No L 278/26 Official Journal of the European Communities 18. 10. 85 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 July 1985 on an aid granted by the Federal German Government to a producer of polya- mide and polypropylene yarn situated in Bergkamen (Only the German text is authentic) (85/471/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, Having given notice to the parties concerned to submit their comments as provided for in the said Article 93, and having regard to those comments, Whereas : I Upon repeated requests from the Commission, the Federal German Government, by letter of 15 February 1984 and telex of 23 November 1984, belatedly informed the Commission that financial assistance had been granted to a producer of polyamide and polypro- pylene yarn, situated in Bergkamen, for the purpose of installing modern equipment suitable for the produc- tion of both those yarns. The aid was granted in 1983 under the Law relating to investment subsidies (Investitionszulagengesetz) and under the joint Federal Government/Lénder regional aid programme (Gemeinschaftsaufgabe). It amounted to DM 1,722 million and to DM 1,223 million respec- tively. In relation to the total investment costs of DM 19,67 million the aid amounted to DM 2,945 million or 14,97 %. It led to an increase of capacity from about 3000 tonnes to 5000 tonnes. Following an initial scrutiny, the Commission con- sidered that the aid, which was granted in 1983 and was not notified to the Commission, was illegal as the German Government had failed to fulfil its obligations under Article 93 (3) of the EEC Treaty. It also con- sidered that the aid merely concerned the moderniza- tion and, indeed, an increase of existing production capacity of polyamide and polypropylene, particularly as, contrary to the declared purpose when applying for the aid, the company used the assistance to manufac- ture polyamide yarn to a level of 72 % of total output in 1983. Polyamide yarn belongs to the group of products covered by the code governing aid for synthetic fibres and yarn production, introduced by the Commission in 1977, notified to the Member States by letter of 19 July 1977 and published in the Bulletin of the Euro- pean Communities of July/August 1977 (point 1.5.3) and of November 1977 (point 2.1.47) and extended in 1979, 1981 and 1983. As the aid did not help to restructure the production facility in Bergkamen within the meaning of the Community synthetic fibres and yarn aid code and as it would neither lead to a decrease in capacity nor a conversion away from synthetic fibres and yarns, there was therefore nothing peculiar to the investment which seemed to justify the Commission in exempting the aid from the rules set by the aid code under which such aids are to be avoided.