23.3.2006 Official Journal of the European Union L 84/37 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 June 2005 on the aid measures implemented by the Netherlands for AVR for dealing with hazardous waste (notified under document number C(2005) 1789) (Only the Dutch version is authentic) (Text with EEA relevance) (2006/237EC) 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 By letter of 7 January 2003 (registered as received on 10 January under No A[30189), the Netherlands notified operating aid for AVR Nutsbedrijf Gevaarlijk Afval B.V. (hereinafter ‘AVR Nuts) for treating hazardous waste in the Netherlands with a view to disposal. The bulk of the aid was for the incineration of such waste in two rotating drum furnaces (RDFs)). The Netherlands invoked Article 86(2) of the Treaty and asked the Commission to decide that the measure does not constitute state aid within the meaning of Article 87(1) of the Treaty since it represents appropriate compensation for the obligation to provide a () OJ C 196, 20.8.2003, p. 5, and OJ C 250, 9.10.2004, p. 6. service of general economic interest (‘SGEI) within the meaning of Article 86(2) of the Treaty. The case was registered under No N 43/2003. The Commission requested additional information by letters of 7 February 2003 (D/50847) and 22 April 2003 (D/52566). The Netherlands submitted that infor- mation by letters of 24 March 2003 (registered as received on 28 March 2003 under No A[32279) and 19 June 2003 (registered as received on 25 June under No A[34394). Representatives of the Netherlands and of the Commission met on 21 May 2003. Two competitors submitted a joint complaint on the aid by letter of 2 May 2003 (registered as received on 5 May under No A[33155). By letter of 20 May 2003 (registered as received the same day under No A[33548), they informed the Commission that a subsidiary of one of them supported the complaint as well. By decision C(2003)1763 of 24 June 2003, the Commission initiated the Article 88(2) procedure in respect of the notified measure. The case was registered as aid measure No C 43/2003. This decision was sent to the Netherlands by letter of 26 June 2003 (D/230250). It was published in the Official Journal of the European Union dated 20 August 2003 (). The Commission received comments from four interested parties (registered under Nos A[36309, A[36463, A[36645, A|36679, A[36870, A[37077, A[37480 and A[37569), including from the two competitors that had submitted the complaint in May, also on behalf of another company belonging to the group to which one of the two original competitors belongs (hereinafter these four entities together are referred to as ‘the two joint competitors). The () See footnote 1.