14.10.2003 Official Journal of the European Union L 2631 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 April 2003 on the aid scheme implemented by Germany entitled ‘Guarantee schemes of the Land of Brandenburg for 1991 and 1994’ State aid C 45/98 (ex NN 45/97) (notified under document number C(2003) 1217) (Only the German version is authentic) (Text with EEA relevance) (2003/706EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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: 1. PROCEDURE During the period 1991-1994 the Land of Brandenburg operated a guarantee scheme for industry, the profes- sions and agriculture/forestry dating from 5 September 1991 (Biirgschaftsrichtlinie des Landes Brandenburg fir die Wirtschaft und die freien Berufe sowie die Land- und Forstwirtschaft vom 5. September 1991), hereinafter called the 1991 guarantee scheme. The scheme was never notified to the Commission pursuant to Article 88(3) of the EC Treaty. The 1991 scheme was superseded on 17 May 1994 by an amended guarantee scheme (hereinafter called the 1994 guarantee scheme), which was not notified in time to the Commission either. The 1994 guarantee scheme applied in its original version until 20 March 1995. On that date the scheme, which had been notified belatedly, was suspended. The Commission approved a significantly modified version for application after 20 March 1995 (SG(96) D/[7438) (). () OJ C 291, 4.10.1996. () ®) By letter dated 14 July 1998 (SG(98) D/5743), the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of both the 1991 guarantee scheme and the 1994 guarantee scheme in the version applic- able until 20 March 1995. The application of both schemes to the production, processing and marketing of the agricultural products referred to in Annex I to the EC Treaty did not, however, form the subject-matter of the formal investi- gation procedure. The Commission’s decision to initiate the procedure was published in the Official Journal of the European Commu- nities (). The Commission invited interested parties to submit their comments on the measure, but did not receive any such comments. Germany submitted comments by letters dated 11 September 1998, 2 October 1998 and 25 May 1999 and at meetings on 11 and 12 May 1999. On 28 January 2003 a meeting took place between the Commission and Germany in Berlin. In the course of that meeting the Commission requested additional infor- mation on the current situation with regard to the enterprises that had benefited under the 1991 and 1994 guarantee schemes. Germany submitted final comments by letter dated 20 March 2003. () OJ C 369, 28.11.1998, p. 4.