Commission Decision (EU) 2022/448 of 17 June 2021 on the measures SA.32014, SA.32015, SA.32016 (2011/C) (ex 2011/NN) implemented by Italy for Siremar and its acquirer Società Navigazione Siciliana (notified under document C(2022) 4268) (Text with EEA relevance)

• CELEX: Decision (EU) 2022/448
• Articles: 8

Article 1

1.   The compensation granted to Siremar and the berthing priority awarded for the provision of maritime services under the initial Convention, as prolonged in the period 1 January 2009 to 30 July 2012, constitutes State aid within the meaning of Article 107(1) TFEU. With the exception of the State aid granted for the operation of routes D1 (Trapani – Pantelleria), D4 (Porto Empedocle – Linosa – Lampedusa), D5 (Palermo – Ustica), ALD/1 (Palermo – Ustica), the aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.

2.   The aid referred to in paragraph 1 of this Article is compatible with the internal market.

Article 2

1.   The prolongation of the rescue aid from 28 August 2011 to 18 September 2012 constitutes State aid to Siremar within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.

2.   The aid referred to in paragraph 1 of this Article – amounting to EUR 15 121 838,33 – is incompatible with the internal market.

Article 3

1.   The exemption from the indirect taxes on the transfer of the Siremar business branch to SNS constitutes State aid to Siremar within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.

2.   The payment by SNS of a fixed fee for the registration of the contract for the purchase of the Siremar business branch pursuant to the 2010 Law, instead of the fee ordinarily due under national law, constitutes State aid to SNS within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.

3.   The exemption from corporate income tax of the proceeds from the sale of the Siremar business branch to SNS constitutes State aid to Siremar within the meaning of Article 107(1) TFEU. The State aid was unlawfully put into effect by Italy in violation of Article 108(3) TFEU.

4.   The aid referred to in paragraphs 1, 2 and 3 of this Article is incompatible with the internal market.

5.   At the time of adoption of this Decision, Italy has not yet paid out the aid referred to in paragraph 3 of this Article.

Article 4

1.   The award of the new Convention for the period from 11 April 2016 until 11 April 2028, bundled with the Siremar business branch and the berthing priority to SNS does not constitute State aid within the meaning of Article 107(1) TFEU.

2.   The possibility to use resources of the Fondo Aree Sottoutilizzate to meet liquidity needs, as laid down by the 2010 Law, does not constitute State aid within the meaning of Article 107(1) TFEU.

3.   The possibility to use, on a temporary basis, the financial resources already committed to the upgrade and modernisation of the fleet, to cover pressing liquidity needs, as laid down by the 2010 Law, was not availed of as far as Siremar is concerned. Therefore, it does not constitute State aid to Siremar within the meaning of Article 107(1) TFEU.

Article 5

1.   Italy shall recover the incompatible aid referred to in Articles 2 and 3 from the beneficiaries, in so far as it has been paid out.

2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and to Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004.

4.   Based on the information at its disposal, the Commission acknowledges that the beneficiary has already repaid the principal of the aid referred to in Article 2 and part of the recovery interest.

5.   Italy shall cancel all outstanding payments of the aid referred to in paragraph 2 of Article 3 with effect from the date of adoption of this Decision.

Article 6

1.   Recovery of the aid referred to in Article 5 shall be immediate and effective.

2.   Italy shall ensure that this Decision is implemented within 4 months following the date of notification of this Decision.

Article 7

1.   Within 2 months following notification of this Decision, Italy shall submit the following information to the Commission:

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the total amount (principal and recovery interest) to be recovered from the beneficiaries;

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a detailed description of the measures already taken and planned to comply with this Decision;

—

documents demonstrating that the beneficiaries have been ordered to repay the aid.

2.   Italy shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 6 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

Article 8

This Decision is addressed to the Italian Republic.

The Commission may publish the amounts of aid and recovery interest recovered in application of this decision, without prejudice to Article 30 of Council Regulation (EU) 2015/1589.