25. 11. 81 Official Journal of the European Communities No L 338/39 COMMISSION DECISION of 10 November 1581 on a Belgian Government proposal to aid certain investments to be carried out by a Belgian undertaking for the establishment of production capacity of argon (Only the Dutch and French texts are authentic) (81/94S/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, Having given notice to the parties concerned to submit their comments as provided for in Article 93, Whereas : The Belgian Law of 17 July 1959, implemented by the Royal Order of 17 August 1959 (1), introduced general measures to aid the Belgian economy and in particular interest rate rebates on loans contracted to pay for investments, State guarantees covering loans contracted by undertakings with banks where certain interest rebates are given, and exemption for five years from tax on income from immovable property. When examining the Belgian Law, pursuant to the procedure defined in Article 93 (1) and (2) of the EEC Treaty, the Commission pointed out that, since it contained no industrial or regional objectives and permitted aid to be given for investment by any firm in any area or industry, it constituted a general aid system which, as such, could not qualify for exemp- tion under Article 92 (3) (a) or (c). In the absence of such specific references, the Commission could not assess the scheme’s effects on trade between Member States or on competition and was, therefore, unable to form an opinion as to its compatibility with the common market. It is now the well-established policy of the Commis- sion to accept such a general aid scheme subject to one of two conditions, namely that the Member State concerned informs the Commission of either a regional or sectoral plan of application or where this (1) Moniteur Belge, 29. 8. 1959. is felt not to be possible, that it notifies significant individual cases of application. Commission Decision 75/397/EEC (?) required the Government of the Kingdom of Belgium to notify the Commission in advance and in sufficient time of significant cases of application of the Belgian Law of 17 July 1959 introducing measures to promote economic expansion and the creation of new indus- tries so as to enable the Commission to decide on the compatibility of the proposed aids with the common market. 11 By telex dated 8 February 1979, the Belgian Govern- ment informed the Commission of its intention of granting assistance under the Law of 17 July 1959 for investment by a chemical firm located in Antwerp. The firm concerned is the subsidiary of a group specializing in the production of industrial gas. The Belgian firm has 118 employees and its sales totalled Bfrs 1 500 million in 1977. The assistance proposed by the Belgian Government is for the establishment of a plant for the manufacture of argon with an annual production capacity of 10 million m3. The investment would create two new jobs. The assistance would take the form of a six-year 4 % interest relief grant on a loan representing two-thirds of the investment (Bfrs 154 million), equivalent, according to the Belgian authorities, to a grant for 12 % of the investment. The firm concerned exports 32 % of its output to other Member States. If the planned investment project is implemented, Belgium would be the leading producer of argon in the Community. 90 % of the additional output would be exported to France and Germany. () OJ No L 177, 8. 7. 1975, p. 13.