2003/706/EC: Commission Decision of 23 April 2003 on the aid scheme implemented by Germany entitled "Guarantee schemes of the Land of Brandenburg for 1991 and 1994" — State aid C 45/98 (ex NN 45/97) (Text with EEA relevance.)(notified under document number C(2003) 1217)
1. Subject to paragraphs 2 and 3, the guarantee scheme of the Land of Brandenburg for industry, the professions and agriculture/forestry for the period from 5 September 1991 to 16 May 1994 (hereinafter called the 1991 guarantee scheme) and the guarantee scheme of the Land of Brandenburg for the period from 17 May 1994 to 20 March 1995 (hereinafter called the 1994 guarantee scheme) constitute State aid within the meaning of Article 87(1) of the EC Treaty.
2. The guarantee schemes do not constitute State aid within the meaning of Article 87(1) of the EC Treaty in so far as the advantages they conferred satisfy the requirements of Regulation (EC) No 69/2001 or of the de minimis provisions in force at the time a particular measure was implemented and, in combination with other de minimis aid, do not exceed the de minimis ceilings of Regulation (EC) No 69/2001 or of the applicable de minimis provisions.
3. The guarantee schemes do not constitute State aid within the meaning of Article 87(1) of the EC Treaty in so far as they benefited enterprises involved in producing goods or providing services, which are not the subject of trade between Member States.
4. To the extent that they fall within the scope of Article 87(1) of the EC Treaty, the guarantee schemes constitute unlawful aid.
Aid within the meaning of Article 87(1) of the EC Treaty for enterprises' initial investment projects is compatible with the common market provided Germany has limited the combined aid amount for such projects to 35 % gross for large enterprises and 50 % gross for SMEs. Any aid exceeding the ceiling set is incompatible with the common market.
Operating aid within the meaning of Article 87(1) of the EC Treaty in favour of viable enterprises is compatible with the common market.
This Decision does not apply to those cases covered by the guarantee schemes that have already been the subject of another formal investigation procedure or of a formal Commission decision.
For the purposes of implementing this Decision, Germany shall draw up a list of the enterprises concerned.
Germany shall take all necessary measures to recover from the recipients the aid referred to in Article 2 and unlawfully made available to them.
Recovery shall be effected in accordance with the procedures of national law. The aid to be recovered shall include interest from the date on which it was at the disposal of the recipients until the date of its recovery. Interest shall be calculated on the basis of the reference rate used for calculating the grant equivalent of regional aid.
Germany shall, in implementing this Decision, draw up a list of the firms concerned in cases which fall outside the scope of Regulation (EC) No 69/2001 or which, if the aid element contained in the guarantee and other de minimis aid granted during the relevant period are included, exceed the ceiling laid down in that Regulation.
In this connection, Germany shall devise a method of identifying the aid element in the guarantee based on the Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees.
Germany shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, on 23 April 2003.
For the Commission
Mario Monti
Member of the Commission
(1) OJ C 291, 4.10.1996.
(2) OJ C 369, 28.11.1998, p. 4.
(3) OJ C 31, 3.2.1979, p. 9.
(4) See point 6 of the Commission communication on the method for the application of Article 92(3)(a) and (c) to regional aid (OJ C 212, 12.8.1988, p. 2).
(5) See, for example, the Commission's Eighth Report on Competition Policy, points 227-229, Brussels, Luxembourg, 1979.
(6) In force from 1 January 1994 until 17 March 1995.
(7) OJ C 368, 23.12.1994, p. 12.
(8) SG(89) D/4328 of 5 April 1989.
(9) SG(89) D/12772 of 12 October 1989.
(10) OJ C 71, 11.3.2000, p. 14.
(11) OJ L 10, 13.1.2001, p. 30.
(12) OJ C 213, 19.8.1992, p. 2.
(13) OJ C 68, 6.3.1996, p. 9.
(14) OJ C 74, 10.3.1998, p. 9.
(15) OJ C 119, 22.5.2002, p. 22.
(16) See for the period 1991-94, N 153/91, and for the period 1994-96, N 464/93.
(17) N 153/91 - SG(91) D/6968 of 11 April 1991.
(18) SG(94) D/1551 dated 4 February 1994, N 464/93/part new Länder - in relation to N 531/1995, OJ C 291, 4.10.1996, p. 4.
(19) The Commission changed its policy in this field in 1999 by adopting the 1999 guidelines and associated appropriate measures pursuant to Article 88(1) of the EC Treaty that require individual notification of initial investment aid to large firms in difficulty.
(20) OJ L 83, 27.3.1999, p. 1.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
