2004/261/EC: Commission Decision of 9 July 2003 on the State aid C 11/2002 (ex N 382/2001) which Italy is planning to implement in favour of certain heavy goods vehicles designed for the carriage of goods by road in order to divert heavy goods traffic from trunk road 33 (SS 33) from Lake Maggiore to the A26 motorway (Text with EEA relevance) (notified under document number C(2003) 2154)
Date: 2003-07-09
Institutions: European Commission
Subjects: Italy, State aid, carriage of goods, commercial vehicle, control of State aid, road transport, toll

L 81/80

EN

Official Journal of the European Union

19.3.2004

COMMISSION DECISION

of 9 July 2003

on the State aid C 11/2002 (ex N 382/2001) which Italy is planning to implement in favour of
certain heavy goods vehicles designed for the carriage of goods by road in order to divert heavy
goods traffic from trunk road 33 (SS 33) from Lake Maggiore to the A26 motorway

(notified under document number C(2003) 2154)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2004/261/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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

Italy forwarded its comments to the Commission by
letters dated 17 May 2002 (DG TREN/A/59000) and 17
January 2003 (SG(2003)A/1199). The Commission has
received no comments from interested parties.

Having regard to the Agreement on the European Economic
Area, and in particular Article 62(1)(a) thereof,

2. DETAILED DESCRIPTION OF THE AID

(5)

(6)

(7)

Having called on Italy and the interested parties to submit their
to the provisions cited above (1), and
comments pursuant
having regard to their comments,

Whereas:

1. PROCEDURE

(1)

By letter dated 12 June 2001, Italy notified the revised
versions of draft regional laws Nos 14 and 87 on the
‘diversion of heavy goods traffic from trunk road 33 (SS
33) in the Lake Maggiore area to the A26 motorway’.

In particular,

It furnished the Commission with supplementary infor-
mation by letters dated 4 September 2001 and 21
January 2002.
in their letter dated 14
January 2002 (DG TREN/A/51067), the Italian authori-
the Commission a draft Memorandum of
ties sent
Understanding between the Ministry of
Infrastructure
and Transport, the Piedmont Region, the road hauliers'
associations and the motorway concessionary Autostrade
SpA.

By letter dated 27 February 2002,
the Commission
informed Italy of its decision to initiate the procedure
laid down in Article 88(2) of the EC Treaty in respect of
this aid.

The Commission decision to initiate the procedure was
published in the Official Journal of the European Commu-
nities (2). The Commission called on Italy and the inter-
ested parties to submit their comments.

(2)

(3)

(1) OJ C 87, 11.4.2002, p. 2.
(2) See footnote 1.

2.1. Brief description of the initial measures

For the purpose of maintaining the safety of the citizens
concerned, protecting the environment and developing
tourism in the area of Lake Maggiore,
the Piedmont
Region proposes to implement a seasonal traffic diver-
sion system for all heavy goods vehicles over 7,5 tonnes
from trunk road 33 in the area of Lake Maggiore to the
A26 motorway.

To that end, the Piedmont Region proposes to pay up to
40 % of the tolls incurred by such vehicles for the use of
the motorway. In accordance with national
legislation
on the temporary diversion of heavy goods traffic, the
Italian authorities justify the measure with reference,
inter alia, to the fact that in the case in point, the toll
motorway is the only possible alternative to the main
road.

2.2. Detailed description of the current measures

In accordance with the final versions of draft regional
laws Nos 14/2000 and 87/2000, the Piedmont Region
plans, on a temporary basis between 1 July and 30
September 2003, to divert certain categories of heavy
goods traffic in the Lake Maggiore shore area from the
trunk road to the A26 toll motorway; this concerns the
sections between Gravellona Toce and Castelletto Ticino
and Gravellona Toce and Borgomanero in both direc-
tions. This measure is designed to maintain the safety of
citizens living near the shores of Lake Maggiore, an area
endangered during the summer months, when the local
roads are affected by a significant increase in traffic due
the
to tourism. This measure is designed to protect
environment
to reducing
pollution) and to develop tourism in the area, while
reducing journey times for road-based freight transport.

(with particular

reference

19.3.2004

EN

Official Journal of the European Union

L 81/81

(8)

(9)

The vehicles concerned are motor vehicles over 7,5
tonnes for the carriage of goods by road and, in particu-
lar, buses, road tractors, trailers, articulated vehicles and
vehicles used to carry materials for the building, road
maintenance and mining sectors (3). These vehicles are
identified directly by Autostrade SpA, the concessionary
for the A26 motorway, by means of the Telepass elec-
tronic toll system and the payment receipts issued when
vehicles pass through the motorway toll gates.

