No L 117/28 Official Journal of the European Communities 13. 5. 93 COMMISSION DECISION of 10 February 1993 concerning aid which Italy has decided to grant through AIMA for the private storage of hazelnuts ’ (Only the Italian text is authentic) (93/255/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (), as last amended by Regulation (EEC) No 1754/92(), and in particular Article 31 thereof, After giving notice to the parties concerned to submit comments (%), in accordance with Article 93 of the Treaty, and after taking due account of same, Whereas : I 1. By letter dated 10 April 1991, recorded as received on 29 April 1991, the Italian Permanent Representation to the Buropean Communities notified the Commission, pursuant to Article 93 (3) of the Treaty, of a national programme established by the Ajienda di Stato per gli interventi nel Mercato Agricolo (AIMA) to aid the private storage of hazelnuts. 2. The measure involves the grant of Lit 16 000 per quintal and per month for the storage of a total quantity of 200 000 quintals of hazelnuts. The Italian Government justified the measure on the grounds of the difficulties affecting the market in hazel- nuts. II 1. By letter No SG(91) D/12522 of 3 July 1991 the Commission informed the Italian Government that it had decided to initiate the procedure provided for in Article 93 (2) of the Treaty in respect of this aid. 2. In that letter the Commission informed the Italian authorities that it considered the aid to be an operating aid incompatible with the Commission’s standing philo- sophy regarding the application of Articles 92, 93 and 94 of the Treaty ; such a measure has the direct effect of arti- () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 180, 1. 7. 1992, p. 23. () OJ No C 246, 21. 9. 1991, p. 7. / ficially reducing cost prices and improving the conditions under which the producers concerned produce and dispose of their products as compared with other produ- cers in other Member States who do not qualify for comparable aid. It is aojcordingly liable to distort competition and affect trade between Member States and meets the criteria laid down in Article 92 (1) of the Treaty without qualifying under the exceptions provided for in Article 92 (2) and (3). Moreover, the measure constitutes an infringement of Regulation (EEC) No 1035/72 and Council Regulations (EEC) No 789/89 () and (EEC) No 790/89 (%), as last amended by Regulation (EEC) No 832/92 (¥). This Regulation must be considered a comprehensive and - exhaustive system which bars the Member State from taking supplementary measures. 3. The Commission gave the Italian Government notice, under this procedure, to submit its comments. The Commission also requested the other Member States and interested parties to submit their comments. 111 By telex dated 1 August 1991, the Italian Government replied to the Commission’s letter of 3 July 1991; it made the following comments : . 1. the measure, according to the Italian authorities, has a developmental effect on the sector concerned which has been in economic difficulties for several years now. The measure aims in particular to encourage activities to improve the quality of services before and after sale with a view to facilitating the adjustment of the products in question to the needs of the market of destination and, consequently, to make such services" more competitive in relation to the production of third countries ; 2. the measure is not an operating aid according to the Italian authorities ; rather, it is likely to encourage the development of a sector in need of upgrading — a " need which was also acknowledged by the Commu- nity. () OJ No L 85, 30. 3. 1989, p. 3. ) O] No L 85, 30. 3. 1989, p. 6. () O] No L 88, 3. 4. 1992, p. 15.