8.4.2003 Official Journal of the European Union L 91/13 COMMISSION DECISION of 24 September 2002 on an aid scheme which the Federal Republic of Germany is planning to implement — ‘Guidelines on assistance for SMEs — Improving business efficiency in Saxony’: Subprogrammes 1 (Coaching), 4 (Participation in fairs), 5 (Cooperation) and 7 (Design promotion) (notified under document number C(2002) 2606) (Only the German version is authentic) (Text with EEA relevance) (2003/226[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  Germany provided additional information by letters dated 12 March 2001 (registered the same day under A[3069), 13 March 2001 (registered on 20 March Having regard to the Treaty establishing the European under A[3361), 1 June 2001 (registered. on 11 June Community, and in particular the first subparagraph of Article under A[34569) and 9 October 2001 (registered on 10 88(2) thereof, October under A[37882). Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, (4) A meeting between the German authorities and the Commission was held on 14 June 2001 in Berlin. Having called on interested parties to submit their comments pursuant to those provisions (%), (5) By letter dated 2 August 2001, Germany sent summary Whereas: information on the six subprogrammes with a view to ’ exempting them from the requirement of compatibility with the common market until such time as the Commission takes a final decision provided that they comply with Commission Regulation (EC) No 70/2001 1. PROCEDURE of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (*). (1) By letter SG(98) D/9545 dated 12 November 1998, the Commission approved the guidelines of the Land of Saxony on assistance for SMEs until 31 December 2000 (). (6)  The Commission informed Germany by letter SG(2001) D[292745 of 13 December 2001 that it had decided to initiate the formal investigation procedure laid down in Article 88(2) of the EC Treaty in respect of some of the subprogrammes, namely the subprogrammes ‘Coaching’, ‘Participation in fairs, ‘Cooperation’ and ‘Design promotion’. In its decision the Commission did not raise any objections to the subprogrammes ‘External trade consultancy’ and ‘Environmental management’. (2) By letter dated 29 December 2000 (registered as received by the Secretariat-General of the Commission on 3 January 2001 under ref. A[47), Germany notified pursuant to Article 88(3) of the EC Treaty six subprogrammes forming part of a new version of the guidelines (hereinafter referred to as the ‘scheme) (%) that is set to run for five years from the date of Commission approval. The Commission requested further information by letters dated 5 February 2001 (registered under D/50478) and 5 September 2001 (registered under D[53620). (7  In its letter the Commission reminded Germany that Article 88(3) of the EC Treaty had suspensory effect and () OJ C 34, 7.2.2002, p. 2. that Article 14 of Council Regulation (EC) No (%) State aid N 567/98 — Germany (Richtlinien zur Mittelstandsforderung 659/1999 (°), dated 22 March 1999, provides that all — Verbesserung der unternehmerischen Leistungsfahigkeit). unlawful aid may be recovered from the recipient. At (®) The guidelines in their revised form include 11 subprogrammes. The notification was limited to six of them; the others were - considered by Germany not to fall within the scope of Article (% OJL 10, 13.1.2001, p. 33. 87(1) of the EC Treaty. () OJ L 83, 27.3.1999, p. 3.