Official Journal of the European Communities 14. 8. 85 No L 217/20 (Acts whose publication is not obligatory) - COMMISSION COMMISSION DECISION of 5 june 1985 concerning an aid scheme in favour of the textile and clothing industry in France funded by means of parafiscal charges (Only the French text is authentic) (85/380/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 the said Article 93, and having regard to those comments, 7 Whereas : On 5 July 1984, the French Government belatedly informed the Commission of three decrees amending and extending previously existing aid schemes for the textile and clothing industry, funded by two parafiscal charges levied under the same procedure as value added tax on sales of textile and clothing products in France. By Decrees No 84/388, No 84/389 and No 84/390, published in the Official Gazette of the French Repu- blic of 25 May 1984, the Comité de développement et de promotion du textile et de I'habillement (CDPTH) was created and two previous parafiscal charges, based on decrees No 82/1242 and No 82/1243 in respect of which the Commission delivered a final negative deci- sion on 20 July 1983, were merged in order to provide for one aid scheme in favour of the textile and clothing industry. The decrees entered into force retro- spectively on 1 January 1984, whereby the French Government failed to comply with its obligations under Article 93 (3) of the EEC Treaty. Under those three decrees, the scheme provided for aid amounting to some FF 250 million annually, of which a certain amount was earmarked for joint research, development and promotion projects. The remaining proceeds from the parafiscal charges were to be allocated to individual aid measures for textile and clothing firms for the purpose of modernization and rationalization investment. The two schemes had been in force, with certain amendments and extensions, since 1965 in the case of the textile industry and since 1969 in the case of the clothing industry. Following initial scrutiny, the Commission took the view that the measures in ques- tion would help to provide the recipient industries with considerable financial support, on a scale and in such forms that trade was bound to be affected and conditions of intra-Community competition distorted. On account of their objectives and duration, the Commission considered these measures tantamount to operating aid. Furthermore, they could be combined with other general or specific measures of assistance for which the textile and clothing/knitwear industries were eligible. The two decrees contained no provisions designed to prevent increases in production capacity in branches already experiencing surpluses, nor did