L 116/26 Official Journal of the European Union 30.4.2008 COMMISSION COMMISSION DECISION of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (notified under document number C(2007) 5087) (Only the Polish version is authentic) (Text with EEA relevance) (2008/344[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), Having regard to Protocol No 8 of the Accession Treaty on the restructuring of the Polish steel industry (') (hereinafter referred to as ‘Protocol No 8, Having called on interested parties to submit their comments pursuant to the provisions cited above (?), Whereas: I. PROCEDURE (1) In March 2002 a restructuring programme was presented by Huta Buczek (hereinafter ‘TB-HB’), to the Polish auth- orities. TB-HB was as of 7 May 2003 renamed Tech- nologie Buczek S.A. (hereinafter ‘TB). () O] L 236, 23.9.2003, p. 948. () O] C 196, 19.8.2006, p. 23. (20 On 5 November 2002 the Polish Council of Ministers approved  the  Restructuring and  Development Programme for the Polish Iron and Steel Industry until 2006 (hereinafter referred to as ‘the National Restruc- turing Programme’ or ‘NRP). This plan essentially allows for State Aid to be awarded to the Polish steel industry for restructuring in the period from 1997 to 2006 of up to PLN 3 387 billion (EUR 846 million) (3). (3)  The NRP was submitted to the EU. On 25 March 2003 it was assessed by the Commission. On this basis the Commission made a proposal for a Council Decision to extend the grace period for the granting of state aid in the Polish steel sector under the Europe Agreement (which initially lasted only until 1997) until Poland’s accession to the EU, subject to the recipients achieving viability by 2006; this was approved by the Council in July 2003 (4). (4) The EU thus allowed Poland, notwithstanding its rules (%), to grant restructuring aid to the steel industry. This was finally laid down in a Protocol to the Accession Treaty, Protocol No 8 on the restructuring of the Polish steel industry (°). It confirms the acceptance of the award of state aid to eight companies listed in Annex 1 to Protocol No 8, including TB-HB, of not more than PLN 3,387 billion before end-2003. (®) Assuming that EUR 1 = PLN 4. (*) See for details Decision 2006/937/EC of 5.7.2005 in case C-20/04 Huta Czestochowa, (O] L 366, 21.12.2006, p. 1, points 23 et seq). (°) State Aid to the steel sector is not allowed in the EU; see Commu- nication from the Commission — Rescue and restructuring aid and closure aid for the steel sector (O] C 70, 19.3.2002, p. 21). (°) See Protocol No 8 to the Accession Treaty on the restructuring of the Polish steel industry (O] L 236, 23.9.2003, p. 948).