No L 334/22 Official Journal of the European Communities 6. 12. 88 ; (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 June 1988 on the draft Sicilian Regional Law on the setting-up of a regional fund to encourage citrus exports (Italy) (Only the Italian version of this text is authentic) (88/605/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 (%), and in particular Article 31 thereof, After giving notice, in accordance with Article 93 (2) of the Treaty, to those concerned to submit their comments (%), Whereas : 1. ‘The Italian Permanent Representation to the European Communities, in 'accordance with Article 93 (3) of the Treaty, informed the Commission by letter dated 25 March 1987, recorded as received on 1 April 1987, of the draft Sicilian Regional Law setting up a regional fund to encourage citrus €xports. ()Y OJ No L 118, 20. 5. 1972, p. 1. (® OJ No L 198, 26. 7. 1988, p. 1. () Letters from the Commission to the Governmems of the other Member States dated 28. 7. 1987 and a comunication to other interessed parties (OJ No C 213, 11. 8. 1987, p. 6). - 2. The measure consists in setting up a revolving fund for granting loans at a low interest rate of 6 % for a period of five years for citrus exports. The direct benefi- ciaries of the aid are undertakings which export citrus fruits. I 1. In a letter dated 9 June 1987 (No SG(87)D/7156) to the Italian Government, the Commission said it had decided to initiate the procedure provided for in Article 93 (2) of the Treaty in respect of the aid. 2. In its letter, the Commission informed the Italian authorities that it saw the aid as an operating aid contrary to its consistent philosophy on the application of Articles 92 to 94 of the Treaty ; the measure has the direct effect of artificially lowering costs and improving production conditions and ~market outlets for the producers - concerned as compared with producers in other Member States not in receipt of comparable aids. The measure is consequently liable to distort competition and affect trade between the Member States ; it meets the criteria of Article 92 (1) while being ineligible for any of the exceptions under Article 92 (2) and (3). The Commission pointed out, moreover, that the ‘Community rules for the organization of the market in fruit and vegetables (Regulation (EEC) No 1035/72) constitute a complete and comprehensive system which precludes the possibility of Member States taking any independent supplementary measures. )