By letter dated 17 January 2003 (SG(2003)A/1199) Italy
extended the scope of the measure to Italian and Com-
munity heavy goods vehicles over 7,5 tonnes paying the
motorway tolls by systems other than Telepass, specifi-
cally those paying tolls using cash, Bancomat, credit card
and Viacard (4).

(10) As regards the application of the measure exclusively to
vehicles over 7,5 tonnes, it should be emphasised that,
in the Italian legal system, this is the category to which
temporary diversions normally apply (5).

(11)

The conditions for the application of the measure have
been defined in a draft Memorandum of Understanding
concluded between the Ministry of Infrastructure and
Transport, the Piedmont Region, Autostrade SpA and
the road hauliers' associations. On the basis of
this
agreement,
the Piedmont Region has undertaken to
provide partial compensation for the tolls due as a result
of the enforced use of the A26 motorway, specifically
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
SpA is offering a 20 % reduction to this category of
vehicles.

(12)

The reduction will either be shown on the invoices of
road hauliers using the Telepass electronic toll payment
system or will be available directly to road hauliers using
cash, Bancomat, credit cards or Viacard when they pay
tolls at Autostrade SpA toll gates. The Piedmont Region
undertakes to reimburse Autostrade SpA for the toll
reductions it has borne (up to 40 %).

Journal of

the Republic of

(3) See Article 54(1) paragraphs (d), (e), (h), (i) and (n) of the Italian
Highway Code, Legislative Decree No 285 of 30 April 1992 (Offi-
cial
Italy No 114, 18.5.1992), as
amended by Legislative Decree No 360 of 10 September 1993 (Offi-
cial Journal of the Republic of Italy No 217, 15.9.1993). See also
the Decree of the Minister for Infrastructure and Transport of 5
December 2001 and Article 7 of Presidential Decree No 495 of 16
December 1992.

(4) See, in particular, paragraph 5 of the draft Memorandum of Under-

standing.

(5) See also the Decree of the Minister for Infrastructure and Transport
of 5 December 2001 and Article 7 of Presidential Decree No 495 of
16 December 1992.

(13)

The amount of toll to be paid varies, according to cate-
gory of vehicle and the section of motorway involved,
from EUR 0,77 to EUR 5,4 per vehicle per journey.

(14)

(15)

The measure is necessitated because the toll-charging
A26 motorway is the only alternative to the Lake
Maggiore trunk road, to which access will be limited. In
the Italian legal system (6), whenever the local authorities
decide to divert heavy goods traffic temporarily for
reasons other than public safety, road safety or health
protection, they must indicate one or more alternative
routes, including at least one which does not require the
mandatory use of toll motorways.

By letter dated 17 January 2003 (SG(2003)A/1199) the
Italian authorities notified the Commission of the results
of a study designed to measure the level of pollution
caused by a vehicle with a maximum weight of 26
tonnes travelling on the following routes in both direc-
tions: between Castelletto Ticino and Gravellona Toce
and between Borgomanero and Gravellona Toce, using
either the A26 motorway or roads SS 33, SS 142 and
SR 229 (7). This study shows that, even though the
motorway route is 10 km longer than the routes via the
national roads, using the A26 motorway nonetheless
considerably reduces fuel consumption and hence the
levels of polluting emissions. Based on the forecasted
increase in the number of vehicles using the above
motorway if the diversion of heavy goods vehicles in the
Lake Maggiore area is applied, the Italian authorities also
assessed the overall quantity of diesel which could be
saved in the years 2003, 2004 and 2005. According to
Italy, the reduction in fuel consumption would have the
effect of reducing polluting emissions and would thus
help improve environmental conditions in the area,
particularly the level of atmospheric pollution (8).

(16) At present, the measure seems to be experimental

in
nature and to be confined to the period 1 June to 30
September 2003. Until the results of the experiment are
confirmed,
the Piedmont Region plans to set up a
working party made up of a representative of each body
signing the draft agreement.

(6) See Ministerial Circular No 62 of 5 August 1993, Articles 6 and 7
of Legislative Decree No 285 of 30 April 1992 and Article 7 of
Presidential Decree No 495 of 16 December 1992 (Official Journal
of the Republic of Italy No 303, 28.12.1992) as amended by Presi-
dential Decree No 610 of 16 September 1996 (Official Journal of
the Republic of Italy No 284, 4.12.1996).

