INHALT

2011/678/: Commission Decision of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04)) (notified under document C(2011) 5457)

COMMISSION DECISION
of 27 July 2011
concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04))
(notified under document C(2011) 5457)
(Only the French and Dutch texts are authentic)
(2011/678/EU)
1.
PROCEDURE
2.
DESCRIPTION
2.1.
Background
(4)
2.2.
Content of the complaints lodged against the draft royal decree on TSE
2.3.
Doubts raised by the Commission within the framework of initiating the formal investigation procedure
3.
COMMENTS BY BELGIUM
3.1.
Classification of the financing of ESB tests as State aid
3.2.
Classification of the fee
3.3.
Absence of overcompensation and test prices’ conformity with market prices
3.4.
Levy on imports and exports
3.5.
Absence of a mechanism through which the slaughterhouses pass on the fee to producers or other market actors
3.6.
Classification of the beneficiaries as small and medium-sized enterprises (SME)
3.7.
Comments on the compatibility of aid during the three periods identified in the decision to initiate the formal investigation procedure (2001-2003; 2003-2007; after 2007)
3.8.
Replies to additional questions asked by the Commission
4.
THIRD-PARTY COMMENTS
5.
ASSESSMENT
5.1.
Evaluation of whether there is aid
5.1.1.
Presence of State resources
5.1.1.1.
From 1 January 2001 to 31 December 2001
5.1.1.2.
From 1 January 2002 to 30 June 2004
5.1.1.3.
From 1 July 2004 to 30 November 2004
5.1.1.4.
From 1 December 2004 to 31 December 2005
5.1.1.5.
From 1 January 2006 on
5.1.2.
Selective advantage for an enterprise
5.1.3.
Distortion of competition and effect on trade within the EU
5.1.4.
Conclusions on the nature of aid within the meaning of Article 107(1) of the TFEU
5.2.
Unlawfulness of the aid
5.3.
Financing the aid
5.3.1.
From 1 July 2004 to 31 December 2005
5.3.2.
From 1 January 2006 on
5.4.
Appraisal of the compatibility of the aid measures
5.4.1.
Period from 1 January 2001 to 31 December 2002: application of point 11.4 of the 2000-06 agricultural guidelines as referred to in point 45 of the TSE guidelines
5.4.2.
Period from 1 January 2003 to 31 December 2005: application of point 21 et seq. of the TSE guidelines
5.4.3.
From 1 January 2006
5.4.4.
Conclusion
5.5.
Repayment of prefinanced budget
6.
CONCLUSIONS
Article 1
Article 2
Article 3
Article 4
Article 5