委员会决定84/496/EEC,比利时政府对位于图尔奈的食品业制造设备企业给予援助(仅法文和荷兰文文本有效)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:31984D0496

OJ编号:OJ L 276, 19.10.1984, p. 34-36

中文标题:委员会决定84/496/EEC,比利时政府对位于图尔奈的食品业制造设备企业给予援助(仅法文和荷兰文文本有效)

原文标题:84/496/EEC: Commission Decision of 17 April 1984 on aid which the Belgian Government has granted to an undertaking at Tournai manufacturing equipment for the food industry (Only the French and Dutch texts are authentic)

分类:08.60_国家援助与补贴

文件类型:二级立法 Decision|决定

生效日期:1984-07-13

废止日期:2058-12-31

法规全文:查看欧盟官方文件

EUR-Lex - 31984D0496 - EN
| EUROPA > EUR-Lex > ID celex

31984D0496


Title and reference

84/496/EEC: Commission Decision of 17 April 1984 on aid which the Belgian Government has granted to an undertaking at Tournai manufacturing equipment for the food industry (Only the French and Dutch texts are authentic)

OJ L 276, 19.10.1984, p. 34‘�6 (DA, DE, EL, EN, FR, IT, NL)

DA DE EL EN FR IT NL

Text

BG ES CS DA DE ET EL EN FR GA IT LV LT HU MT NL PL PT RO SK SL FI SV
html html html html html html html html html
tiff tiff tiff tiff tiff tiff tiff

Authentic language

  • French, Dutch

Dates

    of document: 17/04/1984
    of notification: 13/07/1984
    of effect: 13/07/1984; Entry into force Date notif.
    end of validity: 99/99/9999

Classifications

Miscellaneous information

  • Author:
    European Commission
  • Form:
    Decision
  • Addressee:
    Belgium

Relationship between documents

Text

Bilingual display: DA DE EL EN ES FR IT NL PT

*****

COMMISSION DECISION

of 17 April 1984

on aid which the Belgian Government has granted to an undertaking at Tournai manufacturing equipment for the food industry

(Only the Dutch and French texts are authentic)

(84/496/EEC)

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,

Having given notice to the parties concerned to submit their comments as required by the said provision, and having regard to those comments,

Whereas:

The Belgian Government decided to grant assistance through a regional body to an undertaking at Tournai manufacturing inter alia equipment for the food industry. The assistance took the form of a participating interest of Bfrs 145 million in the capital of the undertaking by a regional public holding company and the granting of a 5 % interest-rate subsidy on a loan of Bfrs 19 600 000.

After hearing of the decision to grant the aid, the Commission took the matter up with the Belgian Government in telexes sent on 22 July and 17 September 1982, in which it reminded the Government of its obligations under Article 93 (3) of the EEC Treaty to notify aid proposals in advance. The Government replied to the Commission's request for information on 25 November 1982.

The Commission decided to open the procedure provided for in Article 93 (2) of the EEC Treaty and by letter dated 7 January 1983 gave the Belgian Government notice to submit its comments. The Commission noted in the letter that the aid had already been implemented in disregard of the Article 93 (3) procedure.

In its reply by letter dated 23 March 1983 the Belgian Government confirmed that the subscription of new capital had been decided on 23 June 1982. It argued, however, that the aid in the form of a 5 % interest-rate subsidy on the Bfrs 19 600 000 which had been decided on 6 May 1980, was too small to have an effect on competition and trade between Member States, and that in proposing to disallow the support of the company's restructuring plans by the Société Régionale d'Investissement de Wallonie (SRIW) because it was a public financing corporation, the Commission was discriminating against the SRIW by comparison with private financial groups.

Two Member State Governments and two trade associations in the industry sent submissions stating that they shared the Commission's concern about aid to the company.

The two aid measures by the Belgian Government are liable to affect trade between Member States and to distort or threaten to distort competition within the meaning of Article 92 (1) of the EEC Treaty by favouring the firm in question and production of equipment for the food industry. The 5 % interest-rate subsidy granted in May 1980 on a Bfrs 19 600 000 loan, although aid of only relatively low intensity, was liable to affect trade and distort competition notably because the decision to grant it was not taken in isolation but formed part of a package which included a Government guarantee on a loan of Bfrs 75 million.

Subscriptions of capital whether by central government or by public agencies under the Government's authority may constitute aid falling within Article 92 (1) of the EEC Treaty.

In the present case, the company's financial situation was a handicap which makes it very unlikely that it could have raised the finance it needed to survive on the private capital market.

Considering its history of repeated serious financial difficulties, the injection of Bfrs 145 million in the company by SRIW constituted aid within the meaning of Article 92 (1) and not a subscription of risk capital according to normal practice in the market sector.

