29. 10. 91 Official Journal of the European Communities No L 298/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 June 1991 concerning aid granted by the Autonomous Region of Sardinia to Ferriere Acciaierie Sarde (Only the Italian text is authentic) (91/547/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4 (c) thereof, Having regard to Commission Decision No 3484/85/ECSC of 27 November 1985 establishing Community rules for aid to the steel industry (1), Having regard to Commission Decision No 322/89/ECSC of 1 February 1989 establishing Community rules for aid to the steel industry (2), Having given the interested parties notice to submit their observations and having regard to those observations, Whereas: I In 1987 the authorities of the Autonomous Region of Sardinia granted Ferriere Acciaierie Sarde (FAS) aid (1) OJ No L 340, 18. 12. 1985, p. 1 (3) O] No L 38, 10. 2. 1989, p. 8. totalling Lit 1,796 billion (about ECU 1,17 million) under regional Law No 41/87 of 14 September 1987 aimed at protecting the island’s environment by granting aid for the selective disposal, recycling and reutilization of waste. The Italian authorities informed the Commission of the grant by letter dated 26 January 1989 and also notified the aid scheme set up by Law No 41/87, which the Commlsmon approved on 28 November 1990. Having obtained details of Law No 41/87 by letter of § July 1989, the Commission informed the Italian authorities that the provisions of Article 4 (c) of the ECSC Treaty and " Decision No 3484/85/ECSC did not allow ECSC steel undertakings to benefit from the aid establishing by the regional Law in question. By letters dated 14 December 1989 and 26 February 1990 the Commission reminded the Italian authorities that the aid arrangements established by Law No 41/87 were incompatible with the ECSC Treaty-based rules on aid and called for the repayment of the aid granted to FAS. In the meantime, an alternative solution had been devised: a company would be set up in order to collect and resell scrap, an activity not covered by the ECSC Treaty and therefore coming under the EEC Treaty, making it eligible for aid under Law No 41/87. The Commission accepted this solution on condition it did not lead to indirect aid being granted to an ECSC undertaking in the form of scrap sales at lower prices than those charged on the market in mainland Italy.