain shall recover the incompatible aid granted under the scheme referred to in Article 1 from the EIG investors that have benefited from it, without the possibility for such recipients to transfer the burden of recovery to other persons. However, no recovery shall take place in respect of aid granted as part of financing operations in respect of which the competent national authorities have undertaken to grant the benefit of the measures by a legally binding act adopted before 30 April 2007.

2.   The sums to be recovered shall bear interest from the date on which they were made available to the recipients until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004  ( 138 ) and Commission Regulation (EC) No 271/2008  ( 139 ) amending Regulation (EC) No 794/2004.

4.   Spain shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this Decision.

Article 5

1.   Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.

2.   Spain shall ensure that this Decision is implemented within four months of the date of notification of this Decision.

Article 6

1.   Within two months of notification of this Decision, Spain shall submit the following information:

(a)

the list of recipients that have received aid under the scheme referred to in Article 1 and the total amount of aid received by each of them under the scheme;

(b)

the total amount (principal and recovery interest) to be recovered from each beneficiary;

(c)

a detailed description of the measures already taken and planned to comply with this Decision;

(d)

documents demonstrating that the recipients have been ordered to repay the aid.

2.   Spain 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 recovery interest already recovered from the recipients.

Article 7

This Decision is addressed to the Kingdom of Spain.

Schedules & Appendices

ANNEX

ANNEX

Information about the amounts of aid received, to be recovered and already recovered

Identity of the beneficiary

Total amount of aid received under the scheme  ( *1 )

Total amount of aid to be recovered  ( *1 )

(Principal)

Total amount already reimbursed  ( *1 )

Principal

Recovery interest

( *1 )   Million of national currency.