Commission Decision (EU) 2021/2034 of 10 June 2021 on the State aid SA.28599 (C 23/2010) (ex NN 36/2010, ex CP 163/2009)) implemented by Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha) (notified under document C(2021) 4048) (Only the Spanish version is authentic) (Text with EEA relevance)

Decision (EU) 2021/2034 · Decision · 7 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

The State aid granted to the operators of the terrestrial television platform for the deployment, maintenance and operation of the digital terrestrial television network in Area II, unlawfully put into effect by Spain in breach of Article 108(3) of the Treaty on the Functioning of the European Union is incompatible with the internal market, except for the aid which was granted in compliance with the criterion of technological neutrality.

Article 2

Individual aid granted under the scheme referred to in Article 1 does not constitute aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Council Regulation (EU) No 994/98 ( 210 ) which is applicable at the time the aid is granted.

Article 3

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

Article 4

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 4 months following the date of notification of this Decision.

Article 5

1. Within 2 months following notification of this Decision, Spain shall submit the following information: (a) the list of beneficiaries 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, broken down into the following categories: (i) winners of the technologically non-neutral tenders for extension of coverage organised by the autonomous communities and town councils, (ii) town councils acting as network operators; (iii) public undertakings acting as network operators; (iv) winners of the technologically non-neutral tenders for extension of coverage organised by the public undertaking; (b) the total amount (principal and recovery interests) 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 beneficiaries 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 beneficiaries.

Article 6

This Decision is addressed to the Kingdom of Spain.

Supplementary provisions

ANNEXSupplementary provisions

ANNEX Public spending in Area II on DTT deployment, by Spanish regions (Autonomous Communities, except Castile-La Mancha) BUDGET (in EUR) Region (Autonomous Community) Ministry of Industry, Trade and Tourism Direct subsidies ( 1 ) Ministry of Industry, Tourism and Trade Preferential loans ( 1 ) Regional funds ( 1 ) Local funds ( 1 ) Recurring cost (2009-2011) ( 1 ) Total funds Total amount of tenders organised ( 2 ) Total public expenditure ( 3 ) ANDALUSIA 4 668 500,00 1 220 690,00 8 712 873,00 491 203,00 2 250 479,00 15 093 266,00 3 678 242,17 15 093 266,00 ARAGON 5 900 000,00 8 700 000,00 5 400 000,00 - 5 000 000,00 20 000 000,00 16 281 754,30 20 000 000,00 ASTURIAS - 13 430 787,00 353 535,00 - 2 129 698,00 13 784 322,00 13 784 322,00 13 784 322,00 BALEARICS - - 913 034,00 - 763 034,00 913 034,00 3 294 429,02 3 294 429,02 CANARY ISLANDS 2 905 766,26 1 130 595,85 1 792 402,57 - - 5 828 764,68 5 284 331,67 5 828 764,68 CANTABRIA 3 229 500,00 3 851 949,80 622 449,00 - 860 850,00 7 703 898,80 6 355 613,68 7 703 898,80 CASTILE AND LEON 13 830 850,00 20 316 585,73 10 324 906,71 - 6 716 000,00 37 756 342,44 37 756 342,44 37 756 342,44 CATALONIA 13 838 368,00 26 024 223,00 NO DATA NO DATA - 39 862 591,00 52 316 794,34 52 316 794,34 CEUTA 54 000,00 91 786,17 10 000,00 - NO DATA 155 786,17 50 000,00 155 786,17 EXTREMADURA 2 238 250,00 7 800 000,00 18 718,00 - - 10 056 968,00 9 549 379,74 10 056 968,00 GALICIA 6 083 300,00 5 000 000,00 6 003 336,00 - 873 000,00 17 086 636,00 12 644 112,98 17 086 636,00 MADRID 554 200,00 - 3 068 444,00 - - 3 622 644,00 3 622 744,00 3 622 644,00 MELILLA 254 000,00 NO DATA 2 000,00 NO DATA NO DATA 256 000,00 - 256 000,00 MURCIA 135 750,00 - 2 478 700,00 40 188,00 212 371,00 2 654 638,00 2 788 407,32 2 788 407,32 NAVARRE 316 850,00 - 6 675 028,00 - 4 256 508,39 6 991 878,00 6 991 878,00 6 991 878,00 RIOJA 1 229 350,00 3 000 000,00 3 737 425,00 - 944 000,00 7 966 775,00 5 766 775,00 7 966 775,00 BASQUE COUNTRY 2 487 800,00 - 9 802 703,00 2 425 000,00 1 508 308,00 14 715 503,00 179 000,00 14 715 503,00 COMMUNITY OF VALENCIA 1 822 250,00 13 384 248,94 818 280,30 586 234,17 679 500,00 16 611 013,41 15 412 499,00 16 611 013,41 ( 1 ) Amounts reported by the Spanish central and regional authorities during the investigation. For the period 2012-2018, only a few regional authorities reported information on recurring costs: Galicia reported that no costs were incurred; Andalusia reported EUR 6 422 670,89; Asturias EUR 3 943 818,48; Catalonia EUR 22 879 421,63; Murcia EUR 521 968,10 and La Rioja EUR 5 223 287,03 respectively. ( 2 ) Amount of funds transferred to the winners of the tenders notified to the Commission. ( 3 ) Only the data from four regions (in green) allow the amount of State aid to be defined precisely since (i) the declared amount of funds granted by the authorities and (ii) the total of the funds transferred following the tenders communicated to the Commission are the same. Given the difficulty of obtaining precise information from other regions, the amount of State aid granted in a particular region is assumed to be the higher of the two declared amounts: (i) the total of the funds granted by the authorities or (ii) the total of the funds transferred following the tenders communicated to the Commission.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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