21.9.2010 Official Journal of the European Union L 247/85 (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 28 October 2009 on aid scheme C 61/03 (ex NN 42/01) implemented by Italy for the aeronautical industry (notified under document C(2009) 8097) (Only the Italian text is authentic) (Text with EEA relevance) (2010/564/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and 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 called on interested parties to submit their comments pursuant to those provisions (1), Whereas: 1 The measure under assessment concerns individual aid for two R&D projects in the aeronautical industry (A139/AB139 and BA609). The aid was granted by Italy on the basis of Act No 808/1985 ‘Interventi per lo sviluppo e laccrescimento di competitivita delle industrie operanti nel settore aeronautico (Measures to develop and boost the competitiveness of the aero- nautical industry) (hereinafter ‘Act 808/85’). The Act was adopted by the Italian Parliament on 24 December 1985. The Commission approved the scheme in 1986 (3). Aid for these two projects was omitted from the scope of Commission Decision 2008/806/EC (°) because they raised the issue of the applicability of Article 296 of the EC Treaty and at the time the Commission did not have sufficient information to reach a conclusion on its assessment. 1. PROCEDURE On 1 October 2003, following the submission of a complaint and after evaluation by independent experts, the Commission initiated the formal investigation () OJ C 16, 22.1.2004, p. 2 and O] C 252, 12.10.2005, p. 10. (%) Case N 281/84, letter SG(86)5685 of 14 May 1986. () OJ L 284, 28.10.2008, p. 1. procedure (hereinafter ‘the first opening decision’) with regard to six aid schemes for R&D projects that had not been individually notified by Italy. For the six cases, the Commission raised doubts about their compatibility with the rules applicable to R&D aid (*. By decision of 22 June 2005 (°), the Commission decided to extend the scope of the procedure (hereinafter the ‘second opening decision’) to the entire application of Act 808/85, including projects that Italy claimed to fall within the scope of Article 296. On 12 October 2005 the second decision was published (%). By letter of 17 June 2005, the Italian authorities pointed out that the scope of the two opening decisions touched on issues that were sensitive for national security. The Commission replied to the letter of 17 June 2005 by letter of 15 July 2005, in which it stated that the Commission’s investigations would be confined to civil aspects and that the purpose of assessing projects that were a matter of national security was precisely to exclude them from the scope of the final decision. On 11 March 2008, the Commission adopted Decision 2008/806/EC on several individual R&D projects financed by Italy. Paragraph 419 of Decision 2008/806/EC reads as follows: ‘The Commission cannot reach a conclusion, however, on the two projects regarding whose military character it expressed doubts in the second initiating decision. The Commission reserves the right to ask Italy for further information on these projects with a view to a decision in the near future’ (*) The 1996 Community Framework for State aid for R&D (O] C 45, 17.2.1996, p. 5) or the 1986 Community Framework for State aid for R&D (O] C 83, 11.4.1986, p. 2). (%) C(2005) 1813 final. (6 O] C 252, 12.10.2005, p. 10.