L 81/80 Official Journal of the European Union 19.3.2004 COMMISSION DECISION of 9 July 2003 on the State aid C 11/2002 (ex N 382/2001) which Italy is planning to implement in favour of certain heavy goods vehicles designed for the carriage of goods by road in order to divert heavy goods traffic from trunk road 33 (SS 33) from Lake Maggiore to the A26 motorway (notified under document number C(2003) 2154) (Only the Italian text is authentic) (Text with EEA relevance) (2004/261[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular to the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on Italy and the interested parties to submit their comments pursuant to the provisions cited above (!), and having regard to their comments, Whereas: 1. PROCEDURE By letter dated 12 June 2001, Italy notified the revised versions of draft regional laws Nos 14 and 87 on the ‘diversion of heavy goods traffic from trunk road 33 (SS 33) in the Lake Maggiore area to the A26 motorway’. It furnished the Commission with supplementary infor- mation by letters dated 4 September 2001 and 21 January 2002. In particular, in their letter dated 14 January 2002 (DG TRENJ/A[51067), the Italian authori- ties sent the Commission a draft Memorandum of Understanding between the Ministry of Infrastructure and Transport, the Piedmont Region, the road hauliers' associations and the motorway concessionary Autostrade SpA. By letter dated 27 February 2002, the Commission informed Italy of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of this aid. The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (). The Commission called on Italy and the inter- ested parties to submit their comments. () O] C 87, 11.4.2002, p. 2. () See footnote 1. (4) Italy forwarded its comments to the Commission by letters dated 17 May 2002 (DG TREN/A/59000) and 17 January 2003 (SG(2003)A/1199). The Commission has received no comments from interested parties. 2. DETAILED DESCRIPTION OF THE AID 2.1. Brief description of the initial measures For the purpose of maintaining the safety of the citizens concerned, protecting the environment and developing tourism in the area of Lake Maggiore, the Piedmont Region proposes to implement a seasonal traffic diver- sion system for all heavy goods vehicles over 7,5 tonnes from trunk road 33 in the area of Lake Maggiore to the A26 motorway. To that end, the Piedmont Region proposes to pay up to 40 % of the tolls incurred by such vehicles for the use of the motorway. In accordance with national legislation on the temporary diversion of heavy goods traffic, the Italian authorities justify the measure with reference, inter alia, to the fact that in the case in point, the toll motorway is the only possible alternative to the main road. 2.2. Detailed description of the current measures In accordance with the final versions of draft regional laws Nos 14/2000 and 87/2000, the Piedmont Region plans, on a temporary basis between 1 July and 30 September 2003, to divert certain categories of heavy goods traffic in the Lake Maggiore shore area from the trunk road to the A26 toll motorway; this concerns the sections between Gravellona Toce and Castelletto Ticino and Gravellona Toce and Borgomanero in both direc- tions. This measure is designed to maintain the safety of citizens living near the shores of Lake Maggiore, an area endangered during the summer months, when the local roads are affected by a significant increase in traffic due to tourism. This measure is designed to protect the environment (with particular reference to reducing pollution) and to develop tourism in the area, while reducing journey times for road-based freight transport.