Article 3
1. The aid measures provided for in Article 84 (4) and (5) of Law No 25/93 are illegal since they came into force before the Commission could state a position with regard to their compatibility with the common market. 2. Aid as referred to in paragraph 1 granted outside less-favoured areas within the meaning of Directive 75/268/EEC is incompatible with the common market where it exceeds 45 % pursuant to Article 92 (1) of the Treaty and it does not qualify under any of the derogations provided for in paragraphs 2 and 3 of that Article. 3. Within two months of notification of this Decision, Italy shall repeal the aid measures referred to in paragraph 2. Where such repeal entails adjusting the rates of aid laid down in the regional provisions providing therefor, the rates applicable shall be 45 % until the time-limit set out in the Commission Decision of 23 November 1994 and 35 % thereafter. 4. Within six months of notification of this Decision, Italy shall take the measures necessary to recover that part of the aid referred to in paragraph 2 exceeding the rates referred to in paragraph 3. 5. Recovery shall be undertaken in accordance with the procedures laid down by Italian law, interest being payable from the date on which the illegal aid was paid. Such interest shall be calculated on the basis of the commercial rate, by reference to the rate used to calculate the subsidy equivalent for the purposes of regional aid.