No L 94/38 Official Journal of the European Communities 7. 4. 89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION .. of 30 November 1988 on Decree-Law No 370/87 of 7 September 1987 of the Italian Government subsequently converted into Law No 460 of 4 November 1987 on production and marketing, including new standards for the production and marketing of wine sector products (Only the Italian text is authentic) (89/228/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 2964/88 (3, and in particular Article 76 thereof, After giving notice to the parties concerned, in accordance with Article 93 (2) of the EEC Treaty, to- submit - their comments (3, Whereas : I 1. By letter of 14 September 1987, recorded as received: on 14 October 1987, the Permanent Representation of- Italy to the European Communities  notified the. - Commission of Decree-Law No 370 of 7 September 1987 concerning the production and marketing of wine sector products. - 2. The scheme involved -an aid for producers of rectified concentrated grape must, provided for in Article 1 (1) of the Decree-Law, and the fixing of a maximum. price for rectified concentrated must for users of must on () OJ No L 84, 27. 3. 1987, p. 1. 2) OJ No L- 269, 29. 9. 1988, p. 5. %) Letters of 7 March 1988 from the Commission to the Govern- ments of the other Member States and communication to the other parties concerned (O No C 69, 15 March 1988, p. 4). which the aid had been paid, provided for in Article 1 (2) of the Decree-Law. 11 1. By letter No SG(87)D/15201 of 11 December 1987 the Commission.informed the Ttalian Government that it had decided to initiate the procedure provided for in Article 93 (2) of the Treaty in. respect of this aid scheme. 2. In the same letter the: Commission informed the Italian authorities that. it considered the aid to be an operating aid incompatible within the common market and therefore ineligible for an.exception pursuant to Article 92 of the Treaty. It also considered that: — the aid for producers of rectified concentrated must provided for in Article 1 (1) of the Decree-Law, and — the fixing of a maximum selling price for rectified concentrated must for users of must on which the aid had been paid, provided for in Article 1.(2) of the Decree-Law constituted schemes infringing Council Regulation (EEC) Nao 822/87.The Commission argued that these rules must be seen as forming a complete and comprehensive system leaving Member States no power to take any comple- mentary measures. This means that the proposed schemes do not therefore qualify for any of the exceptions provided for in Article 92 (3) of the Treaty. The aid is therefore incompatible with the common market within the meaning of Article 92 of the Treaty.