EN Official Journal of the European Union C 234/27

STATE AID — ITALY

(Articles 87 to 89 of the Treaty establishing the European Community)

Notice from the Commission, in accordance with Article 88(2) of the EC Treaty, to the Member States and other interested parties

State aid C 11/02 (ex N 382/01) — State aid for certain heavy goods vehicles used for road haulage in order to divert them from the Lake Maggiore trunk road 33 (SS 33) to the A26 motorway

(Text with EEA relevance)

(2007/C 234/12)

By letter dated 20 April 2004, reproduced below, the Commission informed Italy of its decision to authorise deferral of the implementation of the abovementioned aid.

‘1. PROCEDURE 1. By Decision of 9 July 2003 the Commission established that the measure Italy intended to implement from 1 June to 30 September 2003 in favour of certain heavy goods vehicles used for road haulage in the Lake Maggiore area was compatible with the Treaty. 2. By letter dated 27 October 2003 (registered under the number A/33206 on 28 October 2003) the Italian authorities informed the Commission that they had been unable to implement the abovementioned scheme during the period from 1 June to 30 September 2003 and that they now intended to apply it, under the same terms, during the period from 1 June to 30 September 2004. 3. On 11 February 2004 (TREN/A/4/CF/il D(2004) 263) the Italian authorities were informed that the Commission would need to adopt a decision taking account of the changes to the scheme. 2. DESCRIPTION OF THE MEASURE 4. In accordance with the combined text of draft regional laws Nos 14/2000 and 87/2000, the Piedmont Region plans, on a temporary basis between 1 June and 30 September 2003, to divert motor vehicles of more than 7,5 tonnes operating in the Lake Maggiore shore area from the trunk road to the sections of the A26 toll motorway between Gravellona Toce and Castelletto Ticino and Gravellona Toce and Borgomanero in both directions. 5. The vehicles concerned are motor vehicles weighing over 7,5 tonnes engaged in road haulage (1) and using the Telepass electronic toll system and/or paying tolls by means of cash, Bancomat, credit card or Viacard (2). 6. On the basis of the Memorandum of Understanding signed by the Ministry of Infrastructure and Transport, the Piedmont Region, Autostrade S.p.A. and the road hauliers' associations, the Piedmont Region has undertaken to provide partial compensation for tolls due as a result of the enforced use of the A26 motorway, i.e. up to 40 % within a maximum budget of approximately EUR 155 000. The road haulage associations, for their part, have undertaken to ensure that their members pay at least 40 % of the above tolls. In addition, Autostrade S.p.A. is offering a 20 % reduction to this category of vehicles. 7. The measure was not implemented between 1 June and 30 September 2003 but will be implemented between 1 June and 30 September 2004. 3. ASSESSMENT OF THE MEASURE 8. In its Decision of 9 July 2003 the Commission established that the measure constitutes State aid compatible with Community law pursuant to Council Regulation (EEC) No 1107/70 (3) in application of Article 73 of the Treaty. 9. In particular, the removal beforehand of the preferential treatment offered by the Telepass system, chiefly used by Italian road hauliers, was a decisive factor dispelling the main concern regarding the measure's potentially discriminatory effects in respect of operators from different Member States. The Commission also considered that diverting heavy goods traffic from the shore area to other areas meets the needs of coordination of transport. It further noted that the local authorities' measure does no more than compensate for additional expenditure incurred by certain vehicles forced to use the motorway. In addition, in view of the limited size of the financial benefit and the brief period in which it will be available, the Commission considered that the aid would not affect intra-Community trade or distort competition contrary to the common interest. 10. It is noted that the only the period of application of the aid scheme is changed. Given that the other features of the authorised scheme are unaltered, the Commission considers that the change does not affect the assessment it made in its Decision of 9 July 2003. 4. CONCLUSIONS Italy is hereby authorised to defer implementation of the measure referred to in this letter to the period from 1 June to 30 September 2004.’

(1) See Article 54(1)(d), (e), (h), (i) and (n) of the Italian Highway Code, Legislative Decree No 285 of 30 April 1992 (Gazzetta ufficiale della Repubblica italiana No 114 of 18.5.1992), as amended by Legislative Decree No 360 of 10 September 1993 (Gazzetta ufficiale della Repubblica italiana No 217 of 15.9.1993). See also the Decree of the Minister for Infrastructure and Transport of 5.12.2001 and Article 7 of Presidential Decree No 495 of 16.12.1992.

(2) See, in particular, paragraph 5 of the draft Memorandum of Understanding.

(3) OJ L 130, 15.6.1970, p. 1.