29.5.2006 Official Journal of the European Union L 1401 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 October 2004 on the State aid partly implemented by France for the ‘Sernam’ company (notified under document number C(2004)3940) (Only the French text is authentic) (Text with EEA relevance) (2006/367EC) 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 regard to the Agreement on the European Economic Area, and in particular the first subparagraph of Article 62(2) thereof, Having regard to the Community Guidelines on State aid for rescuing and restructuring firms in difficulty, (') Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, (%) Having called on interested parties to submit their comments pursuant to those provisions and having () regard to their comments, Whereas: () OJ C 288, 9.10.1999, p.2. () O] L 83, 27.3.1999, p.1. Regulation last amended by Regulation (EC) No 794/2004 (O] L 140, 30.4.2004, p.1). () OJ L 182, 1.8.2003, p.2. 1. PROCEDURE By letter of 23 May 2001 (No D/288742), the Commis- sion informed France of its decision to authorise re- structuring aid for Sernam (hereinafter referred to as the ‘decision of 23 May 2001’ or the ‘Sernam 1 decision’). By letter of 17 June 2002 (registered on the same day under No A/60693), the French authorities submitted a first annual report on the restructuring of Sernam and a new memorandum of understanding between SNCF and Geodis, indicating that the aid approved on 23 May 2001 had been implemented under conditions different from those on the basis of which the Commis- sion had taken its decision of 23 May 2001. By letter of 30 October 2002 (registered on 31 October 2002 un- der No A[69194), France transmitted additional infor- mation. On 27 November 2002 the Commission sent a letter to France to which it replied by letter of 30 January 2003 (registered on 31 January 2003 under No A[12246). Meetings between the French authorities and the Commission took place on 29 August 2002, 25 February 2003 and 22 March 2004. Additional information was supplied by the French authorities at the meeting of 22 March 2004 and by letter of 14 April 2004. The Commission commissioned an independent expert to carry out market research, the report of which was submitted in early June 2004.