State aid

(Articles 87 to 89 of the Treaty establishing the European Community)

Commission notice pursuant to Article 88(2) of the EC Treaty, addressed to the other Member States and interested parties

State Aid C 1/03 (ex N 708/01) - Lip Bremen - Germany

(2003/C 233/02)

(Text with EEA relevance)

By the following letter dated 25 July 2003, the Commission has informed Germany of its decision to close the procedure laid down in Article 88(2) of the Treaty.

"After examining the information provided by your authorities, the Commission has decided to terminate the proceeding under Article 88(2) EC with regard to parts of the above aid measure.

1. PROCEDURE

The scheme was notified to the Commission under an accelerated procedure on 8 October 2001. By letters dated 14 November 2001, 15 February, 29 May and 10 October 2002, the Commission requested additional information which was provided by the German authorities by letters dated 17 December 2001, 26 March 2002 (registered on the following day) and 31 October 2002 (registered on the same day).

The German authorities' replies indicated that the regional aid and aid to SMEs components of the programme do not need approval, since they are either covered by a scheme that has already been approved (Bremerhaven Regional aid programme, part of aid N 209/99, approved by the Commission by letter of 2 August 2000, reference No D/105750)(1), or are being carried out in accordance with 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(2). The Commission still had to determine therefore whether the environmental measures carried out under the scheme are compatible with the Community guidelines on State aid for environmental protection(3).

By their letter of 31 October 2002, registered on the same day, the German authorities answered some of the Commission's questions and explained that they now regarded the notification as complete, since the additional information requested had already been provided (see Article 5(3) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty(4)).

On 21 January 2003 the Commission decided to initiate proceedings under Article 88(2) EC, since it still had some doubts about the compatibility of the measures in question with the EC Treaty(5).

By letter dated 20 February 2003, registered on the same day, the German authorities informed the Commission that the schemes concerned would be removed from the investment promotion programme and not replaced.

2. THE MEASURE

For a complete description of the proposed measure, see the abovementioned letter by which the Commission initiated the proceeding under Article 88(2) EC.

3. ASSESSMENT

Withdrawal of the scheme has rendered the investigation superfluous.

4. CONCLUSION

The Commission has therefore decided to terminate the proceeding under Article 88(2) EC on the grounds that it is no longer necessary."

(1) OJ C 284, 7.10.2000, p. 7.

(2) OJ L 10, 13.1.2001, p. 33.

(3) OJ C 37, 3.2.2001, p. 3.

(4) OJ L 83, 27.3.1999, p. 1.

(5) OJ C 58, 13.3.2003, p. 11.