6.2.2004 Official Journal of the European Union L 34/63 COMMISSION COMMISSION DECISION of 29 October 2003 on measures in favour of non-profit harbours for recreational crafts, the Netherlands (notified under document number C(2003) 3890) (Only the Dutch text is authentic) (Text with EEA relevance) (2004/114[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above (') and having regard to their comments, Whereas: I. PROCEDURE By letter dated 1 March 2001, a complaint was filed with the Commission on the possible distortion of competition between marinas in the Netherlands. Dutch marinas are operated by both non-profit making organi- sations (usually sailing clubs) and private undertakings. According to the complainant several non-profit making marinas had received State aid to build or maintain their moorings. This enables these marinas, for instance, to offer a lower rental price of the moorings for tourists who are passing by with their recreational craft. At first the complaint was focused on a single project in Enkhuizen called Gependam-project, where, according to the complainant, the local sailing club had received substantial aid in the form of an excessively low purchase price for an aquatic area. The Commission asked the Dutch authorities questions by letter dated 11 April 2001 (D/51551) and the Dutch authorities replied by letter dated 24 May 2001. () O] C 69, 22.3.2003, p. 4. 3) After being informed of this correspondence, the complainant sent additional information on this case and six other cases by various letters during the course of 2001. By letter dated 11 February 2002 (D/50569), the Commission asked the Dutch authorities for detailed information on all seven cases. At the request of the Dutch authorities, a bilateral meeting between the services of the Commission and the Dutch authorities took place on 3 May 2002. The Dutch authorities sent answers to the questions and additional information (reports) by letters dated 10 July 2002 and 2 August 2002. On the basis of the information received, the Commis- sion drafted an overview of the seven cases, which was sent to the complainant by letter dated 8 August 2002. This overview distinguished three cases for which it could not be excluded whether State aid within the meaning of Article 87(1) was at stake, and four cases for which the Commission's preliminary opinion was that no State aid within the meaning of Article 87(1) was at stake. By letter dated 3 September 2002 the complainant agreed on this overview and provided additional infor- mation on the three remaining cases. By letter dated 5 February 2003, the Commission informed the Netherlands of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of these three remaining cases. By letter dated 22 April 2003, the Dutch authorities submitted their comments together with further information. The Commission decision to initiate the procedure was published in the Official Journal of the European Union on 22 March 2003 (3). The Commission called on interested parties to submit their comments. () 0] C 69, 22.3.2003, p. 4.