(7) Test carried out on 23 October 2002 using an IVECO AS 440 S 45
linked to a semi-trailer, max. 40,5

tractor (240 horse power)
tonnes.

(8) See,

in particular,

the Regional Plan for redevelopment and air
quality (Piano regionale per il risanamento e la qualità dell'aria, Official
Journal of the Piedmont Region No 47, 21.11.2002) adopted by
Decision of the Regional Executive on 21 November 2002 pursuant
to Decree of the Minister for the Environment No 60/2002. Under
this programme, eight municipalities in the area concerned are
among those with atmospheric pollution levels above the upper
limit and requiring action to be taken by the regional administra-
tion.

L 81/82

EN

Official Journal of the European Union

19.3.2004

(17)

(18)

(19)

2.3. Reasons for initiating the procedure

In its decision to initiate the formal investigation proce-
dure, the Commission noted that, in this instance, the
measure planned by the Italian authorities seemed to be
covered by Article 87(1) of the EC Treaty. In particular,
it harnesses State resources, confers financial advantage
road sector, particularly the
exclusively upon the
carriage of freight by heavy goods road vehicles over 7,5
tonnes using the Telepass electronic
toll payment
system, exempting them from costs they would normally
incur. The Commission also observed that the measure
the national road
applies to only a limited part of
network. It considered, moreover, that the measure may
be regarded as operating aid which, in view of the extent
to which the road freight transport sector is open to
competition, distorts or risks distorting intra-Community
trade.

The Commission has expressed doubts regarding the
measure's compatibility with Article 87(2) or (3) and
with Article 73 of the Treaty. In particular, the Commis-
sion felt there was a risk that the measure in question
was not aimed at improving modal balance but seemed
rather to have the effect of favouring road transport
over other modes, particularly rail and short sea ship-
ping.

(22)

(23)

Consequently, in its Decision of 27 February 2002, the
Commission invited Italy to respond within one month
of receiving the Decision and to provide answers to the
supplementary questions and all useful
information
needed to assess the measure. The Commission also
invited
their
comments.

interested

submit

parties

third

to

3. COMMENTS BY ITALY

(20)

By letter dated 17 May 2002 (DG TREN/A/59000) Italy
clarified the content of
the measure further. Subse-
quently, by letter dated 17 January 2003 (SG(2003)A/
1199) Italy informed the Commission of the amend-
ments made
comments
to the
forwarded can be summarised as follows.

aid scheme. The

(24)

of motorway and using the Telepass system. To justify
the fact that only vehicles using the electronic Telepass
toll payment system could benefit
from the aid, the
Italian authorities pointed out that the majority of vehi-
cles from Italy or any other Member State already
subscribed to the system for their operations. Italy subse-
quently decided to extend the scope of the measure to
include Italian and Community heavy goods vehicles
over 7,5 tonnes paying tolls by means other than the
Telepass system.

Italy maintains that the aid measure is compatible with
the guidelines on State aid for environmental protec-
tion (9) and, in particular, paragraphs 50 and 51 thereof.
According to the Italian authorities,
the measure is
necessary to contribute significantly to protection of the
environment, safety and public health compromised by
the congestion due to road traffic on the trunk road SS
30 at Lake Maggiore. In addition, the regional authority's
action is set out in an agreement, the ‘Memorandum of
Understanding’ signed by the regional administration
and the road haulage associations, thus complying with
paragraph 51 of the above guidelines.

in support of the fact that the measure
In particular,
contributes
the Italian
to environmental protection,
authorities report the results of the study carried out on
a maximum 26-tonne vehicle which travelled the
following routes between Castelletto Ticino and Gravel-
lona Toce and between Borgomanero and Gravellona
Toce in both directions, both via the A26 motorway and
via the SS 33 and SR 229 roads. The Italian authorities
insist that using the A26 motorway would appreciably
reduce fuel consumption and hence the level of polluting
emissions.
increasing the
number of vehicles using the A26 motorway would
reduce levels of fuel consumption and polluting emis-
sions more generally,
thus improving environmental
conditions in the Lake Maggiore area. The Italian autho-
rities
the traffic diversion would help
improve environmental conditions, particularly in terms
of reducing the level of atmospheric pollution in certain
municipalities along the road route which, under Pied-
mont regional law No 43/2000 (10), belong to regional
areas 1 and 2,
characterised by pollution levels
exceeding the air quality limits.

