2001/170/EC: Commission Decision of 17 January 2001 concerning Article 21 of draft Law No 368.2.XII of the Region of Sicily adopting provisions concerning fisheries and maritime activities and laying down rules governing inshore waters (Text with EEA relevance) (notified under document number C(2001) 163)
Date: 2001-01-17
Institutions: European Commission
Subjects: Sicily, fishing industry, fishing regulations, infringement of EU law, regional aid, restriction on competition

L 62/18

EN

Official Journal of the European Communities

2.3.2001

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 17 January 2001

concerning Article 21 of draft Law No 368.2.XII of the Region of Sicily adopting provisions
concerning fisheries and maritime activities and laying down rules governing inshore waters

(notified under document number C(2001) 163)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2001/170/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular the first paragraph of Article
88(2) thereof,

After having asked the parties concerned to submit
comments in accordance with that Article,

their

Whereas:

interested
comments from other Member States or
parties. Information was requested on 1 February 1999,
17 April and 1 August 2000, and the Italian Govern-
ment replied on 29 May and 2 October 2000.

Description of aid

(4)

Article 21 of draft regional Law No 368.2.XII provides
that:

(1)

(2)

(3)

Procedure

By letter dated 10 April 1997, recorded as received by
the Commission on 17 April 1997, your authorities
notified the above draft Law (file N 250/97). By letter
dated 20 June 1997,
recorded as received by the
Commission on 30 June 1997, the additional informa-
tion requested was forwarded.

On 30 July 1997, the Commission decided to initiate
the procedure provided for in Article 93(2) of the EC
Treaty in respect of Article 21 (aids for employment) of
draft Law No 368.2.XII of the Region of Sicily adopting
provisions concerning fisheries and maritime activities
and laying down rules governing inshore waters. (Letter
No SG(97)D/7090 sent to the Italian authorities on 18
August 1997).

On 13 January 1998, the Italian authorities provided the
information requested by the Commission. The Associa-
zione Armatori della Pesca submitted comments on 6
no
September

1997. The Commission

received

‘1. Workers employed in fisheries enterprises affected
by the restrictions contained in Article 13 of this Law
who, in the course of a year, spend not less than 181
days at sea on board vessels registered in the maritime
areas of
aid of
ITL 4 800 000 annually, which may be adjusted.

flat-rate

receive

Sicily

shall

a

2.
Days at sea shall include up to 20 days' absence on
sick leave or absence as a result of force majeure, which
shall be defined in the Regulation implementing this
Law.

3.
The measures provided for in paragraph 1 shall be
extended to individual skippers and shipowners or asso-
ciations therof, owning not less than 13 parts, which
shall be reduced to 12 parts in the case of joint owner-
ship with their spouse, of fishing vessels of less than 30
gross registered tonnes (grt), engaging in smallscale
fishing as defined in Article 16 above and which have
been registered for not less than one year in the mari-
time areas of the region of Sicily.’

2.3.2001

EN

Official Journal of the European Communities

L 62/19

(5)

(6)

(7)

(8)

(9)

The aim of the measure is to safeguard jobs in the
fishing industry. Workers employed in fisheries enter-
prises affected by the restrictions contained in Article 13
of the Law (matching fishing activities with the available
resources through restrictions on fishing periods, the
that may be used, species and fishing zones,
gear
together with the number and characteristics of vessels),
who spend not less than 181 days at sea on board
vessels registered in the maritime areas of Sicily receive a
flat-rate aid.

The aid is granted to individual skippers and shipowners
or associations thereof which own fishing vessels of less
than 30 grt which practise small-scale fishing (fishing
carried on by vessels of less than 30 grt which do not
use a trawl or seine) and have been registered for not
less than one year in the maritime areas of the region of
Sicily (Article 21(3) of draft regional Law No 368.2.XII).

(10)

(11)

The investigation procedure initiated by the Commission
in respect of
the provision concerned has become
devoid of purpose therefore since the draft regional Law
will not be adopted and the notification has been with-
drawn.

Consequently, the procedure must be terminated under
Article 8(2) of Council Regulation (EC) No 659/1999 of
22 March 1999 laying down detailed rules for the
application of Article 93 (now Article 88) of the EC
Treaty (1) in view of the fact that the notification has
become devoid of purpose.

Conclusion

(12)

In the light of the above, the Commission considers that
the investigation procedure should be closed,

Assessment

HAS ADOPTED THIS DECISION:

The Commission, in its letter initiating the procedure,
asked the Italian authorities to abolish the aid provided
for in Article 21(3) and granted to individual skippers
and shipowners or associations thereof.

Regarding the aid granted to individual skippers and
shipowners or associations thereof,
the Commission
considered that these were operating aids which were in
breach of the general rules of competition in that they
sought to relieve enterprises of the costs they would
normally have to bear as part of their day-to-day admin-
istration or normal activities.

At a meeting with the Commission departments held on
24 November 1999 and in its letters of 29 May and 2
October 2000, the Italian Government informed the
Commission that the draft regional Law had not been
adopted by the Sicilian Regional Assembly and would be
replaced by a new draft Law.

Article 1

The investigation procedure initiated in respect of Article 21 of
draft Law No 368.2.XII of the Region of Sicily adopting provi-
sions concerning fisheries and maritime activities and laying
down rules governing inshore waters is hereby terminated.

This Decision is addressed to the Italian Republic.

Article 2

Done at Brussels, 17 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 83, 27.3.1999, p. 1.