2000/395/EC: Commission Decision of 22 December 1999 on State aid implemented by Germany in favour of Entstaubungstechnik Magdeburg GmbH (notified under document number C(1999) 5205) (Text with EEA relevance) (Only the German text is authentic)

• Articles: 3

Article 1

The measures which Germany has implemented in favour of Entstaubungstechnik Magdeburg GmbH ("ETM") and which fall to be considered under this Decision amount to DEM 22,752 million and are compatible with the common market within the meaning of Article 87(3)(c) of the EC Treaty and Article 61(3)(c) of the EEA Agreement. The aid concerned comprises:

(a) a grant by the Bundesanstalt for vereinigungsbedingte Sonderaufgaben (BvS) at the time of privatisation (DEM 9,5 million);

(b) loans from the BvS in 1996 and 1997 (DEM 12,2 million);

(c) an R & D grant by the BvS (DEM 529 000);

(d) investment grants in 1996 and 1997 (DEM 523 000).

Article 2

Germany should submit a report every year on the implementation of the restructuring plan.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 22 December 1999.

For the Commission

Mario Monti

Member of the Commission

(1) OJ C 215, 19.8.1995, p. 8, and OJ C 298, 9.10.1996, p. 2.

(2) OJ C 298, 9.10.1996, p. 2.

(3) OJ L 314, 8.11.1997, p. 20.

(4) Pyrolysis is an incineration process whereby organic matter is decomposed through the action of intense heat in the absence of oxygen. It typically occurs under pressure and at temperatures above 430 °C. The recovered solid materials can be used, for example, in the construction industry and the recovered gases for power generation.

(5) For example in 1997 it made a loss of DEM 4,9 million on its normal commercial activities after losing DEM 7,4 million in 1996 under the same heading.

(6) The table contains only a selection of key data; the individual columns are not complete from an accounting point of view.

(7) On the market for recycling and environmental technologies generally, see Panorama of EU industry 1997, Section 19; the only potentially declining market is that for the treatment of chemical solvents.

(8) Recital 22.

(9) As regards the aid granted before 31 December 1994, see the Commission Decisions on the activities of the Treuhandanstalt in Cases NN 108/91 and E 15/92. As regards the aid granted in 1995, see also the Commission Decision in Case N 768/94.

(10) In State aid Case NN 117/92, financial assistance for environmental protection measures, intended to be at the same time measures for job creation, was considered by the Commission not to be aid within the meaning of Article 87/1) of the EC Treaty.

(11) Investment Allowance Act: measures under the Act qualify as regional investment aid under Article 87(1) of the EC Treaty and were authorised by the Commission under the derogation in Article 87(3)(a) (authorised aid scheme N 494/A/95).

(12) OJ C 368, 23.12.1994, p. 12.

(13) See Section 7 of the Guidelines (OJ C 288, 9.10.1999, p. 2).

(14) Recital 10.

(15) Recital 10.

(16) Recital 18.

(17) Recitals 21 and 22.