L 148/36 Official Journal of the European Communities 19.5.98 COMMISSION DECISION of 21 January 1998 concerning aid granted by the Flemish Region to the company Air Belgium and the tour operator Sunair in connection with the use of Ostend Airport (Only the Dutch and French texts are authentic) (Text with EEA relevance) (98/337/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Atrticle 93(2) thereof, Having regard to the agreement on the European Economic Area, and in particular point (a) of Article 62(1) thereof, Having served notice on the interested parties, in accord- ance with the provisions of the abovementioned Articles, to pass on their comments, and in view of those comments; Whereas: THE FACTS In letters dated 1 and 20 June 1995 respectively the Belgian Tour Operators’ Association lodged a complaint with the Commission against the subsidies granted by the Flemish Region to tour operators and airlines operating non-scheduled flights to and from Ostend Airport. As a result of the complaint the Commission conveyed that information to the Belgian authorities by mail on 15 September 1995 and then asked them to answer the two following questions in order to enable the Commission to examine the matter in the light of Articles 92 and 93 of the Treaty with regard to State aids. — What action has the Flemish Region taken in order to assist tour operators and airlines using Ostend Airport? On what date did that action take effect? Would you please supply a copy of the regulations or decisions introducing such action. — Since such action was initiated what amounts have been paid to the tour operators and airlines using Ostend Airport? Would you please supply a detailed table of the amounts in question, broken down according to recipient company, for each year involved. In its letter of 17 October 1995 the Belgian Government sent the Commission a detailed answer to those questions. It emerged from this that the action by the Flemish Region to assist tour operators and airlines using Ostend Airport was intended to promote charter flights from that airport. It was the outcome of an agreement reached on 1 March 1994 between (a) the Flemish Region and (b) the airline Air Belgium NV and the tour operator Sunair NV. Under that agreement Air Belgium and Sunair undertook to implement a minimum programme of 36 charter flights (corresponding to an estimated 5202 passengers) between Ostend Regional Airport and Majorca, Alicante and Monastir during the 1994 summer season, namely between June and September. Among other things they also undertook to provide a comparable schedule of flights in 1995 and 1996. In return ‘in view of the import- ance in economic and tourism terms of the expansion of charter flights from Flemish airports’ the Flemish Region confers the following advantages (Article 3 of the agree- ment, paragraphs 1 to 4), more particularly in order to provide the flights in question with: — for 1994, an exemption from landing and parking fees (Article 3(1)), — solely for 1994 and within the limit of 7 000 passen- gers carried, a subsidy calculated in such a way that Air Belgium and Sunair may offer each passenger a discount of BEF 1 000 as compared with the normal fare charged at Brussels-National Airport (Article 3(2)), — a programme promoting the flights in question, covering a maximum figure of BEF 4,5 million (2,5 million for 1994 and 1 million each for 1995 and 1996). That programme, drawn up jointly with Air Belgium and Sunair, will take the form of advertise- ments, posters and other activities intended to promote the regional Flemish airports of Ostend and Antwerp in general. In 1995 and 1996 it could also take the form of a further exemption from landing and parking fees (Article 3(3)), — for 1994 only, a subsidy intended to compensate Air Belgium for the additional cost of using Ostend