1999/99/EC: Commission Decision of 3 June 1998 concerning Sicilian Regional Law No 25/93 on measures to promote employment (Articles 51, 114, 117 and 119) (notified under document number C(1998) 1713) (Only the Italian text is authentic) (Text with EEA relevance)

• Articles: 8

Article 1

The refinancing and modification of the aid scheme for cooperatives under Articles 51 and 144 of Sicilian Regional Law No 25/93 is illegal as regards the part not covered by the de minimis rule since it was put into effect before the Commission had given its opinion pursuant to Article 93(3) of the EC Treaty.

Article 2

The refinancing of the aid measures under Article 8(1) and (2) and Article 14(2) of Sicilian Regional Law No 36/91 provided for by Article 51 of Law No 25/93 is compatible with the common market by virtue of the derogation laid down in Article 92(3)(a) of the EC Treaty.

Article 3

The refinancing of the aid measures under Article 14(1) of Sicilian Regional Law No 36/91 provided for by Article 51 of Law No 25/93 and the modification pursuant to Article 114 of Law No 25/93 of the aid measure under Article 14(2) are incompatible with the common market for the part exceeding the ceiling of ECU 100 000 over a three-year period fixed by the de minimis rule, since the aid measures do not qualify for any of the derogations provided for by Article 92(2) and (3) of the EC Treaty or by Article 61(2) and (3) of the EEA Agreement.

Article 4

Italy shall take the appropriate measures to discontinue forthwith the aid measures referred to in Article 3 of this Decision if the total amount of aid exceeds the ceiling fixed by the de minimis rule referred to in that Article.

Italy shall also take measures to recover the aid paid illegally within the meaning of Article 3. The aid shall be paid back in accordance with the procedures and provisions of domestic law, together with interest at the reference rate used to calculate the net grant equivalent of regional aid in Italy, until such time as the aid is effectively recovered.

Article 5

The aid measures provided for under Article 117 of Sicilian Regional Law No 25/93 are illegal since they were put into effect before the Commission had given its opinion in accordance with Article 93(3) of the EC Treaty.

The aid measures referred to in the preceding paragraph are compatible with the common market by virtue of the derogation provided for in Article 92(3)(a) of the EC Treaty for a limited period of five years from the date on which the proceedings were initiated. That period shall end on 31 December 2002. The scheme shall not be extended or refinanced.

Article 6

Italy shall take the appropriate measures to terminate on 31 December 2002 the aid measures referred to in Article 5.

Article 7

The Italian Government is required to inform the Commission, within two months of notification of this Decision, of the measures it has taken to comply with it.

Article 8

This Decision is addressed to the Italian Republic.

Done at Brussels, 3 June 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ C 204, 4. 7. 1997, p. 10.

(2) That is to say, the maximum intensities set out in the Commission Decision of 1 March 1995 on regional aid in Italy (Aid No 40/95): OJ C 184, 18. 7. 1995, p. 4.

(3) Judgment in Case 102/87 [1988] ECR 4067 (SEB).

(4) Aid N 582/90, OJ C 192, 23. 7. 1991, p. 2.

(5) Commission Decision of I March 1995 (Aid N 40/95).

(6) OJ C 212, 12. 8. 1988, p. 2.

(7) OJ C 68, 6. 3. 1996, p. 9.