Commission Decision (EU) 2017/2337 of 29 May 2017 on the amounts allocated to the provision of technical support in the agricultural sector as well as to the production and marketing of quality agricultural products pursuant to the Milk and Fat Law under State aid SA.35484 (2013/C) (ex SA.35484 (2012/NN)) (notified under document C(2017) 3487)

• CELEX: Decision (EU) 2017/2337
• Articles: 8

Article 1

State aid granted unlawfully by Germany between 28 November 2001 and 31 December 2006 (measures BY 3, BY 10, BW 4, BB 1, BB 3, HE 2, HE 3, HE 9, NI 5, NI 6, NI 7, NW 4, NW 5, NW 6, RP 1, RP 5, SL 2, SL 5, TH 3, TH 4, TH 9, TH 10, BW 10, BW 11, NI 1 and TH 5) or between 1 January 2007 and 17 July 2013 (measure RP 2) in breach of Article 108(3) TFEU is compatible with the internal market, with the exception of that referred to in Article 2.

Article 2

State aid granted by Germany in 2002 and 2003 to Nordmilch eG as part of measure NI 6, in breach of Article 108(3) TFEU, is incompatible with the internal market.

The aid granted by Germany between 1 January 2007 and 17 July 2013, in breach of Article 108(3) TFEU, under measure RP 2 to undertakings not falling under the definition of SMEs, in particular to MUH Arla eG and Hochwald Foods GmbH, is incompatible with the internal market.

State aid granted by Germany between 1 January 2007 and 17 July 2013, in breach of Article 108(3) TFEU, under measure RP 2 in respect of repeated participation in a particular fair or exhibition, is incompatible with the internal market.

Article 3

Individual aid granted under the scheme referred to in Article 2 does not constitute aid if, at the time it was granted, it met the conditions laid down in a regulation adopted pursuant to Article 2 of Council Regulation (EU) 2015/1588  ( 81 ) and that regulation was applicable at the time the aid was granted.

Article 4

Individual aid granted under the scheme referred to in Article 2 which, at the time the aid is granted, fulfils the conditions laid down in a regulation adopted pursuant to Article 1 of Regulation (EU) 2015/1588 or by any other approved aid scheme, is compatible with the internal market, up to the maximum aid intensities applicable to this type of aid.

Article 5

1.   The Federal Republic of Germany shall recover from the beneficiaries the aid that was granted in relation to the aid schemes referred to in Article 2 and that is incompatible with the internal market.

2.   The amount to be recovered shall bear interest from the date on which it was put at the disposal of the beneficiaries until its 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  ( 82 ) amending Regulation (EC) No 794/2004.

4.   Germany shall cancel all outstanding payments of aid under the schemes referred to in Article 2 with effect from the date of adoption of this Decision.

Article 6

1.   Recovery of the aid granted under the schemes referred to in Article 2 shall be immediate and effective.

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

Article 7

1.   Within two months following notification of this Decision, Germany 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 schemes;

(b)

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

(c)

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

(d)

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

2.   Germany shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted in accordance with the schemes referred to in Article 2 has been completed. Upon request by the Commission, Germany shall immediately submit information on the measures already taken or 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.

Article 8

This Decision is addressed to the Federal Republic of Germany.

Germany is requested to forward a copy of this Decision to the beneficiaries of the aid without delay.