CELEX: 31976D0780
Language: en
Date: 1976-09-08 00:00:00
Title: Commission Decision of 8 September 1976 concerning assistance granted by the Italian Government through the Istituto Nazionale per il Commercio Estero for advertising campaigns to expand the sale of exports by certain Italian industries

2. 10 . 76                       Official Journal of the European Communities                              No L 270/39
                                            COMMISSION DECISION
                                                of 8 September 1976
              concerning assistance granted by the Italian Government through the Istituto
              Nazionale per il Commercio Estero for advertising campaigns to expand the
                                 sale of exports by certain Italian industries
                                         (Only the Italian text is authentic)
                                                    (76/780/EEC)
THE COMMISSION OF THE EUROPEAN                                Whereas, furthermore, the industries of the other
COMMUNITIES,                                                  Member States selling their products on the same
                                                              markets do not have the same facilities for financing
                                                              their advertising budgets ; whereas the advertising
Having regard to the Treaty establishing the European         campaign financed by the Italian Government affects
Economic Community, and in particular the first               mainly industries currently experiencing serious diffi­
subparagraph of Article 93 (2) thereof,                       culties in the majority of the Member States ;
After giving interested parties notice, pursuant to the       Whereas the Italian assistance is likely, therefore, to
above Article, to submit their comments ; having              directly affect trade between Member States and
regard to the comments submitted by Member States             threatens to distort competition within the meaning
and other interested parties,                                 of Article 92 ( 1 ) of the EEC Treaty ;
                                                                                           III
                           I
                                                              Whereas, in view of its purpose, the assistance clearly
Whereas, following complaints or requests for informa­        cannot be exempted on any of the grounds listed in
tion by certain Member States and verious trade associ­       Article 92 (2) and (3) (a) and (b) of the EEC Treaty ;
ations, the Commission was informed that the Italian
Government was helping, through the Istituto Nazio­
nale per il Commercio Estero (ICE), to finance joint          Whereas the assistance is intended to promote the
advertising campaigns launched by various Italian             export of the products of certain Italian industries to
industries on the markets of the other Member States ;        the other Member States ; whereas the grant of such
                                                              assistance for exports in trade between Member States
                                                              is irreconcilable with the general principles of the
Whereas, when questioned as to the truth of the allega­       Common Market, particularly the free movement of
tions, the Italian Government confirmed that such             goods ;
assistance was being granted mainly to the Italian toy,
textile, clothing and footwear industries ;                   Whereas the assistance cannot be exempted therefore
                                                              on the grounds listed in Article 92 (3) (c) of the EEC
Whereas this assistance, of which the Commission              Treaty, since it is likely to affect trading conditions to
                                                              an extent contrary to the common interest,
was not notified in advance as required by Article 93
(3) of the EEC Treaty, involves the Government
paying, through ICE, all or part of the expenditure
incurred by the industries concerned in connection
with joint advertising campaigns launched on the              HAS ADOPTED THIS DECISION :
markets of various Member States to promote the sale
of their products ;
                                                                                       Article 1
                                                              The Italian Government shall, without delay, adopt
Whereas the     Italian Government thus bears costs           the necessary measures to ensure that the Istituto Nazi­
which should normally be met by the Italian firms             onale per il Commercio Estero (ICE) discontinues its
concerned ; whereas this could give the latter a consid­      financial assistance for advertising compaigns
erable advantage, estimated, by the Italian authorities       designed to promote the sale of the exports of certain
themselves at 1 % of the annual turnover of certain           Italian industries on the markets of the other Member
Italian industries on the markets concerned ;                 States .
 ---pagebreak--- No L 270/40                   Official Journal of the European Communities              2. 10. 76
                                                   Article 2
           This Decision is addressed to the Italian Republic.
           Done at Brussels, 8 September 1976.
                                                                 For the Commission
                                                                    G. THOMSON
                                                               Member of the Commission