2002/229/EC: Commission Decision of 13 November 2001 on the aid scheme which the Sardinia Region (Italy) is planning to implement for the restructuring of holdings in difficulty in the protected crops sector (notified under document number C(2001) 3445)

• Articles: 3

Article 1

The aid scheme which the Sardinia Region (Italy) is planning to implement under the terms of the Decision No 48/7 of 2 December 1997 of the Regional Executive is incompatible with the common market.

The aid scheme 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

This Decision is addressed to the Italian Republic.

Done at Brussels, 13 November 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ C 187, 3.7.1999, p. 2.

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

(3) See footnote 2.

(4) Judgment of the Court of Justice in Case C-355/95 P. Textilwerbe Deggendorf GmbH (TWD) v Commission and Germany, ECR I-2549, paragraph 25 of the grounds of judgment.

(5) Under this According, the constituent components of the net assets are, generally speaking, capital, the share-issue premium reserve, revaluation reserves, the legal reserve, the reserve in connection with portfolio shares, the statutory reserves, other reserves to be entered separately, deferred profits (or losses) and profits (or losses) for the financial year.

(6) Law No 127 of 15 May 1997 on emergency measures for speeding up administrative work and decision-making and control procedures, and the detailed implementing rules concerned.

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

(8) OJ L 25, 28.1.1997, p. 26.

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

(10) In 2000 Italy produced 16308854 tonnes of vegetables. Since figures are not yet available for all the Member States, it is not possible to determine the percentage of EU production this quantity represents. It should be noted, however, that according to the figures that are available, Italy is the only Member State whose production rose appreciably between 1999 and 2000.

(11) OJ C 288, 9.10.1999, p. 2.

(12) See footnote 2.

(13) Paragraph 1 of the Article states that "Any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods is, in so far as it affects trade between Member States, incompatible with the common market".

(14) See footnote 6.