L 92/26 Official Journal of the European Communities 9.4.2002 COMMISSION COMMISSION DECISION of 23 October 2001 on the measure and State aid implemented by Spain for Santana Motor (notified under document number C(2001) 3061) (Only the Spanish text is authentic) (Text with EEA relevance) (2002/267 [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 called on interested parties to submit their comments pursuant to the provisions cited above ('), Whereas: I. PROCEDURE After learning through press reports that a public guar- antee covering a bank loan had been granted to Santana Motor SA (hereinafter Santana) by the Regional Govern- ment of Andalusia, the Commission sent Spain requests for additional information on 2 July, 9 October and 8 December 1998. Letters from Spain dated 11 August and 23 November 1998 and 12 February 1999 enabled the Commission to establish that the guarantee in ques- tion had been granted in June 1998. The case was consequently registered as unnotified aid under number NN 24/99. A meeting was held on 13 April 1999 between repre- sentatives of the Spanish authorities, Santana and the Commission. During the meeting, a number of docu- ments were handed to the Commission, including the company's medium-term strategic plan. This referred to planned investment aid and a capital injection by a public body for which compliance with the market economy investor principle was not clearly demon- strated. () OJ C 328, 18.11.2000, p. 19. () On 3 May 1999 the Commission raised further ques- tions with a view to gaining a better understanding of Santana's objectives and identifying the public financing involved. A visit was made to Linares (province of Jaén, Andalusia) on 26 and 27 May 1999, after which a meeting was held in Brussels on 29 July 1999, chiefly to discuss questions relating to the regional aid. By letters dated 1 July, 30 July and 17 November 1999 and 4 January 2000, the Spanish authorities supplied partial replies to the questions raised by the Commission, which requested additional information on 22 March 2000. The Spanish authorities responded to that request on 17 April 2000, and a meeting was held in Brussels on 12 May 2000. Following this, Spain addressed on 24 May 2000 a letter to the Commission amending the initial notification. By letter dated 28 July 2000, registered on 31 July 2000, Spain informed the Commission of its intention to implement the aid measures in favour of Santana, in accordance to Article 4(6) of Council Regulation (EC) No 659/1999 (3. The Commission decided on 17 August 2000 to initiate proceedings pursuant to Article 88(2) of the Treaty (decision to open the formal investigation procedure), as it found that there were doubts as to the compatibility of the measures with the common market. The Commis- sion sent a fax to the Spanish Permanent Representation on the same date informing it of its decision to initiate proceedings. The text of the decision was then commu- nicated to Spain by letter dated 22 August 2000, regis- tered by the Spanish authorities on 23 August 2000. Spain submitted its comments on the initiation of proceedings on 25 September 2000. () O] L 83, 27.3.1999, p. 1.