No L 76/48 . Official Journal of the European Communities 18. 3. 89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION® of 30 November 1988 - on.regional aid for mandarin growers in Sicily (Only the Italian text is authentic) (89/204/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph 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 2238/88 (3, and in particular Article 31 thereof, After giving notice to the parties concerned, pursuant to - Article 93 (2), to submit their comments (}), Whereas : I 1. . In accordance with Article 93 (3) of the Treaty, by letter of 23 June 1987, recorded as received on 29 June 1987, the Italian Permanent Representation to the European Communities notified the Commission of draft- Law No 86/A introducing aid in respect of citrus production and damage .caused. to citrus plantations by bad weather between December 1986 and March 1987 By letter of 30 July 1987, the Italian Permanent Representation notified the Commission that the Sicilian Regional Assembly had adopted the draft law as Law No 24 of 27 May 1987. In bringing the Law into force, the () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 198, 26. 7. 1988, p. 1. () Letters from the Commission to the Governments of the Member States of 3 November 1987 and communication to other interested parties (O] No C 290, 30. 10. 1987, p. 3). Italian authorities infringed ‘Article 93 (3) of the Treaty. In cases where aid schemes have been -approved, such aid is to be regarded as unlawful. 2. Article 9 of .the Law provides that the Regional Councillor for Agriculture and Forests is- authorized to grant aid for mandarin growers through producers’ organizations recognized under Italian law; the aid is equal to the aid approved at Community level for industrial processing of oranges of the ‘Biondo commune’ variety for the current marketing year (*); the aid was ECU 6,51/100 kg for 1986/87 and ECU 6,39/100 kg for 1987/88. For the 1987 financial year, the Law makes provision for a total amount of Lit 5000 million (about ECU 34 million); about 50000 tonnes of mandarins could therefore be eligible for regional aid. The aid is granted to producers through recognized. producers’ organizations which have signed processing contracts. Processors must undertake to pay a minimum price to the growers ; this minimum price corresponds to the average of prices fixed for the current year for products corresponding to Class II .of the Community quality standard. I 1. By letter of 28 August 1987 (No SG(87) D/10832), addressed ‘to the Italian Government, the Commission stated that it had decided to initiate, in respect-of the aid,- the procedure provided- for in Article 93 (2). (9 Regulation (EEC) No 2601/68 of 18 December 1969 (O] No L 324, 27. 12. 1969, p. 21).