23.3.2004 Official Journal of the European Union L 85/27 COMMISSION COMMISSION DECISION of 1 October 2003 on the State aid which Germany intends to grant to Frenzel Kyfthauser Tiefkithlkost GmbH (notified under document number C(2003) 3383) (Only the German text is authentic) (2004/272[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular 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 the interested parties to submit their comments pursuant to those provisions ('), Whereas: I. PROCEDURE By letter dated 5 December 1997, received on 10 December 1997, Germany notified the Commission pursuant to Article 88(3) of the EC Treaty of various aid measures benefiting Frenzel Kyfthduser Tiefkithlkost GmbH. It provided the Commission with further infor- mation in its letters dated 7 April 1998, received on 14 April 1998, 20 October 1998, received on 26 October 1998, 9 February 1999, received on 12 February 1999, 13 August 1999, received on 24 August 1999, two letters dated 22 November 1999, received on 25 November 1999 and 26 November 1999 respectively, and letters dated 17 August 2000, received on 22 August 2000, and 29 November 2000, received on 5 December 2000. In its letter dated 8 February 2001, the Commission informed Germany that it had decided to initiate the procedure provided for in Article 88(2) of the EC Treaty in respect of the State aid. () 0 C 320, 15.11.2001, p. 12. 3) The Commission decision to initiate the procedure was published in the Official Journal of the European Union (%). The Commission called on the interested parties to submit their comments on the state aid. The Commission received no comments from interested parties. Germany sent comments to the Commission by fax dated 12 April 2001, received on 17 April 2001. Further information was submitted to the Commission by letter dated 18 July 2003, received on 24 July 2003. II. DESCRIPTION OF THE AID 1. Title Guarantee for a company engaged in the processing of vegetables 2. Legal basis The German authorities informed the Commission that the aid was to be granted on the basis of the Biirgschaftsrichtlinie des Freistaates Thiiringen fir die gewerbliche Wirtschaft und die freien Berufe (Thuringian guidelines on guarantees for commercial companies and liberal professions) of 8 November 1995. This aid scheme was approved by the Commission in its letter dated 27 December 1996 (*) (SG(96) D/11696). In the Decision approving the aid scheme, the Commission notes that the scheme may not be applied to enterprises involved in the production, processing and marketing of products listed in Annex I to the Treaty. The measure was therefore notified to the Commission as an indivi- dual aid. () See footnote 1. () State aid N 117/1996.