L 323/12 Official Journal of the European Union 7.11.2014 COMMISSION DECISION of 9 July 2014 on the aid scheme SA.18042 (2013/C) (ex MX 17/2009) (ex NN 61/2004) implemented by Spain on excise duty exemption for biofuels (notified under document C(2014) 4530) (Only the Spanish text is authentic) (Text with EEA relevance) (2014/766[EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(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 (1) Since 2006, the Directorate-General for Competition has carried out each year an ex-post monitoring exercise of a sample of aid measures implemented by Member States. The Spanish excise duty exemption for biofuels scheme (case No NN 61/2004) was approved by the Commission by decision C(2006) 2293 of 6 June 2006. This scheme was included in the 2009/2010 monitoring exercise under reference MX 17/2009, in the context of which the Commission examined how Member States had implemented a sample of existing schemes in 2009. (20 The Commission decided to include this scheme again in the 2011/2012 monitoring exercise, in the context of which the Commission examined how Member States had implemented a sample of existing schemes during the period 2009-2010. (3)  In the light of the information provided by Spain during the monitoring exercise, the Commission had doubts about the proper implementation of the scheme by the Spanish authorities. Consequently, it decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU). The Commission informed Spain of its decision by letter dated 17 July 2013. (4)  Spain provided its observations on 20 September 2013. (5)  The Commission decision to initiate the formal investigation procedure was published in the Official Journal of the European Union on 7 February 2014 (%). The Commission invited interested parties to submit their comments. (6)  The Commission received comments from the biofuels section of the Spanish Association of Renewable Energy Producers (APPA Biocarburantes) on 5 March 2014. It forwarded them to Spain, which was given the opportunity to react. On 6 May 2014 the Spanish authorities indicated that they did not wish to comment on the observations received from third parties. () OJ C 37, 7.2.2014, p. 44. (?) See footnote 1.