In fact, according to Italy,

submit

that

The regional authorities suggest, moreover,
the
measure can be justified on the basis of Article 73 of the
EC Treaty. In this respect, Italy notes that the protection
of public safety is related to the concept of
‘public
service’ cited in Article 73. As for the need for ‘coordina-
the Italian authorities point out
tion of

transport’,

that

(21)

Initially, the Italian authorities had emphasised that the
measure in question would apply to both Italian heavy
goods vehicles and to those of other Member States in
the same categories travelling on the designated section

(9) OJ C 37, 3.2.2001, p. 3.
(10) Regional law No 43 of 7 April 2000, provisions for environmental
protection in terms of atmospheric pollution. Initial implementa-
tion of the Regional Plan for redevelopment and air quality.

19.3.2004

EN

Official Journal of the European Union

L 81/83

that the area's topography, high value as a tourist desti-
nation and typical character would not at present allow
freight movements to be favoured by increasing rail
traffic or — even less — maritime traffic. The proposed
scheme, on the other hand, would improve traffic
management and restore some dignity and safety to the
areas concerned.

favour. The undertakings benefiting from the aid would,
as a result, be exempted from all or part of the costs
they would normally have had to incur under their
normal management or in the course of their normal
operations using the motorway.

(25)

Italy points out the strictly experimental nature of the
measure for the period 1 June to 30 September 2002,
stressing that, if the Commission does not complete the
examination procedure in due time, the measure will be
applied during the period concerned. The Italian authori-
ties further specify that the action cannot in any way
damage the general objectives pursued.

(26)

The Commission has not received officially any other
comments from interested parties.

4.3. Selectivity of the measure

(30) With regard to the selectivity of the measure, it has been
ascertained that it applies only to the freight transport
in particular the specific category of heavy
by road,
goods vehicles over 7,5 tonnes among all freight vehi-
cles (12), for the use of a rather limited section of the
national road network.

4. ASSESSMENT OF THE MEASURE: EXISTENCE OF AID

(27) Article 87(1) of the EC Treaty states that any aid granted
by a Member State or through State resources in any
form whatsoever which distorts or threatens to distort
competition by favouring certain undertakings or the
production of certain goods shall,
insofar as it affects
trade between Member States, be incompatible with the
common market.

4.1. Transfer of State resources

(28)

In the case in point, it should be noted that the Pied-
mont Region contributes up to 40 % of the toll payment
due from certain road hauliers using the A26 motorway
by reimbursing Autostrade SpA for the reduction it
offers the road hauliers. There is undeniably a transfer of
State resources. As regards the 20 % reduction granted
directly to the
road hauliers by Autostrade SpA,
however, it should be noted that, in consideration of the
eminently private nature of this company, there is no
transfer of State resources (11).

4.2. Existence of financial benefits

(29)

The financial benefit for certain heavy goods vehicles is
clear too from the fact that the regional action enables
in their
Autostrade SpA to apply toll

reductions

(11) Following privatisation in December 1999, the bulk of Autostrade

SpA's capital is now in the hands of private shareholders.

(31)

(32)

4.4. Effect on intra-Community competition and

trade

It has been ascertained that the proposed measure, by
exempting certain undertakings from the costs they
would incur in the course of normal operations, should
be defined as operating aid and as such likely, in prin-
ciple, to distort competition (13) with regard to undertak-
ings, whether Italian or from other Member States,
which do not benefit from the measure concerned.

In fact, taking account of the extent to which the road-
based freight transport sector is open to competition (14),
it can be assumed that the vehicles benefiting from the
compensation are operating in the same market as those
that do not benefit from the reduction in toll payments
and that the measure, by favouring the former, may thus
distort normal competition in the road transport sector.
Nor can it be excluded that competition between
different modes of transport may be affected. In addition,
the aid may have repercussions on Community trade.

(12) See Council Directive 70/156/EEC of 6 February 1970 on the
approximation of the laws of the Member States relating to the
type-approval of motor vehicles and their
trailers (OJ L 42,
23.2.1970, p. 1), as last amended by Directive 2004/3/EC of the
European Parliament and of the Council (OJ L 49, 19.2.2004, p.
36). Motor vehicles intended for freight transport are all the vehi-
cles registered as class N with at least four wheels, or three wheels
and a maximum weight exceeding 1 tonne. In particular, class N1
includes vehicles with a maximum weight of 3,5 tonnes, class N2
those whose maximum weight is between 3,5 and 12 tonnes, and
class N3 vehicles of more than 12 tonnes.

