11. 4. 97 Official Journal of the European Communities No L 96/23 COMMISSION DECISION of 5 June 199 concerning aid that the Republic of Austria intends to grant pursuant to the ERP Eastern Europe programme {Only the German text is authentic) (Text with EEA relevance) (97/241/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62 (1) (a) thereof, Having given notice to the parties concerned, in accord- ance with the aforementioned Articles, to submit comments, and having regard to those comments, Whereas: (1) By communication dated 23 March 1995, the Austrian authorities notified the ERP programme for investments in Eastern Europe (ERP — Osteuropa- programm). Additional information and clarifications were presented at a meeting held in Vienna on 28 March 1995 and by a communication dated 20 April. A number of amendments were made to the original notification at a second meeting held in Eisenstadt and Vienna on 12 and 13 June 1995 and by a communication dated 27 June 1995. In particular, the Austrian authorities agreed: — to withdraw part of the scheme initially designed to promote the setting-up of distribution networks, -— to link the aid to a productive investment project. By a communication dated 10 August 1995, the Austrian authorities transmitted additional informa- tion. The case was discussed again with the repres- entatives of the Austrian authorities at a further meeting held on 9 October 1995. (2) On 31 October 1995, the Commission decided to initiate the procedure provided for in Article 93 (2) of the EC Treaty. By letter dated 27 December 1995, the Commission informed the Austrian Government thereof and requested it to submit its comments within one month. This letter was published in the Official Journal of the European Communities ('), as notice to the other Member States and interested parties to submit any comments they might have on the measures in question within one month from the date of that publication. (3) By letter dated 14 February 1996, the Austrian Government submitted detailed observations. Obser- vations were also submitted by Du Pont de Nemours International SA on 9 April 1996. Those observations were submitted to the Austrian Government for its comments by fax dated 22 April 1996. Other Member States did not react to the notice. 1I (4) The programme, which is to run for the five years between July 1995 and June 2000, provides for loans totalling OS 350 million (ECU 26 million) for the first year of operation of the scheme (1995/96). The loans are awarded at reduced interest rates corres- ponding to an aid equivalent of OS 44 million/year (ECU 3,3 million/year). The amount of a loan per project may vary between OS 1 million (ECU 74 500; minimum) and OS 100 million (ECU 7,45 million; maximumy). The ERP Fund expects 10 to 50 cases under the scheme per year. The programme provides for aid for direct invest- ment of Austrian enterprises in the countries of Central and Eastern Europe (Hungary, the Czech Republic, the Slovak Republic, Poland, Romania, Bulgaria, Estonia, Latvia, Lithuania, Slovenia, Croatia and Albania). Qualifying investment projects must contribute to restructuring and economic recovery in Eastern European countries, improve the strategic position of the enterprise requesting aid, and have a positive impact on the Austrian economy. () OJ No C 71, 9. 3. 1996, p. 9.