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 (Text with EEA relevance)
Date: 2003-09-30
Institutions: European Commission
Subjects: Germany, State aid, aid to undertakings, control of State aid, environmental protection, small and medium-sized enterprises

C 233/2

EN

Official Journal of the European Union

30.9.2003

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 Commission requested additional

The scheme was notified to the Commission under an accel-
erated procedure on 8 October 2001. By letters dated 14
November 2001, 15 February, 29 May and 10 October
2002,
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
environmental measures
determine
the scheme are compatible with the
carried out under
Community
environmental
aid for
protection (3).

guidelines on State

therefore whether

the

as

complete,

questions and explained that they now regarded the notifi-
cation
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)).

additional

since

the

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.

the scheme has rendered the investigation

3. ASSESSMENT

Withdrawal of
superfluous.

4. CONCLUSION

By their letter of 31 October 2002, registered on the same day,
the German authorities answered some of the Commission's

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.