NoC 116/4 Official Journal of the European Communities 11. 5. 90 
STATE AID 
C 2/89 
COMMISSION DECISION 
of 1 March 1990 
on certain aid measures to promote the development and enhanced exploitation of fishery 
activities 
Italy — Emilia Romagna 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 116/03) 
By letter No SG (89) D/2568 of 23 February 1989, the 
Italian Government was informed of the Commission 
decision to initiate the scrutiny procedure provided for in 
Article 93 (2) of the EEC Treaty in respect of all 
measures covered by Regional Law No 3 of 14 February 
1979 as amended by Regional Law No 160 of 18 May 
1988. 
By letters of 5 July and 3 October 1989 the Italian auth­
orities conveyed their comments to the Commission. 
The parties concerned having been given notice to 
submit their comments, by letter of 21 June 1989 the 
Government of a Member State registered its approval of 
the decision to initiate in the case in question the 
procedure provided for in Article 93 (2) of the Treaty. 
I. Given that this aid is already being implemented, the 
Commission deplores the failure of the Italian auth­
orities to comply with their obligations under Article 
93 (3) of the EEC Treaty and reserves the right to 
take any measure necessary to ensure observance of 
the rules. 
II. Given that Law No 48 of 2 December 1988 provides 
for a budget in respect of all assistance covered by 
Law No 3 of 14 February 1979 as amended, the 
Commission has scrutinized all the measures 
concerned in the light of the competition rules, in 
particular the guidelines for the examination of State 
aids in the fisheries sector (') and Regulations (EEC) 
No 4028/86 and No 355/77, as superseded by Regu­
lation (EEC) No 4042/89. 
According to the Commission's information, the regional 
authorities have been granting the aid in question under 
the terms of the national plan for fisheries adopted by 
Ministerial Decree No 95 of 4 August 1988, transmitted 
to the Commission by letter of 28 December 1988. This 
plan, which constitutes the national framework for 
development of the fisheries sector, lays down the terms 
governing Italy's contribution to the Community aid provided for in the above Regulations and refers thereto. 
The regional authorities accordingly undertake to 
comply with the national directives as regards observance 
of the multiannual guidance programmes concerned 
which have been or are to be approved by the 
Commission, and as regards observance of the rates of 
aid and eligibility conditions provided for in the 
respective Community rules. 
The Commission has taken note that within the sphere 
of application of Regulation (EEC) No 355/77, as 
superseded by Regulation (EEC) No 4042/89, the 
Italian authorities have been granting aid in respect of 
means of transport for the distribution of fishery 
products and with a view to the purchase of data-
processing equipment, in compliance with the rate of aid 
and eligibility conditions laid down in the Regulations 
concerned. 
With regard to research aid, the Commission has taken 
note that the framework established under the national 
plan for fisheries which provides for research by certain 
institutes which publish the results thereof, will be 
respected in the case in question. 
The Commission has decided accordingly to close the 
procedure under Article 93 (2) of the Treaty opened in 
respect of all the measures, as amended, covered by 
Decree No 3 of 14 February 1979, in which respect it 
would draw attention to the following: 
The Commission requests the Italian authorities to keep 
it informed of the implementation of the aid in question, 
through annual reports containing a list, complete with 
description, of all individual projects. It reserves the right 
to revoke its present decision if subsequently it estab­
lishes facts incompatible with Community legislation, in 
particular with regard to compliance with the objectives 
of the Italian multiannual programmes adopted or to be 
adopted under the Community rules applicable. 
(') OJ No C 313, 8. 12. 1988, p. 21.