24.6.2002 Official Journal of the European Communities L165/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 31 January 2001 on State aid implemented by Spain for the Fesa-Enfersa group (Fertiberia) (notified under document number C(2001) 324) (Only the Spanish text is authentic) (Text with EEA relevance) (2002/467[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 7(3) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above (?), Whereas: I. PROCEDURE (1) In the context of the assessment of State aid granted to Ercros (3), the Commission became aware of the exist- ence of possible aid to Fesa-Enfersa (now Fertiberia), a fertiliser conglomerate in which Ercros had a majority (1) OJL 83,27.3.1999, p. 1. (3 OJ C315,4.11.2000, p. 11. (%) Decision of 20 July 1999 in Case NN62/99 (O] C 62, 4.3.2000, p. 18). See also http://europa.eu.int/comm/secretariat_general/ sgb/state_aids/industrie[nn062-99.pdf. stake until Grupo Villar Mir (a Spanish industrial group) took it over in April 1995 (4. (2) By letter dated 12 May 1999, the Commission requested information on the aid that was thought to have been granted to Ercros and to the Fesa-Enfersa group. By letter dated 26 May 1999, the Spanish authorities asked for a 45-day extension of the deadline in order to compile a full file going back to 1992. (3)  After a reminder sent on 7 September 1999, the Spanish authorities submitted the requested information by letter dated 12 November 1999. (4)  The case was registered as an NN case on 15 November 1999. (5)  The Spanish authorities submitted further information by letters dated 11 January 2000, 14 January 2000, 3 February 2000 and 7 March 2000. (6) By letter dated 16 June 2000, the Commission informed Spain that it had decided to initiate the procedure laid down in Article 88(2) of the Treaty in respect of the aid. (#) See in particular the ninth paragraph of point 2.2 of the Decision of 20 July 1999 cited in footnote 3.