Publication of a Request Pursuant to Article 9 of Regulation

C 110/20EN Official Journal of the European Union 8.5.2003

Publication of a request pursuant to Article 9 of Regulation (EEC) No 2081/92 to amend one or more parts of the specification of a name registered pursuant to Article 17 or Article 6 of that Regulation

(2003/C 110/07)

Publication confers the right to object within the meaning of Article 7 of the Regulation. Any objections to this request must be forwarded via the competent authority of a Member State within six months of the publication date.

The amendment is not a minor one and it must therefore be published pursuant to Article 6(2) of the Regulation.

COUNCIL REGULATION (EEC) No 2081/92

APPLICATION TO AMEND A SPECIFICATION PURSUANT TO ARTICLE 9

1. Registered name: I.G.P Espárrago de Navarra

2. Responsible department in the Member State

Subdirección General de Denominaciones de Calidad y Relaciones Interprofesionales y Contractuales. Dirección General de Alimentación, Ministerio de Agricultura, Pesca y Alimentación Paseo Infanta Isabel, 1 E-28071 Madrid

3. Amendments requested

— Specification headings & Name

Description

Geographical area

& Proof of origin

& Link

& Labelling

& National requirements

— Amendments

Description Add the following approved varieties: Dariana, Grolim, Steline and Thielim

Delete the following approved varieties: Blanco del País, Cito and Darbonne 2, 3 and 4.

Fields may include up to 20 % non-approved varieties. 8.5.2003EN Official Journal of the European Union C 110/21

Geographical area Add the following localities in respect of the Autonomous Community of Aragon: Biota, Boquiñeni, Luceni, Remolinos, Sádaba, Sos del Rey Católico and Uncastillo. Add the following localities in respect of the Autonomous Community of Navarre: Améscoa Baja, Ansoáin, Aoiz-Agoitz, Aranguren, Belascoáin, Berrioplano, Burlada, Castillo-Nuevo, Ciriza, Cizur, Echarri, Echáuri-Etxauri, Egüés, Elorz, Ezcabarte, Ezprogui, Galar, Guesálaz, Huarte, Ibargoiti, Iza, Izagaondoa, Juslapeña, Lana, Leache, Leoz, Lezáun, Lizoáin, Lónguida, Monreal, Noáin, Olóriz, Olza, Orisoain, Pamplona-Iruña, Romanzado, Salinas de Oro, Tiebas-Muruarte de Reta, Unciti, Unzué, Urraúl Bajo, Urroz, Vidaurreta, Zabalza and Zizur.

EC No: ES/00098/94.01.24. Date of receipt of the full application: 14 November 2002.

Commission communication on the interest rates to be applied when aid granted unlawfully is being recovered

(2003/C 110/08)

Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) provides that when negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary. The aid to be recovered shall include interest at an appropriate rate fixed by the Commission. Interest shall be payable from the date the unlawful aid was at the disposal of the beneficiary until the date of its recovery.

In a letter to Member States of 22 February 1995 the Commission took the view that for the purpose of restoring the status quo commercial rates provide a better measure of the advantage improperly conferred on the recipient of unlawful aid. Accordingly, the Commission informed the Member States that in any decisions it might adopt ordering the recovery of aid unlawfully granted, it would apply the reference rate used in the calculation of the net grant equivalent of regional aid measures as the basis for the commercial rate. Thus for several years it has been the standard practice of the Commission to include in its recovery decisions a clause requiring interest to be calculated on the basis of the reference rate used for calculating the net grant equivalent of regional aids.

As part of the process of loyal collaboration between the Commission and Member States during the execution of certain recovery decisions, the question has arisen whether this interest rate should be applied on a simple basis or on a compound basis (2). The Commission accordingly considers it necessary to clarify urgently its position on the matter, having regard to the objectives of the recovery of unlawful aid and its place in the system of State aid control laid down by the Treaty.

In accordance with a great number of decisions of the Community judiciary (3), recovery is the logical consequence of the illegality of aid. The objective of recovery is to re-establish the previously existing situation. By repaying the aid, the beneficiary forfeits the unfair advantage which it enjoyed over its competitors on the market and the conditions of competition which existed prior to the payment of the aid are restored.

(1) OJ L 83, 27.3.1999, p. 1. (2) The calculation of simple interest uses the formula Interest = (Capital × Interest rate × Number of years). The calculation of compound interest, compounding on a yearly basis uses the formula Interest = (Capital (1 + Interest rate) Number of years) – Capital. (3) See in particular Case C-24/95 Land Rheinland-Pfalz v. Alcan [1997] ECR I-1591 and Case T-459/93 Siemens v Commission [1995] ECR II-1675.