No L 233/10 Official Journal of the European Communities 16. 9. 93 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 June 1993 concerning State aid procedure C 32/92 (ex NN 67/92) — Italy (tax credit for professional road hauliers) (Only the Italian text is authentic) (93/496/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, in accordance with the abovementioned Article, given notice to the parties concerned to submit their comments, Whereas : I By letter dated 15 April 1992, the Commission asked the Italian Government for detailed information concerning the following scheme introducing a tax credit for the road haulage sector : Ministero dei trasporti — Decreto 28 gennaio 1992 Determinazione dei criteri per la concessione di un credito di imposta a favore delle imprese esercenti I'autotrasporto di merci per conto di terzi(!). On the basis of the information available to it, the Commission considered that the scheme was covered by Article 92 (1) of the EEC Treaty. Since no reply was received to the letter of 15 April 1992 a reminder was sent on 6 May 1992. A reply was received by letter of 4 August 1992. This information could not () Gazzetta ufficiale della Repubblica Italiana of 3. 1. 1992, Serie Generale — No 25, p. 13. remove the doubts about the incompatibility of the scheme with the common market. Since the Italian Government did not comply with the prior notification requirement laid down in Article 93 (3), the scheme had been introduced unlawfully. Since the Commission also considered that the scheme cannot be considered compatible with the common market based on Council Regulation (EEC) No 1107/70 of 4 June 1970 on the granting of aid for transport by rail, road and inland waterway (3, as last amended by Regulation (EEC) No 3578/92 (%), and that it does not qualify for any of the exemptions provided for in Article 93 (2) and (3), it has decided to initiate the procedure provided for in Article 93 (2). By letter of 26 October 1992 it gave notice to the Italian Government to submit its comments and to provide the detailed information requested. A reminder was sent on 12 February 1993. The other Member States and inte- rested third parties were given notice to submit comments by publication of the letter to the Italian Government (%). II Despite the Commission’s request to the Italian authori- ties, both in its letter dated 26 October 1992 and its letter dated 12 February 1993, to provide detailed information concerning the scheme, no reaction was received. () OJ No L 130, 15. 6. 1970, p. 1. () OJ No L 364, 12. 12. 1992, p. 11. () OJ No C 316, 3. 12. 1992, p. 7.