INHALT

2005/474/ECEC: Commission Decision of 14 December 2004 concerning the levy on meat purchases (rendering levy) implemented in France (notified under document number C(2004) 4770)

COMMISSION DECISION
of 14 December 2004
concerning the levy on meat purchases (rendering levy) implemented in France
(notified under document number C(2004) 4770)
(Only the French text is authentic)
(2005/474/EC)
I. PROCEDURE
II. DESCRIPTION
1. THE RENDERING LEVY
2. THE ARGUMENTS PUT FORWARD BY THE COMMISSION WHEN OPENING THE INVESTIGATION PROCEDURE
2.1. REGARDING THE EXISTENCE OF AID
2.2. THE FINANCING OF THE AID
2.3. ARTICLE 86(2) OF THE TREATY
3. OTHER RELEVANT FACTS
III. COMMENTS SUBMITTED BY THIRD PARTIES
1. COMMENTS SUBMITTED BY INTERESTED UNDERTAKINGS
2. COMMENTS SUBMITTED BY THE L’ASSOCIATION DES ENTREPRISES DE PRODUITS ALIMENTAIRES ÉLABORÉS (ADEPALE) (ASSOCIATION OF FOOD PROCESSING INDUSTRIES)
3. COMMENTS SUBMITTED BY THE FÉDÉRATION DES ENTREPRISES DU COMMERCE ET DE LA DISTRIBUTION (FCD) (FEDERATION OF TRADERS AND DISTRIBUTORS)
4. COMMENTS SUBMITTED BY SPAIN
IV. COMMENTS SUBMITTED BY FRANCE
1. REGARDING THE EXISTENCE OF AID TO RENDERING UNDERTAKINGS
2. REGARDING THE EXISTENCE OF AID TO LIVESTOCK FARMERS AND SLAUGHTERHOUSES
3. REGARDING THE EXISTENCE OF AID TO UNDERTAKINGS EXEMPTED FROM PAYMENT OF THE LEVY
4. REGARDING THE FINANCING OF THE SCHEME
5. REMARKS ON THE COMMENTS SUBMITTED BY THIRD PARTIES
V. ASSESSMENT
1. ARTICLE 87(1) OF THE TREATY
1.1. EXISTENCE OF A SELECTIVE ADVANTAGE FINANCED BY STATE RESOURCES
1.1.1. Aid to rendering plants
1.1.2. Aid for livestock farmers and slaughterhouses
1.1.3. Holders of meat and bone meal
1.1.4. Aid to butcheries and cutting plants holding SRM
1.1.5. Aid for trade exempt from payment of the levy
1.2. EFFECT ON TRADE
1.3. DISTORTION OF COMPETITION
1.4. CONCLUSIONS ON THE MEASURE'S STATUS AS AID WITHIN THE MEANING OF ARTICLE 87(1) OF THE TREATY
2. COMPATIBILITY OF THE AID MEASURES
2.1. UNLAWFULNESS OF THE AID
2.2. GUIDELINES APPLICABLE TO MEASURES NOT NOTIFIED
2.3. ANALYSIS IN THE LIGHT OF THE APPLICABLE PROVISIONS
2.3.1. Aid
2.3.1.1. Aid to rendering undertakings
2.3.1.2. Aid to livestock farmers – Fallen stock
2.3.1.3. Aid to slaughterhouses – Meat and offal seized at slaughterhouses
2.3.1.4. Aid to butchers – SRM seized at butcheries
2.3.1.5. Enterprises exempted from the levy
2.3.2. Financing of the aid
2.3.2.1. Prior to 31 December 2000
2.3.2.2. After 31 December 2000
2.3.2.3. Conclusions on the two periods
VI. CONCLUSION
Article 1
Article 2
Article 3
Article 4
Article 5