16. 6. 90 Official Journal of the European Communities No C 147/5 
STATE AIDS 
No 3/90 
(Italy) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 147/05) 
Communication from the Commission pursuant to 
Article 93 (2) of the EEC Treaty to the other Member 
States and to parties concerned other than the other 
Member States concerning certain aids which the auth­
orities of the Region of Emilia-Romagna have decided 
to grant for fisheries. 
By letter dated 12 December 1989, recorded as received 
by the Commission on 4 January 1990, the Italian 
Government notified the Commission of the above aid 
project. 
By telex of 12 January 1990 the Commission requested 
certain additional information which it required in order 
to evaluate the project. By letter of 26 January 1990, 
recorded as received on 5 February 1990, the Italian 
Government provided the information requested. 
The Commission notes that the aid in question is to 
enable a pelagic fish processing firm to restructure its 
finances. 
The Commission has considered the aid in the light of 
the rules of competition and in particular of the 
guidelines for the examination of state aids in the 
fisheries sector (OJ No C 313, 8. 12. 1988, p. 21). The 
Commission notes that the effect of the grant of the aid 
would be to improve the liquidity position of the firm 
with the aim of reviving it, as supported by its fishermen-
members. The proposed aid threatens to distort compe­
tition by reducing the costs of the firm concerned. 
Bearing in mind the characteristics of the Community 
sardine market and the size of the firm (50 °/o of sardine 
landings at Porto Garibaldi; turnover Lit 7 800 million), 
it is liable to affect trade between Member States. 
On account of its nature and aims the aid must be 
regarded as operating aid which, according to the infor­
mation provided by the Italian authorities, is not linked 
with a restructuring plan deemed to be compatible with 
the common market. It does not comply therefore with 
the derogations from the principle of the prohibition of 
aid provided for in Article 92 (2) of the EEC Treaty. According to established Commission practice such aid is 
considered to be incompatible with the common market. 
1. The Commission has decided, therefore, to initiate 
the procedure laid down in Article 93 (2) of the EEC 
Treaty in respect of the proposed aid. 
Under the procedure, the Commission hereby gives 
notice to the Italian authorities to submit their 
comments within one month from the date of this 
letter. 
2. The Commission informs the Italian authorities that it 
will be giving notice to the other Member States and 
to other parties concerned, by publishing this letter in 
the Official Journal of the European Communities, to 
submit their comments. 
The Commission reminds the Italian authorities that 
pursuant to Article 93 (3) of the EEC Treaty the 
proposed measures may not in principle be put into 
effect until the procedure laid down in Article 93 (2) 
has resulted in a final decision. 
The Commission draws the attention of the Italian 
authorities to the letter which it sent to all Member 
States on 3 November 1983 concerning their obli­
gations under Article 93 (3) of the EEC Treaty and to 
the communication published in Official Journal of the 
European Communities No C 318 of 24 November 
1983, in which it is stated that any aid granted 
illegally, i.e. without a final decision having been 
reached under the procedure laid down in Article 
93 (2) of the EEC Treaty, may be the subject of a 
request for reimbursement. 
The Commission hereby gives notice to the other 
Member States and to parties concerned other than the 
other Member States to submit their comments on the 
measures in question within one month from the publi­
cation of this communication to the following address: 
Commission of the European Communities, 
200, rue de la Loi, 
B-1049 Brussels. 
The comments will be notified to Italy.