6.10.2011 Official Journal of the European Union L 261/27 COMMISSION DECISION of 29 June 2011 concerning aid to the rendering sector in 2003 State aid C 23/05 (ex NN 8/04 and ex N 515/03) (notified under document C(2011) 4425) (Only the French text is authentic) (Text with EEA relevance) (2011/651/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(2) thereof, Whereas: I. PROCEDURE By letter of 7 November 2003, the French Permanent Representation to the European Union notified the Commission under Article 108(3) of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’) (1) of an exemption from the rendering levy for certain undertakings retailing meat. The original notification concerned, on the one hand, aid granted in 2003 and, on the other, aid planned to be granted starting in 2004. As part of the aid had already been granted, the Commission decided at the time to split the file into two cases. Of the aid granted in 2003, only the exemption from the rendering levy is being examined under this decision. The rendering levy was abolished on 1 January 2004. After that the financing of public-sector rendering plants was guaranteed by the proceeds of a ‘slaughtering tax, to which the Commission did not raise any objections (). In the context of examining the ‘slaughtering tax’ file (State aid No N515A/03), the French authorities sent the Commission information relevant also to this case, in particular by letter of 29 December 2003. With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty are replaced by Articles 107 and 108, respectively, of the TFEU. These two series of provisions are identical in substance. For the purposes of this Decision, references to Articles 107 and 108 TFEU should be considered references to Articles 87 and 88, respectively, of the EC Treaty, where necessary. State aid No N 515A/03, letter to the French authorities No C(2004) 936 fin of 30.3.2004. () (10) (11) By letter of 7 April 2005, registered on 12 April 2005, the French authorities submitted the additional information requested by the Commission by letter of 4 March 2005. The Commission initiated the procedure laid down in Article 108(2) TFEU concerning the aid in question by letter No SG(2005)D/202956 of 7 July 2005. The decision initiating the procedure was published in the Official Journal of the European Union (}). The Commission called on the other Member States and interested third parties to submit their comments on the aid in question. The French authorities provided their comments by letters dated 20 September 2005 and 15 November 2005, registered on 17 November 2005. The Commission received comments from the French Confederation of Butchers, Delicatessens and Caterers (hereinafter ‘CFBCT) on 18 October 2005 and from a private company on 17 October 2005 (*) and 11 July 2008. By letter of 18 April 2011, the French authorities confirmed that the exemption from the payment of the tax on meat purchases (rendering levy), granted for 2003 to certain companies marketing agricultural products, was covered by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (°). II. DESCRIPTION The measure in question concerns the financing in 2003 of public-sector rendering plants and the destruction of meat and bone meal that can no longer be used commercially. () OJ C 228, 17.9.2005, p. 13. () The company has requested that its identity be treated a confidential. () OJ L 379, 28.12.2006, p. 5.