L 150/64 Official Journal of the European Communities 23.6.2000 COMMISSION DECISION of 22 December 1999 on State aid implemented by Germany in favour of Entstaubungstechnik Magdeburg GmbH (notified under document number C(1999) 5205) (Only the German text is authentic) (Text with EEA relevance) (2000/395/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 given notice to the parties concerned to submit their comments in accordance with the abovementioned provisions, Whereas: ) I. PROCEDURE On 15 March 1995 the Commission initiated a formal investigation procedure in respect of State aid for SKET Schwermaschinenbau Magdeburg GmbH, Magdeburg (SKET SMM)(Y). Since plans were afoot to turn Entstaubungstechnik Magdeburg GmbH, Magdeburg (ETM) into a subsidiary of SKET SMM, the procedure was extended to include ETM. The procedure was given the number C 16/95. On 30 July 1996 procedure C 16/95 was extended to include aid which had been paid out since the decision was taken to initiate the procedure(?) and which was not covered by that decision. The potential investors (Oestmann & Borchert Industriebeteiligungen (GbR) abandoned the restructuring plan at the end of 1995. A new plan involving additional aid was subsequently notified. On 26 June 1997 in respect of the aid for SKET SMM the Commission adopted a final negative decision, Decision 97/765/EC (%). This Decision did not apply to ETM. The procedure concerning ETM was given the number C 16b/95. In January and August 1997 Germany informed the Commission of the aid which ETM had received since () O C 215, 19.8.1995, p. 8, and OJ C 298, 9.10.1996, p. 2. (3) 0] C 298, 9.10.1996, p. 2. () OJ L 314, 8.11.1997, p. 20. 1994. At a meeting with the Commission, Germany announced ETM's privatisation. In April 1998 the Commission asked Germany for details of the privatisation. These were provided that same month. It asked for further information in May 1998, and this was furnished by Germany in May and July 1998. Additional questions were put in December 1998, and these were answered in January 1999. In August 1999 a number of final questions were put, to which answers were received in September 1999. II. DETAILED DESCRIPTION OF THE AID ETM is based in Magdeburg Saxony-Anhalt. In 1997 it employed some 110 people and achieved a turnover of DM 13,4 million. It designs and manufactures advanced air and smoke filtering systems. It has a share of the relevant market as described below of around 1 % ETM's current business activity dates back to 1970, when new environmental legislation was introduced in the German Democratic Republic. The firm, retooled to produce filtering systems, was integrated in the air - and refrigeration-technology combine. As a result, in 1989 it was transferred to the Ernst Thilmann heavy machinery combine. As a result, in 1990 it became a subsidiary of SKET AG. In 1992 its shares were transferred to the Treuhandanstalt (THA’). When the THA was dissolved, the shares passed to the Bundesanstalt fiir vereinigungsbedingte Sonderaufgaben (BvS), in whose hands they remained until the privatisation and their sale to the PKA group. The privatisation occurred in January 1998, when ETM was sold to PKA Umwelttechnik GmbH & Co. Kg., a member of the PKA group. The PKA group is based in Germany but operates worldwide in various markets for environmental technologies. the group is made up of small firms active in several different product markets. The products and services on offer include, in particular, the design, construction and sale of plants for the treatment and processing of sludge, refuse and waste, together with the