L 320/28 Official Journal of the European Communities 5.12.2001 COMMISSION COMMISSION DECISION of 4 October 2000 concerning State aid to Verlipack, Belgium (notified under document number C(2000) 2926) (Only the French and Dutch texts are authentic) (Text with EEA relevance) (2001/856/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 those provisions and having regard to their comments, Whereas: I. PROCEDURE (1)  Following complaints received in 1997 concerning aid granted by the Walloon Region to Verlipack which did not appear to be compatible with the rules on State aid, the Commission registered the case on 18 November 1997 as non-notified aid. (2)  On 16 September 1998 the Commission decided on the basis of information formally transmitted by Belgium not to raise objections to the measures taken by the Walloon Region following an examination of the meas- ures under Articles 87 et seq., of the EC Treaty and Article 61 of the EEA Agreement ('). The decision found that the measures were compatible with the guidelines on Government capital injections (%) (hereinafter referred to as the ‘guidelines’) and, in particular, that the Walloon Region contribution was consistent with the actions of an investor operating under normal market economy conditions. Furthermore, the fact that a private investor, the Heye-Glas group (hereinafter referred as ‘Heye’) was acquiring a majority stake at the same time indicated () O] C 29, 4.2.1999, p. 13. (3 Bulletin EC 9-1984. prospects of future profitability and viability for the Verlipack group. (3)  According to the press and several complainants, Verli- pack's production plants incurred fresh losses in 1998. Furthermore, according to one complainant, the private capital injection by Holding Verlipack I(*) on 11 April 1997 apparently originates from funds provided by the Walloon Region, the SRIW (¥, in the form of two loans. (4) By letters of 14 December 1998 and 13 January 1999, the Commission requested further information from the Belgian authorities on Verlipack's history and the alleged grant of two loans to Heye. (5) By letter of 25 February 1999, received on 1 March 1999, Belgium supplied the details requested, on the basis of which the Commission was obliged to re-open the assessment of the package of measures granted in 1997 by the Walloon Region to Verlipack. (6)  On 19 May 1999 the Commission decided to initiate the procedure in respect of the aid granted to Verlipack, pursuant to Article 9 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (°). (7) By letter of 1 July 1999 the Commission informed Belgium of its decision to open the procedure provided for in Article 88(2) of the EC Treaty in respect of the aid in question. (8)  The Commission decision to open the procedure was published in the Official Journal of the European Communi- ties (). The Commission invited interested parties to submit their comments on the aid in question. (99  The Commission received comments on the aid from interested parties, which it forwarded to the Belgian authorities by letter of 3 December 1999, for their observations. The authorities responded by letter of 22 December 1999, which was registered as received on 3 January 2000. () Set up on 24 January 1997 by the Beaulieu group without the involvement of the Walloon Region. (*) Société Régionale d'Investissement de Wallonie, a public limited company. () O] L 83, 27.3.1999, p. 1. (©) O) C 288, 9.10.1999, p. 24.