L 120/12 Official Journal of the European Communities 20.5.2000 COMMISSION DECISION of 15 February 2000 on State aid implemented by Germany in favour of Kvaerner Warnow Werft GmbH (notified under document number C(2000) 516) (Only the German text is authentic) (Text with EEA relevance) (2000/336EC) 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 Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, and in particular Article 14(1) thereof (1), Having regard to Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding (%), as last amended by Directive 94/73/EC (*), and Council Directive 92/68/EEC of 20 July 1992 amending Directive 90/684/EEC on aid to shipbuilding (4), Having called on interested parties to submit their comments pursuant to the provisions cited above (°) and having regard to their comments, Whereas: I. PROCEDURE (1) Commission staff conducted a monitoring visit to Kvaerner Warnow Werft GmbH (KWW) on 25 March 1999 with an external expert in order to verify the amount of excess production in 1998. It was concluded during the visit that production in 1997 had been 93 862 cgt, thereby exceeding the capacity limitation of () OJ L 83,27.3.1999, p. 1. () OJ L 380, 31.12.1990, p. 27. () OJ L 351, 31.12.1994, p. 10. () OJ L 219, 4.8.1992, p. 54. (*) O] C 245, 28.8.1999, p. 24. 85000 cgt by 8862 cgt. This figure of excess production in 1997 was based on the revised production figures for 1998, which were confirmed by Germany in its letter of 19 March 1999. Since Germany did not provide a revised report as regards 1997 production, the figure of 93 862 cgt was considered final. (2) By letter dated 20 July 1999, 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 this exceeding of the capacity limitation. (3) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities (°). The Commission invited interested parties to submit their comments on the measure. (4) The Commission received comments from interested parties. It forwarded them to Germany, which was given the opportunity to react. II. DETAILED DESCRIPTION OF THE AID (5) By its decisions communicated to Germany by letters of 3 March 1993 (N 692/D/91), 17 January 1994 (N 692[]/91), 20 February 1995 (N 1/95), 18 October 1995 (N 637/95) and 11 December 1995 (N 797/95), the Commission approved restructuring aid for KWW in accordance with Directive 90/684/EEC to allow the comprehensive restructuring of the former East German shipyard. The aid was approved subject to a capacity restriction of 85000 cgt per year, compliance with which is monitored by the Commission. (6) The Warnow Werft shipyard, situated in Rostock- Warnemiinde in  Mecklenburg-Western ~ Pomerania, Germany, was sold by the Treuhandanstalt to Norwegian (%) See footnote 4.