1999/590/EC: Commission Decision of 4 May 1999 on the measures for the restructuring of road haulage and the development of intermodality (Law No 454 of 23 December 1997) which Italy intends to implement (notified under document number C(1999) 1267) (Only the Italian version is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

1. Contributions provided for in Article 3(1) to (5) of Italian Law No 454/97 of 23 December 1997, as amended, and in the Italian Decree of 10 June 1998 for the early retirement of single-vehicle road hauliers do not constitute State aids within the meaning of Article 87(1) of the EC Treaty or Article 61(1) of the EEA Agreement.

2. Subsidies for the construction of road terminals according to Article 2(1)(b) of the Italian Law No 454 of 23 December 1997, as amended, and Article 2(1)(c) and (d), 2(2), 2(3) and 4(1)(a) of the Italian Decree of 14 October 1998 on incentives for investments in innovation and training, as amended, do not constitute State aids within the meaning of Article 87(1) of the Treaty or Article 61(1) of the EEA Agreement.

Article 2

1. Subsidies to road haulage firms for the purchase of combined transport units, the purchase of combined transport equipment and the purchase of electronic equipment dedicated to monitoring, control, use and sales in the combined transport chain according to Article 2(1)(b) and 5 of Italian Law No 454/97 of 23 December 1997, as amended, and according to Article 2(1)(a), (b) and (d) of the Italian Decree of 14 October 1998 are compatible with the common market according to Article 87(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement.

2. Contributions for the construction of combined transport terminals under Article 5 of Italian Law No 454/97 of 23 December 1997, as amended, and under Article 2(1)(c) of the Italian Decree of 14 October 1998 on incentives for combined transport do not constitute State aid within the meaning of Article 87(1) of the EC Treaty or Article 61(1) of the EAA Agreement.

Article 3

1. Subsidies for the purchase and adaptation of vehicles under Article 2(1)(c) of Italian Law No 454 of 23 December 1997, as amended, and Articles 3 and 4(1)(b) of the Italian Decree of 14 October 1998 on incentives for investments in innovation and training, as amended, are compatible with the common market within the meaning of Article 87(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement.

2. Aid to training activities under Article 2(1)(e) of Italian Law No 454 of 23 December 1997, as amended, and Article 5 of the Italian Decree of 14 October 1998 on incentives for investments in innovation and training, as amended, is compatible with the common market under Article 87(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement.

3. Subsidies for the purchase of computer systems and equipment under Article 2(1)(a) of Italian Law No 454 of 23 December 1997, as amended, and Articles 2(1)(a) and 4(1)(a) of the Italian Decree of 14 October 1998 on incentives for investments in innovation and training, as amended, are compatible with the common market within the meaning of Article 87(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement.

Article 4

1. Italy informs the Commission that is has approved the amendments to Law No 454 of 23 December 1997 set out in draft Law No 5527 of 17 December 1998, further amended according to the letter from the Italian authorities of 15 February 1999, and the amendments to the Decree of 14 October 1998 on incentives for investments in innovation and training set out in the draft Ministerial Decree forwarded on 18 February 1999.

2. Italy shall provide the Commission with annual reports on the implementation of the measures established by Law No 454 of 23 December 1997, as amended, and the related Ministerial Decrees, as amended. The first report shall be updated to 31 December 1999 and be furnished by 31 January 2000.

Article 5

This Decision is addressed to the Italian Republic.

Done at Brussels, 4 May 1999.

For the Commission

Neil KINNOCK

Member of the Commission

(1) OJ C 211, 7.7.1998, p. 5.

(2) Official Gazette of the Italian Republic, General series, No 303, 31.12.1997, p. 4.

(3) See note 1.

(4) Published in Acts of Parliament, XIIIth legislature, as draft Law No 5527, Acts of the Chamber of Deputies.

(5) Official Gazette of the Italian Republic, General series, No 137, 15.6.1998, p. 47.

(6) Official Gazette of the Italian Republic, General series, No 263, 10.11.1998, p. 25.

(7) Official Gazette of the Italian Republic, General series, No 263, 10.11.1998, p. 29.

