The State aid scheme applied or intended to be applied by Germany to agricultural and forestry undertakings for heating greenhouses or covered areas for crop production under the Law amending the Mineral Oil Tax Law, the Law on the further development of the ecological tax reform and the Guidelines Implementation Law is incompatible with the common market with respect to the part of the reduction of the tax, which goes beyond the original rate of EUR 40,90/1 000 l for heating fuel, of EUR 1,87/MWh for natural gas, and of EUR 25,56/1 000 kg for liquid fuel.
2008/715/EC: Commission Decision of 11 March 2008 on State aid (Germany) exemption from mineral oil tax for greenhouse undertakings (notified under document number C(2008) 860)
2008/715/EC: Commission Decision of 11 March 2008 on State aid (Germany) exemption from mineral oil tax for greenhouse undertakings (notified under document number C(2008) 860)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 88(2) thereof,
Having called on interested parties to submit their comments pursuant to the provision cited above and having regard to their comments(1),
Whereas:
HAS ADOPTED THIS DECISION:
Article 1
Article 2
The State aid scheme applied or intended to be applied by Germany to agricultural and forestry undertakings for heating greenhouses or covered areas for crop production under the Law amending the Mineral Oil Tax Law, the Law on the further development of the ecological tax reform and the Guidelines Implementation Law is compatible with the common market in all other respects.
Article 3
Germany shall withdraw the part of the scheme referred to in Article 1.
Article 4
1.
Germany shall take all necessary measures to recover from the beneficiaries the aid referred to in Article 1.
2.
The aid to be recovered shall include interest from the date on which the aid became available to the beneficiaries until the date on which it is actually recovered.
Interest shall be calculated in accordance with Chapter V of Commission Regulation (EC) No 794/2004.
3.
Germany shall cancel all payment of outstanding aid referred to in Article 1 with effect from the date of the present decision.
4.
Recovery shall be effected without delay and in accordance with the procedures of national law, provided these allow the immediate and effective execution of this Decision.
5.
Germany shall ensure that this Decision is implemented within four months of the date of its notification.