Commission Decision (EU) 2021/2034 of 10 June 2021 on the State aid SA.28599 (C 23/2010) (ex NN 36/2010, ex CP 163/2009)) implemented by Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha) (notified under document C(2021) 4048) (Only the Spanish version is authentic) (Text with EEA relevance)

The State aid granted to the operators of the terrestrial television platform for the deployment, maintenance and operation of the digital terrestrial television network in Area II, unlawfully put into effect by Spain in breach of Article 108(3) of the Treaty on the Functioning of the European Union is incompatible with the internal market, except for the aid which was granted in compliance with the criterion of technological neutrality.

Individual aid granted under the scheme referred to in Article 1 does not constitute aid if, at the time it is granted, it fulfils the conditions laid down by the regulation adopted pursuant to Article 2 of Council Regulation (EU) No 994/98 which is applicable at the time the aid is granted.

1 Spain shall recover the incompatible aid granted under the scheme referred to in Article 1 from the beneficiaries.

2 The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery.

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

4 Spain shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of notification of this decision.

1 Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective.

2 Spain shall ensure that this Decision is implemented within 4 months following the date of notification of this Decision.

1 Within 2 months following notification of this Decision, Spain shall submit the following information: (a) the list of beneficiaries that have received aid under the scheme referred to in Article 1 and the total amount of aid received by each of them under the scheme, broken down into the following categories: (i) winners of the technologically non-neutral tenders for extension of coverage organised by the autonomous communities and town councils, (ii) town councils acting as network operators; (iii) public undertakings acting as network operators; (iv) winners of the technologically non-neutral tenders for extension of coverage organised by the public undertaking; (b) the total amount (principal and recovery interests) to be recovered from each beneficiary; (c) a detailed description of the measures already taken and planned to comply with this Decision; (d) documents demonstrating that the beneficiaries have been ordered to repay the aid.

2 Spain shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid granted under the scheme referred to in Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

This Decision is addressed to the Kingdom of Spain.