8.4.2003 Official Journal of the European Union L 91/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 June 2002 on the programme of the Land of Thuringia for investments by small and medium-sized enterprises and its implementation (notified under document number C(2002) 2143) (Only the German version is authentic) (Text with EEA relevance) (2003/225[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular 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 (1), and having regard to the comments received, Whereas: 1. PROCEDURE (1)~ On 27 October 1993, the Commission decided to authorise the Thuringia programme for SME investment (KMU-Investitionsprogramm des Landes Thiiringen) (hereinafter referred to as ‘the scheme) (3). An amended version was notified in 1994 and authorised by the Commission on 7 October 1994 (3). (2)  The notified scheme covering the period 1994 to 1996 provided for productive investment aid. In a letter dated () 0] C 73, 17.3.1999, p. 10. () 0] C 335, 10.12.1993, p. 7 — Aid N 408/93 — SG(93) D/19245 of 26.11.1993. () OJ C 364, 20.12.1994, p. 7 — Aid N 480/94 — SG(94) D/14255 of 10.10.1994. 26 August 1993, registered as received on 30 August 1993, Germany formally ruled out the possibility of aid being granted to firms in difficulty. The ruling out of such aid was expressly mentioned in the Commission's decision, and the Commission's authorisation of the scheme was limited to such undertakings as are not in difficulty. (3) By decision of 8 April 1998, the Commission authorised an extension of the aid scheme for the period 1997 to 2001, subject to certain amendments to the conditions laid down (*). At the same time, however, the Commission expressed doubts as to whether the scheme as applied in the past conformed to the version notified to and approved by the Commission. The doubts are based on information given by Germany in the annual reports for 1994 and 1995 and on information for 1995 and 1996. In the light of this information, the Commission could not rule out the possibility that aid had been granted for the rescue and restructuring of firms in difficulty. (4 Consequently, the Commission ordered Germany (injunction to supply information within the meaning of the judgment of the Court of Justice in the Ttalgrani’ case (°) to provide all the necessary information to enable the Commission to decide whether the aid was granted in accordance with the approved scheme, to list the cases where aid was granted to firms which, at the (% Aid NN 142/97 — SG(98) D/04313 of 2.6.1998. (%) Case C — 47/91 Italian Republic v Commission [1994] ECR [-4635.