22.2.2008 Official Journal of the European Union L 48/71 COMMISSION DECISION of 13 November 2007 State aid C 38/2006 (ex NN 93/2005) — Fish factory improvement scheme implemented in the United Kingdom (notified under document number C(2007) 5397) (Only the English version is authentic) (Text with EEA relevance) (2008/154[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty ('), and in particular Article 6(1) and Article 14 thereof, Having called on interested third parties to submit their comments pursuant to the provisions cited above (3), Whereas: I. PROCEDURE (1) By letter dated 15 June 2004, the Commission was informed by a citizen of the United Kingdom of unlawful aid granted by the Shetland Islands Council, the public authority in the Shetland Islands of the United Kingdom. By letters dated 24 August 2004, 4 February 2005, 11 May 2005 and 16 December 2005 the Commission requested the United Kingdom to provide information about such aid. The United Kingdom provided the Commission with further information by letters dated 10 December 2004, 6 April 2005, 8 September 2005 and 31 January 2006. (2) By letter dated 13 September 2006, the Commission informed the United Kingdom that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty. The United Kingdom provided its comments on the case by letters dated 16 October 2006 and 30 January 2007. (3)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union on 28 November 2006 (}). The Commission invited L 83, 27.3.1999, p. 1. Regulation as last amended by Regulation ) No 1791/2006 (O] L 363, 20.12.2006, p. 1). () OJ C 289, 28.11.2006, p. 10. C 289, 28.11.2006, p. 10. interested parties to submit their comments on the aid. No comments were received. II. DETAILED DESCRIPTION The Shetland Islands Council made payments to the fisheries sector under the scope of two general aid measures named ‘Aid to the Fish Catching and Processing Industry’ and ‘Aid to the Fish Farming Industry’, which actually consisted of several different types of aid schemes, one such scheme was the so-called ‘Fish Factory Improvement Scheme’. Under the Fish factory improvement scheme (the ‘scheme’), aid could be granted for the purchase of new processing machinery and equipment and for the construction, improvement or extension of fish factories. Repairs to machinery or buildings were, however, not eligible. Aid for second-hand equipment was only considered for assistance in special circum- stances and was to be inspected or certified as fully serviceable by an independent engineer. Aid was granted up to a maximum of 20 % of the eligible costs, with a maximum amount of GBP 20 000 for factories with a turnover of less than GBP 1 000 000; GBP 25 000 for factories with a turnover of between GBP 1 000 000 and GBP 3 000 000; and GBP 30 000 for factories with a turnover of more than GBP 3000 000. From 13 August 1993 until 15 December 2004, payments were made under the scheme in favour of Shetland Fish Products Limited, a company involved in the production of fish meal and fish oil, not intended for human consumption. The following grants were paid to that company: (@) on 13 August 1997, GBP 24 800 was granted to assist with the purchase of an Alfa Laval Separator; the purpose of which is to separate fish oil from cooked press liquid;