Commission Decision (EU) 2022/1414 of 4 December 2020 ON AID SCHEME SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) – Regime III (notified under document C(2020) 8550) (Only the Portuguese text is authentic) (Text with EEA relevance)

• CELEX: Decision (EU) 2022/1414
• Articles: 7

Article 1

The aid scheme ‘Zona Franca da Madeira (ZFM) – Regime III’, to the extent that it was implemented by Portugal in breach of Commission Decision C(2007)3037 final and of Commission Decision C(2013)4043 final, was unlawfully put into effect by Portugal in breach of Article 108(3) of the Treaty on the Functioning of the European Union and is incompatible with the internal market.

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 a regulation adopted pursuant to Article 2 of Regulation (EU) 2015/1588 which is applicable at the time the aid is granted.

Article 3

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

Article 4

1.   Portugal 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.   Portugal shall abolish the incompatible aid scheme to the extent referred to in Article 1 and cancel all outstanding payments of aid with effect from the date of notification 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.   Portugal shall ensure that this Decision is implemented within eight months following the date of notification of this Decision.

Article 6

1.   Within four months following notification of this Decision, Portugal shall submit the following information:

(a)

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

(b)

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

(c)

a detailed description of the measures planned in order to comply with this Decision.

2.   Portugal 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, upon request by the Commission, information on the measures already taken and planned to be taken in order to comply with this Decision.

Portugal shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

Article 7

This Decision is addressed to the Portuguese Republic.

The Commission may publish the identity of the beneficiaries of incompatible aid and the amounts of aid and recovery interest recovered in application of this Decision, without prejudice to Article 30 of Regulation (EU) 2015/1589.