4.1.2011 Official Journal of the European Union L 1/9 DECISIONS COMMISSION DECISION of 20 July 2010 on the State aid scheme C 38/09 (ex NN 58/09) which Spain is planning to implement for Corporacién de Radio y Television Espaiiola (RTVE) (notified under document C(2010) 4925) (Only the Spanish text is authentic) (Text with EEA relevance) (2011/1/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 Protocol No 29 on the system of public broadcasting in the Member States annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union (1), 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 22 June 2009, the Commission received a complaint drawing attention to plans of the Spanish government to amend the system of financing of the national radio and television broadcaster Corporacién de Radio y Television Espafiola (RTVE). On 5 August 2009 the Commission requested information from Spain concerning this amendment, in particular on the relationship between the new levies and the funding of RTVE. On 1 September 2009 the new Law 8/2009 of 28 August 2009 on financing Corporaciéon de Radio y Television Espaiiola (), amending Law 17/2006 of 5 June 2006 on state-owned radio and television (%), entered into () OJ C 115, 9.5.2008, p. 312. () O] C 8, 14.1.2010, p. 31. () Official State Gazette [Boletin Oficial del Estado- BOE)] 210, 31.8.2009, p. 74003. (% Official State Gazette 134, 6.6.2006, p. 21207. force. On 21 September, 22 and 26 October 2009 Spain submitted the requested information on the scheme to the Commission. (2) By letter dated 2 December 2009, the Commission informed Spain that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) in respect of the measure. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (°). The Commission invited interested parties to submit their comments on the aid measure. (3)  Spain responded to the decision to open the procedure by letter of 21 December 2009. The Commission received comments from interested parties. It forwarded them to Spain, which was given the opportunity to react; its comments were received by letter dated 23 March 2010. (4)  The Commission asked additional questions by letters of 19 February and 19 May 2010, to which the Spanish authorities responded by letters of 22 March and 31 May 2010. (5)  On 18 March 2010, by a letter of formal notice pursuant to Article 258 TFEU, the Commission opened infringement proceedings on the grounds that the tax on electronic communications was contrary to Article 12 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic ~communications networks and services (Authorisation Directive) (%), which lays down precise rules relating to the adminis- trative charges that Member States can levy on companies providing a telecommunications service or network. The State aid investigation is without prejudice to the infringement procedure. () See footnote 2. (®) OJ L 108, 24.4.2002, p. 21; concerning the infringement procedure see Commission press release IP[10/322.