2000/235/EC: Commission Decision of 10 November 1999 on the aid scheme which Italy intends implementing to assist small and medium-sized enterprises in Objective 1 regions (notified under document number C(1999) 3867) (Only the Italian text is authentic)

• Articles: 3

Article 1

The State aid which Italy intends granting to undertakings operating in the agricultural and fisheries sectors for debt consolidation operations in accordance with Article 2 of Decree-Law 244 of 23 June 1995, ratified in Law 341 of 8 August 1995, is hereby deemed incompatible with the common market and the EEA Agreement. That aid shall accordingly not be implemented.

Article 2

Within two months of notification of this Decision, Italy shall inform the Commission of the steps it has taken to comply therewith.

Article 3

This Decision is addressed to the Italian Republic.

Done at Brussels, 10 November 1999.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ C 245, 5.8.1998, p. 3.

(2) See footnote 1.

(3) OJ C 368, 23.12.1994, p. 12 and OJ C 283, 19.9.1997, p. 2.

(4) Bull. 9-1984.

(5) OJ C 212, 12.8.1988, p. 9.

(6) OJ C 283, 19.9.1997, p. 2.

(7) Judgment of 5 October 1994 in Case C-47/91, Italian Republic v Commission [1994] ECR I-4635.

(8) The calculation was worked out as follows: the reference rate was 8,2 %; the interest paid by the State on loans of a similar duration (6 %) and the fee payable for the guarantee (2 % for debt consolidation loans) were deducted from that amount.

(9) Commission communication to the Member States - Application of Articles 92 and 93 of the Treaty and of Article 5 of Commission Directive 80/723/EEC to public undertakings in the manufacturing sector (OJ C 307, 13.11.1993, p. 3).

(10) Source: Ministry of Agricultural Policies.

(11) Guidelines for State aid in connection with investments in the processing and marketing of agricultural products (OJ C 29, 2.2.1996, p. 4).

(12) Guidelines for the examination of State aid to fisheries and aquaculture (OJ C 100, 27.3.1997, p. 12).

(13) See footnote 6.

(14) See in particular the judgment of the Court of First Instance in Case T-459/93, Siemens v Commission, [1995] ECR II-1675 and the decisions cited therein.

(15) See footnote 5.

(16) OJ C 74, 10.3.1998, p. 9.

(17) See footnote 5.

(18) Now Article 87.

(19) Judgment of the Court of Justice in Case 177/78, Pigs and Bacon, Commission v McCarren [1979], ECR 2161.

(20) 20th Report on Competition Policy, 1990, paragraphs 337 and 347; 21st Report on Competition Policy, 1991, paragraphs 316 and 317; 22nd Report on Competition Policy, 1992, paragraphs 503 and 504; 23rd Report on Competition Policy, 1993, paragraphs 547 and 548; 25th Report on Competition Policy, 1995, p. 238 to 240; 26th Report on Competition Policy, 1996, p. 251 to 255.

(21) Commission Decision 95/366/EC of 14 March 1995 on aid granted by Italy (Sardinia) in the agricultural sector (OJ L 218, 14.9.1995, p. 20); Commission Decision 97/106/EC on aid measures provided for in Sicilian regional Law 25/93 (OJ L 37, 7.2.1997, p. 11); Commission Decision of 16 April 1997 on aid granted by the Region of Sardinia, Italy, in the agricultural sector (OJ L 248, 11.9.1997, p. 27).

(22) Commission Decision of 22 March 1994 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products and repealing Decision 90/342/EEC (OJ L 79, 23.3.1994).