97/106/EC: Commission Decision of 17 July 1996 on aid measures provided for in Sicilian Regional Law No 25/93 (Only the Italian version is authentic)
1. The aid measures provided for in Articles 44, 85, 86, 90, 103 and 105 of Law No 25/93 are illegal since those provisions came into force before the Commission could state a position with regard to their compatibility with the common market. They are also incompatible with the common market having regard to Article 92 (1) of the Treaty and they do not qualify under any of the exceptions provided for in paragraphs 2 and 3 of that Article.
2. The aid provided for in Article 96 of Law No 25/93 may qualify under the exception provided for in Article 92 (2) (b) of the Treaty.
3. Italy shall repeal the aid measures referred to in paragraph 1 within two months of notification of this Decision.
4. Within six months of notification of this Decision, Italy shall take the measures necessary to recover the aid paid pursuant to the regional provisions referred to in paragraph 1. The obligation regarding recovery shall not apply to aid as provided for in Article 103 of Law No 25/93.
5. Recovery shall be undertaken in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. The interest shall be calculated on the basis of the commercial rate, by reference to the rate used to calculate the subsidy equivalent for the purposes of regional aid.
1. Refinancing of the aid provided for in Article 21 of Law No 32/91 is illegal since the provision providing therefor (Article 50 of Law No 25/93) came into force before the Commission could state a position with regard to its compatibility with the common market.
2. Without prejudice to paragraph 4, the measure referred to in paragraph 1 is incompatible with the common market in accordance with Article 92 (1) of the Treaty and it does not qualify under the derogations provided for in paragraphs 2 and 3 of that Article.
3. Italy shall repeal the aid measures referred to in paragraph 1 by 31 December 1996 at the latest.
4. Aid of up to Lit 6 500 million paid before 31 December 1996 to finance stabilization programmes regarded prior to 31 December 1993 by the regional administration as in conformity with the conditions set out in the Commission Decision of 14 December 1992 is compatible with the common market.
1. The aid measures provided for in Article 84 (4) and (5) of Law No 25/93 are illegal since they came into force before the Commission could state a position with regard to their compatibility with the common market.
2. Aid as referred to in paragraph 1 granted outside less-favoured areas within the meaning of Directive 75/268/EEC is incompatible with the common market where it exceeds 45 % pursuant to Article 92 (1) of the Treaty and it does not qualify under any of the derogations provided for in paragraphs 2 and 3 of that Article.
3. Within two months of notification of this Decision, Italy shall repeal the aid measures referred to in paragraph 2. Where such repeal entails adjusting the rates of aid laid down in the regional provisions providing therefor, the rates applicable shall be 45 % until the time-limit set out in the Commission Decision of 23 November 1994 and 35 % thereafter.
4. Within six months of notification of this Decision, Italy shall take the measures necessary to recover that part of the aid referred to in paragraph 2 exceeding the rates referred to in paragraph 3.
5. Recovery shall be undertaken in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. Such interest shall be calculated on the basis of the commercial rate, by reference to the rate used to calculate the subsidy equivalent for the purposes of regional aid.
1. Italy shall keep the Commission constantly informed of measures adopted to comply with this Decision. The first such report shall be made within two months of notification of this Decision.
2. Within two months of expiry of the time-limit laid down in Articles 1 (4) and 3 (4), Italy shall forward information to the Commission to enable it to ascertain, without further investigation, that the obligation regarding recovery has been discharged.
This Decision is addressed to the Italian Republic.
Done at Brussels, 17 July 1996.
For the Commission
Franz FISCHLER
Member of the Commission
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Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
