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.
Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
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.
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repeals Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of market in wine, which repealed Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organisation of the market in wine, as amended by Council Regulation (EC) No 454/80.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.