L 264/28 Official Journal of the European Union 15.10.2003 COMMISSION DECISION of 13 November 2002 on the State aid implemented by Italy for Pertusola Sud (notified under document number C(2002) 4360) (Only the Italian text is authentic) (Text with EEA relevance) (2003/731/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 the provisions cited above (!), and having regard to those comments, Whereas: I. PROCEDURE By letter dated 18 September 2000, Italy notified a draft contract to the Commission concerning the sale of Pertusola Sud SpA in liquidation to Zincocalabra SpA, a private group of companies headed by Cogefin SpA. The contract was notified in accordance with Article 3(1)(a) of Commission Decision 98/212/EC of 16 April 1997 on the aid granted by Italy to Enirisorse SpA () as the contract contained a suspensive clause that requires the Commission's approval in order to be valid. By letter of 13 February 2001 the Commission notified Italy of its decision to initiate proceedings under Article 88(2). The Commission decision to initiate proceedings was published in the Official Journal of the European Commu- nities (*). The Commission invited interested parties to submit their comments. The Commission received comments from the United Kingdom as well as from Union Miniére, Metaleurop and Nuova Solmine. The comments were forwarded to Italy for its views and its response was received on 22 October 2001. II. DESCRIPTION By Decision 98/212/EC the Commission authorised Italy to grant aid totalling ITL 1 819 billion to Enirisorse SpA for the restructuring of some of its subsidiaries, () 0] C 149, 19.5.2001, p. 13. () OJ L 80, 18.3.1998, p. 32. () See footnote 1. including Pertusola Sud SpA. The aid for Pertusola Sud SpA amounted to ITL 280 million and covered the period 1992 to 1996. Article 2 of the Decision required Italy to comply with its commitments as set out in the restructuring plan, i.e. to privatise the remaining compa- nies and production sites of Enirisorse SpA by 31 December 1998. One of the two firms in question was Pertusola Sud. The Decision also required Pertusola Sud to have been shut down and dismantled by the end of 1997, or to be sold to an interested buyer. In any event the firm could no longer produce zinc. The Commission had also taken the view that the 45 % cut in Enirisorse's zinc produc- tion capacity resulting from the closure of Pertusola Sud was an adequate counterpart to the aid granted to Pertu- sola. It had therefore concluded that the aid did not affect competition to an extent contrary to the common interest. On 24 July 1997 Enirisorse invited offers for Pertusola Sud. On 31 March 1998 Pertusola entered into liquida- tion, and ceased production in February 1999. It had a capital of ITL 22 billion, wholly owned by Enirisorse. In August 2000 Enirisorse SpA agreed to sell its entire share capital in Pertusola Sud to Zincocalabra. Zincocalabra SpA is a new company owned by a private group of firms headed by Cogefin SpA, an Italian group whose companies operate chiefly in the zinc sector. Zincocalabra SpA planned to increase Pertusola's zinc output to 185000 tonnes a year and carry out an investment programme costing ITL 500 billion, to which it would contribute ITL 250 billion. The remaining 50 % would be granted in the form of regional aid, which would be notified to the Commission under the multisectoral framework. Another clause in the contract provided for the payment by Enirisorse SpA of the cost of making good past environmental damage, up to a maximum of ITL 180 million, a payment to which Enirisorse had already agreed.