91997E3827

WRITTEN QUESTION E-3827/97 by Marco Cellai (NI) to the Commission (28 November 1997)

Subject: Exemption for the funding of a confectionery cooperative

The Cooperativa Dolciaria Toscana,a limited-liability confectionery cooperative in Tuscany, which was set up in Empoli (Fi) on 26 July 1995 and employs 43 people, submitted on 28 February 1996 a request for the Compagnia Finanziaria Industriale to contribute to its registered capital pursuant to Law No 49 of 1985 (the Marcora Law), which request was approved by the Conferenza dei Servizi (services council) on 29 July 1996 in respect of a payment of Lire 1.069 billion.

The authorization in question has been suspended- thus freezing the entire sum -pending receipt of the necessary European Union exemption. However, as it obtained in March 1997 an instalment of Lire 189.986 million, i.e the 'de minimis' payment, the Ministry of Industry has repeatedly requested the European Union for the exemption available for cooperatives that have obtained the 'de minimis'.

The funds provided under the Marcora Law have been granted to only some of those who have applied for them, while other applicants -including the Cooperativa Dolciaria Toscana- are still waiting for payment.

Could the Commision state the criteria on the basis of which priority is awarded for the allocation of funds, and above all why the European Union has not yet authorized the exemption required to render the authorization operative and release the sum in question; have the conditions been met and does the will exist to release the funds; and, finally, whether the relevant Italian authorities have taken the necessary procedural steps to request the exemption?

Answer given by Mr Van Miert on behalf of the Commission (15 January 1998)

The Commission decided to initiate the procedure provided for in Article 93(2) of the EC Treaty in respect of certain provisions of Law No 49/85 (Marcora Law), for which the Italian authorities had submitted the refinancing arrangements.

The decision was notified to the Italian authorities by letter dated 11 June 1997, to which they replied on 31 July.

As stipulated in the rules governing initiation of the procedure, the decision must be published in the Official Journal in the eleven Community languages. That having been done ((OJ C 309, 9.10.1997. )), Member States and interested third parties have one month in which to present their observations.

The Commission can subsequently terminate the procedure by taking a decision on the compatibility or otherwise of the notified scheme with the state aid rules.

In the meantime the Italian authorities, as they have done, may apply the scheme subject to the de minimis threshold.