On 9 March 2017, with publication in the Official Journal of the Italian Republic No. 57, the Decree of the President of the Council of Ministers (DPCM) dated 24 January 2017 entered into force. The Decree sets out the "Terms and conditions for ascertaining the completeness of the documentation contained in the State Aid notifications by the Department for European Policies" in application of Article 45 of Law No. 234 dated 24 December 2012, as amended by Law No. 122 dated 7 July 2016.
Subsequently, with the modification of the procedure of the electronic State Aid notification system (known as 'SANI2'), the European Commission authorised the Department for European Policies to ascertain the completeness of the notification before its validation by the Permanent Representation to the EU and its subsequent submission to the Commission. With the modification of 'SANI2', the conditions provided for in Article 6 of the Decree of the President of the Council of Ministers (DPCM) dated 24 January 2017 were thus set out.
The pre-validation activity is one of the commitments undertaken by the Department for European Policies in the context of the Common Understanding signed on 3 June with the European Commission, to implement the process of State Aid modernisation and strengthen the partnership between Italy and the European Commission, on the one hand, and between national administrations at all levels, on the other.
Therefore, as of 27 March 2017, central and territorial authorities intending to grant State Aid subject to prior notification in accordance with Article 1083) of the Treaty on the Functioning of the European Union (TFEU) are required to prepare the notification and transmit it to the Department for European Policies through the electronic notification system for examination of the completeness of the documentation contained in the notification.
Cases of aid to agriculture, forestry, fisheries and rural areas are not subject to pre-validation requirements.State Aid