State aid SA.37919 (2013/N) – Italy - European Commission

EUROPEAN COMMISSION
Brussels, 25.02.2014
C(2014) 1268 final
PUBLIC VERSION
This document is made available for
information purposes only.
Subject:
State aid SA.37919 (2013/N) – Italy
"Procedure per la concessione ed erogazione di aiuti per ricerca, sviluppo ed
innovazione nell'ambito dei Progetti di Innovazione Industriale" (N302/2007) Prolongation
Dear Madam,
1.
PROCEDURE
(1)
On 10 December 2013 1 , the Italian authorities notified, in accordance with Article
108(3) of the Treaty on the Functioning of the European Union (hereinafter "TFEU"),
the prolongation, until 31 December 2014, of the existing State aid measure assessed
in State aid case N302/2007 ("Procedure per la concessione ed erogazione di aiuti per
ricerca, sviluppo ed innovazione nell'ambito dei Progetti di Innovazione Industriale")
which had been authorised by Commission decision of 12 December 2007 2 . When
notifying the prolongation, the Italian authorities used the simplified notification
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2
On 10 December 2013, the amendment was submitted as pre-notification on simplified procedure. On 18
December, Italian authorities informed the Commission that the case was to be amended from pre-notified
simplified procedure to accelerated procedure.
OJ C 15, 22.1.2008, pp. 5-6.
S.E. Federica MOGHERINI
Ministro degli Affari esteri
P.le della Farnesina 1
I - 00194 Roma
Commission européenne, B-1049 Bruxelles – Belgique
Europese Commissie, B-1049 Brussel – België
Telefono: 00-32-(0)2-299.11.11.
procedure laid down in Article 4 of Regulation (EC) No 794/2004 3 (hereinafter "the
Implementing Regulation").
(2)
On 17 January 2014, the Commission requested additional information, which the
Italian authorities submitted on 30 January 2014.
2.
SUMMARY OF THE EXISTING AID SCHEME N°302/2007
(3)
The aim of the existing scheme, which was assessed under the Community Framework
for state aid for research and development and innovation 4 (hereinafter "the RDI
Framework"), is to support RDI in Italy. It provides aid for the following activities:
basic research, industrial research, experimental development, technical feasibility
studies, costs of industrial property rights for SMEs, young innovative enterprises,
process and organisational innovation in services, innovation support services, loan of
highly qualified personnel and innovation clusters.
(4)
The existing scheme provides aid in the form of direct grant, soft loan (interest rate
subsidy) or repayable advance.
(5)
The total budget of the scheme is EUR 6000 million.
(6)
The legal basis of the scheme is the decree of the Ministry of Economic Development
N. 87/2008 "Decreto del Ministro dello Sviluppo economico concernente le modalità e
le procedure per la concessione ed erogazione di aiuti per ricerca, sviluppo e
innovazione nell'ambito dei Progetti di Innovazione Industriale".
(7)
The granting authority is the Ministero dello Sviluppo Economico.
(8)
The existing scheme expired on 31 December 2013.
3.
AMENDMENT TO THE EXISTING SCHEME
(9)
The Italian authorities notified the prolongation of the existing scheme extending the
duration until 31 December 2014. No increase in the budget is foreseen. All other
elements of the existing scheme remain unchanged.
(10)
The proposed duration of the scheme N302/2007 goes beyond the expiry date of the
RDI Framework on 30 June 2014 5 . In their letter of 30 January 2014, the Italian
authorities have, however, committed themselves to undertaking any necessary
appropriate measures to bring the scheme in line with the new rules, if required.
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4
5
Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No
659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 140,
30.04.2004, p. 1.
OJ C 323, 30.12.2006, p. 1–26.
See Communication from the Commission concerning the prolongation of the Community framework for
State aid for research and development and innovation, OJ C 360, 10.12.2013, p. 1.
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4.
ASSESSMENT
(11)
The described prolongation of the existing scheme was notified by the Italian
authorities in compliance with Article 108(3) TFEU.
(12)
The Commission notes however that, since it had not obtained all the annual reports of
the aid provided on the basis of the existing scheme, but had to request some of these
from the Italian authorities, the simplified notification procedure set out in Article 4 of
the Implementing Regulation does not apply.
(13)
The Commission finds that the extension of the duration of the scheme does not affect
its earlier assessment and its compatibility with the Framework as established by the
Commission's decision of 12 December 2007.
(14)
Furthermore, all other elements and conditions of the existing scheme, assessed by the
Commission in its above mentioned decision, will remain binding for the amended
measure, which will thus continue to operate in line with the Framework.
(15)
In light of the above, the Commission maintains the reasoning set out in its above
mentioned decision.
(16)
The Commission takes note that the Italian authorities have committed themselves to
undertaking any necessary appropriate measures to bring the scheme in line with the
new rules, if required, after the expiry date of the RDI Framework on 30 June 2014.
(17)
On this basis, the Commission considers that the proposed prolongation until 31
December 2014 of the existing scheme is compatible with the internal market pursuant
to Article 107(3)(c) TFEU.
5.
CONCLUSION
(18)
In the light of the above assessment, the Commission concludes that the notified
measure SA.37919 (2013/N) Prolongation of Research & Development & Innovation
Scheme "Procedure per la concessione ed erogazione di aiuti per ricerca, sviluppo ed
innovazione nell'ambito dei Progetti di Innovazione Industriale" (N302/2007), which
is an alteration of the existing scheme, is compatible with the internal market, pursuant
to Article 107(3)(c) TFEU. It accordingly decides not to raise objections to the
measure.
(19)
The Commission reminds the Italy authorities that, in accordance with Article 108(3)
TFEU, all plans to refinance or change the aid measure in question have to be notified
to the Commission.
(20)
Prior to implementing the measure, the Italian authorities shall publish the full text of
the final aid measure on the internet.
(21)
The Commission further reminds the Italian authorities to submit annual reports on the
implementation of the notified measure, as amended.
If this letter contains confidential information, which should not be disclosed to third parties,
please inform the Commission within fifteen working days of the date of receipt. If the
Commission does not receive a reasoned request by that deadline, you will be deemed to
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agree to the disclosure to third parties and to the publication of the full text of the letter in the
authentic language on the Internet site: http://ec.europa.eu/competition/elojade/isef/index.cfm.
Your request should be sent by registered letter or fax to:
European Commission
Directorate-General for Competition
State Aid Greffe
B – 1049 Brussels
Fax No.: +32 2 29 61242
Yours faithfully,
For the Commission
Joaquín ALMUNIA
Vice-President
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