10.4.2003 Official Journal of the European Union L 94/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 15 May 2002 on the aid scheme implemented by France applying a differentiated rate of excise duty to biofuels (notified under document number C(2002) 1866) (Only the French text is authentic) (Text with EEA relevance) (2003/238/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 (!) and having regard to their comments, Whereas: I. PROCEDURE PROVIDED FOR IN ARTICLE 88(2) OF THE TREATY (1)  Following an appeal by BP Chemicals Ltd (BP), in its judgment of 27 September 2000 in case T-184/97 BP Chemicals v Commission (%), the Court of First Instance partially annulled the Commission's decision of 9 April 1997 () (the decision) in which it had declared an aid scheme for biofuels (methyl esters of vegetable oils and ethyl tertiary butyl ether or ETBE), notified by France by letter dated 29 November 1996, to be compatible with the common market. () OJ C 60, 24.2.2001, p. 4. (3) [2000] ECR II-3145. () SG(97) D[3266. (2) By letter dated 28 April 1997, the Commission had notified France of its decision not to raise any objections to the provisions relating to the State aid involved in the exemption from the domestic tax on petroleum products which France intended to grant to certain volumes of ETBE and methyl esters. (3) By application lodged at the Court of First Instance on 20 June 1997, BP Chemicals Ltd appealed against the Commission's decision. (4 In its judgment of 27 September 2000, the Court of First Instance gave the following ruling: ‘1. Dismisses as inadmissible the action brought against Commission Decision SG(97) D[3266 of 9 April 1997 concerning an aid scheme for biofuels in France in so far as that Decision relates to measures applicable to the esters sector. 2. Annuls the contested decision to the extent to which it relates to measures concerning the ETBE sector. (5)  The judgment was notified to the Commission on 2 October 2000. (%) (6)  Pursuant to Article 233 of the Treaty, the Commission is required to take the necessary measures to comply with the judgment of the Court of First Instance. (* The Commission lodged an appeal against the judgment.