1. The premium of ITL 350000 (approximately EUR 175) per livestock unit granted for the maintenance until first calving of adult female animals of the Chianina breed which:
(a) were born on a holding listed in the herd book;
(b) are themselves listed in the herd book;
(c) calved for the first time on a holding listed in the same herd book,
is incompatible with the common market.
2. The aid for the establishment of an artificial insemination programme providing for the financing of the following pilot projects:
(a) the production of embryos with high genetic potential (taking oocytes from five-month old heifers and fertilising them in vitro with semen from the best breeding bulls);
(b) implanting the fertilised embryos into breeding cows,
is compatible with the common market subject to the amendment of the period of implementation referred to in Article 3, to avoid the payment of any retrospective aid.
3. The aid for the purchase of breeding bulls of the Chianina breed listed in a herd book, in the form of a grant to cover 40 % of the cost of the investment, is compatible with the common market subject to the amendment of the period of implementation referred to in Article 3, to avoid the payment of any retrospective aid.
Italy may not implement the aid scheme described in Article 1(1).
Italy shall amend the period of implementation of the aid measures referred to in Article 1(2) and (3) so that no aid is granted for expenditure incurred before the date of notification of the aid to the Commission.
Italy shall inform the Commission, within two months following notification of this decision, of the measures taken to comply with it.
This Decision is addressed to the Republic of Italy.
Done at Brussels, 10 November 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ C 390, 15.12.1998, p. 15.
(2) Source: Chianina Association (Associazione di razza).
(3) See Judgement of the Court of Justice of 17 September 1980 in Case 730/79 (Philip Morris Holland v. Commission [1980] ECR 2671).
(4) See Judgement of the Court of First Instance of 8 June 1995 in Case T-459/93 (Siemens SA v. Commission [1995] ECR 1675).
(5) Judgements of the Court of Justice in Case 120/73 Lorenz v. Germany [1973] ECR 1471 and Case 84/82 Germany v. Commission [1984] ECR 1451.
(6) Decision No 336 of 26 July 1988 "Procedures and provisions implementing Regulation (EEC) No 2088/85 IMP for Tuscany".
(7) It is explicitly stated in this letter that the Italian authorities were asked by telex of 9 January 1998 to provide further information, which they did in a letter from the Italian Permanent Representation dated 4 March 1998, and that after this exchange of correspondence, telephone conversations took place between Commission departments and the competent national departments, in the course of which the possibility of amending the programme notified on 5 December 1997 was mentioned.
(8) The position was confirmed in conversations between Commission and Italian officials.
(9) Judgements of the Court of Justice in Case 120/73 Lorenz v. Germany [1973] ECR 1471 and Case 84/82 Germany v. Commission [1984] ECR 1451.
(10) Under Article 4(6) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83, 27.3.1999, p. 1), the Commission has 15 working days following receipt of the notice in which to take a decision.
(11) OJ L 148, 28.6.1968, p. 24. This Regulation was repealed and replaced by Council Regulation (EC) No 1254/1999 of 17 May 1999 (OJ L 160, 26.6.1999, p. 21).
(12) See footnote 3.
(13) Court of Justice Judgements of 21 March 1990, Case C-142/87, Belgium v. Commission; ECR [1990] I-959, and of 14 September 1994, Joined Cases C-272/92, C-279/92 and C-280/92, Spain v. Commission, ECR [1994] I-4103.
(14) OJ C 68, 6.3.1996, p. 9.
(15) Including live cattle.
(16) Includes calves.
(17) Source: Eurostat.
(18) Judgement of the Court of Justice of 13 July 1988 in Case 102/87 French Republic v. Commission of the European Communities ECR [1988] 4067.
(19) Proposals for appropriate measures relating to aids granted by Member States in the livestock and livestock products sector.
(20) See point 27.
(21) See footnote 4.
(22) See the following aid schemes: N 490/96; N 636/97; N 573/98.
(23) See Judgement of the Court of Justice of 18 May 1977 in Case C-111/76 (Officier van Justitie v. Beert van den Hazel, [1977] ECR 901).
(24) OJ L 215, 30.7.1992, p. 85.
(25) See Commission document VI/3768/98 on "Programmes to protect genetic diversity of endangered breeds of farm animals and plant varieties under Regulation (EEC) No 2078/92".
(26) Letter from the Italian authorities of 11 December 1998 (see point 29).
(27) Council Regulation (EEC) No 2088/85 of 23 July 1985 concerning the Integrated Mediterranean Programme (OJ L 197, 27.7.1985, p. 1).
