27.4.1999 Official Journal of the European Communities L 109/51 COMMISSION DECISION of 9 December 1998 on the measure planned by Austria for the clean-up of the Kiener Deponie Bachmanning landfill (notified under document number C(1998) 4195) (Only the German text is authentic) (Text with EEA relevance) (1999/272/EC) THE COMMISSION OF THE COMMUNITIES, EUROPEAN Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(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 abovementioned provisions, 1. PROCEDURE By letter dated 23 September 1997, Austria informed the Commission that the province of Upper Austria intended to part-finance the clean-up of the contaminated Kiener Deponie Bachmanning landfill site, which had been abandoned. By letter dated 20 October 1997, the Commission requested further information. Austria’s reply was received on 18 November 1997. Following a meeting in Brussels on 12 December 1997, the Commission wrote on 18 December 1997 requesting further information on matters that had still not been clarified. The information was provided by Austria by letter dated 21 January 1998; the letter also contained formal notification of the planned part-financing of the project by the Federal Government By letter dated 22 April 1998, the Commission informed Austria that Article 93(2) proceedings were being initiated on the notified measure. The Commission’s decision was published in the Official Journal of the European Communities (*). The Commission called on interested parties to submit their comments. The Commission received no such comments. 2. DETAILED DESCRIPTION OF THE MEASURE The abandoned and contaminated Kiener Deponie Bachmanning landfill is situated in Upper Austria. The land is registered under No 345/2 in the land register of 51101 Aichkirchen. The landfill was operated by Kieba BaugmbH (in liquidation), Unterseling 19, A-4672 Bachmanning (‘Kieba’) in the period from 1975 to 1983. Kieba is an SME within the meaning of the Commission recommendation of 3 April 1996 concerning the definition of small and medium-sized enterprises (%) and is currently in the process of being wound up. Kieba’s main shareholder was the late Herbert Kiener. The current owner of the land is Atlas Immobilienver- waltungsgmbH, Unterseling 19, A-4672 Bachmanning (‘Atlas’). Atlas was set up specifically in connection with the contamination and was aware of it. Atlas is an SME within the meaning of the Commission recommendation concerning the definition of small and medium-sized enterprises. The main shareholder was once again Mr Kiener. The necessary permits for carrying out the clean-up operation at the landfill site are held by ASA (1Y OJ C 201, 27.6.1998, p. 8. (3) OJ L 107, 30.4.1996, p. 4.