27.6.2009 Official Journal of the European Union L 166/71 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 25 February 2009 regarding aid schemes under the Community guidelines for State aid concerning TSE tests, fallen stock and slaughterhouse waste — rejection by Luxembourg of proposals for appropriate measures (C 13/04) (notified under document number C(2009) 1089) (Only the French text is authentic) (2009/493/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 23 April 2003 (ref. AGR 011093). Since this reminder remained unanswered, a second reminder requesting confirmation of acceptance in writing by 30 July 2003 Having regard to the Treaty establishing the European at the latest was sent on 9 July 2003 (ref. V1/017922). Community, and in particular the first subparagraph of Article 88(2) thereof, (4) By letter dated 26 September 2003, the Minister for Agriculture, Viticulture and Rural Development of the Grand Duchy of Luxembourg requested a derogation from the application of the rules of the TSE guidelines (points 38 and 39) in order to allow the government to Whereas: finance 50 % of the costs of slaughterhouse waste treatment after 31 December 2003. Having called on interested parties to submit their comments pursuant to that Article ('), 1. PROCEDURE (1)  On 27 November 2002 the Commission adopted guidelines for State aid concerning TSE tests, fallen (5 By letter dated 10 October 2003 (ref. VI/027340), the stock and slaughterhouse waste (hereinafter the TSE Commission informed the Luxembourg authorities that guidelines). such derogation from the rules was not possible since it was contrary to the objectives of harmonisation and the elimination of distortions of competition pursued by the (2) By letter dated 12 December 2002 (AGR 29701), the TSE guidelines themselves. Commission asked the Luxembourg authorities to confirm that they accepted these proposals for appro- priate measures in writing by 31 March 2003 at the latest, in accordance with Chapter IX of the TSE (6) In the same letter, the Commission, pointing out that the guidelines. government of the Grand Duchy of Luxembourg had failed to fulfil its obligation to provide timely infor- mation on its acceptance of the proposals for appropriate (3)  After the Luxembourg authorities failed to reply, the measures in accordance with Chapter IX of the TSE Commission sent the first of several reminders on guidelines, requested for the last time that it confirm its acceptance in writing within 10 days of receipt of (*) OJ C 93, 21.4.2006, p. 10. this letter.