2007/499/EC: Commission Decision of 21 February 2007 on State aid No C 16/2006 (ex NN 34/2006) to be implemented by the Region of Sicily for Nuova Mineraria Silius SpA (notified under document number C(2007) 473) (Text with EEA relevance)

• Articles: 5

Article 1

1.   The State aid which Italy has implemented for Nuova Mineraria Silius S.p.A., amounting to EUR 98 360 000, is incompatible with the common market.

2.   The State aid which Italy is planning to grant to Nuova Mineraria Silius S.p.A., amounting to EUR 25 869 000, is also incompatible with the common market and may not therefore be implemented.

Article 2

1.   Italy shall recover from the beneficiary the aid referred to in Article 1(1).

2.   The sums to be recovered shall include interest for the entire period running from the date on which they were at the disposal of the beneficiary until the date of their recovery.

3.   The interest shall be calculated on a compound basis in conformity with Chapter V of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty  ( 16 ) .

Article 3

1.   Italy shall take all necessary measures to recover from the beneficiary the illegal and incompatible aid referred to in Article 1(1).

2.   Recovery shall take place without delay and in accordance with the procedures under national law provided that they allow the immediate and effective execution of the decision.

3.   Italy shall ensure that the present decision is implemented within four months of the date of notification.

Article 4

1.   Italy shall keep the Commission informed of the progress of the national proceedings to implement this decision until these proceedings have been completed.

2.   Within two months of notification of this decision, Italy shall submit information specifying the total amount (principal and interest) to be recovered from the beneficiary and a detailed description of the measures already taken or planned to comply with the present decision. By the same deadline, it shall send to the Commission all the documents demonstrating that the beneficiary has been ordered to repay the aid.

3.   After the period of two months referred to in paragraph 2, Italy shall submit, on a simple request by the Commission, a report on the measures already taken or planned to comply with this decision. This report shall also provide detailed information on the amounts of aid and interest already recovered from the beneficiary.

Article 5

This decision is addressed to Italy.