19. 11. 82 Official Journal of the European Communities No L 323/31 COMMISSION COMMISSION DECISION of 22 July 1982 on a Belgian Government aid scheme concerning the setting-up of a new factory by a soft drinks manufacturer (Only the Dutch and French texts are authentic) (82/774/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first para- graph of Article 93 (2) thereof, Having given notice to the parties concerned to submit their comments as provided for in the said Article 93, and having regard to those comments, Whereas : The Belgian Law of 17 July 1959, implemented by the Royal Decree of 17 August 1959 {*), introduced aid to the Belgian economy designed in particular to facili- tate investment by the recipients of such aid; the aid in question consists of certain interest rebates, State guarantees and exemption for up to five years from the tax on real property. Examining the Belgian Law pursuant to the procedure laid down in Article 93 (1) and (2) of the EEC Treaty, the Commission found that it constitutes a general aid scheme having no sectoral or regional objectives ; the aid for which it provides is applicable to investments by any undertaking in any area or industry ; therefore, the aids could not qualify for exemption under Article 92 (3) (a) and (c) of the EEC Treaty ; in the absence of such specific sectoral or regional references, the Commission could not assess the effects of the general aids on trade between Member States or on competi- tion 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 general aid schemes subject to one (') Moniteur belge, 29 August 1959. of two conditions, namely that the Member State concerned informs the Commission of either a regional or sectoral plan of application or, where this is felt not to be possible, that it notifies significant individual cases of application. Commission Decision 75/397/EEC (3 required the Belgian Government to notify the Commission in advance and in sufficient time of significant cases of application of the Belgian Law of 17 July 1959 so as to enable the Commission to decide on the compatibi- lity of the proposed aids with the common market. 11 By letter dated 13 April 1981, the Belgian Govern- ment informed the Commission of its intention to grant aid under the abovementioned Law for invest- ment by a soft drinks manufacturer. It was the intention of the recipient undertaking, a company whose head office is in the State of Delaware in the United States of America and which manufac- tures and distributes soft drinks in many countries, to set up a new factory in the province of Brabant with a view to manufacturing, bottling and distributing its products. Before setting up this new plant, the undertaking in question distributed part of its products through a Belgian undertaking firmly established in this sector. The aid contemplated would take the form of a five- year 3 % interest rebate on an amount of Bfrs 428 million and exemption for three years from the tax on real property, and would amount to about 4.6 % net grant equivalent of the total investment. ( OJ No L 177, 8. 7. 1975, p. 13.