L 14920 Official Journal of the European Union 15.6.2010 IV (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 10 December 2008 concerning State aid C 31/06 (ex N 621/05) granted by Italy on urgent measures to prevent avian influenza (notified under document C(2008) 7802) (only the Italian text is authentic) (2010/332/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 given interested parties notice to submit their comments pursuant to that Article, and having regard to those comments, Whereas: I. PROCEDURE By letter of 9 December 2005, registered on 13 December 2005, the Italian Permanent Represen- tation to the European Union notified the Commission, pursuant to Article 88(3) of the Treaty, of Article 5 of Law No 244 of 30 November 2005 (Law 244/05). By telexes of 14 February 2006 (ref. AGR 4535) and of 20 March 2006 (ref. AGR 7800), the Commission requested additional information. By e-mail of 2 March 2006, registered on 3 March 2006, the Italian authorities notified the Commission of Article 1a(8) and (10) to (14) of the draft law converting Decree-Law No 2 of 10 January 2006 into law. This Decree-Law was converted into law, with amendments, through Law No 81 of 11 March 2006 (Law 81/06). This law amends Article 5 of Law 244/05. The provisions of Article la establishing an Emergency Poultry Fund were examined under State aid N 322/2006. By e-mail of 20 April 2006, registered on 25 April 2006, the Italian authorities provided additional information. By letter of 13 June 2006, the Commission asked the Italian authorities to extend the 30-day time limit laid down in Article 4(5) of Council Regulation (EC) (10) (11) (12) () No 659/1999 (') to be able to take its decision, i.e. until 26 July 2006, to take account of the time required for the translation of the decision itself. By e-mail of 22 June 2006, registered on 23 June 2006, the Italian authorities agreed to the extension of the time limit requested by the Commission. By letter of 5 July 2006, the Commission informed Italy of its decision to initiate the procedure under Article 88(2) of the Treaty in respect of some of the aid measures at issue. By letter of 19 July 2006, registered on 3 August 2006, the Italian Permanent Representation to the European Union sent the Commission the Italian authorities comments regarding the decision to initiate the formal investigation procedure. The decision by the Commission to initiate the procedure was published in the Official Journal of the European Union (3. The Commission called on the interested parties to submit their comments on the aid at issue. The Commission received no comments on this matter from the interested parties. By letter of 7 May 2008, the Commission asked the Italian authorities for additional information to enable it to close the case in question. The Italian authorities did not reply. By letter of 30 October 2008, the Commission sent the Italian authorities a reminder. By letters of 4 November 2008, the Italian authorities sent the Commission the information requested by letter of 7 May 2008, confirming that they had not implemented the measures provided for in Article 5(1), (3a) and (3b) of Decree-Law No 202/2005, as amended by Article 1a(7) of Law 81/06. 83, 27.3.1999, p. 1. oj L () O] C 233, 28.9.2006, p. 5.