14, 11. 97 Official Journal of the European Communities L 311/25 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 July 1997 on measures taken by Portugal to assist EPAC — Empresa Para a Agroalimentagdo e Cereais, SA (Only the Portuguese text is authentic) (97/762/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Regulation (EC) No 923/96 (%), and in particular Article 19 thereof, Having given notive to the parties concerned to submit their comments (*) in accordance with the first subpara- graph of Article 93 (2), Whereas: (1), On 15 October 1996 the Commission received a complaint about a possible State aid to the public- sector undertaking Empresa Para a Agroalimen- tacdo e Cereais, SA (EPAC) in the form of a State guarantee of Esc 30 billion, accompanied by a supplementary loan of Esc 20 billion on special terms. Having received no notification under Article 93 (3) of the Treaty from the Portuguese authorities, the Commission sent them a letter on 31 October 1996 asking them whether this aid had been granted. If L 181, 1. 7. 1992, p. 21. L 126, 24. 5. 1996, p. 37. 140, 7. 5. 1997, p. 16. so, the Commission also asked them to notify it so that it could be examined pursuant to Articles 92 and 93 of the Treaty. In a letter dated 26 November 1996, registered on 29 November 1996, the Portuguese Permanent Representative to the European Union confirmed the existence of a State guarantee for EPAC. However, the Commission received no notification of the aid under Article 93 (3) of the Treaty. Con- sequently, the aid was entered in the register of non-notified aid under No NN 13/97. Before the accession of Portugal to the European Community, the marketing of cereals in Portugal was covered by a public monopoly. EPAC (at that time Empresa Pablica de Abastecimento de Cereais) was the public-sector undertaking res- ponsible for managing the market. This public monopoly was gradually dismantled after accession, and EPAC, which was made into a limited company with public capital became one of a number of operators in the cereals market, which was liberalized in 1991. By joint decision of the Secretary of State for the Treasury and Finance and the Secretary of State for Food Production of 26 July 1996, the board of directors of EPAC was authorized to negotiatie the terms of a loan on market conditions up to a total of Esc 50 billion, Esc 30 billion of which would be covered by a State guarantee for a maximum of seven years.