L 345/18 Official Journal of the European Union 23.12.2009 COMMISSION DECISION of 17 June 2009 on aid scheme C 41/06 (ex N 318/A/04) which Denmark is planning to implement for refunding the CO, tax on quota-regulated fuel consumption in industry (notified under document C(2009) 4517) (Only the Danish text is authentic) (Text with EEA relevance) (2009/972/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 pur- suant to the first subparagraph of Article 88(2) cited above () and having regard to their comments, Whereas: 1. PROCEDURE (1) By letter dated 20 July 2004, registered at the Commission on 22 July 2004 (SG/A/7988), the Danish authorities noti- fied the measure described below to the Commission. (2) By letters of 13 September 2004 and 14 December 2004, the Commission asked for additional information, which was received by letters of 14 October 2004, registered on 18 October 2004 (A/37970), and of 15 March 2005, reg- istered 15 March 2005 (SG/A[2724). (3)  Following a meeting with DG Competition and DG Taxa- tion and Customs Union on 27 April 2005, the Danish authorities requested more time to complement their noti- fication by letter of 12 May 2005, registered 17 May 2005 (A33975). (4)  After a few changes to the measure, the case was further discussed in meetings between representatives of the Com- mission and of the Danish authorities held on 12 October 2005, on 15 December 2005 and on 21 February 2006. (5) By letter of 10 July 2006, registered 11 July 2006 (A[35577), the Danish authorities informed the Commis- sion that they considered the notification complete and asked the Commission to continue the preliminary exami- nation of the measure in the form that it was presented at the meeting of 12 October 2005. (6) By letter dated 26 September 2006, the Commission informed Denmark that it had decided to initiate the pro- cedure laid down in Article 88(2) of the EC Treaty in respect of the measure. (1) 0] C 274,10.11.2006, p. 25. ) (10) (11) (12) %) ) The Commission decision to initiate the procedure was published in the Official Journal of the European Union (?). The Commission invited interested parties to submit their comments on the proposed measure. By letter dated 24 November 2006, registered 27 Novem- ber 2006 (A/39579) the Danish Government submitted its observations on the opening of the procedure. The Commission received observations from the follow- ing third parties: the Swedish Government (8 December 2006, A[40067), Novo Nordisk (8 December 2006, A[40027), Novozymes (11 December 2006, A[40089) and Dansk Industri (12 December 2006, A[40147). It for- warded them to the Danish authorities, which was given the opportunity to react. The comments by the Danish Government were received by letter dated 5 February 2007, registered the same day (A[/31115). On 12 September 2007, there was a meeting between the Cabinet of Ms Kroes and the Danish Tax Minister Kristian Jensen. In that meeting, it was agreed to await the adop- tion of the new Community Guidelines on State aid for Environmental Protection before taking a decision on the proposed tax relief. By letter of 14 May 2008, the Commission asked for infor- mation with respect to the rules on exemptions from envi- ronmental taxes under the new Community guidelines on State aid for Environmental Protection (3). Denmark replied by letter dated 22 July 2008 (A/15183) with a supplement (A[15244). The information request, as well as the reply, was commu- nicated to the third parties who had commented on the opening of the formal investigation procedure. Following the submission to third parties, observations were received from Dansk Industri (6 October 2008, A[/20427), Novo Nordisk (7 October 2008, A[20550), Novozymes (8 Octo- ber 2008, A[20739) and the Swedish Government (15 October 2008, A[21433). See footnote 1. 0J C 82, 1.4.2008, p. 1.