L 142/26 Official Journal of the European Union 6.6.2005 COMMISSION DECISION of 22 September 2004 on the State aid which the United Kingdom is planning to implement for British Energy plc (notified under document number C(2004)3474) (Only the English text is authentic) (Text with EEA relevance) (2005/407[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 pur- suant to the provision(s) cited above (!) and having regard to their comments, Whereas: I. PROCEDURE (1) On 9 September 2002, the United Kingdom (UK) Govern- ment put in place a rescue aid package for the UK electric- ity company British Energy plc (BE). The Commission took a decision not to raise objection in this case on 27 Novem- ber 2002 (?). Under that decision, the UK authorities had until 9 March 2003 to submit a restructuring or liquida- tion plan for BE, or to demonstrate that the aid had been repaid. (2)  On 7 March 2003, the UK authorities notified a restruc- turing plan to the Commission. The submission by the UK Government was registered under State aid case number NN 45/2003 since certain restructuring measures possibly containing aid had already entered into force. Further information was submitted on 13 March 2003. A meeting between representatives of the Commission and of the UK authorities took place on 28 March 2003. The Commis- sion sent the UK authorities a request for information on 21 April 2003, to which the UK authorities replied on 2 May 2003. (1) OJ C 180, 31.7.2003, p. 5. () O] C 39, 18.2.2003, p. 15. G) ) By letter dated 23 July 2003, the Commission informed the United Kingdom that it had decided to initiate the pro- cedure laid down in Article 88(2) of the EC Treaty in respect of the aid. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (). The Commission called on interested parties to submit their comments. The UK authorities provided the Commission with their comments on the opening of the procedure by letter dated 22 August 2003, registered by the Commission on the same day. The Commission received comments from interested par- ties. It forwarded them to the United Kingdom, which was given the opportunity to react; its comments were received by letter dated 29 October 2003, registered by the Com- mission on 30 October 2003. The Commission met the United Kingdom authorities on 7 October 2003. Following that meeting, the United King- dom submitted information in a letter dated 5 November 2003, registered on 10 November 2003. Another meeting took place on 28 November 2003. The Commission sent a request for information to the United Kingdom on 5 December 2003 to which the United Kingdom replied on 22 December 2003. Another meeting took place on 2 February 2004. The United Kingdom submitted informa- tion on 4 February 2004. New information was submitted by the United Kingdom on 10 March 2004. A meeting took place on 22 March 2004. The Commission sent a new request on 19 April 2004 to which the United King- dom replied on 11 May 2004. A meeting took place on 7 June 2004. New information was submitted on 1 July 2004 and a meeting was held on 29 July 2004. The United Kingdom submitted further information on 23 August 2004 See footnote 1.