Since 1977 the firm's operating profit has not been sufficient to cover the depreciation of its assets and its net losses have averaged about 5 % of turnover over the period, with 1978 the only year in which it made a net profit. Since 1979 the cash flow has also been negative, which means that in all probability the firm would be unable to finance the planned Bfrs 100 million investment programme without State aid. The Belgian Government came to the firm's rescue in April 1979 with a subscription of Bfrs 40 million of new capital and in May 1979 gave a Government guarantee on a bank loan of Bfrs 45 million and a 7 % interest-rate subsidy on a further loan of Bfrs 34 million. In May 1980 the Government intervened again to guarantee a Bfrs 75 million loan for working capital and in August of the same year subscribed a further Bfrs 150 million of new capital as part of a financial reconstruction of the firm to reduce its indebtedness.

Whenever financial aid granted by a Member State strengthens the position of an undertaking relative to other firms which compete with it in intra-Community trade, the latter must be considered to be affected by the aid.

The undertaking concerned exports about 40 % of its output to other Member States. The aid by the Belgian Government has, by reducing the firm's financial costs, given it an advantage over its competitors which have to bear those costs themselves.

Article 92 (1) of the EEC Treaty lays down the principle that aid having the features there described is incompatible with the common market. The exceptions from this principle defined in Article 92 (3) - the only ones potentially applicable to this case - specify objectives in the Community interest transcending the interests of the aid recipient. These exceptions must be construed narrowly when any regional or industry aid scheme or any individual award under a general aid scheme is scrutinized. In particular, they may be applied only when the Commission is satisfied that the free play of market forces alone, without the aid, would not induce the prospective aid recipient to adopt a course of action contributing to attainment of one of the said objectives.

To apply the exceptions to cases not contributing to such an objective would be to give unfair advantages to certain Member States and allow trading conditions between Member States to be affected and competition to be distorted without any justification on grounds of Community interest.

In applying these principles in its scrutiny of individual aid awards, the Commission must satisfy itself that the aid is justified by the contribution the recipient is making to attainment of one of the objectives set out in Article 92 (3), and is necessary to that end. Where this cannot be demonstrated it is clear that the aid does not contribute to attainment of the objectives specified in the exceptions but merely serves to bolster the financial position of the recipient firm.

The recipient in the present case cannot be said to be making such a contribution in return for the aid.

The Belgian Government has been unable to give, or the Commission to discover, any justification for a finding that the aid in question falls within one of the categories of exceptions in Article 92 (3).

With regard to the exceptions provided for by points (a) and (c) of Article 92 (3) for aids that promote or facilitate the development of certain areas, the Tournai area is not one where the standard of living is abnormally low or where there is serious underemployment within the meaning of point (a) and the award does not appear likely to facilitate the development of certain economic areas within the meaning of point (c).

As far as the exceptions in point (b) of Article 92 (3) are concerned, the investment project does not have the features of a project of common European interest or of a project likely to remedy a serious disturbance in the economy of a Member State whose promotion justifies application of this exception clause to the prohibition of aids contained in Article 92 (1). First, Belgium belongs to the 'central regions' of the Community, that is to say, those which by Community standards do not have the most serious social and economic problems, but in which there is the greatest danger of a competitive bidding up of aid between Member States and where any aid is most likely to affect trade between Member States. Secondly, there is no evidence from the information available on the economic and social situation in Belgium that its economy is suffering from a serious disturbance of the kind referred to in the Treaty, and the aid awards are not meant to deal with such a situation in any case. Finally, as for the exception in point (c) of Article 92 (3) for aid to facilitate the development of certain economic activities, the industry supplying equipment to the food industry is unquestionably suffering at present from overcapacity and the outlook of the industry suggests that the common interest is not served by preserving production capacity by means of State aid. This conclusion remains valid even if the aid is linked to a financial or commercial reorganization of the company or a restructuring of its production facilities,

HAS ADOPTED THIS DECISION:

Article 1

The aid which the Belgian Government granted in May 1980 and June 1982 to an undertaking manufacturing equipment for the food industry as incompatible with the common market within the meaning of Article 92 of the EEC Treaty and must consequently be abolished.

Article 2

The Belgian Government shall inform the Commission, within three months of the notification of this Decision, of the measures which it has taken to comply therewith.

Article 3

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 17 April 1984.

For the Commission

Frans ANDRIESSEN

Member of the Commission

Top

托管标准,您可以接收以下服务:

1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;

2 随时在标准托管页面中查看到该条标准的最新状态;

3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;

4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;

5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;

6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;

进入企业标准托管

您可以通过编辑查新模板,批量查询指定标准集的最新情况。我们会通过查询,向您展示您所查询标准的:

1. 准确的标准号及标准名称(我们通过人工智能技术对您提交的标准号进行自动纠正)

2. 标准的最新状态(现行、废止或未发布)

3. 若标准已废止并被新标准替代,会反馈被替代的标准

4. 若您已托管此标准,便可以实时跟踪这个标准的最新状态

标准查新 模板下载

您可以在这里检索全球超过140万条标准,支持上百个国内国际标准组织的标准查询。您也可以在这里检索国内各类国家、部委和地方的法律法规。

更多标准子库在持续建设中。

标准检索

标准资讯点击排行榜 全部

资讯标题点击

[[ n.title ]] [[ n.read ]]

大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准