24.8.2007 Official Journal of the European Union L 219/9 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 24 April 2007 on the State aid scheme implemented by Slovenia in the framework of its legislation on qualified energy producers — Case No C 7/2005 (notified under document number C(2007) 1181) (Only the Slovenian version is authentic) (Text with EEA relevance) (2007/580/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 (), Whereas: 1. PROCEDURE (1) By letter registered as received by the Commission on 1 October 2003, Slovenia submitted the ‘Programme for recovery of stranded costs in electricity generation () O] C 46, 22.2.2005, p. 3. plants in the Republic of Slovenia’ under the interim procedure referred to in Annex IV, paragraph 3, subpara- graph 1(c) to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union. This notification was registered under State aid case number SI 7/03. (2)  In the course of the exchange of letters that followed, it appeared that two power plants mentioned in the back- ground description of the notified measure benefited from another state support scheme. This other State aid scheme (hereinafter ‘the scheme) was registered as received on 6 December 2004 by the Commission under State aid case number NN 80/04. (3)  Based on the information at its disposal, the Commission had doubts as to the compatibility of certain parts of the scheme with the common market. Thus, on 2 February 2005, it adopted a decision to open a formal investi- gation under Article 88(2) of the EC Treaty (hereinafter ‘the decision to open proceedings) and called on Slovenia to submit its comments. The decision to open proceedings was published on 15 March 2005 in the Official Journal of the European Union (3). All interested parties were invited to submit their comments within one month of the date of publication. () 0] C 63, 15.3.2005, p. 2.