30.3.2004 Official Journal of the European Union L 91/49 COMMISSION DECISION of 23 July 2003 on research and development aid in the aviation field which Spain is planning to implement for Gamesa (notified under document number C(2003) 2518) (Only the Spanish text is authentic) (Text with EEA relevance) (2004/286/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 Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty ('), and in particular Article 7 thereof, Having called on interested parties to submit their comments pursuant to the abovementioned Article, Whereas: 1. PROCEDURE (1) By letter dated 28 June 2001, registered as received on 2 July 2001, the Spanish Permanent Representation noti- fied the proposed R&D aid measure in the aviation field for Gamesa in accordance with Article 88(3) of the EC Treaty. Further information was provided by letters dated 3 October 2001, registered as received on 5 October 2001, and 11 January 2002, registered as received on 15 January 2002. (2)  The Commission had the file analysed by an indepen- dent scientific expert. The analysis gave rise to a contract signed on 14 December 2001. (3) By letter dated 12 March 2002, the Commission informed Spain that it had decided to initiate the proce- dure provided for in Article 88(2) of the EC Treaty in respect of the proposed aid. (4) By letter dated 26 April 2002 (3, registered as received on 29 April 2002, the Spanish authorities sent the Commission their comments. (5)  The Commission's decision to initiate the procedure (referred to below as the decision of 12 March 2002 or decision to initiate the formal examination procedure) was published in the Official Journal of the European Communities on 27 April 2002. The Commission called on interested parties to submit their comments on the aid. No interested parties submitted comments within the period set by the Commission. 83, 27.3.1999, p. 1. 153, 27.6.2002, p. 14. (6) By letter dated 24 February 2003, the Commission asked the Spanish authorities for additional information. The Spanish authorities provided the information by letter dated 25 March 2003, registered as received on 26 March 2003. 2. DESCRIPTION (7 The recipient is Gamesa, which manufactures and supplies high-tech goods, equipment and services in the fields of aviation and renewable energy. The number of Gamesa's employees and its turnover exceed the thresh- olds provided for in Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises () below which an enterprise is deemed to be an SME. (8)  Gamesa is currently taking part in a development project for two new regional aeroplanes: the ERJ-170 and the ERJ-190. The project was launched by the Brazilian company Embraer. Gamesa was tasked with supplying the rear fuselage, stabilisers and the tail fin of the two aircraft. (99  Accordingly, Gamesa set up an R&D project in the Basque Country with a view to acquiring the technolo- gies necessary for developing rear sections for commer- cial aircraft, which will apply to the ERJ-170/190 project and to other future programmes as well. The project is scheduled to last four years, from 2000 to 2003. (10)  The total cost of the project is [...] (*), or [...]. (11)  The Basque Government (regional administration) plans to support the project by granting aid consisting of an interest-free loan amounting to ESP 4 621 000 000, or EUR 27 772769,34. () OJL 10, 13.1.2001, p. 33. (*) Parts of the text of this decision have been edited to ensure that confidential information is not enclosed; those parts are enclosed in square brackets and marked with an asterisk.