The Italian Government has submitted a draft scheme (“Direttiva”) to the European Commission, clarifying the authorisation procedure for the transfer of motorway concessions. By doing this, Italy aims, among other things, to alleviate the Commission’s concerns relating to the pending proceeding under Article 21 of the Merger Regulation, opened when the cross border merger between the Spanish company Abertis and current Italian motorway concessionaire Autrostrade was cleared by the Commission and de facto blocked by the Italian Government (see Brussels Brief of 29 September 2006). Under the proposed Direttiva, the concessionaire must: i) assume all the existing obligations of the previous concessionaire (including outstanding investments from the previous financial plan); and ii) have the financial and technical capacity to fulfil those obligations. According to the draft, Italy must notify the Commission of any negative or conditional decision before it enters into force.