Commissie start onderzoek tegen Luxemburg vanwege onvoldoende regelgeving slachthuizen (en)

dinsdag 16 maart 2004

The Commission has decided to initiate the formal investigation procedure into the failure by Luxembourg to inform it of appropriate measures adopted in accordance with the EU guidelines on state aid for TSE (transmissible spongiform encephalopathy) tests, fallen stock and slaughterhouse waste. Despite repeated invitations, the Luxembourg authorities have not notified the Commission of any such measures. The Commission also has reason to believe that aid schemes that conflict with the guidelines may still be in force in Luxembourg.

On 27 November 2002 the Commission adopted new guidelines for state aid relating to the cost of disposing of slaughterhouse waste and fallen stock, as well as for transmissible spongiform encephalopathy (TSE) tests (see IP/02/1749). These new rules harmonise the existing rules and apply to new state aid schemes, including those in the process of notification by the Member States, since 1 January 2003.

All the Member States were formally invited to confirm in writing that they had complied with these rules by 31 March 2003. They were also invited to amend their existing aid schemes to bring them into line with the guidelines by 31 December 2003.

Despite repeated invitations, the Luxembourg authorities have still not confirmed that they have adopted appropriate measures in accordance with the guidelines. Also, given the information available to it, the Commission must have doubts as to whether any aid applied contrary to the guidelines is compatible with the common market. It has therefore decided to open the investigation procedure provided for in Article 88(2) of the Treaty.

After receiving official notification of this decision the Luxembourg authorities will have one month in which to send in their observations and provide the necessary clarification. The decision will also be published in the Official Journal of the European Union and other interested parties will have one month from the date of publication to transmit their observations. These will be passed on to Luxembourg, which will be able to comment on them.

Once the Commission has received the information requested from the Luxembourg authorities and any contributions from interested parties and Luxembourg's comments on these, it will rule as soon as possible on the compatibility of the aid with the common market.