22.7.2003 Official Journal of the European Union L 18319 COMMISSION COMMISSION DECISION of 9 April 2002 on the State aid implemented by Italy for cableway installations in the Autonomous Province of Bolzano (notified under document number C(2002) 1191) (Only the Italian text is authentic) (Text with EEA relevance) (2003/521/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 their comments, Whereas: I. PROCEDURE (1) By complaint dated 27 February 1996, received on 21 May 1996, the Commission was informed that Italy had implemented a measure granting aid for cableways in the Province of Bolzano. By letters dated 29 July 1996, 21 January 1997 and 23 June 1998 Italy provided the Commission with further information. (2) By letter of 4 August 2000, the Commission informed Italy that it had decided to initiate the proceedings under Article 88(2) of the EC Treaty in respect of the measure in question. (3)  The Commission decision to initiate proceedings was published (3 and the interested parties were invited to submit their comments on the measure. () 0] C 27, 27.1.2001, p. 37. () See footnote 1. (4) The Commission received comments from interested parties and forwarded them to Italy, which was given the opportunity to react. By letter of 12 March 2002, the Italian authorities undertook to re-notify the scheme in 2006. II. DETAILED DESCRIPTION OF THE MEASURE Following late notification and an investigation linked to aid granted by DG REGIO under a 5b aid programme, the Commission approved by letter No NN 45/91 of 4 June 1991 the aid provided for by Bolzano Provincial Law No 2/1991 of 21 January 1991 on the budget for 1991 and the period 1991 to 1993 (hereinafter ‘Law No 2/1997’), under which State aid may be granted to cable- ways in the province with a maximum aid intensity of 33 % gross of the cost of individual projects. The Autonomous Province then approved a new law, Law No 6 of 4 March 1996 on aid for the construction and modernisation of cableways (hereinafter ‘Law No 6/ 1996)). According to the Province, the law simply renews the old aid scheme and allows for investment aid of up to 90 %. Article 1(1) of Law No 6/1996 provides for investment aid in the form of non-repayable grants for: (a) the construction of new passenger transport facilities in the form of aerial cableways, funiculars, belt conveyors or ski lifts;