2002/195/EC: Commission Decision of 17 October 2001 on the aid scheme which Italy intends to implement for the production, processing and marketing of products listed in Annex I to the Treaty (Law 81 of the region of Sicily of 7 November 1995) (notified under document number C(2001) 3060)

• Articles: 4

Article 1

The aid which Italy is planning to grant on the basis of Articles 4 and 8 of Law No 81 of the region of Sicily of 7 November 1995 for the production, processing and marketing of the products listed in Annex I to the Treaty, not including the fisheries and aquaculture sector, is incompatible with the common market.

The aid may accordingly not be implemented.

Article 2

Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.

Article 3

With regard to the fisheries and aquaculture sector, the Commission gives Italy notice, in accordance with Article 10(3) of Regulation (EC) No 659/1999, to provide it with the following information within one month:

- a list and the description of the aid measures provided for by Regional Law No 26 of 27 May 1987 to be refinanced under Article 9 of Regional Law No 81 of 8 November 1995,

- the precise terms on which this aid is granted: its exact nature, rate, rules regarding aggregation with other aid schemes, etc.

Article 4

This Decision is addressed to the Italian Republic.

Done at Brussels, 17 October 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1. See recital 36 of this Decision. The Regulation repeals Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of market in wine, which repealed Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organisation of the market in wine, as amended by Council Regulation (EC) No 454/80.

(2) OJ C 88, 19.3.1997, p. 17.

(3) OJ L 83, 27.3.1999, p. 1.

(4) See recital 36 of this Decision.

(5) See recital 36 of this Decision.

(6) The wording of Article 4 of the Regional Law contains inexact legal references: among the conditions laid down in that Article is possession of replanting rights acquired within the meaning of Regulation (EEC) No 454/80. At the time the Law was published, the provisions inserted by Regulation (EEC) No 454/80 in Regulation (EEC) No 337/79 had not been in force since 1 April 1987 (the date of entry into force of Regulation (EC) No 822/87 on the common organisation of the market in wine). In fact, the replanting rights had been acquired under Regulation (EEC) No 337/79.

(7) See recital 36 of this Decision.

(8) OJ L 132, 28.5.1998, p. 3. The period of validity of the Regulation was extended until the 1997/98 wine year by Regulation (EC) No 1595/96 (OJ L 206, 16.8.1996, p. 36).

(9) This is the date set by the Commission for the application of the new set of rules on national aids in the form of subsidised short-term loans to aid which is not "existing" within the meaning of Article 88 (ex 93(1)) of the Treaty.

(10) OJ C 44, 16.2.1996.

(11) OJ C 269, 19.10.1985.

(12) OJ L 376, 31.12.1986, p. 7.

(13) OJ C 260, 17.9.1994, p. 3.

(14) OJ L 346, 31.12.1993, p. 1. Consolidated version in Regulation (EC) No 2468/98 (OJ L 312, 20.11.1998).

(15) See recital 36 of this Decision.

(16) See recital 36 of this Decision.

(17) See recital 36 of this Decision.

(18) OJ C 28, 1.2.2000, p. 2.

(19) As amended by Regulation (EEC) No 454/80.

(20) OJ L 160, 26.6.1999, p. 80.

(21) OJ C 44, 16.2.1996, p. 2.

(22) SG(97) D/10801, 19.12.1997.