L 227/62 Official Journal of the European Union 28.8.2010 (Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty) COMMISSION DECISION of 19 November 2009 on State aid measures C 38/A/04 (ex NN 58/04) and C 36/B/06 (ex NN 38/06) implemented by Italy for Alcoa Trasformazioni (notified under document C(2009) 8112) (Only the Italian text is authentic) (Text with EEA relevance) (2010/460/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 provisions cited above (') and having regard to their comments, Whereas: 1. PROCEDURE 1.1. Case C 38/A/04 (1) By letter dated 4 December 2003, a series of articles published in the Italian press on the Italian government’s intention to introduce preferential electricity tariffs for selected undertakings in Sardinia was brought to the Commission’s attention. (2)  The tariffs were introduced by Article 1 of the Prime Ministerial Decree of 6 February 2004. The Decree had two distinct effects: (a) it introduced preferential elec- tricity tariffs for the companies Portovesme Srl (3), ILA () and Euroallumina (*; and (b) it prolonged the existing preferential tariff for Alco Transformazioni (a producer of primary aluminium, hereinafter ‘Alcoa). (3) By letters dated 22 January 2004 and 19 March 2004, the Commission requested further information on these measures. The Italian authorities replied by letters dated () OJ C 30, 5.2.2005, p. 7 and O] C 214, 6.9.2006, p. 5. () A zinc producer. (®) A manufacturer of aluminium products. (*) A producer of alumina (the intermediate material resulting from the processing of bauxite and from which primary aluminium is obtained). 6 February 2004 and 9 June 2004. Further clarifications were submitted by Italy by letter dated 20 September 2004. (4) By letter dated 16 November 2004, the Commission informed Italy that it had decided to initiate proceedings under Article 88(2) of the EC Treaty in respect of the aid measure. (5)  The Commission’s decision to initiate the proceedings was published in the Official Journal of the European Union (°). The Commission invited interested parties to submit their comments on the measures. (6)  Italy submitted observations by letters dated 4 February 2005 and 11 February 2005. (/) The Commission also received comments from other interested parties. By letter dated 22 March 2005, it forwarded those comments to Italy, which was given the opportunity to respond. Italy’s comments were received by letter dated 20 September 2005. (8) By letter dated 23 December 2005, the Commission asked for additional information, which was provided by the Italian authorities by letter dated 3 March 2006. Further clarifications were requested by letter dated 22 August 2006. Italy replied by letter dated 28 September 2006. 9) On 29 October 2008, the case was split into part A, which covers the measure with regard to Alcoa, and part B, which deals with Portovesme, ILA and Euro- allumina. The present Decision concerns Alcoa alone (part A). () 0] C 30, 5.2.2005, p. 7.