15.2.2001 Official Journal of the European Communities L 44/39 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 June 2000 on a measure taken by Germany in respect of Kali und Salz GmbH (notified under document number C(2000) 1662) (Only the German text is authentic) (Text with EEA relevance) (2001/120/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having given notice to interested parties to submit their comments in accordance with the aforementioned provi- sions ("), and having regard to those comments, Whereas: I. PROCEDURE (1)  On 20 July 1998, Germany informed the Commission of the sale of its remaining 49 % stake in Kali und Salz GmbH to Kali und Salz Beteiligungs AG, which already owned 51 % of the shares. The Commission registered the sale of the shareholding as non-notified aid measure NN 27/99. (20  On 18 March 1999, the Commission decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty in respect of the terms of the sale. (3)  The Commission decision to initiate the procedure was published in the Official Journal of the European Communi- ties (%). The Commission gave notice to interested parties to submit their comments. The Commission received comments from three interested parties. It forwarded them to Germany by letters dated 26 October 1999 and () O] C 272, 25.9.1999, p. 7. () See footnote 1. 8 November 1999. Germany's reply was submitted by letter dated 2 December 1999, received on 3 December 1999. By letter dated 11 April 2000, at the Commission's request, Germany submitted the contract for the sale of its remaining 49 % stake in Kali und Salz GmbH. II. BACKGROUND A. The undertaking Kali und Salz GmbH was set up by contract of 13 May 1993 as a joint venture between the west German company Kali und Salz Beteiligungs AG and the east German Mitteldeutsche Kali Aktiengesellschaft (MdK). Kali und Salz Beteiligungs AG, a subsidiary of the German chemical group BASF, took 51 % of the shares in the joint venture, and the Treuhandanstalt (the THA), the sole shareholder in MdK, took the remaining 49 %. The 49 % stake was taken over first by Beteiligungs- Management Gesellschaft Berlin mbH on 1 January 1995 and then by the Bundesanstalt fiir vereinigungsbe- dingte Sonderaufgaben (BvS), as legal successor to the THA, on 29 October 1997. Kali und Salz GmbH is active in potash mining, the manufacture of industrial products of potash and rock salt, such as potassium fertilisers, and the production of by-products such as magnesium sulphate and kieserite. Kali und Salz GmbH currently employs some 8 000 people. Its annual production capacity amounts to 3,4