L 14/56 Official Journal of the European Communities 21.1.2003 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 June 2002 on the measures to restructure and privatise Koninklijke Schelde Groep implemented by the Netherlands (notified under document number C(2002) 2007) (Only the Dutch version is authentic) (Text with EEA relevance) (2003/45/EC) 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 () and having regard to their comments, Whereas: 1. PROCEDURE In May and June 2000 the Commission received two letters from third parties on alleged aid to Koninklijke Schelde Groep BV (hereinafter KSG) in connection with the sale of the company to Damen Shipyards Group (hereinafter Damen). It requested information on this matter by letter dated 30 May 2000 (D/53220). By letter of 6 July 2000 (registered under A/35591 on 7 July) the Dutch authorities informed the Commission of the planned measures in favour of KSG. They stated that Article 296 of the EC Treaty applied to all these measures; however, if that proved not to be the case, the letter should be considered as notification pursuant to Article 88(3). The Minister for Economic Affairs provided further explanations on the ‘conditional notifi- cation’ in a meeting with Mr Monti on 4 September 2000. The Commission requested information by letters () OJ C 254, 13.9.2001, p. 6. dated 8 September 2000 (D/54316) and 1 March 2001 (D[50927). By letter dated 12 March 2001 (registered under A[32227 on 15 March), the Dutch authorities asked for time in which to reply to the letter of 1 March and this request was granted by letter dated 23 March 2001 (D/51254). They replied by letters dated 5 October 2000 (registered under A/38308 on 11 October) and 11 July 2001 (registered under A/35724 on 16 July). As early as 1998 the Dutch Minister for Economic Affairs informed Mr Van Miert of measures taken at that time (letter of 4 December 1998, registered on 8 December under C[06585). The Commission subse- quently requested information by letters dated 7 January 1999 (D/50038) and 26 February 1999 (D/50890). The Dutch authorities replied by letters dated 2 February 1999 (registered under A/30915 on 4 February) and 23 March 1999 (registered under A[32377 on 25 March). By decision of 25 July 2001 the Commission initiated the Article 88(2) procedure in respect of these measures, informing the Netherlands by letter dated 30 July 2001 (D[290603). Two further requests from the Dutch authorities for time in which to reply (letters dated 31 August and 27 September 2001, registered under A/ 36875 on 31 August and A[37626 on 1 October respectively) were granted by letters dated 11 September 2001 (D[53695) and 5 October 2001 (D/54096). The Dutch authorities responded to the decision by letter dated 15 October 2001 (registered under A/38035 that same day).