No L 308/46 Official Journal of the European Communities 29. 11. 96 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 26 June 1996 concerning aid granted by Germany to the Volkswagen Group in Mosel and Chemnitz (Only the German text is authentic) (Text with EEA relevance) (96/666/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 establishing the Euro- pean Economic Area, and in particular Article 62 (1)(a) thereof, Having given the parties concerned the opportunity to submit their comments, in accordance with Article 93 (2), Whereas: By letter dated 14 January 1992 ('), the Commission informed the German authorities of its decision of 18 December 1991 to initiate the Article 93 (2) of the Treaty procedure in respect of planned aid by the German authorities for the plants of the Volkswagen (VW) Group in the new Ldnder. When initiating the procedure, the Commission expressed serious doubts as to the compatibility of the aid with Article 92 of the Treaty, for the following reasons: 1. the State aid had not been notified to the Commission in accordance with the procedure set out in Article () OJ No C 68, 17. 3. 1992, p. 14. 93 (3) of the Treaty and could not yet be entirely quan- tified; 2. the apparently high aid intensity proposed for a plan involving a significant expansion of capacity on the European car market could give rise to distortions of competition; 3. insufficient evidence had been presented to justify the duplication of regional aids having a comparatively high intensity in relation to the structural and economic problems in the new Ldnder; indeed, the overall aid intensity could be disproportionately high and incompatible with the criteria of the Community framework document on State aid to the motor vehicle industry (3). 11 By letters dated 19 September and 14 December 1990 and 14 March 1991, the Commission requested notifica- tion, in accordance with the Community framework on State aid to the motor vehicle industry, of the aid measures in support of the new investments of Volks- wagen AG in the new Ldnder; it stressed that such aid could not be granted without prior notification and approval by the Commission. The German Government explained by letter dated 29 May 1991 that, in its view, the Community framework did not apply to the new Ldnder between 1 January and 31 March 1991 since it had been due to expire by the end of 1990 and its renewal by the Commission in December 1990 could become legally binding only upon formal () OJ No C 123, 18. 5. 1989, p. 3.