28. 6. 83 Official Journal of the European Communities No L 169/29 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 February 1983 concerning aid for fuel granted by the Italian Government to fishermen opera- ting in the Mediterranean (Only the Italian text is authentic) (83/312/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 100/76 of 19 January 1976 on the common organization of the market in fishery products ('), as last amended by Regulation (EEC) No 3443/80 (), and in particular Article 26 thereof, and to Council Regulation (EEC) No 3796/81 (®), which replaced Regulation (EEC) No 100/76 with effect from 1 June 1982, and in particular Article 28 thereof, Having given notice, in accordance with the first subparagraph of Article 93 (2), to the parties concerned to submit their comments, and having regard to these comments, I Whereas, in accordance with Article 93 (3) of the EEC Treaty, the Italian Government notified the Commis- sion by letter dated 28 March 1980 from its Permanent Representation to the European Communities of the text of Law No 57 of 29 February 1980 introducing extraordinary assistance for sea fishing, under which () OJ No L 20, 28. 1. 1976, p. 1. (» OJ No L 359, 31. 12. 1980, p. 13. () O] No L 379, 31. 12. 1981, p. 1. commercial fishermen operating in the Mediterranean were to be granted exceptional aid towards running costs for 1980 only ; whereas this Law took effect from 13 April 1980 ; whereas the detailed rules for imple- menting this Law were to be laid down by Ministerial Decree, the draft of which was notified to the Commission, under Article 93 (3) of the Treaty, by letter dated 13 May 1980 ; Whereas it is clear from this Decree that the aid in question was directly linked to the consumption of fuel ; whereas it amounted to Lit 87 for each kilogram of fuel used and the sum set aside for the purpose was Lit 25 000 million ; Whereas the aid described above falls within the scope of Articles 92 to 94 of the EEC Treaty by virtue of the Articles of Regulations (EEC) No 100/76 and (EEC) No 3796/81 referred to above; Whereas, following initial scrutiny, the Commission took the view that the aid in question constituted operating aid granted with no actual reciprocal commitment on the part of the beneficiaries, that it had a substantial direct impact on competition and trade between the Member States and that it was there- fore incompatible with the common market within the meaning of Article 92 of the Treaty ; whereas it accor- dingly decided to initiate the procedure provided for in Article 93 (2) of the Treaty in respect of the above aid and, to this effect, by letter of 22 July 1980, gave the Italian Government formal notice to submit its comments ;