Article 2
This Decision is addressed to the French Republic. Done at Brussels, 11 April 2000. For the Commission Mario Monti Member of the Commission (1) OJ C 70, 13.3.1999, p. 10. (2) See footnote 1. (3) Before Law No 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service (Official Gazette of the French Republic of 11 February 2000, p. 2143). (4) Business secret. (5) The reference rate used by the Commission in order to measure the aid element of subsidies is 4,76 % as at 1 August 1999. (6) On the basis of the information provided by the French authorities on 21 Januay 1998, the Commission included in its decision to initiate the procedure a commercial incentive of FRF 6,6 million (EUR 1,01 million) for the installation of a fourth drying machine. In their letter of 28 June 1999 the French authorities provided proof that the fourth machine had not been installed. The Commission therefore removed the incentive for that machine from the calculation of the discount. (7) In their letter of 4 September 1998 the French authorities stated that EDF had demanded reimbursement of the sums for the paper machine and the infrared equipment generating additional consumption of 1,2 GWh which had been out of use since the end of 1997. Since they acknowledge in their letter of 28 June 1999 that the incentive has not been paid back, the Commission is including the sum of FRF 230000 (EUR 35063) in the calculation. (8) Joined Cases 67, 68, and 70/85 Van der Kooy [1988] ECR 219. (9) OJ C 213, 19.8.1992, p. 2. (10) Letter of 4 September 1998, p. 3. (11) See footnote 9. (12) Study IV/96/1178/ETD/01 "Tariffs and cost consequences of the EDF monopoly", carried out by National Economic Research Associates (NERA), February 1997. (13) See recital 43. (14) OJ C 307, 13.11.1993, p. 3.