2.6.2012 Official Journal of the European Union L 1437 DECISIONS COMMISSION DECISION of 11 January 2012 on State aid C 21/10 (ex E 1/10) — Finland following the non-acceptance of the appropriate measures for the Fisheries Insurance Scheme after the adoption by the Commission of revised Guidelines for the examination of State aid to fisheries and aquaculture (notified under document C(2011) 10065) (Only the Finnish and Swedish texts are authentic) (Text with EEA relevance) (2012/287/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union and in particular paragraphs 1 and 2 of Article 108 thereof, Having called on interested parties to submit their comments (') pursuant to the provisions cited above, Whereas: 1. PROCEDURE In 2004, the Commission adopted revised Guidelines for the examination of State aid to fisheries and aquaculture (thereafter ‘the Guidelines) (3. By letter of 21 October 2004, pursuant to point 5.2 of these Guidelines, the Commission requested Member States, inter alia Finland, to modify their existing aid schemes in order to make them compatible with these new Guidelines at the latest for 1 January 2005 and to confirm in writing that they accept the proposals for appropriate measures no later than 15 November 2004 (). By letters of 15 November 2004, 20 January 2005 and 14 June 2005, Finland indicated that they did not agree to amend the aid scheme ‘Fisheries Insurance Scheme’ in order to make it compatible with these new Guidelines. That scheme was notified to the Commission on 27 April 1995 on the basis of Article 144 (a) of the Treaty of Accession of the Republic of Finland to the European Union, and subsequently was deemed to be existing aid within the meaning of Article 88(1) of the EC Treaty (now Article 108 TFEU). () OJ C 273, 9.10.2010, p. 6. () O] C 229, 14.9.2004, p. 5. (}) Acceptance of the 2004 Guidelines was published in O] C 278, 11.11.2005, p. 14. (3) ) (6) A meeting was held between the Commission and Finland on 11 October 2005. Finland sent additional information by letter of 24 November 2005. The Guidelines were again revised in 2008 (*) and the Commission requested also Member States, by letters of 15 April 2008, to modify their existing schemes by 1 September 2008 at the latest (%). Finland replied by letter of 30 May 2008 that it was still prepared to amend its Fisheries Insurance Scheme as proposed in 2005 but not to the extent required by the appropriate measures. A new meeting was held on 6 March 2009 between the Commission and Finland. A last request for information was sent by the Commission on 1 October 2009, indicating that, in case Finland does not accept the proposed appropriate measures, the Commission would be obliged to follow the procedure of Articles 19(2) and Article 4(4) of Council Regulation (EC) No 659/1999 (®) and initiate the formal investigation procedure laid down in Article 108(2) TFEU. Finland replied by letter of 18 November 2009. As Finland has not accepted in its entirety the proposal for modification in respect of this scheme, the Commission decided to initiate that procedure. That decision was notified by letter of 15 September 2010 which was published in the Official Journal (7). Finland replied by letter of 15 November 2010. In addition, following the publication of the decision in the Official Journal, the Commission received () O] C 84, 3.4.2008, p. 10. (°) Acceptance of the 2008 guidelines was published in O] C 115, 20.5.2009, p. 15. (¥ OJ L 83, 27.3.1999, p. 1. (') See footnote 1.