
Article 1 
The aid scheme set up for the restructuring of cooperatives in the fisheries sector and for their consortia and unlawfully put into effect by Italy, in breach of Article 88(3) of the EC Treaty, is incompatible with the common market.
Article 2 
The individual aid granted to a fisheries cooperative or to one of its consortia under the regime referred to in Article 1 of this Decision is not aid if, at the time at which it was granted, it fulfilled the conditions laid down in the Regulation adopted pursuant to Article 2 of Council Regulation (EC) No 994/98 and applicable at that time.
Article 3 
Individual aid granted under the scheme referred to in Article 1 of this Decision which, at the time at which it was granted, fulfilled the conditions laid down by a regulation adopted pursuant to Article 1 of Regulation (EC) No 994/98 or by any other approved aid scheme is compatible with the common market up to the maximum intensity applicable to that type of aid.
Article 4 

1. Italy is required to make the beneficiaries repay the incompatible aid referred to in Article 1 granted from 12 November 2005.
2. Interest shall be paid on the amounts to be repaid, from the date on which they were made available to the beneficiaries until they are actually repaid.
3. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004.
4. Italy shall cancel all outstanding payments of the aid referred to in Article 1 from the date of adoption of this Decision.
Article 5 

1. Recovery of the aid referred to in Article 1 shall be immediate and effective.
2. Italy shall ensure that this Decision is put into effect within four months of the date of its notification.
Article 6 

1. Within two months of notification of this Decision, Italy shall submit the following information:
(a) the list of the fisheries cooperatives and their consortia which have received aid under Articles 2 and 3 and the total amount received by each of them;
(b) the total amount (principal and interest) to be recovered from each beneficiary;
(c) a detailed description of the measures already taken and those planned to comply with this Decision;
(d) documents demonstrating that the beneficiaries have been ordered to repay the aid.
2. Italy shall keep the Commission informed of the progress of the national measures adopted to implement this Decision until recovery of the aid referred to in Articles 1, 2 and 3 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and those planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the beneficiaries.
Article 7 
This Decision is addressed to the Italian Republic.
Done at Brussels, 28 October 2009.
For the Commission
Joe BORG
Member of the Commission