8.1.2011 Official Journal of the European Union L 5/11 DECISIONS COMMISSION DECISION of 20 July 2010 on the parafiscal charge for the promotion of wine applied by Portugal C 43/04 (ex NN 38/03) (notified under document C(2010) 4891) (Only the Portuguese text is authentic) (2011/6/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union (TFEU) ('), and in particular the first subparagraph of Article 108(2) thereof, Having called on interested parties to submit their comments pursuant to the provision cited above (?), Whereas: I. PROCEDURE Following a complaint, the European Commission, by letter of 20 January 2003, put a number of questions to the Portuguese authorities concerning a parafiscal charge for the promotion of wine, levied by the Instituto da Vinha e do Vinho (Vine and Wine Institute), and measures funded by the revenue from that charge. The Permanent Representation of Portugal to the European Union replied to the Commission by letter of 14 March 2003. Additional information was sent by letters of 4 August, 2 September 2003, 24 February and 15 July 2004 in response to the questions asked by the Commission by faxes of 14 May and 22 December 2003. Since the provision in question was applied from 1995 without any prior authorisation from the Commission, it was entered in the register of unnotified aid. In fact, the measures applied by Portugal is new aid, not notified to () As of 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The wording of both sets of provisions is identical. For the purposes of this decision, references to Articles 107 and 108 of the TFEU must be understood, where appropriate, as referring to Articles 87 and 88 respectively of the EC Treaty. () 0] C 92, 16.4.2005, p. 12. the Commission and, accordingly, illegal within the meaning of Article 1(f) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (%) (now Article 108 of the TFEU). By letter of 6 December 2004 (C(2004) 4522), the Commission notified Portugal of its decision to initiate the formal examination procedure provided for in Article 108(2) of the TFEU in relation to this aid. The Commission’s decision to initiate the procedure was published in the Official Journal of the European Union (*. The Commission invited interested parties to submit observations concerning the measure in question. The Portuguese authorities submitted their observations by letters dated 11 and 13 January 2005. They supple- mented their reply by letter of 24 May 2006. The Commission did not receive any observations from interested third parties. II. DESCRIPTION OF THE AID This section briefly summarises the context and the salient facts with regard to the measures examined in this decision. The details are set out in the decision on initiation of the procedure referred to in recital 4. 1. The Vine and Wine Institute The IVV is a public body established in 1986 to guarantee the control and general coordination of the vine and wine sector in Portugal. In accordance with the provisions of Decree-Law No 99/97 of 26 April 1997 establishing the ‘Organic law of the IVV’ (%), its general tasks are the support, study, control, supervision and promotion of the production and marketing of wines and wine products and for these purposes it possesses administrative and financial autonomy. () O] L 83, 27.3.1999, p. 1. (*) See footnote 2. (°) Decree-Law No 99/97 of 26 April 1997 (DR No 97 I-A of 26.4.1997).