25.3.2010 Official Journal of the European Union L 79/13 DECISIONS COMMISSION DECISION of 15 December 2009 on State aid granted by Germany in respect of certain activities of the Bavarian Animal Health Service (C 24/06 (ex NN 75/2000)) (notified under document C(2009) 9954) (Only the German text is authentic) (2010/178/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union and in particular the first subparagraph of Article 108(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 21 February 2000 a complaint was lodged with the Commission regarding measures taken by the Bavarian Animal Health Service (TGD). The same complainant subsequently sent further letters regarding the same complaint. The State aid case was registered under number NN 75/00. The Commission wrote a number of letters to Germany in connection with the complaint. In reply to these letters, Germany submitted information in letters dated 4 July 2000, 22 December 2000, 22 November 2002, 10 April 2003, 1 December 2003 and 27 June 2005. A meeting with German officials took place on 17 July 2003. The measure had been in operation since 1974. Despite enquiries, it was not possible to find proof of the measure having been notified. The aid was therefore entered in the register of non-notified aid measures. By letter dated 7 July 2006, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 108(2) TFEU (!) in respect of the aid. () On 1 December 2009, Articles 87 and 88 of the EC Treaty were replaced by Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU). The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. () (10) (12) The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission called on interested parties to submit their comments. The Commission received written comments from interested parties by letters dated 30 October 2006, 2 November 2006 and 7 November 2006. Germany sent its comments to the Commission by letters dated 6 November 2006, 22 January 2007, 25 July 2008 and 9 February 2009. II. DESCRIPTION The measure is taken pursuant to Article 14(1) of the Law on support for Bavarian agriculture (Gesetz zur Forderung der bayerischen Landwirtschaft — LwF6G). The objective of the measure is to safeguard and improve the hygiene of foodstuffs of animal origin. The beneficiaries are farmers and fishermen (hereinafter referred to collectively as farmers). A further beneficiary is the Bavarian Animal Health Service (TGD). The measure is financed from the resources of the Land of Bavaria and the Bavarian Animal Disease Fund (hereinafter: BTSK). Although described as ‘general measures’ (Globalmaf- nahmen), the measures in question benefit only farmers in Bavaria. Moreover, according to the information provided by Germany, they are very specific and of a purely preventive nature relating to the production of milk and meat and to the rearing of pigs, poultry, () O] C 244, 11.10.2006, p. 15.