L 59/44 Official Journal of the European Union 4.3.2011 COMMISSION DECISION of 20 July 2010 on State Aid C 27/09 (ex N 34/B/09) Budgetary grant for France Télévisions which the French Republic plans to implement in favour of France Télévisions (notified under document C(2010) 4918) (Only the French text is authentic) (Text with EEA relevance) (2011/140/EV) 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: [. PROCEDURE (1) By letter dated 23 January 2009, the French Republic notified the Commission of its intention to provide a budgetary grant of EUR 450 million, already committed in a finance law, in favour of France Télévisions for 2009. On 13 March 2009, the Commission requested additional information, which France provided on 25 May 2009. In this letter, the French Republic extended the object of the notification, expressing its intention to introduce a permanent, multi- annual public financing mechanism in favour of France Télévisions, part of which will be an annual grant. ) In its letter of 1 September 2009, the Commission considered that the budgetary grant voted for 2009 was compatible with the internal market pursuant to Article 106(2) of the Treaty on the Functioning of the European Union (below: ‘TFEU’) and informed France of its decision to initiate the procedure laid down in Article 108(2) of the TFEU concerning the new public financing mechanism in favour of France Télévisions for the following years. (3)  The French Republic presented its comments on 7 October 2009. () O] C 237, 2.10.2009, p. 9. (4)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the aid measure in question. (5)  The Commission received comments on this subject from interested parties. It communicated them to the French Republic, giving it the opportunity to comment on them, and received its comments by letter of 15 January 2010. (6) On 23 April, 19 May and 22 June 2010, the French Republic provided the Commission with particulars and additional information. II. DETAILED DESCRIPTION OF THE FINANCING MECHANISM (7  The multiannual financing mechanism which is the subject of this Decision comes within the context of the financing of the public service missions of France Télévisions which the Commission examined in its Decisions dated 10 December 2003 (}), 20 April 2005 (%, 16 July 2008 (°) and 1 September 2009 (9). It nevertheless constitutes a separate measure from those covered by the 2003, 2005 and 2008 decisions. More specifically, the budgetary grants described in more detail below will replenish the public resources allocated to France Télévisions under the television licence fee (contribution a Taudiovisuel public), previously known as the redevance, which was the subject of the Commission Decision of 20 April 2005 and which, as existing aid, is not modified by the new provisions. These two public resources are intended to cover the cost of the public service mission of France Télévisions, reduced by the net commercial revenues remaining. I1.1. Principal legal bases (8)  The principal terms of the new public financing mechanism are contained in Law No 2009-258 of 5 March 2009 on audiovisual communication and the new public television service (loi n° 2009-258 du 5 mars 20009 relative a la communication audiovisuelle et au nouveau 2) See footnote 1. ) ( (}) Commission Decision 2004/838/EC (O] L 361, 8.12.2004, p. 21). (*) Commission Decision C(2005) 1166 final (O] C 235, 30.9.2005). (°) Commission Decision C(2008) 3506 final (O] C 242, 23.9.2008). ( ) ommission Decision 2009/C 237/06 (O] C 237, 2.10.2009, p. 9). 5 C C ) C 6 C