12.9.2008 Official Journal of the European Union L 24411 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 18 July 2007 on State aid C 37/05 (ex NN 11/04) implemented by Greece — tax-exempt reserve fund (notified under document number C(2008) 3251) (Only the Greek version is authentic) (Text with EEA relevance) (2008/723[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) thereof, Having called on interested parties to submit their comments pursuant to the provision cited above (1), Whereas: I. PROCEDURE Based on information collected by the Commission, Greece was requested by letter dated 22 October 2003 (D[56772), to provide information about several measures included in a draft law on ‘Development and social policy measures — Objectivity of tax controls and other provisions’, with a view to establish the extent to which they constitute aid within the meaning of Article 87 of the EC Treaty. Under the provisions of () OJ C 20, 27.1.2006, pp. 16-25. one of these draft measures, certain companies are allowed to set up a special tax-free reserve fund of up to 35 % of their profits in order to carry out investments of an equal amount. The Commission also reminded Greece of its obligation to notify the Commission of any measures constituting aid before their implemen- tation, pursuant to Article 88(3) of the EC Treaty. By letter dated 27 November 2003 (A/38170) the Greek authorities provided some of the information requested. As the answers were not complete, the Commission reminded the Greek authorities by the letter of 3 December 2003 (D/57817) of its request and of its power to instruct Greece to provide the requested infor- mation under Article 10(3) of Council Regulation Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3. Subsequently, the Commission received two letters dated 8 December 2003 (A[38600) and 21 January 2004 (A/30440) in which the Greek authorities provided further infor- mation. However, the replies were very general and not sufficiently detailed to allow the Commission to assess the measures in the light of Articles 87 and 88 of the EC Treaty. On 15 January 2004, Greece enacted Law 3220/2004 on ‘Development and social policy measures — Objectivity of tax controls and other provisions’, which entered into force on 30 January 2004, on its publication in the Official Journal of Greece No 3220/2004 (FEK A 15). () OJ L 83, 27.3.1999, p. 1.