12.5.2005 Official Journal of the European Union L 120/21 COMMISSION DECISION of 20 October 2004 on a State aid measure implemented by Germany for Kvaerner Warnow Werft (notified under document number C(2004) 3921) (Only the German text is authentic) (Text with EEA relevance) (2005/374[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 (') in the version of Directive 92/68/EEC (2), 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)  The German press reported on 12 June 1999 that Kvaerner Warnow Werft GmbH (hereinafter referred to as KWW) had given a loan of around EUR 205 million (¥ to its parent company Kvaerner a.s. (20 The Commission requested detailed information from Germany on the origin of the transferred funds in order to ensure that these funds did not originate from excess payments of restructuring aid paid to the company in 1993 to 1995, or any other aid elements, with the letter dated 16 of June 1999. A meeting was held in Brussels on 22 June 1999 with representatives of Germany and KWW to clarify the matter. The Commission requested additional information from Germany by letters dated 23 June 1999, 12 July 1999 and 8 October 1999. Germany replied by letters of 30 June 1999 and 16 September 1999. (") OJ L 380, 31.12.1990, p. 27. Directive as last amended by Directive 94/73/EC (O] L 351, 31.12.1994, p. 10). (@) O] L 219, 4.8.1992, p. 54. () O] C 134, 13.5.2000, p. 5. (* Amounts in EUR are indicative and rounded. Only figures in DEM represent exact amounts. (3) By letter dated 29 February 2000, the Commission informed Germany that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. (4  The Commission decision to initiate the procedure was published in the Official Journal of the European Commu- nities (°). The Commission invited interested parties to submit their comments on the aid. Germany replied by letter dated 31 March 2000. KWW sent its comments by fax dated 6 June 2000. (5 The Commission received comments from interested parties. It forwarded them to Germany, which was given the opportunity to react; its comments were received by letters dated 6 July 2000 and 4 August 2000. II. DETAILED DESCRIPTION OF THE MEASURE (6)  In October 1992, the German Treuhandanstalt (THA) sold the predecessor of KWW, the East German shipyard Neue Warnow Werft GmbH (hereafter WW) to the Norwegian industrial group Kvaerner a.s. (77 On 20 July 1992, the Council amended by Directive 92/68[EEC the Directive 90/684/EEC (seventh Directive on aid to shipbuilding) in a way that it introduced a derogation from the rules applicable to other Community yards for the shipyards in East Germany in order to create the possibility for those yards to undergo urgent and comprehensive restructuring. In particular, this exception enabled the East German vyards to receive high amounts of operating aid until 31 December 1993. (8)  On adoption of this derogation, the Commission gave an undertaking to the Council that it would use its moni- toring and investigative powers to ensure that the yards in East Germany only receive the aid necessary to restructure. () See footnote 3.