Commission Decision (EU) 2016/1700 of 7 April 2016 on State aid SA. 15836 (2012/C) (ex NN 34/2000 and NN 34A/2000) implemented by Austria (AMA marketing measures) (notified under document C(2016) 1972)
The State aid which Austria has implemented for the following measures and periods is compatible with the internal market within the meaning of Article 107(3)(c) of the Treaty on the Functioning of the European Union:
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aid for generic advertising in the period 1 January 2000 to 31 December 2001,
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advertising aid in the period 1 January 2002 to 31 December 2006,
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aid for/by way of advertising campaigns outside Austria and generic advertising in Austria, in the period 1 January 2002 to 1 January 2004,
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quality advertising aid in the period 1 January 2007 to 31 December 2008,
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aid for/by way of promotion measures in a broader sense and technical support measures in the period 1 January 1995 to 31 December 1999,
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aid in the form of technical assistance, advisory services and control measures relating to quality products in the period 1 January 1995 to 31 December 1999,
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aid for quality products in the period 1 January 2000 to 31 December 2006,
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aid in the form of technical support in the period 1 January 2000 to 31 December 2006,
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aid in the form of technical support for generic products in the period 1 January 2000 to 31 December 2004,
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aid in the form of technical support in the period 1 January 2007 to 31 December 2008 for primary producers.
The following State aid schemes, unlawfully put into effect by Austria in breach of Article 108(3) of the Treaty on the Functioning of the European Union are incompatible with the internal market, for the respective periods indicated:
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aid for generic advertising in the period 1 January 1995 to 31 December 1999,
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aid for the quality label in the period 1 January 1995 to 31 December 1999,
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aid for quality products in the period 1 January 2007 to 31 December 2008,
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technical support for undertakings active in processing and marketing in the period 1 January 2007 to 31 December 2008.
Individual aid granted under the scheme referred to in Article 2 does not constitute aid if, at the time it was granted, it fulfilled the conditions laid down by a regulation adopted pursuant to Article 2 of Council Regulation (EC) No 994/98 ( 116 ) which was applicable at the time the aid was granted.
Individual aid granted under the scheme referred to in Article 2 which, at the time it was granted, fulfilled the conditions laid down by a regulation adopted pursuant to Article 1 of Regulation (EC) No 994/98 or by any other approved aid scheme is compatible with the internal market, up to the maximum aid intensities applicable to that type of aid.
Austria shall recover the incompatible aid referred to in Article 2 from its beneficiaries.
The sums to be recovered shall bear interest from the date of their disbursement until their actual recovery.
The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 ( 117 ) .
Recovery of the aid referred to in Article 2 shall be immediate and effective.
Austria shall ensure that this Decision is implemented within 4 months following the date of notification of this Decision.
Within 2 months following notification of this Decision, Austria shall submit the following information to the Commission:
(a)
the list of beneficiaries that have received aid under the schemes referred to in Article 2 and the total amount of aid received by each of them under the scheme;
(b)
the total amount (principal and recovery interests) to be recovered from the beneficiaries;
(c)
a detailed description of the measures already taken and planned to comply with this Decision;
(d)
documents demonstrating that the beneficiary has been ordered to repay the aid.
Austria 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 2 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 beneficiaries.
This Decision is addressed to the Republic of Austria.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
