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C 100/18 EN Official Journal of the European Communities 2.4.

98

Assessment of the aid Treaty with regard to the refinancing of the aid provided
for by Law No 1329/65 for the processing and
This aid must be assessed in the light of the guidelines marketing of agricultural products.
for State aid in connection with investments in the
Under the procedure provided for in Article 93(2), the
processing and marketing of agricultural products (OJ
Commission hereby gives notice to the Italian
C 29, 2.2.1996).
Government to submit its comments within one month of
receipt of this letter.
Those guidelines lay down that State aid granted for the
investments referred to in the second and third indents It will give notice to the other Member States and
of point 1.2 of the Annex to Commission Decision interested parties, by means of a notice published in the
94/173/ECØ(Î) or excluded unconditionally in point 2 of Official Journal of the European Communities, to submit
that Decision may not be considered compatible with the their comments within one month of publication.
common market. The Commission draws the attention of the Italian
Government to the letter it sent to all the Member States
The intensity of the aid may not exceed 55Ø% of the on 3 November 1983 concerning their obligations under
eligible investment (75Ø% in Objective 1 regions). Article 93(3) of the EC Treaty and to the notice
published in the Official Journal of the European
Communities C 318 of 24 November 1983, page 3, which
No assurance has been given that the aid complies with stated that any aid granted illegally, i.e. without a final
the above sectoral limits, the aid being allowed without decision under the procedure laid down in Article 93(2)
any restriction on the branch of production in the of the Treaty having been reached, is likely to be the
agrifood sector in which the investments can be made. subject of a request for reimbursement and/or a refusal
to charge to the EAGGF budget expenditure on national
The measure therefore seems incompatible with the measures directly affecting Community measures.
common market since the aid can be granted for
Any repayment must be made in accordance with Italian
investments excluded under the guidelines for State aid
law and include interest calculated on the basis of the
in connection with investments in the processing and
interest rate used as the reference rate for evaluating
marketing of agricultural products.
regional aid schemes and commencing on the date on
which the illegal aid was paid.’
As regards the intensity of the aid covered by the
national provisions in question, the information so far The Commission gives notice to the other Member
supplied does not permit verification of whether, and by States and interested parties to submit their comments
what rules, the limits laid down in the guidelines are within one month of the date of publication of this
respected. notice to the following address:
European Commission
In view of the above, the Commission has decided to Rue de la Loi/Wetstraat 200
open the procedure provided for in Article 93(2) of the B-1049 Brussels.
Any comments will be forwarded to the Italian
(Î)ÙOJ L 79, 23.3.1994. Government.

Commission notice to operators in the olive oil sector

(98/C 100/07)

The Commission wishes to draw the attention of the parties concerned to its proposal that the
Council adopt a measure providing that:
supplementary olive trees and the corresponding areas planted after 1 May 1998 cannot
constitute a basis for aid to olive producers under the common organisation of the market in
oils and fats, to take effect from 1 November 2001.