27.9.2006 Official Journal of the European Union L 268/29 COMMISSION DECISION of 8 March 2006 concerning the aid scheme that the Region of Veneto in Italy plans to introduce to improve 4 8l y p p processing and marketing conditions for agricultural products (notified under document number C(2006) 639) (Only the Italian text is authentic) (Text with EEA relevance) (2006/642/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, and in particular the first subparagraph of Article 88(2) thereof, Having called on interested parties to submit their comments pursuant to the above provision (%), Whereas: L PROCEDURE By letter dated 23 February 2000, registered as received on 28 February 2000, the Office of the Italian Permanent Representative to the European Union notified to the Commission, within the meaning of Article 88(3) of the Treaty, Article 35 of Region of Veneto Law No 5/2000 (%) (hereafter RL No 5/2000), which provides for aid for the processing and marketing of agricultural products. By letters dated 12 May 2000, registered as received on 18 May 2000, 1 August 2000, registered as received on 7 August 2000, 15 November 2000, registered as received on 16 November 2000, and 24 January 2001, registered as received on 30 January 2000, the Office of the Italian Permanent Representative to the European Union provided the Commission with the additional information requested from the Italian authorities by letters dated 18 April 2000, 5 July 2000 and 21 September 2000 and at a bilateral meeting held on 13 December 2000. By letter dated 2 April 2001 the Commission notified Italy of its Decision to initiate the procedure provided for in Article 88(2) of the EC Treaty in respect of the aid in question. The Commission Decision initiating the procedure was published in the Official Journal of the European Union (%). The Commission invited interested parties to submit their comments on the measure in question. OJ C 140, 12.5.2001, p. 2. Veneto Regional Law No 5/2000 of 28.1.2000. General provisions refinancing and amending regional laws for the preparation of the yearly and multi-annual budget of the Region (2000 Financial Law). See footnote 1. () SRS = = The Italian authorities submitted their comments by letters dated 12 June and 22 June 2001. The Commission did not receive any comments from other interested parties. L. DESCRIPTION Article 35 of RL No 5/2000 provides for state aid aimed at improving the processing and marketing conditions for agricultural products. The aid is targeted at projects carried out by agrifood undertakings that applied for funding under Council Regulation (EC) No 951/97 of 20 May 1997 on improving the processing and marketing conditions for agricultural products (%) during the 1994-99 programming period (°). Some of the undertakings actually went ahead with the work, but failed to receive any public aid due to a funding shortfall. According to Decision of the Regional Government No 4202 of 14 September 1993, during the above period, the undertakings concerned could submit applications for part-financing under the programme for such projects to the competent authorities (Regional Government — Department for Agriculture and Relations with the EEC) before 30 April and before 30 September each year. On completion of the project-selection procedure, the compe- tent authorities drew up a ranking list of the projects selected and informed the potential beneficiaries of their ‘eligibility for financing’ by publishing the Decision of the Regional Government approving the ranking list in the Official Journal of the Region of Veneto. Those under- takings whose investment projects had not been selected were sent a letter explaining why their application had been rejected. In the opinion of the Italian authorities, the publication of the Decision approving the above ranking list amounted (under the law on the publication of official acts (%) to notification by the official authorities of the acceptance of applications for financing for the projects concerned, which, according to those authorities, created in the undertakings on the ranking list a legitimate expectation that aid would be granted. OJ L 142, 2.6.1997, p. 22. The Veneto Regional Operational Programme was approved by Commission Decision of 2 October 1996 (96/2598/EC). Law No 241 of 7.8.1990, Italian Official Journal (General Series) No 192 of 18.8.1990, lays down New rules on administrative procedures and on access to administrative documents’.