L 2924 Official Journal of the European Union 2.2.2008 COMMISSION DECISION of 10 July 2007 concerning an Italian State aid scheme to the Sardinian shipping sector C 23/96 (NN 181/95) and C 71/97 (N 144/97) (notified under document number C(2007) 3257) (Only the Italian text is authentic) (Text with EEA relevance) (2008/92/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, in particular 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, pursuant to those provisions, called on the parties concerned to submit their comments, Whereas: G) 1. PROCEDURE By letter of 24 June 1996 ('), the Commission informed the TItalian authorities of its decision to initiate the procedure provided for in Article 88(2) of the EC Treaty (formerly Article 93(2)) with regard to an unlawful aid scheme established by the region of Sardinia in favour of shipping companies for the construction, acquisition, conversion, modification or repair of ships (hereinafter original aid scheme). After the procedure was opened, the Italian Government sent its observations to the Commission in a letter dated 31 October 1996 (DG7-Transport A[23443). The Sardinian regional authorities sent their observations in letters dated 11 October 1996 (DG7-Transport A[21870) and 22 January 1997. No other Member States or interested third parties sent their observations within the time limit of one month after publication of the decision to open the procedure. It should be noted, however, that some third parties submitted comments outside this deadline. On 21 October 1997, the Commission adopted Decision 98/95/EC, which establishes the incompatibility with the () C 23/96 (NN 181/95), (O] C 368, 6.12.1996, p. 2). common market of the aid scheme in question (3. On 12 November 1997 (SG (97) D/9375), the Italian authorities were informed of this decision. In a letter of 14 November 1997, the Commission informed the Italian authorities of its decision to initiate the procedure set out in Article 88(2), of the EC Treaty (formerly Article 93(2)) with regard to Sardinian Regional Law No 9 of 15 February 1996 which amends the original aid scheme implemented for the benefit of shipping companies (}). The Italian auth- orities submitted their comments on 16 January 1998 (DG7-Transport A/1221) and 23 December 1997 (DG7- Transport A/144). No other Member States or interested third parties sent their observations within the time limit of one month after publication of the decision to initiate the procedure. In its judgment of 19 October 2000 (Joined Cases C-15/98 and C-105/99 Italy and Sardegna Lines v Commission) (¥) the Court of Justice of the European Communities annulled Decision 98/95/EC on the grounds that it lacked an adequate statement of reasons with regard to the effect on Community trade. Following a letter from the Commission dated 23 November 2006 (D 2006 224962) requesting infor- mation from the Italian authorities, a response was sent by e-mail on 8 March 2007 (TRENA/26193). 2. DESCRIPTION OF THE MEASURE 2.1. The original scheme Following a complaint lodged in 1993, the Commission learned of an aid scheme set up by the region of Sardinia for shipping companies intending to build, purchase, convert or repair ships. It took the specific form of loans and leases granted on favourable terms that were agreed initially only with companies whose head office, domicile for taxation purposes and port of register were situated in the region of Sardinia. () O] L 20, 27.1.1998, p. 30. () C'71/97 (NN 144/97), (O] C 386, 20.12.1997). (*) European Court Reports, 2000, ECR 1-8855.