22.5.2002 Official Journal of the European Communities L 134/51 COMMISSION COMMISSION DECISION of 17 October 2001 on the State aid implemented by Germany for Neue Harzer Werke GmbH (notified under document number C(2001) 3018) (Only the German text is authentic) (Text with EEA relevance) (2002/377[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 provision(s) cited above and having regard to their comments, Whereas: I. PROCEDURE (1) By letter of 23 February 1999 Germany communicated information on aid for the second restructuring of Neue Harzer Werke GmbH (hereinafter NHW) based on a plan of 1996. As the aid had partly been granted as loan to the undertaking at the time of the information, the case was registered as NN 38/99. (2) By letter dated 13 July 2000 ('), the Commission informed Germany that it had initiated the procedure laid down in Article 88(2) of the EC Treaty in respect of the Bundesanstalt fiir vereinigungsbedingte Sonderauf- gaben (BvS) grant of DM 2 million to NHW. The Commission also enjoined Germany to provide it with all such documentation, information and data as neces- sary in order that it may examine the compatibility of the aid awarded to NHW with the common market. The following issues were specifically mentioned: () SG(2000) D/104924. — a complete restructuring plan, allowing a proper assessment and containing: — a complete and updated table on investments and their funding, — measures to reduce personnel costs, — a complete and updated market analysis, — information on the company results from 1996 to 1997, as well as for subsequent years; — the precise loan conditions of the loans granted by Nord LB and Kreditanstalt fiir Wiederaufbau, — a confirmation that the interest on the loans is paid by NHW, — the necessity of the participation of 20 % in Eisen- guss Torgelow GmbH taken during the restructuring period, — full information on the capacity and its utilisation of the company for the two production lines, — updated information on the development of the company in 1999 and especially the (certified) profit and loss statement and personnel development. The opening of the Article 88(2) of the EC Treaty inves- tigations was published in the Official Journal of the Euro- pean Communities (). The Commission invited interested parties to submit their comments on the aid. No comments from interested parties were however received. Germany submitted its comments on the opening of procedure by letters of 10 October 2000, 22 December 2000, 16 February 2001, 7 June 2001 and 23 July 2001. () O] C 301, 21.10.2000, p. 16.