4.9.2010 Official Journal of the European Union L 235/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 15 December 2009 on support measures implemented by Spain in the agricultural sector following the increase in fuel prices (notified under document C(2009) 9971) (Only the Spanish text is authentic) (2010/473[EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union (TFEU) (), and in particular the first subparagraph of Article 108(2) thereof, Having invited interested parties to submit comments in accordance with the above Article, and taking account of such comments, Whereas: I. PROCEDURE (1) By letter of 29 September 2000, the Spanish authorities notified the European Commission, in accordance with Article 108(3) of the TFEU, of aid measures implemented by Spain to support the agricultural sector following the increase in fuel prices. By fax of 20 November 2000, the Commission asked for further information. That information was supplied by letters of 9 January and 13 March 2001. (2)  Most of the measures covered by the notification were transferred to the register of non-notified aid measures (Aid NN 19/2001). Others were entered in the register of notified aid (N 681/A/2000). (3) By letter of 11 April 2001, served on 25 April 2001, the Commission notified Spain of its decision to initiate the procedure laid down in Article 108(2) of the TFEU concerning some of the measures, and to consider that others did not meet the requirements to fall within the scope of Article 107 of the TFEU. (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are in substance identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty. (4)  The Commission’s Decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the measures concerned. (5) By letters of 6 June and 20 December 2001, Spain sent a series of comments. The Commission also received comments from interested parties. It passed on these comments to Spain, giving it the opportunity to comment on them, and received its comments by letters of 1 and 30 October 2001. (6)  The Commission adopted a final partially negative Decision on 11 December 2002, under Number 2003/293/EC (). (7)  On 15 April 2003, the Association of Service Station Managers of Madrid (Asociacién de Empresarios de Estaciones de Servicio de la Comunidad de Madrid) and the Catalan Federation of Service Stations (Federacién Catalana de Esta- ciones de Servicio) brought an action against the European Commission before the Court of First Instance (¥). The complainant requested the partial annulment of the Commission Decision. 8)  In its judgment of 12 December 2006 (°), the Court of First Instance annulled Article 1 of Commission Decision 2003/293/EC, which states that the measures to support agricultural cooperatives laid down by Royal Decree-Law No 10/2000 of 6 October 2000 on emergency support for agriculture, fisheries and transport () do not constitute ~ State aid  within the meaning of Article 107(1) of the TFEU. %) 0] C 172, 16.6.2001, p. 2. ) () OJ L 111, 6.5.2003, p. 24. (*) O] C 171, 19.7.2003, p. 34. (°) Case T-146/03 Asociacion de Estaciones de Servicio de Madrid, Federacién Catalana de Estaciones de Servicio v Commission of the European Commu- nities [2003] ECR 11-98. (°) Boletin Oficial del Estado (Spanish Official Gazette — BOE) 241, 7.10.2000, p. 34614.