2007/253/EC: Commission Decision of 19 January 2005 on the Rivesaltes plan and CIVDN parafiscal charges operated by France (notified under document number C(2005) 50)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having given interested parties notice to submit their comments pursuant to that Article⁽¹⁾, and having regard to those comments,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

1.

The State aid operated by France in the form of ‘set-aside premiums’ granted to French wine producers undertaking not to claim the registered designations of origin (AOC) ‘Rivesaltes’ or ‘Grand Roussillon’ from the 1996 harvest to the 2000 harvest inclusive is incompatible with the single market.

2.

The State aid operated by France in the form of the conversion plan for the AOC Rivesaltes vineyards from the 1996 harvest to the 2000 harvest inclusive, that was granted in individual cases to exceed 30 % of the actual costs and/or the EUR 5 030,82/ha (FRF 33 000/ha) ceiling is incompatible with the single market.

3.

The State aid operated by France between 1 January 1998 and 31 December 2000 in the form of advertising and operating aid to the ‘Rivesaltes’, ‘Grand Roussillon’, ‘Muscat de Rivesaltes’ and ‘Banyuls’ AOCs is compatible with the single market under Article 87(3)(c) of the Treaty.

Article 2

1.

France shall take all necessary measures to recover the incompatible aid referred to in Article 1(1) and (2) from the beneficiaries.

Recovery shall be effected without delay and in accordance with the procedures of national law provided that they allow the immediate and effective execution of the decision. The aid to be recovered shall include interest from the date on which it was at the disposal of the beneficiaries until the date of its recovery. It is to be calculated at the Commission's reference rate, laid down by the method for setting the reference and discount rates.

2.

For the purpose of the recovery of incompatible aid referred to in Article 1(1), France shall inform the Commission of the overall amount of aid granted under this measure and its financing, including the overall amount of receipts from the inter-branch contribution introduced for this purpose, and the number of hectares for which the ‘set-aside premium’ was received.

Article 3

France shall inform the Commission, within two months of notification of this Decision, of the measures that it has taken to comply therewith.

Article 4

This Decision is addressed to the French Republic.