No C 48/6 Official Journal of the European Communities 28. 2. 90 
It should be pointed out to the Italian Government that 
pursuant to Article 93 (3) of the EEC Treaty, which 
stipulates that the initiation of proceedings has a 
suspensory effect, the tax measures introduced by means 
of Order No 174, which has now ceased to be effective, 
must not be implemented through the Italian 
Parliament's adoption of draft Law No 4230, whose 
object it is to give effect to the acts and provisions 
adopted pursuant to the abovementioned Order, until 
such time as the Commission has taken a final decision 
in accordance with Article 93 (2). 
Commission communication pursuant to Article 93 (2) of 
the EEC Treaty to other Member States and interested 
parties concerning aids which Italy has decided to grant 
for the plan to set up a drop-forging press at Foggia. 
The Commission has learned that the Italian 
Government has granted aid for the abovementioned 
project. 
By letters dated 12 December 1988 and 23 January 1989, 
and again by telex sent on 24 July 1989, the Commission 
asked the Italian Government to notify the abovemen­
tioned measure, in accordance with Article 93 (3) of the 
EEC Treaty, or to inform it whether aid had been 
granted for the abovementioned project under a scheme 
already approved by the Commission. 
It appears in particular that regional aid has been 
granted to 'Figli di Stefano Bertoldo' for the setting up 
of a drop-forging press of 12 000 tonnes at Foggia 
(Southern Italy). 
Since the rate of utilization of existing capacity within 
the Community appears to be very low, the setting up of 
a new unit of this type through State aid threatens to 
distort trade between Member States and to distort 
competition to an extent contrary to the common 
interest. The lack of any reply to the three written 
requests for information presented by the Commission to 
the Italian authorities means that there is at present 
nothing to contradict such a presumption that compe­
tition is being distorted. The Commission hereby gives the other Member States 
and interested parties notice to submit their comments on 
the measures in question within one month from the date 
of the publication of this notice to: 
Commission of the European Communities, 
Rue de la Loi 200, 
B-1049 Brussels. 
The comments will be communicated to the Italian 
Government. 
In the light of these observations, the Commission would 
inform the Italian Government that it has initiated the 
procedure laid down in Article 93 (2) of the EEC Treaty 
in respect of the measure described above. 
The Commission hereby gives the Italian Government 
notice, as part of that procedure, to submit its comments 
within one month from the date of this letter. 
The Commission would remind the Italian Government 
that Article 93 (3) of the EEC Treaty prevents the 
proposed measures being put into effect until the Article 
93 (2) procedure has resulted in a final decision. 
The Commission would draw the Italian Government's 
attention to the letter it sent all Member States on 3 
November 1983 on the subject of their obligations under 
Article 93 (3) of the EEC Treaty and the communication 
it published in the Official Journal of the European 
Communities No C 318, 24 November 1983, p. 3, in 
which it reminded Member States that, where they grant 
aid unlawfully, i. e. before the Article 93 (2) procedure 
has resulted in a final decision, the Commission may 
require them to recover it. 
The Commission hereby gives the other Member States 
and interested parties notice to submit their comments on 
the measures in question within 1 month from the date 
of publication of this notice to: 
Commission of the European Communities, 
200 rue de la Loi, 
B-1049 Brussels. 
The comments will be communicated to Italy. STATE AID 
C 44/89 (NN 1/89) 
(Italy) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 48/06)