23.7.2011 Official Journal of the European Union L 19327 COMMISSION DECISION of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Xrysos SA (notified under document C(2011) 1006) (Only the Greek text is authentic) (Text with EEA relevance) (2011/452/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 regard to the decision by which the Commission decided to initiate the procedure laid down in Article 108(2) TFEU ('), in respect of the aid C 48/08 (ex NN 61/08) (3), 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)  On 9 July 2007, the Commission received a complaint alleging that Greece had granted two State aid measures in favour of Ellinikos Xrysos SA (hereinafter: ‘Ellinikos Xrysos).  After exchanges of information, on 10 December 2008 the Commission opened the formal investigation procedure on the alleged measures. (2)  Greece submitted its comments to the Commission’s opening decision on 23 February 2009. (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU; the two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. () Commission Decision D(2008) 7853 final of 10 December 2008 (O] C 56, 10.3.2009, p. 45). (3)  The opening decision was published in the Official Journal of the European Union on 10 March 2009 (*). Comments were received from four interested parties: from Ellinikos Xrysos, the beneficiary of the alleged measures, on 10 April 2009; from European Goldfields Ltd, the main shareholder of Ellinikos Xrysos, on 10 April 2009; from the Cassandra Mines trade unions on 2 April 2009; from the Hellenic Mining Watch, a Greek society whose purpose is the ‘protection of the environment and the public against the negative conse- quences of mining and safeguarding of the national wealth’ (4), on 6 April 2009. (4)  The comments were transmitted to Greece by letters of 6 May 2009 and 7 July 2009. Greece replied to the interested parties’ comments by letters of 3 June 2009, 20 July 2009 and 23 September 2009. (5)  The Commission requested further information from the Greek authorities on 19 June 2009, 11 December 2009 and 22 April 2010, to which Greece and Ellinikos Xrysos replied by letters of 23 July 2009, 29 July 2009, 15 January 2010, 11 February 2010, 12 February 2010, 4 May 2010 and 27 May 2010. Further informal exchange of information took place by e-mail in May 2010 between the Commission services and the Greek authorities. Meetings took place between the Commission services and the Greek authorities on 11 February 2009 and 24 June 2010, as well as between the Commission services and the alleged bene- ficiary on 2 February 2009 and 26 June 2009. II. DETAILED DESCRIPTION OF THE AID [.a. BACKGROUND INFORMATION ON MINING RIGHTS AND PERMITS (6) A mining right is the right to enter upon and occupy a specific piece of ground for the purpose of working it, either by underground excavations or open workings, to obtain the mineral ores which may be deposited therein. It is transferred with the mining property, as an integral part of it. () See footnote 2. (*) As defined in its submission to the Commission.