97/257/EC: Commission Decision of 5 June 1996 concerning guarantees of the Land Brandenburg (Germany) for investment projects in Poland (Only the German text is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

The aid which the Federal Republic of Germany intends to grant, under the Guarantee scheme of the Land Brandenburg for investment projects in Poland, to small and medium-sized enterprises as defined by the Commission recommendation of 3 April 1996 concerning the definition of small and medium-sized enterprises (OJ No L 107, 30. 4. 1996, p. 4), is compatible with the common market pursuant to Article 92 (3) (c) of the EC Treaty and Article 61 (3) (c) of the EEA Agreement.

Article 2

Any aid which the Federal Republic of Germany intends to grant under that scheme to small and medium-sized enterprises, which is based on eligible costs differing from those usually accepted by the Commission for investment aid for SMEs as referred to in point 4.1 of the SME guidelines (OJ No C 213, 19. 8. 1992, p. 2) and defined in accordance with point 18 (i) of the principles of coordination of regional aid systems (OJ No C 31, 3. 2. 1979, p. 9), and which, calculated on the basis of the eligible costs accepted by the Commission, leads to an aid intensity exceeding 15 % for small enterprises and 7,5 % for medium-sized enterprises, shall be notified individually pursuant to Article 93 (3) of the EC treaty.

Article 3

The German Government is requested to submit to the Commission an annual report on the application of the scheme.

Article 4

The German Government is reminded that the application of this scheme is subject to the rules governing the combination of aid, whether such combination involves aid for different purposes (OJ No C 3, 5. 1. 1985) or aid for the same purpose under schemes adopted by the same entity or by different entities (central, regional and/or local). In the latter case, the maximum ceiling authorized for the scheme referred to in Article 1 must not be exceeded.

Furthermore, the German Government is reminded that it must observe the Community rules and regulations applicable concerning certain sectors of industry, i.e. sectors covered by the ECSC Treaty, transport, fisheries and agriculture, including the processing and marketing of agricultural products (OJ No C 29, 2. 2. 1996, p. 4).

Article 5

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 5 June 1996.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(1) Community guidelines on State aid for small and medium-sized enterprises (SMEs) (OJ No C 213, 19. 8. 1992, p. 2).

(2) Method of calculation for loan guarantees as set out in the second indent of the Commission notice on the de minimis rule for State aid (OJ No C 68, 6. 3. 1996, p. 9).

(3) OJ No C 31, 3. 2. 1979, p. 9.

(4) COM (95) 42 final, p. 5.

(5) SI 95/1000, p. 14.

(6) See, for example, Article 6 of the proposal for the conclusion of a Cooperation Agreement with Nepal (OJ No C 338, 16. 12. 1995, p. 10), and Article 12 of the proposal for the conclusion of an interregional framework cooperation Agreement with the Southern Cone Common Market and its member countries (Argentina, Brazil, Paraguay, Uruguay) (OJ No C 14, 19. 1. 1996, p. 4).