2012/157/EU: Commission Decision of 7 December 2011 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 (notified under document C(2011) 7260) Text with EEA relevance

1 The compensation paid by the Greek Agricultural Insurance Organisation (‘ELGA’) to producers of agricultural products in 2008 and 2009 constitutes State aid.

2 The compensation aid granted in 2008 under the special compulsory insurance scheme is compatible with the internal market as regards the aid amounting to EUR 349493652,03 which ELGA granted to producers to make good their crop losses and as regards the aid relating to crop losses caused by bears amounting to EUR 91500 and the corrective action taken within the framework of the abovementioned aid. The compensation aid represented by the remaining amount paid in 2008 under the special insurance scheme is incompatible with the internal market.

3 The compensation aid of EUR 27614905 granted in 2009 under Common Ministerial Decree No 262037 of the Ministers of Economic Affairs and of Rural Development of 30 January 2009 is compatible with the internal market. The compensation aid of EUR 387404547 granted to producers on dates before 28 October 2009 is incompatible with the internal market. This conclusion shall be without prejudice to aid which, at the time it was granted, met all the conditions laid down in Regulation (EC) No 1535/2007.

1 Greece shall take all measures necessary to recover from its beneficiaries the incompatible aid referred to in Article 1, which was granted unlawfully.

2 The aid to be recovered shall include interest calculated from the date on which it was placed at the disposal of the beneficiaries until the date of its recovery.

3 The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 .

4 Recovery shall be effected without delay in accordance with the procedures provided for in national law, provided that they allow the immediate and effective execution of this Decision.

Recovery of the aid referred to in Article 1(2) and (3) shall be immediate and effective. Greece shall ensure that this Decision is implemented within 4 months of the date of its notification.

1 Within 2 months of notification of this Decision, Greece shall submit the following information to the Commission: (a) the total amount (principal and recovery interest) to be recovered from the beneficiaries; (b) a detailed description of the measures already taken or planned to comply with this Decision; (c) documents demonstrating that orders to return the aid have been sent to the beneficiaries.

2 Greece shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1(2) and (3) has been completed.

3 After the 2-month period referred to in paragraph 1, Greece shall submit, at the Commission’s request, a report on the measures already taken and those planned to comply with this Decision. That report shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

This Decision is addressed to the Hellenic Republic.