(8) Official Gazette of the Italian Republic, General series, No 304, 30.12.1994, p. 29.

(9) The reference rate referred to in the Ministerial Decree of 1994 is currently 5 % per annum in the industrial sector and 5,3 % per annum in the craft trades sector. Smaller firms are covered by the craft trades sector.

(10) OJ L 368, 7.12.1992, p. 32.

(11) OJ L 95, 9.4.1992, p. 1.

(12) Official Gazette of the Italian Republic, General series, No 83, 9.4.1998, p. 42.

(13) Official Gazette of the Italian Republic, General series, No 156, 7.7.1998, p. 11.

(14) Commission Decision of 18 October 1995 in case N 773/A/94 - France (OJ C 335, 13.12.1995, p. 10).

(15) OJ L 130, 15.6.1970, p. 1.

(16) OJ L 84, 26.3.1997, p. 6.

(17) In this connection, see Commission Decisions of 27.3.1996, case NN 97/95 (OJ C 123, 26.4.1996, p. 9), and of 22.10.1997, case N 79/97, (OJ C 377, 12.12.1997, p. 3).

(18) OJ L 390, 30.12.1989, p. 3. This Regulation was repealed by the Court of Justice of the European Communities for reasons of form, but remained in force until the entry into force of Regulation (EEC) No 3118/93 (OJ L 279, 12.11.1993, p. 1).

(19) OJ L 277, 14.10.1998, p. 1.

(20) COM(95) 691, 20.12.1995; COM(98) 466, 22.7.1998.

(21) In this connection, see Commission Decisions of 25.3.1998 (OJ C 211, 7.7.1998 - see Note 1 above), and of 21.1.1997, case C 2/97 - Netherlands (OJ C 93, 22.3.1997, p. 11).

(22) Commission Decision of 22.10.1997, case N 79/97 - Netherlands (OJ C 377, 12.12.1997, p. 3).

(23) See also Commission Decision of 22 December 1998, case N 598/98 - Netherlands (OJ C 29, 4.2.1999, p. 13).

(24) OJ C 72, 10.3.1994, p. 3.

(25) Article 3(1) of the Italian Decree refers to higher standards regarding environmental protection than national or European standards in force "on the date of the Decree". Reference should therefore be made to the limit values for emissions laid down by Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (OJ L 76, 6.4.1970, p. 1), as amended by Directive 96/69/EC (OJ L 282, 1.11.1996, p. 64), and Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (OJ L 36, 9.2.1988, p. 33), as amended by Directive 91/542/EEC (OJ L 295, 25.10.1991, p. 1). In this connection it should be noted that the more stringent emissions limits introduced by Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (OJ L 350, 28.12.1998, p. 1) are to be applied gradually upon the registration, sale or entry into service of new vehicles from 1 January 2001.

(26) Depending on the reference rate applied. In the industrial sector, where the reference rate is currently 5 %, the low-interest rate will be around 1,66 %. In the craft-trades sector, where the reference rate is currently 5,3 %, the low-interest rate will be around 1,76 %. See also point 14 and note 9 above.

(27) See Commission notice on the method for setting the reference rates (OJ C 273, 9.9.1997, p. 3).

(28) The reference rate as defined in the 1997 notice is periodically revised in accordance with the methods set out therein. The five-year reference rate (relevant to the present case) currently applicable in Italy is 6,18 % from 1 January 1999, in accordance with the latest update of 3 March 1999.

(29) The Guidelines define such costs as "additional investment costs for attaining the objectives of environmental protection" and further specify that costs eligible for environmental protection aid "exclude costs of general investments not attributable to environmental protection" (see point 3.2.1 of the Guidelines).

(30) The European Conference of Ministers of Transport (ECMT) is an intergovernmental body set up by an agreement signed in Brussels on 17 October 1953. The current members of the ECMT comprise all 15 EU countries and many other central and east European countries.

(31) OJ C 343, 11.11.1998, p. 10.

(32) According to the Italian authorities some 60 % of Italian hauliers have no more than two vehicles and some 20 % have three to five vehicles.

(33) See point 85 and footnote 31.

(34) See footnote 26.

(35) See point 76 and footnote 27.