Article 3
This Decision is addressed to the Italian Republic. Done at Brussels, 9 April 2002. For the Commission Mario Monti Member of the Commission (1) OJ C 27, 27.1.2001, p. 37. (2) See footnote 1. (3) See Commission decision of 14 September 2000 in Case N 208/2000, SOIT (NL). See also the Commission White paper on fair payment for infrastructure use: A phased approach to a common transport infrastructure charging framework in the EU (COM(1998) 466 final, of 22 July 1998, Chapter 5, paragraph 43) and Commission Communication "Reinforcing Quality in Sea Ports: A Key for European Transport", COM(2001) 35 final, 13.2.2001, p. 11. (4) Case T-128/98 Aéroports de Paris v Commission, [2000] ECR II-3929. (5) Naturally, if cableways benefit from a measure of a general nature, this would not qualify as State aid owing to the lack of selectivity. (6) OJ L 83, 27.3.1999, p. 1. (7) OJ L 10, 13.1.2001, p. 30. (8) Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (OJ L 10, 13.1.2001, p. 33); Guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 288, 9.10.1999); Guidelines on national regional aid (OJ C 74, 10.3.1998, p. 9). (9) See Commission proposal for a regulation of the European Parliament and the Council concerning the granting of aid for the coordination of transport by rail, road and inland waterway COM (2000) 5 final, 26 July 2000. (10) See footnote 8. (11) Aid that is disbursed in instalments to the beneficiary will be assessed as a whole with reference to the intensity that can be accepted at the time of granting. In the case of schemes that grant aid at different points in time, the reference is the aid intensity at the time of granting. That is to say, if the same scheme grants aid in 2003 and 2004, the accepted aid intensity, other things being equal, would be five percentage points lower for the aid granted in 2004. (12) See footnote 7. (13) See footnote 8. (14) OJ L 106, 3.5.2000, p. 21.