28.5.2005 Official Journal of the European Union L 13521 COMMISSION COMMISSION DECISION of 8 September 2004 on the measure relating to the Bioscope theme park implemented by France for ‘SMVP — Mise en valeur du patrimoine culturel (notified under document number C(2004) 2686) (Only the French text is authentic) (Text with EEA relevance) (2005/401EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having called on interested parties to submit their comments pursuant to that provision (') and having regard to their comments, Whereas: I. PROCEDURE (1) By letter of 27 March 2001, registered as received on () ) 0) 0 28 March, a complaint was sent to the Commission regarding possible State aid for the Bioscope theme park (hereinafter Bioscope) in Alsace, France. The complaint also referred to the Ecomusée d’Alsace, which was the subject of a separate Commission Decision dated 21 January 2003 (3 and is therefore not concerned by this Decision. The Commission asked France to provide information on the measure in question by letters dated 30 March 2001, 31 July 2001, 14 December 2001, 16 July 2002, 17 October 2002 and 3 December 2002. France provided  this  information by letters  dated 24 July 2001, registered as received on 26 July, 28 November 2001, registered as received the same day, 2 June 2002, registered by the Commission the same day, 25 June 2002, registered as received the same day, 8 July 2002, registered as received on 9 July, 21 October 2002, registered as received on 22 October, and 7 February 2003, registered as received on 10 February. C 20, 24.1.2004, p. 6. C 97, 24.4.2003, p. 10. G) (10) By letter of 29 October 2003, the Commission informed France that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of these measures. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). It called on interested parties to submit their comments on the measure in question. By letter of 26 January 2004, registered as received the same day, France sent its comments to the Commission. By letter of 19 February 2004, registered as received the same day, the German Federation of Theme Parks and Leisure Companies (Verband Deutscher Freizeitparks und Freizeitunternehmen  e.V., hereinafter VDFU) sent the Commission comments on the aid in question. By letter of 24 February 2004, registered as received on 25 February, the company ‘SMVP — Valorisation et animation du Patrimoine culturel’ (hereinafter SMVP) sent the Commission comments on the aid. By letters dated 26 and 27 February 2004, the Commission sent France copies of the comments made by the VDFU and SMVP. By letter of 26 March 2004, registered as received the same day, France sent the Commission its observations on the comments made by the VDFU and SMVP. By letter of 25 August 2004, registered as received on 31 August, France provided further information on the measure. () See footnote 1.