6.2.2007 Official Journal of the European Union L 321 Il (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 18 February 2004 on State aid C27/2001 (ex NN 2/2001) concerning the implementation in France of a programme to control pollution of agricultural origin (PMPOA) during the period 1994 to 2000 (notified under document number C(2004) 415) (Only the French text is authentic) (2007/51/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, by the Commission by letter dated 11 July 2000. The French authorities replied by letter dated 26 December 2000. Having regard to the Treaty establishing the European Commu- N ) ) nity, and in particular the first subparagraph of Article 88(2) (2) On 13 February 1991 France notified a State aid relating to thereof, aid for investments in individual pig farms in favour of the environment. The Commission authorised the aid by letter of 11 December 1991 (3). In addition, on 20 April 1993, as part of a part-financed structural programme and in accordance with Article 29(4) of Council Regulation (EEC) No 2328/91 of on improving the efficiency of agricultural structures (*), France forwarded DEPSE/SDEE Having asked interested parties to submit their observations in accordance with that Article (!) and having regard to those observations, circulars No 93-7005 of 2 March 1993 and No 7027 of 5 November 1992 on investment aid in the beef and veal sector. In accordance with Regulation (EEC) No 2328/91 on 29 July 1993 the Commission adopted a Decision Whereas: authorising a Community financial contribution to that joint measure (¥). However, the national aid was not notified to the Commission within the meaning of Article 88(3) of the Treaty (°). The French authorities declared that L PROCEDURE those provisions, which predated the entry into force of the PMPOA, had been integrated into it by DEPSE circular (1) Following information received by the Commission on the () State aid N 136/91. existence in France of a programme to control pollution of () OJL 218, 6.8.1991, p. 1. agricultural origin (Programme de maitrise des pollutions (*) C(93) 1888. C) d'origine agricole’” — hereafter called PMPOA or the Cf. ruling of the Court of First Instance of the European programme) the Commission sent a letter to the French Communities of 15 September 1998 in Joined Cases T-126/96 authorities on 24 February 2000 requesting information on and T-127/96, Breda Fucine Meridionali SpA and others v the the application of that programme since 1994. By letter Commission, ECR [1998] 1I-3437. The Court accepted the Commis- dated 31 May 2000 France confirmed that the PMPOA had sion’s argument that a communication from a Member State could not be accepted as a valid notification if it did not explicitly mention Article 93(3) of the Treaty and was not presented to the Secretariat- - General. The measures in question had therefore to be considered as () OJC179,23.6.2001, p. 18. non-notified. existed since 1994. Additional information was requested