No L 313/24 Official Journal of the European Communities 4. 11. 87 COMMISSION COMMISSION DECISION of 8 April 1987 on an Italian Government aid scheme to support Italian sugar traders (Only the Italian text is authentic) (87/533/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 regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regula- tion (EEC) No 606/82 (%), and in particular Article 44 thereof, Having given notice to the parties concerned, in accor- dance with the first subparagraph of Article 93 (2) of the Treaty, to submit their comments (%), Whereas : On 14 November 1984, at a meeting of the Management Committee for Sugar, the Commission learned of an aid scheme provided for by the delibera (decision) of the CIPE (Comitato Interministeriale di Programmazione Economica) of 11 October 1984 (%), by the provvedimenti of the CIP (Comitato Interministeriale Prezzi) No 39/1984 of 24 October 1984 () and No 41/1984 of 16 November 1984 (¢). This scheme provides for aid to be granted to Italian sugar traders at a rate of Lit 37,12 per kilogram of white () OJ No L 177, 1. 7. 1981, p. 4. ) OF No L 74, 18. 3. 1982, p. 1. () OJ No C 269, 25. 10. 1986, p. 2. (9 Gazzetta Ufficiale delle Repubblica Italiana No 313, 14. 11. 1984. () Gazzetta Ufficiale delle Repubblica Italiana No 298, 29. 10. 1984, (%) Gazzetta Ufficiale delle Repubblica Italiana No 319, 20. 11. 1984. sugar in storage on 29 October 1984, free of corporation tax and in respect of which the sovraprezzo (surcharge) has been paid. The purpose of the scheme is to maintain the level of income of those traders affected by the CIPE decision to reduce maximum sugar prices with effect from 30 October 1984. II 1. In a letter to the Italian Government dated 23 November 1984, the Commission expressed reservations regarding this scheme and related its view to its conclu- sions with regard to the principle of fixing sugar prices in Italy as contravening the Community pricing arrange- ments. By letter of 7 May 1986, the Commission informed the Italian Government that it had decided to inmitiate the procedure provided for in Article 93 (2) of the Treaty in respect of the abovementioned aid scheme. The Commission took the view that this scheme : — constitutes an operating aid having no lasting effect on the improvement of the structures concerned, — fulfils the conditions laid down in Article 92 (1) of the Treaty, without qualifying for the exceptions provided for in Article 92 (2) and (3), — furthermore constitutes, by its nature and its method of financing, an infringement of the common organi- zation of the markets in the sugar sector and is there- fore incompatible with the common market within the meaning of the abovementioned Article 92. Under this procedure, the Commission gave notice to the Italian Government to submit its comments. The Commission also gave notice to the other Member States and to other parties concerned to submit their -comments.