L 296/20 Official Journal of the European Communities 30.10.2002 COMMISSION DECISION of 15 January 2002 on the State aid implemented by Germany for Pollmeier GmbH, Malchow (notified under document number C(2001) 4447) (Only the German text is authentic) (Text with EEA relevance) (2002/821/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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: 1. PROCEDURE (1) In 1999, following a series of complaints related to State aid granted to companies of the Pollmeier group, the Commission requested Germany to provide it with all information necessary to examine whether the measures in question were compatible with the common market. The measures related to State aid granted to Pollmeier GmbH, Malchow, and Pollmeier GmbH & Co. KG, Kisslitz, for the construction of a second sawmill in Malchow (Mecklenburg-Western Pomerania) and a third sawmill in Késslitz (Thuringia). The information pro- vided by Germany was incomplete, however, and insuf- ficient to allay the Commission’s doubts as to whether the measures had been granted in accordance with previously authorised schemes. (2)  Pursuant to Article 10(3) 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 (2) and in line with the judgment of the Court of Justice of the European Communities of 5 October (1) 0] C166,9.6.2001, p. 5. (9 OJL 83,27.3.1999,p. 1. ( ( ( ( 4 5 6 ) ) ) ) 1994 in Case C-47/91, (3), the Commission requested Germany by letter dated 17 April 2000 to provide all information necessary to assess whether the aid measures granted to Pollmeier GmbH, Malchow, and Pollmeier GmbH & Co. KG, Kisslitz, fell under a scheme previously approved by the Commission. By letter dated 22 May 2000 (received on 29 May), the annexes to which were received separately on 16 June 2000, and finally by supplementary letter dated 9 August 2000 (received on 11 August), Germany provided the requested information, on the basis of which the Commission is deciding whether the beneficiaries of the measures are to be viewed as SMEs within the meaning of the Community guidelines on State aid for small and medium-sized enterprises (SMEs) (#) (Community guidelines) and Commission recommendation of 3 April 1996 concerning the definition of small and medium- sized enterprises (°) (the recommendation) and thus are entitled to receive the maximum permissible aid intensity of 50 % gross in the assisted areas where the two projects are located. The Commission informed Germany by letter dated 13 March 2001 that it had decided to initiate the procedure provided for in Article 88(2) of the EC Treaty in respect of the aid and at the same time to require the provision of information in accordance with Article 10(3) of Council Regulation (EC) No 659/1999. Germany responded to the initiation of proceedings and the request for the provision of information by letter dated 15 May 2001. The Commission’s decision initiating proceedings was published in the Official Journal of the European Communi- ties (°). At the same time, the Commission called on interested parties to submit their comments. 3) Italy v Commission [1994] ECR [-4635. 0] C 213, 23.7.1996, p. 4. 0J L 107, 30.4.1996, p. 4. See footnote 1.