No L 105/16 Official Journal of the European Communities 18. 4. 84 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 January 1984 on the aid provided for in Campania to support the production of apricots (Only the Italian text is authentic) (84/224/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 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3284/83 (%), and in particular Article 31 thereof, After having given notice, pursuant to the provisions of the first subparagraph of Article 93 (2) of the EEC Treaty, to those concerned to submit their observa- tions (), I Whereas by letter dated 28 March 1983 the Italian Government, pursuant to Article 93 (3) of the EEC Treaty, notified the draft Law of the region of Campania laying down provisions for rationalizing the cultivation of apricots ; Whereas the measure provides for the grant, in 1982, of Lit 1 000 million to apricot producers ; whereas this amount is payable in the form of a subsidy of Lit 200 000 per hectare, which may be increased to Lit 700 000 per hectare in areas especially suited to the cultivation of apricots ; OJ No L 118, 20. 5. 1972, p. 1. OJ No L 325, 22. 11. 1983, p. L. OJ No C 221, 18. 8. 1983, p. 2. Whereas the Commission, after having examined the aid, informed the Italian Government by letter dated 3 June 1983 that the subsidy, granted by reference to areas cultivated and reserved on a priority basis for producers who, in absence of suitable cultivation tech- niques, encountered marketing difficulties during the 1980/81 marketing year, constituted an infringement of the common organization of the market in fruit and vegetables ; whereas, for these. reasons and in view of the fact that the measure cannot be justified in the light of the provisions of Article 92 of the EEC Treaty, the Commission initiated the procedure laid down in Article 93 (2) of the Treaty and gave the Italian Government notice to submit its comments ; Whereas in accordance with that procedure the Commission gave the other Member States and in- terested parties other than Member States notice to submit their comments ; Whereas by letter No 6772 of 2 August 1983 the Italian Government replied to the Commission’s letter of 3 June 1983, drawing its attention to the fact that the measures complained of should be considered in the light of Council Directive 72/159/EEC; Whereas the text of the draft Law contains nothing from which it can be inferred that the aid provided for is governed by Directive 72/159/EEC ; whereas an aid granted per hectare that is not conditional on the making of investments and is not calculated in rela- tion to investments made or to be made constitutes an income subsidy and is not to be considered in the light of the said Directive; whereas the Italian Government’s reply has no foundation, therefore, in the draft Law for the region;