Commission decision

of 20 June 2001

on aid towards an investment by RIVIT SpA (non-ECSC steel) - Italy

(2001/C 234/05)

(Text with EEA relevance)

(Only the Italian version is authentic)

1. On 17 March 1999, the Italian authorities notified the Commission of their intention to grant investment aid to the undertaking RIVIT SpA. The notified aid consisted of a direct grant of ITL 186,6 million (EUR 96371) towards an investment of ITL 2,99 billion (EUR 1,54 million). The notification was made under the Community framework for certain steel sectors not covered by the ECSC Treaty(1), which requires aid towards the production of large steel tubes to be notified irrespective of the amount of aid involved.

2. By letter dated 13 March 2000, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. This decision was published in the Official Journal of the European Communities for comments from interested parties(2). The Commission received comments from one interested party, who requested anonymity.

3. On 2 February 2001 there entered into force Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid ("the Regulation")(3); Article 2 of the Regulation provides that aid which does not exceed EUR 100000 over any period of three years is not caught by Article 87(1) of the Treaty, and consequently need not be notified under Article 88(3).

4. Steel tubes producers are not excluded from the scope of the Regulation. There has accordingly been a change to the Community framework for certain steel sectors not covered by the ECSC Treaty, in that aid within the de minimis rule is no longer considered State aid and no longer requires notification.

5. On 7 June 2001, the Italian authorities informed the Commission that Italy had decided to withdraw the notification. They said they intended to grant the aid under the new de minimis rule laid down by the Regulation.

6. The aid that Italy had earlier notified amounted to ITL 186,6 million (EUR 96371), which is within the de minimis ceiling. The Commission has therefore decided to close the proceedings it had initiated under Article 88(2) of the EC Treaty, on the grounds that the Italian authorities have withdrawn the notification and that the aid they intend to grant is within the de minimis ceiling. Italy is reminded of its obligation to ensure compliance with Article 2(2) of the Regulation, which states that the total aid granted to a firm under the de minimis rule must not exceed EUR 100000 over any period of three years.

(1) OJ C 320, 13.12.1988, p. 3.

(2) OJ C 142, 20.5.2000, p. 20.

(3) OJ L 10, 13.1.2001, p. 30.