Commission Decision of 19 June 2013 on State aid SA.28599 (C 23/10 (ex NN 36/10, ex CP 163/09)) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha) (notified under document C(2013) 3204) (Only the Spanish text is authentic) (Text with EEA relevance) (2014/489/EU)
Commission Decision of 19 June 2013 on State aid SA.28599 (C 23/10 (ex NN 36/10, ex CP 163/09)) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha) (notified under document C(2013) 3204) (Only the Spanish text is authentic) (Text with EEA relevance) (2014/489/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1), and having regard to their comments,
Whereas:
HAS ADOPTED THIS DECISION:
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 TFEU is incompatible with the internal market, except for the aid which was granted in compliance with the criterion of technological neutrality.
Article 2
The 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 (EC) No 994/98(110) applicable at the time the aid is granted.
Article 3
Spain shall recover the incompatible aid granted under the scheme referred to in Article 1 from the Digital Terrestrial Television operators, whether they received the aid directly or indirectly.
The sums to be recovered shall bear interest from the date on which they were made available to the beneficiaries until their recovery.
The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004(111).
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
Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.
Spain shall ensure that this Decision is implemented within four months following the date of notification thereof.
Within two months following notification of this Decision, Spain shall submit the following information to the Commission:
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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 that scheme, broken down by the categories indicated in section 6.2 above;
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the total amount (principal and recovery interests) to be recovered from each beneficiary;
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a detailed description of the measures already taken and planned in order to comply with this Decision;
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documents demonstrating that the beneficiaries have been ordered to repay the aid.
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, at the Commission's request, information on the measures already taken and planned in order to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries.