2002/785/EC: Commission decision of 7 May 2002 on the aid Italy is planning to grant under Article 21 of Region of Sardinia Law No 21/2000 to agricultural holdings using fuel other than methane (notified under document number C(2002) 1785)

• Articles: 3

Article 1

The State aid provided for in Article 21 of Region of Sardinia Law No 21 for agricultural holdings using fuel other than methane is incompatible with the common market.

The aid scheme shall 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, 7 May 2002.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ C 20, 23.1.2002, p. 7.

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

(3) See judgment of the Court of 17 September 1980 in Case 730/79, Philip Morris Netherlands v Commission of the European Communities, [1980] ECR 2671.

(4) In 1999, agricultural exports from Italy to other Member States of the European Union were worth EUR 10258 million, while Italy imported agricultural goods worth EUR 15271 million from other EU countries (source: Eurostat).

(5) See judgment of the Court of 21 March 1990 in Case C-142/87, Kingdom of Belgium v Commission of the European Communities, [1990] ECR I-959 and judgment of 14 September 1994 in joined Cases C-278/92, C-279/92 and C-280/92, Kingdom of Spain v Commission of the European Communities, [1994] ECR I-4103.

(6) OJ L 10, 13.1.2001, p. 31.

(7) See judgment of the Court of 13 July 1988 in Case 102/87, French Republic v Commission of the European Communities, [1988] ECR 4067.

(8) Source: Istat.

(9) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L 161, 26.6.1999, p. 1).

(10) See points 4.1 and 4.2 of the Community Guidelines for State aid in the agriculture sector.

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

(12) Ibid, point 2.

(13) See point 2.1 of the Community Guidelines for State aid in the agriculture sector.

(14) According to the calculations made by the Italian authorities, 10 calories of energy from diesel cost 1,125 lire compared with 0,63 from methane.

(15) See judgment of the Court of First Instance of 8 June 1995 in Case T-459/93, Siemens SA v Commission of the European Communities, [1995] ECR 1675.

(16) OJ C 37, 3.2.2001, p. 3.

(17) See recital 15 of this Decision.