L 14316 Official Journal of the European Union 6.6.2007 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 12 October 2006 on State aid No C 11/2005 (ex N 21/2005), which Germany is planning to implement for the construction of an ethylene pipeline in Bavaria (notified under document number C(2006) 4836) (Only the German version is authentic) (Text with EEA relevance) (2007/385[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 (1) and having regard to their comments, Whereas: 2 1. PROCEDURE On 2 December 2003 Germany informed the Commission of its intention to notify formally their intended intervention in support of a pipeline project between Ludwigshafen in Baden-Wiirttemberg and Miinchsmiinster in Bavaria. On 12 January 2005 Germany, for reasons of legal certainty, formally notified the measure, which, in its () O C 100, 26.4.2005, p. 18. view, was a general infrastructure measure and did not constitute State aid. On 16 March 2005 the Commission initiated the formal investigation procedure in respect of the alleged State aid. The Commission decision to initiate the procedure was published on 26 April 2005 in the Official Journal of the European Union (%). The Commission called on interested parties to submit their comments on the aid. On 19 April 2005 Germany replied to the initiation of the formal investigation procedure (see Section 5). Comments were received from several interested parties. The Association of Petrochemicals Producers in Europe (APPE), some Bavarian companies not participating directly in the project (Mineraloelraffinerie Oberrhein GmbH & Co KG (Miro), Bayernoil Raffineriegesellschaft mbH and Industriepark Gersthofen Service GmbH & Co KG (IGS)) as well as Austria formulated positive comments in letters dated 2 May, 12 May, 17 May, 3 June and 8 June 2005 respectively. One petrochemicals producer who requested anonymous treatment of its identity gave a critical opinion on 24 May 2005. The opinion of Austria has been taken into consideration even though it was submitted after the 30-day deadline specified in the Official Journal. () See footnote 1.