(13) See, in particular, the Judgment of the Court of First Instance of 8
June 1995 in Case T-459/93, Siemens v Commission, ECR II-1678,
paragraphs 48 and 77, and the Judgment of 30 April 1998 in case
T-214/95, Vlaams Gewest v Commission, ECR II-717, paragraph 64
or 46.

(14) See in particular Council Regulation (EEC) No 881/92 of 26 March
1992 (OJ L 95, 9.4.1992, p.1), which guarantees, as of 1 January
1993, the full opening of the international freight transport sector
to competition in favour of any holder of the Community licence
under this Regulation, as well as Council Regulation (EEC) No
3118/93 of 25 October 1993 (OJ L 279, 12.11.1993, p.1), thanks
to which every quantitative restriction on cabotage was gradually
transport market was fully
freight
abolished and the national
opened to competition as of 1 July 1998.

L 81/84

EN

Official Journal of the European Union

19.3.2004

5. COMPATIBILITY OF THE AID

(33) Although it may qualify as aid under Article 87(1) of the
Treaty, the measure in question must also be examined
in the light of the derogations or exceptions laid down
in paragraphs 2 and 3 of Article 87. We should also
examine its compatibility with Article 73 of the Treaty
and with the Community guidelines on State aid for
environmental protection (15).

5.1. Evaluation of the measure in the light of the

exceptions provided for in Article 87

(34) As regards compatibility with Article 87(2), the Italian
measure cannot be deemed to be covered by these
exceptions because it is not aid having a social character,
granted to individual consumers, nor is it aid to make
good the damage caused by natural disasters or excep-
tional occurrences, nor aid granted in order to compen-
sate for the economic disadvantages caused by the divi-
sion of Germany.

(35) As for the possibility of derogation laid down in sub-
paragraphs (a) and (b) of Article 87(3),
it should be
noted that the aid in question cannot be considered aid
to promote the economic development of areas where
the standard of living is abnormally low or where there
is serious underemployment, nor can it be considered
aid to promote the execution of an important project of
common European interest or to remedy a serious
disturbance in the economy of a Member State. In addi-
tion, considering the nature of the exceptions provided
in subparagraphs (d) and (e) of Article 87(3), the latter
are not applicable in the case in point.

(36) As regards the exception indicated in subparagraph (c)
of Article 87(3), the Commission takes the view that
none of the Community guidelines which implement
this exception can be invoked in the case in point. In
particular, as regards the application of the exception in
the environmental context,
it should be noted that,
regardless of the arguments put forward by the Italian
authorities, the measure in question does not fulfil the
conditions laid down by the Community rules on envir-
onmental aid, in particular in order to benefit from the
exceptions laid down in paragraph E 3.2 of the Com-
munity guidelines on State aid for environmental protec-
tion.

(38)

(39)

(40)

(41)

(37)

In fact, in the first place, the measure does not make
reference to a tax as mentioned in paragraph E 3.2 of
the guidelines but instead to a toll payment, i.e. payment
of a specific sum for the use of infrastructure based on
the distance travelled and the category of motor
vehicle (16).
the measure in question
cannot even be presented as a new tax introduced for

follows that

It

environmental reasons in line with paragraph 51.1 of
the guidelines. Nor is the measure in line with the dero-
gations indicated in paragraph 51.2 since it cannot be
considered an ‘existing tax’ with an appreciable positive
impact
in terms of environmental protection, which
might be justified for some undertakings if a significant
change in economic conditions had placed them in a
particularly difficult competitive situation.

Consequently,
87(3)(c),
cannot be applied in the case in point.

the derogation laid down by Article
in the environmental context,

in particular

5.2. Compatibility of the measure with Article 73 of

the Treaty

It should be noted, firstly, that Italy has removed the
preferential
the Telepass
treatment given to users of
system, chiefly used by Italian road hauliers and to a
lesser extent by those from other Member States. To
achieve this, the Italian authorities have made provision
for the scope of the measure to be extended to other
means of payment (including cash) generally accessible
to road hauliers from other countries. This overcomes
the main doubt regarding the measure's potential discri-
minatory effects between operators
from different
Member States. The Commission therefore considers that
this amendment is a decisive element in the examination
of the measure.

The measure should be examined in terms of its compat-
ibility with Article 73 of
the Treaty and also with
Council Regulation (EEC) No 1107/70 of 4 June 1970
on the granting of aids for transport by rail, road and
inland waterway (17), in particular Article 3(1)(b) thereof.

