This Decision is addressed to Italy.
Done at Brussels, 16 December 2003.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ C 201, 1.7.1997, p. 10.
(2) See footnote 1.
(3) See Article 6 of Regional Law No 22/99 (aid N 795/99) and Article 131 of Regional Law No 32/2000.
(4) Article 1(8) of Regional Law No 33/1996 repeals Article 90 of Regional Law No 25/1993.
(5) See Commission Decision C(96) 2249 of 17 July 1996, notified to the Italian government by letter SG(96) D/6819 of 26 July 1996.
(6) The Commission considered that the aid provided for in Article 90 of Regional Law No 25/93, was, in addition, incompatible with Articles 30 and 52 of the Treaty owing to certain specific forms of application that were not reproduced in Article 1 of Regional Law No 33/96.
(7) Guidelines for State aid in connection with investments in the processing and marketing of agricultural products (OJ C 29, 2.2.1996, p. 4) and the Annex to Commission Decision 94/173/EEC of 22 March 1994 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agriculture and forestry products and repealing Decision 90/342/EEC (OJ L 79, 23.3.1994, p. 29).
(8) Working document VI/5934/86, 10.11.1986, Rev 2. Rules governing the grant of national aids in the event of damage to agricultural production or the means of agricultural production and national aids involving the defraying of a proportion of the insurance premiums covering such risks
(9) OJ L 128, 19.5.1975, p. 1.
(10) Aid C12/95, (OJ C 295, 10.11.1995, p. 5).
(11) OJ L 218, 6.8.1991, p. 1.
(12) See footnote 7.
(13) OJ L 368, 17.12.1992, p. 38. As corrected in OJ L 72, 25.3.1993, p. 36.
(14) Changes to the method for the application of Article 92(3)(c) of the Treaty to regional aid. Communication from the Commission to the Member States and interested third parties on changes to the method for the application of Article 92(3)(c) of the EC Treaty to regional aid (OJ C 364, 20.12.1994, p. 8).
(15) See aid Nos N 718/97, N 130/2000, N 412/2001 and N 53/2003, Venice Lagoon.
(16) Article 21 of Royal Decree No 215/1933, Article 864 of the Civil Code and Article 103 of DPR (Decree of the President of the Republic) No 603/73.
(17) Court Judgment in Case C-730/79, Philip Morris Holland BV v Commission, ECR [1980] 2671, grounds 11 and 12.
(18) Source:
Eurostat.
(19) Consistent case law holds that the condition of the effect on trade is met when the benefiting company carries out an economic activity which is the subject of trade between the Member States. The simple fact that the aid strengthens the position of this company in relation to other competing companies in intra-Community trade makes it possible to consider that trade was affected. As regards State aid to the agricultural sector, settled case law holds that, regardless of the relatively small amount of total aid involved and its distribution among many farmers, there is an impact on intra-Community trade and competition (see Case C 113/2000, [2002] ECR 7301, grounds 30 to 36 and 54 to 56 and Case C 114/2000, Kingdom of Spain v Commission, [2002] ECR I-7657, grounds 46 to 52, 68 and 69.
(20) Case 102/87 French Republic v Commission ECR [1988] I-4067.
(21) OJ C 28, 1.2.2000, p. 2. As corrected in OJ C 232, 12.8.2000, p. 17.
(22) OJ C 74, 10.3.1998, p. 9.
(23) See Amendments to the guidelines on national regional aid (OJ C 258, 9.9.2000, p. 5). Point 4.16.1 states "In the outermost regions qualifying for exemption under Article 87(3)(a) and (c) of the Treaty, and in the regions of low population density qualifying for exemption either under Article 87(3)(a) or under 87(3)(c) on the basis of the population density test referred to at point 3.10.4, aid which is not both progressively reduced and limited in time and is intended to offset in part additional transport costs may be authorised under special conditions. It is the task of the Member State to prove that such additional costs exist and to determine their amount".
(24) See footnote 21.
(25) OJ L 83, 27.3.1999, p. 1.
(26) Article 63 (EC control procedure) reads: "1. The assistance provided for in this law shall be subject to the applicable Community rules on State aid, and to the conclusion of the procedures laid down in Article 93(2) and (3) of the Treaty. 2. Any suspension of a provision as a result of the procedure laid down in Article 93 of the Treaty shall not prejudice the implementation of the other provisions of this law that are not subject to comment or that have been favourably assessed by the Commission of the European Communities."
(27) See footnote 21.
(28) See footnotes 4 and 5.
(29) See footnote 6.
(30) See footnote 7.
(31) See footnote 21.
(32) Aid cannot be granted to undertakings in financial difficulties except where such aid satisfies the conditions laid down in the Community guidelines on State aid for rescuing and restructuring firms in difficulty.
(33) OJ L 160, 26.6.1999, p. 80.
(34) See footnote 32.
(35) The purchase of second-hand equipment can be deemed admissible in duly justified cases if all the following four conditions are also met:
(a) a declaration from the seller stating the precise origin of the equipment and confirming that it has not previously benefited from a national or Community contribution;
(b) the purchase of such equipment must be of particular benefit to the programme or project or be imposed by exceptional circumstances (new equipment not available or only after a long waiting period, so threatening the proper implementation of the project);
(c) it must produce a reduction in the associated costs (and so the amount of aid) relative to the cost of that equipment if bought new, so maintaining a good cost/benefit ratio for the operation;
(d) the technical and/or technological features of the equipment must meet the demands of the project.
(36) See footnote 32.
(37) See footnote 35.
(38) See footnote 8.
(39) Aid C 12/95 (OJ C 295, 10.11.1995, p. 5).
(40) See footnote 8.
(41) See footnote 8.
(42) Article 2 of Law No 185/92 provides that, once the regions have established, on the basis of technical reports made by the provincial public inspection services competent for agriculture, the areas which were hit by the natural disaster or by the comparable exceptional adverse weather event and have assessed the damages, the Ministry of Agriculture, following verification of the effects of the event concerned, issues a Decree which declares the exceptional nature of the event and allows the grant of aid in favour of the affected undertakings which suffered damages equal at least to 35 % of their gross marketable production. According to the information provided by the competent authorities in their letter of November 2003 regarding the aid paid for natural disasters and comparable events since 1 January 2000, the technical information for evaluating the exceptional nature of each weather event concerned (including the relevant meteorological information) and for quantifying the resulting damages are contained in specific technical reports which are drafted by the provincial public inspection services competent for agriculture, on a case-by-case basis, after the event concerned. For each weather event, or group of weather events, which have resulted in damage equal at least to 35 % of the gross marketable production of the affected undertakings, after verification of the above regional inspection reports, the Ministry of Agriculture issues a Decree declaring the exceptional nature of the event concerned. As an example of the procedure described and of the data on the basis of which the exceptionality of a weather event is declared, the national authorities sent a dossier regarding drought in Sicily (Agrigento) in the years 2001/2002. Each Decree issued by the Ministry of Agriculture contains: a description of the exceptional weather event concerned, the period during which the event took place, the affected area and the type of aids provided for by Law No 185/92 which could be granted.
