15.10.1999 Official Journal of the European Communities L 267/51 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 December 1998 concerning aid granted by Germany to Riedel-de Haén AG (notified under document number C(1998) 4566) (Only the German text is authentic) (Text with EEA relevance) (1999/671/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Communities, in particular the first paragraph of Article 93(2), Having regard to the Agreement on the European Economic Area, in particular Article 62(1)(a), Having given notice in accordance with Article 93(2) of the EC Treaty to interested parties to submit their comments, and having regard to those comments, Whereas: 1. Procedure By letter of 3 April 1996, two private individuals lodged a complaint with the Commission to the effect that Riedel-de Haén AG (hereinafter referred to as ‘Riedel-de Haén’) (), Seelze, Germany had received State aid amounting to DEM 8 million (ECU 4 million) for investment in a special-waste incinerator. The complainants provided the Commission with further particulars by letters of 28 April 1996, 24 September 1996, 4 February 1997, 2 March 1997 and 2 February 1998. They alleged that the company intended to incinerate its industrial wastes on its premises after the port authorities of Antwerp (') In appropriate contexts, ‘Riedel-de Haén’ should be understood as referring to Riedel-de Haén GmbH. and other cities had refused permission on environmental grounds for incineration at sea by the incineration ship Vesta. This was confirmed by a press report (). According to the complainants, the company maintained that the new plant was a bromine-recovery plant. They knew, however, that there had been such a plant on the company's premises for the previous 25 years. By letters of 22 April, 28 June and 25 November 1996, the Commission called on Germany to give its views and to supply further information on the aid to Riedel-de Haén so that it could verify what kind of grants were involved and whether they were compatible with the common market. Germany replied by letters of 4 June and 30 September 1996 and 8 January 1997, confirming that the company had received two grants amounting in all to DEM 8 million (ECU 4 million). After Germany had first stated that the aid was granted for a bromine-recovery plant, it subsequently explained that the aid was in fact for a residue-processing plant incorporating a bromine-recovery plant. By letter of 16 September 1997, the Commission notified Germany of its decision to initiate the procedure under Article 93(2) concerning the grants of aid amounting to DEM 8 million (ECU 4 million). It concluded that one of the grants had not been made under the approved Economy and Environment Scheme (Programme Wirtschaft und Umwelt), while the second grant was not covered by any approved rules and neither of the grants appeared to be compatible with the Community Guidelines on State aid for environmental protec- tion (°). This was notified to Germany by letter of 2 October (*) ‘Waste disposal problems for Riedel’, Landkreis-Zeitung West, 11 October 1989. () O] C 72, 10.3.1994, p. 3.