L 269/36 Official Journal of the European Communities 19.10.1999 COMMISSION DECISION of 26 May 1999 on State aid granted by Germany to Dow/Buna SOW Leuna Olefinverbund GmbH (BSL) (notified under document number C(1999) 1469) (Only the German text is authentic) (Text with EEA relevance) (1999/679/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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: I. PROCEDURE By Decision 96/545/EC of 29 May 1996 concerning aid proposed by Germany to Buna GmbH, Sichsische Olefinwerke GmbH, Leuna-Werke GmbH, Leuna-Polyo- lefine GmbH and BSL Polyolefinverbund GmbH (3), the Commission approved aid totalling DEM 9,5 billion for the privatisation of Dow/Buna SOW Leuna Olefinver- bund GmbH (BSL). By letter dated 8 September 1997, Germany submitted two new contractual agreements (Third and Fourth Amendment Agreements) amending the privatisation agreement. By letter dated 3 February 1998, the Commission informed Germany that it had decided to reopen the Article 88(2) proceedings in respect of the aid which it had approved by Decision 96/545/EC. Germany replied by letter dated 3 March 1998. By letter dated 1 April 1998, the Commission requested additional information, receiving replies by letters dated 9 and 19 June 1998. The Commission decision to initiate proceedings was published in the Official Journal of the European Commun- ities (*). The Commission called on interested parties to submit their comments on the aid. On 17 June 1998, a meeting took place between the Commission and the German authorities to enable the Commission to examine the contracts concluded between BSL and Hoechst. C 128, 25.4.1998, p. 13. L 239, 19.9.1996, p. 1. ee footnote 1. (6) (10) (12) (13) The third-party comments were forwarded to Germany by letter dated 29 June 1998. Germany's comments in response to these were received by letter dated 4 August 1998. By letter dated 4 September 1998, the Commission put further questions, to which it received a reply on 29 September 1998. On 3 November 1998, a meeting was held with the German authorities. On 2 December 1998, the Commission asked further questions and sent a study by an outside expert concerning the energy contracts to Germany for comments. By letters dated 6 January and 15 March 1999, Germany sent its reply and also informed the Commission of a number of amendments. II. DETAILED DESCRIPTION OF THE AID On 10 December 1997, the Commission decided to reopen Article 88(2) proceedings in respect of the DEM 9,5 billion in aid for BSL which it had approved in its final Decision of 29 May 1996. The aid was to be paid for the privatisation of BSL, which is the successor to three of the largest chemical industry complexes in the former German Democratic Republic. The authorisation given by the Commission on 29 May 1996 was subject to the fulfilment of a number of conditions, including the requirement that Germany must notify the Commission, pursuant to Article 93(3) (now, Article 88(3)) of the EC Treaty, of any deviations from the privatisation agreement. At the beginning of September 1997, Germany submitted to the Commission two new contractual agreements (Third and Fourth Amendment Agreements) between Dow and the ‘Bundesanstalt fiir vereinigungsbe- dingte Sonderaufgaben’ (BvS) amending the privatisation agreement. The amendment agreements related to changes in the plants that were to be built or upgraded. Although the overall amount of aid remained unchanged at DEM 9,5 billion, both amendments resulted in far- reaching changes in capacity and aid payments that