26.6.2003 Official Journal of the European Union L 157/55 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 November 2002 on the aid scheme implemented by Germany: ‘Thuringia working capital programme’ (notified under document number C(2003) 4359) (Text with EEA relevance) (Only the German text is authentic) (2003/469EC) 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 Article 88(2) of the EC Treaty, Whereas: 1. PROCEDURE The Land of Thuringia's rules governing its working capital programme (hereinafter referred to as ‘the rules), adopted on 20 July 1993, entered into force in 1993 (!). The Thuringian Land authorities took the view that the rules complied with the de minimis provisions introduced in the Community's 1992 Guidelines on State aid for small and medium-sized enterprises () (hereinafter referred to as ‘the SME Guidelines’) and so did not notify them under Article 88(3) of the EC Treaty. Following a press article on the loan programme, under which firms without sufficient bank security apparently obtained loans on favourable conditions in order to finance inventories, the Commission asked Germany, by letter DG IV/D3761 of 2 May 1994, for information to enable it to assess the compatibility of the rules with the (") Thiiringer Staatsanzeiger No 33/1993, p. 1415. () O] C 213, 19.8.1992, p. 2. common market. By letter dated 31 May 1994, Germany provided the following information: the Thuringia working capital programme of 20 July 1993 applied to small and medium-sized enterprises (as defined in the Community's 1992 SME  Guidelines) in a sound economic position which, because of their small size, lack of bank security and the general situation on the capital market, would have had difficulty in obtaining outside resources. Aid for firms in difficulty was not possible, but such firms could apply for aid under other approved programmes. The rules were moreover designed as a de minimis programme in line with the de minimis provisions of the Community's 1992 SME Guidelines. Germany agreed with the assessment by the Thuringian authorities that the rules were not subject to the notifica- tion requirement under Article 88(3). In response to a request for information dated 29 May 1995, Germany sent the Commission, by letter of 27 June 1995, a copy of the rules governing the working capital programme. In the course of the proceedings in case C 85/98 (ex NN 106/98 — Incorrect application of the de minimis rules under the Thuringia consolidation programme of 20 July 1993), Germany confirmed by letter dated 8 June 1998 that the rules at issue in these proceedings had expired