Commission Decision of 20 July 2010 on the parafiscal charge for the promotion of wine applied by Portugal C 43/04 (ex NN 38/03) (notified under document C(2010) 4891) (Only the Portuguese text is authentic) (2011/6/EU)

Article 3

1. State aid for the promotion and advertising of wine and wine products of Portuguese origin on the territory of other Member States and third countries illegally implemented by Portugal contrary to Article 108(3) of the TFEU by means of a parafiscal charge established by Decree-Law No 137/95 of 14 June 1995 is, without prejudice to the application of Article 2, State aid compatible with the common market under Article 107(3)(c) of the TFEU as regards the period between its entry into force and 31 December 2006, provided Portugal complies with the conditions in paragraph 2 of this Article.

2. Portugal must repay to the persons who paid the charge that part of the charge imposed on products from other Member States between the date the charge was first applied and 31 December 2006 in full compliance with the following conditions:

• if they can provide evidence that the promotion charge was imposed on imported products, the persons who paid the charge can claim repayment of a proportion of the revenue from the charge intended to fund promotion services exclusively benefiting domestic products within a time limit to be set in accordance with domestic law and in no case less than 6 months from the notification of this decision,

• Portugal will establish the extent of any discrimination affecting imported products. To this end, Portugal must check, during a reference period, the financial equivalence between the amounts levied overall on domestic products by way of the charge concerned and the advantages from which these products exclusively benefit,

• repayment must be made within a maximum time limit of 6 months from the submission of the request,

• the amounts repaid must include interest calculated as from the date on which they were levied up until the date of actual repayment. Such interest is to be calculated on the basis of the Commission’s reference rate laid down by the method for setting the reference and discount rates(1),

• the Portuguese authorities shall accept any reasonable evidence from the payers of the charge paid in respect of products from other Member States,

• the right to repayment cannot be subjected to other conditions, particularly that of the charge not having been passed on,

• where the charge has not yet been paid, the Portuguese authorities shall formally waive payment thereof, including any interest on late payment,

• where the Commission so requests, Portugal shall undertake to submit a full report proving the proper implementation of the repayment measure,

• if a charge has been imposed in another Member State on the same products which have been subjected to the wine promotion charge in Portugal, the Portuguese authorities shall undertake to reimburse those persons who have paid the charge for that part of it which affected products from that other Member State,

• Portugal undertakes to make this decision known to all potential payers of the charge.

(1)

See footnote 32.