29.6.2000 Official Journal of the European Communities L 156/39 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 March 2000 on state aid implemented by Germany in favour of Kvaerner Warnow Werft GmbH (1999) and amending Decision 1999/675/EC (notified under document number C(2000) 1008) (Only the German text is authentic) (Text with EEA relevance) (2000/416/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 regard to Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding ('), as last amended by Directive 94/73/EC (3, and Council Directive 92/68/EEC of 20 July 1992 (}) amending Directive 90/684/EEC on aid to ship- building, Having called on interested parties to submit their comments pursuant to the provisions cited above (%) and having regard to their comments, Whereas: . Procedure (1) By receiving on 4 September 1998 the regular monitoring report of 30 June 1998 on the shipbuilding capacity of Kvaerner Warnow Werft GmbH (hereinafter referred to as KWW), the Commission was informed that KWW would exceed its annual new-building capacity limitation of 85000 cgt in both 1998 and 1999. The forecast production indicated in the report () O] L 380, 31.12.1990, p. 27. () O] L 351, 31.12.1994, p. 10. () O] L 219, 4.8.1992, p. 54. () O] C 41, 16.2.1999, p. 23. was 106 945 cgt for 1998 and 104 560 cgt for 1999. The Commission services sent a letter to the German authorities on 25 September 1998 requesting them to take the necessary measures to make the undertaking comply with the capacity limitation and to inform the Commission of the contents and the result of these measures. Germany replied with its letter dated 20 October 1998. (2) By letter dated 16 December 1998, the Commission informed Germany of its decision to initiate the proce- dure laid down in Article 88(2) of the EC Treaty in respect of this exceeding of the capacity limitation. (3)  The Commission decision to initiate the procedure was published in the Official Journal of the European Communi- ties (°). The Commission invited interested parties to submit their comments on the matter. (4  The Commission received comments from interested parties. It forwarded them to Germany, which was given the opportunity to react. Germany submitted its comments with a letter dated 18 February 1999. (5)  Commission staff visited the shipyard with an external expert on 15 October 1999. On this occasion, the ship- yard presented its amended production plan, which took account of the restriction of production to 91 000 cgt in 1999. The revised production figure for that year was 90 912 cgt. (%) See footnote 4.