27.2.2004 Official Journal of the European Union L 61/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 27 November 2002 on the aid scheme implemented by Germany: Thuringia consolidation programme (notified under document number C(2002) 4357) (Only the German text is authentic) (Text with EEA relevance) (2004/165/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, Whereas: 1. PROCEDURE () The rules governing the Thuringia consolidation programme (hereinafter referred to as the rules) entered into force on 20 July 1993 (!). The Thuringian authorities took the view that the rules complied with the de minimis provisions introduced in the Community’s 1992 guidelines on state aid for small and medium-sized enterprises (%) (hereinafter referred to as the SME guidelines) and so did not notify them under Article 88(3) of the EC Treaty. (20 On 16 January 1996 the rules were replaced by the Thuringia loan programme for small and medium-sized enterprises. (3) By letter dated 26 January 1999 (ref. SG(99) D/580), the Commission informed Germany that it had decided to (1) Thiiringer Staatsanzeiger No 33/1993, p. 1414. () O] C 213, 19.8.1992, p. 2. initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid scheme. (4)  The Commission decision to initiate the procedure was published in the Official Journal of the European Communities (°). The Commission called on interested parties to submit their comments on the scheme but did not receive any comments from interested parties. By letter dated 2 March 1999, Germany requested an extension of the deadline for submitting its comments, which the Commission granted by letter dated 11 March 1999. Germany’s comments were sent by letters dated 29 March, 19 August and 26 August 1999. (5)  Germany submitted its final comments by letter of 26 November 2001. 2. DESCRIPTION OF THE MEASURE 2.1. Title and legal basis (6)  The aid is granted by the public-sector Thiiringer Aufbaubank (Thuringia Reconstruction Bank), acting on behalf of the Thuringia Ministry for Economic Affairs and Transport on the basis of Sections 23, 44 and 44a of the Land Budget Order, in accordance with the rules on the Thuringia consolidation programme. () OJ C 108, 17.4.1999, p. 26.