5.5 .94 Official Journal of the European Communities No L 114/21 COMMISSION COMMISSION DECISION of 21 December 1993 . on the proposal to award aid to SST-Garngesellschaft mbH, Thiiringen (Only the German text is authentic) (Text with EEA relevance) ’ (94/266/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 given notice to the parties concerned to submit their comments as provided for in the said Article 93, and having regard to those comments, Whereas : The Commission decided on 6 April 1993 to open the procedure provided for in Article 93 (2) of the EC Treaty in respect of the German authorities’ proposal to grant DM 4669000 in aid to SST-Garngesellschaft mbH, a family-owned company located in Brattendorf, Land Thiiringen, towards the cost of the installation of new facilities for the production of polyester staple fibre. The entire output of the new plant would supply the company’s spinning mill for the production of specialized polyester yarn that is not produced elsewhere in the Community. The aid has an overall intensity of 30,2 %, with total investment costs amounting to DM 15 460 000. Notwithstanding that the proposed aid would be provided under regional aid schemes that have been authorized by the Commission, the proposal was not properly notified to the Commission pursuant to Article 93 (3) of the EC Treaty in accordance with the pre-notification require- ment set out in the Code on aid to the synthetic fibre industry (') (hereinafter referred to as ‘the Code’). In deciding to open the procedure, the Commission also pointed out that there were doubts as to whether the aid () OJ No C 346, 30. 12. 1992, p. 2. was required to compensate for the economic disadvan- tages caused by the division of Germany, as was claimed by the German authorities. Furthermore, the aided invest- ment was going to result in new production capacity rather than a significant reduction as required by the Code. The German Government was informed of the Commis- sion’s decision by letter dated 19 April 1993. Other inte- rested parties were informed by publication of the letter (). ) II The German Government submitted comments by letters dated 7 June, 14 July and 2 December 1993 and at meetings with the Commission on 7 July, 6 October and 30 November 1993. The German authorities noted that, before economic and monetary unification with the Federal Republic of Germany on 1 July 1990, the production of synthetic fibres and investment decisions in the former German Democratic Republic were largely under the control of a single organization, the Chemiefaserkombinat “Wilhelm Pieck’, in Schwarza. Production was limited to fibres and yarns of only three of the polymers covered by the Code : polyamide, polyacrylonitrile and polyester. Polypropylene fibre was imported from Czechoslovakia and Bulgana in accordance with Comecon agreements. The German authorities stated that, between 1985 and 1989, synthetic fibre production in the new Linder was as follows : () OJ No C 210, 4. 8. 1993, p. 9.