18.12.1999 Official Journal of the European Communities L 326/57 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 28 July 1999 on State aid granted by the Federal Republic of Germany to Kranbau Eberswalde GmbH (notified under document number C(1999) 2915) (Text with EEA relevance) (Only the German version is authentic) (1999/840/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 Article 88(2) of the EC Treaty and Article 6(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 () laying down detailed rules for the application of Article 93 of the EC Treaty (%), Whereas: I. PROCEDURE (1) By letter dated 25 June 1997, received by the Commis- sion on 27 June 1997 and registered under number N 433/97, the German authorities notified the Commis- sion of aid from the Federal Office for Special Unifica- tion-related Tasks (BvS) and the Land of Brandenburg for Kranbau Eberswalde GmbH (Kranbau Eberswalde’). By letter dated 28. July 1997, the Commission requested further information. Germany replied by letter dated 10 September 1997, received by the Commission on 11 September 1997. By letter dated 25 November 1997, received by the Commission on 26 November 1997, Germany notified further possible aid measures which 0 83, 27.3.1999, p. ( 8, o] L 1. %) O] C 353, 19.11.1998, p. 3. were being pressed for by the private investor. On 21 January 1998, the case was reclassified under the number NN 9/98. The formal investigation procedure was initiated in March 1998, and a letter stating the reasons for this was sent to the German authorities on 16 April 1998. The contents of this letter were published in the Official Journal of the European Communi- ties on 19 November 1998 (%). By letter dated 20 August 1998, received on 24 August 1998, Germany stated its position on the initiation of the formal investigation procedure. A meeting with the investor and the recipient took place on 11 October 1998, and the German authorities confirmed the information provided at the meeting by letter dated 23 December 1998. The comments of interested parties were sent to Germany on 1 March 1999, to which Germany replied by letter dated 12 April 1999. Further information was provided by Germany by letter dated 12 July 1999, received on 13 July 1999, and by letter dated 23 July 1999, received on the same day. II. THE UNDERTAKINGS (2)  The aid recipient is Kranbau Eberswalde, based in Ebers tilde (Brandenburg) (*, which produces special cranes for loading in ports, in combined road-rail transport and for other purposes. In 1998, it had a workforce of 160 and an annual turnover of DEM 75 million. As it is part of the Koehne Group (see below), it is not a small or medium-sized enterprise (SME) within the meaning of the Community guidelines on State aid for small and medium-sized enterprises (°). () See footnote 2. (*) The unemployment rate in the relevant region is 22,1 %. If secon- dary employment is also taken into account, the figure is increased by a further 6,9 %. () O] C 213, 27.7.1996, p. 4.