18.12.2003 Official Journal of the European Union L 330/23 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 11 December 2002 concerning State aid scheme C 46/2001 — Central corporate treasuries (Centrales de trésorerie) implemented by France (notified under document number C(2002) 4827) (Only the French text is authentic) (Text with EEA relevance) (2003/883[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular the first subparagraph of Article 88(2) thereof, Having called on interested parties to submit their comments pursuant to the provision cited above ('), Whereas: I. PROCEDURE In 1997 the Ecofin Council adopted a resolution on a code of conduct for business taxation () with a view to putting an end to harmful tax practices. In line with the undertaking it gave in connection with that code, the Commission published in 1998 a notice on the applica- tion of the State aid rules to measures relating to direct business taxation (}) (hereinafter ‘the notice’), restating its determination to apply the rules strictly and in accord- ance with the principle of equality of treatment. The present procedure has to be viewed in this context. By letter dated 4 August 1999 (D/63323), the Commis- sion requested information on the French scheme for central corporate treasuries. The information was provided by letter of the French Permanent Representa- tion to the European Union dated 12 October 1999 (A/ 37816). 02, 27.10.2001, p. 7. JC3 JC2 61.1998, p. 1. JC3 84,10.12.1998, p. 3. 3) By letter SG(2001) D/289747 of 11 July 2001, the Commission informed France that it had decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty in respect of the tax scheme for central corporate treasuries. By letter dated 31 October 2001 (A/38577), France commented on this decision. The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (4). It invited interested parties to submit their comments on the aid. The Commission received no comments from interested parties. II. DESCRIPTION OF THE MEASURE The status of central corporate treasury, which was approved on 3 November 1998, confers special tax treatment laid down in the Instruction of 16 April 1999 issued by the Directorate-General for Taxation (herein- after ‘the Instruction’). The Instruction, which took effect on 1 January 1999, lays down the arrangements for applying Articles 39(1)(3) and 131c of the General Tax Code (hereinafter ‘the CGI'), which concern the tax treat- ment of interest paid by a company to its members on sums of money they place at its disposal. (*) See footnote 1.