2002/362/EC: Council Decision of 3 May 2002 on the granting of a national aid by the authorities of the Italian Republic in favour of road transport undertakings
Date: 2002-05-03
Institutions: Council of the European Union
Subjects: Italy, State aid, carriage of goods, competition law, control of State aid, excise duty, road transport, transport company

L 131/14

EN

Official Journal of the European Communities

16.5.2002

COUNCIL DECISION

of 3 May 2002

on the granting of a national aid by the authorities of the Italian Republic in favour of road
transport undertakings

(2002/362/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 88(2), third subpara-
graph, thereof,

Having regard to the request made by the Government of the
Italian Republic on 4 February 2002,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 8(4) of Council Directive 92/81/EEC of 19
October 1992 on the harmonisation of the structures of
excise duties on mineral oils (1) allows the Council to
authorise Member States to introduce exemptions or
reductions in the excise duty charged on mineral oils for
specific policy purposes.

Under Article 1 of Council Decision 2000/446/EC (2)
and Article 2 of Council Decision 2001/224/EC of 12
March 2001 concerning reduced rates of excise duty and
exemptions from such duty on certain mineral oils when
used for specific purposes (3), until 31 December 2002,
by way of derogation from the provisions of Council
Directive 92/82/EEC (4), Italy is authorised to continue to
apply reduced rates of excise duty on diesel used as fuel
the rates
by road transport operators, provided that
respect the obligations laid down in Directive 92/82/EEC
and in particular the minimum rates laid down in Article
5 thereof.

legislation, since 16
Italy has provided in its national
January 1999, for a reduction in the rate of excise duty
on diesel used as fuel by road transport operators.

By means of a letter dated 18 April 2001 (published in
OJ C 160, 2.6.2001), the Commission notified Italy its
decision to initiate the procedure laid down in Article
88(2) of
the Treaty concerning the abovementioned
measures.

and

energy

conservation purposes
Environmental
prompted the Italian authorities to raise the rate of
excise duty on the most polluting fuels to discourage
their use. The increased taxation as well as the high rise
of costs due to the rise of the international price of

crude oil had severe negative repercussions on the activi-
ties in the road transport sector. The introduction of
compensatory measures to avert serious economic and
social difficulties for the road sector, which suffers from
market fragmentation and from Italy's morphology, was
necessary awaiting measures at infrastructural level. No
other remedy was adequate.

The measure is not discriminatory. The fact that some
firms or sectors benefit from certain tax measures does
not in itself mean that they are in form or substance
contrary to the common interest.

The measure is temporary and will expire on 31
December 2002. With effect from 1 July 2001, the
refundable amount has been substantially reduced.

Exceptional circumstances therefore exist, making it
possible to consider such aid, by way of derogation and
to the extent strictly necessary to remedy the economic
and social difficulties of
sector
concerned which has arisen, to be compatible with the
common market,

the road transport

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

The measures adopted by Italy in accordance with Article 1 of
Decision 2000/446/EC and Article 2 of Decision 2001/224/EC
shall be considered to be compatible with the common market.

This Decision is addressed to the Republic of Italy.

Article 2

Done at Brussels, 3 May 2002.

For the Council

The President

J. PIQUÉ I CAMPS

(1) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Direc-

tive 94/74/EC (OJ L 365, 31.12.1994, p. 46).

(2) OJ L 180, 19.7.2000, p. 39.
(3) OJ L 84, 23.3.2001, p. 23.
(4) OJ L 316, 31.10.1992, p. 19. Directive as last amended by Direc-

tive 94/74/EC.