L 307/196 Official Journal of the European Union 7.11.2006 COMMISSION DECISION of 8 March 2006 on the State Aid implemented by Germany for Magog Schiefergruben GmbH & Co. KG (notified under document number C(2006) 641) (Only the German text is authentic) (Text with EEA relevance) (2006/744/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: L PROCEDURE (1) On 12 November 2003, the Commission received a complaint concerning alleged state aid for Schiefergruben Magog GmbH & Co. KG (Magog) from a German competitor of Magog. The Commission requested informa- tion from Germany on 25 November 2003, which Germany submitted by letter dated 4 March 2004, registered as received on the same day. (2)  On 6 October 2004 the Commission initiated the formal investigation procedure with respect to the alleged state aid. The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (). The Commission invited interested parties to submit comments on the presumed aid. Comments were submitted by letter dated 14 December 2004, registered as received on 16 December 2004, from Rathscheck Schiefer und Dach-Systeme KG, [B. Rathscheck Sohne KG Moselschiefer-Bergwerke ~ and ~ Theis-Boger ~ GmbH (Rathscheck and Theis-Boger') and by letter dated 7 December 2004, registered as received on 13 December 2004, from a third party that wished to remain anonymous. (3) The comments were transmitted to Germany by letters dated 3 January 2005 and 7 July 2005. Germany replied to the comments by letters dated 11 March 2005, registered as received on the same day, and 31 August 2005, registered as received on 1 September 2005. () O] C 282, 19.11.2004, p. 3. () See footnote 1. (4) Germany’s response to the initiation of the formal investigation procedure was submitted by letter dated 6 December 2004, registered as received on 13 December 2004. The Commission requested further information on 5 October 2005, which Germany submitted by letter dated 15 November 2005, registered as received on 16 November 2005. The annexes were submitted by letter dated 18 November 2005, registered as received on 24 November 2005. Germany submitted additional information by letter dated 21 December 2005, registered as received on the same day. IL. DESCRIPTION OF THE AID 2.1. The recipient (5) The recipient, Magog, which is based in Bad Fredeburg, North Rhine-Westphalia, is active in the production of slate. In 2002 the company had 43 employees and a balance sheet total of below EUR 5 million. As the independence criterion is also met the company qualifies as a small company as defined by the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (°). 2.2. The project (6) At the request of the Westfilischer Schieferverband e.V. (Westphalian State Federation) the Land of North Rhine- Westphalia supported a project for the development of a new system for the cutting of roofing slate (project title: ‘development and testing of digitally controlled and robot- supported roofing slate production’) in 2002 and 2003. The project was carried out by Magog, which is a member of the Westfilischer Schieferverband, in collaboration with a university of applied science. (7)  According to Germany the objective of the project was the development of an innovative technology for the treatment of roofing slate in order to reduce health risks for the employees. Up to then the treatment of roofing slate was to a large extent manual work, which resulted in a physical burden for the employees. Germany claims that the project has contributed significantly to an increase in occupational safety and as such serves as a model for the whole roofing slate industry. () OJ L 124, 20.5.2003, p. 36.