In accordance with Article 73, aids shall be compatible
with the Treaty if they meet the needs of coordination of
transport or if they represent reimbursement
for the
discharge of certain obligations inherent in the concept
of public service. Article 3(1)(b) of the above Regulation
provides that Member States may adopt transport coor-
dination measures ‘until the entry into force of common
rules on the allocation of infrastructure costs, where aid
is granted to undertakings which have to bear expendi-
ture relating to the infrastructure used by them, while
other undertakings are not subject to a like burden. In
determining the amount of aid thus granted account
shall be
costs which
competing modes of transport do not have to bear’.

infrastructure

taken of

the

(15) OJ C 37, 3.2.2001, p. 3.
(16) See, in particular, Article 2(b) of Directive 1999/62/EC of the Euro-
pean Parliament and of the Council of 17 June 1999 on the char-
ging of heavy goods vehicles for the use of certain infrastructures
(OJ L 187, 20.7.1999, p.42).

(42)

the concept of

In general,
transport coordination is
considered to be equivalent to government intervention
in the market for reasons of transport policy.

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

19.3.2004

EN

Official Journal of the European Union

L 81/85

(43)

(44)

(45)

(46)

(47)

intention,

In the case in point, it should be noted firstly that the
regional government's
in diverting heavy
goods traffic from roads near the lake shores to other
roads,
is to improve traffic management in the Lake
Maggiore area. Traffic movement in the vicinity of the
lake is made difficult by the topography of the area,
aggravated in the summer season by an appreciable
increase in the volume of traffic. The measure therefore
fulfils a need for transport coordination inasmuch as it
permits the local authorities to reduce the number of
motor vehicles travelling on the roads near the lake and
to improve road traffic management during the period
concerned.

It should also be noted that there are no Community
rules on the allocation of infrastructure costs in force at
present. It should be noted, furthermore, that the motor
vehicles affected by the measure (those over 7,5 tonnes)
will have to incur expenditure corresponding to the
infrastructure used, while other undertakings are not
subject to it (since they can use the lake shore road). The
amount of compensation is therefore deemed propor-
tional.

Considering that the measure involves coordination of
transport, which will be applied in the absence of Com-
munity rules on the allocation of infrastructure costs,
and that the undertakings concerned are obliged to bear
the costs for the infrastructure they use whereas other
the conditions referred to in
undertakings are not,
Article 3(1)(b) of Regulation (EEC) 1107/70 are deemed
to have been met, and Italy is therefore authorised to
adopt a measure which will be applied for a very limited
period, concerns specific infrastructure and involves a
strictly local problem.

It should be noted, in addition, that the measure must be
re-examined in the event that Community rules on the
allocation of infrastructure costs are introduced, and that
any other similar measure must in any case be evaluated
in the light of its own particular characteristics.

The Commission considers that the harm to intra-Com-
munity trade is practically non-existent, considering the
extremely limited nature of the aid. Considering also the
brief period in which it will be applied, the measure has
a very limited impact on competition and does not, in
any case, entail distortions to competition counter to the
general interest.

(48) As regards the compatibility of the aid with European
transport policy, the Commission notes that the measure
in question, by improving public safety of local roads in
the area, complies with the objectives of the common
transport policy (18).

6. CONCLUSIONS

(49)

The Commission concludes that the measure in question
is State aid pursuant to Article 87(1) of the Treaty.

(50) Nevertheless, in accordance with Article 73 of the Treaty
and with Article 3(1)(b) of Regulation (EEC) No 1107/
70, the Commission considers the aid to be compatible
with the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

The State aid up to a maximum of EUR 155 000 which Italy
plans to implement in order to divert heavy goods vehicles
over 7,5 tonnes from trunk road SS 33 from Lake Maggiore to
the A26 motorway in the period 1 June to 30 September 2003
is compatible with the common market pursuant to Regulation
(EEC) No 1107/70 in application of Article 73 of the Treaty.

Implementation
of
EUR 155 000, is accordingly authorised.

aid,

the

up

to

a maximum of

Article 2

This Decision is addressed to the Republic of Italy.

Done at Brussels, 9 July 2003.

For the Commission

Loyola DE PALACIO

Vice-President

(18) See, in particular, the White Paper of 2002,

‘European transport
policy for 2010: time to decide’, which recommends stepping up
road safety, p. 16.