2.2.2012 Official Journal of the European Union L 30/21 COMMISSION DECISION of 31 October 2011 State aid SA. 30931 (C/11) — Romania Aid scheme for the development of air transport infrastructure (notified under document C(2011) 7863) (Only the Romanian text is authentic) (Text with EEA relevance) (2012/63/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, Whereas: 1. PROCEDURE By clectronic notification dated 17 May 2010, the Romanian authorities notified to the Commission, in accordance with Article 108(3) of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU), an aid scheme providing for public support in favour of regional airports. The notification has been registered under case number N 185/10. The Commission requested additional information on the proposed measure on 23 June 2010, 7 October 2010, 3 December 2010 and 17 March 2011. The Romanian authorities provided the information requested on 22 July 2010, 27 October 2010, 20 January 2011 and 5 April 2011. On 15 September 2010 the Romanian authorities informed the Commission of certain changes to the notified scheme, in particular as regards the number of beneficiaries. By letter of 24 May 2011 the Commission informed the Romanian authorities that it had decided to initiate the formal investigation procedure provided for by Article 108(2) TFEU in respect of the notified aid and other measures in favour of airports (hereinafter ‘the opening decision’) (!). The Commission subsequently adopted a corrigendum to that decision on 23 June 2011. The opening decision was published in the Official Journal of the European Union (3. The Commission called on interested parties to submit their comments. () The formal investigation procedure concerns both the notified scheme for public funding to support the development of airport infrastructure at small regional airports, as well as the public financing to cover operating losses granted to certain airports. () 0] C 207, 13.7.2011, p. 3. (6) (10) By letters of 27 June 2011, 5 July 2011, and 19 August 2011, Romania submitted its comments on the opening decision. The Commission received comments from three interested parties, namely Carpatair (an airline operating at Timisoara airport), Cluj-Napoca airport and the Romanian Association of Airports. The comments of the interested parties concerned both the notified scheme and the additional public funding granted to the airports as of Romania’s accession to the EU in order to cover operating losses. By letters dated 16 September 2011, the Commission forwarded the comments of the interested parties to Romania. 2. DESCRIPTION OF THE NOTIFIED MEASURE The notified measure concerns the public financing of infrastructure investments at small regional airports. The notified measure aims to support the observance of aviation safety standards at Romanian regional airports, the development of safe and viable air transport infra- structure, and improved accessibility and regional devel- opment. During the preliminary assessment phase, the Romanian authorities have clarified that regional airports in Romania are generally loss-making and that their operating losses are covered every year by the State. The Romanian authorities have provided the Commission with a comprehensive list of the public financing made available to airports in category D as of Romania’s accession to the EU. The Romanian authorities have indicated that the subsidies granted annually to the airports reached, for the most part, the level of aid exempted from the notifi- cation requirement on the basis of Commission Decision 2005/842[EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty (now Article 106(2) TFEU) to State aid in the form of public service compen- sation granted to certain undertakings entrusted with the operation of services of general economic interest () (hereinafter ‘the SGEI Decision’). () OJ L 312, 29.11.2005, p. 67.