No L 137/24 Official Journal of the European Communities 26. 5. 83 COMMISSION COMMISSION DECISION of 12 January 1983 on an aid scheme in favour of the textile and clothing industry in France (Only the French text is authentic) (83/245/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, After giving notice, in accordance with that Article, to the parties concerned to submit their comments, and having regard to these comments, Whereas : On 19 February 1982 the French Government notified to the Commission a draft Order introducing an aid scheme for the textile and clothing industry, under which the French State would take over part of the burden of social security contributions paid by employers in the industry. The rules for implementing this scheme, promised by the French Government, were in fact notified on 16 April 1982. However, by Order No 204 of 1 March 1982 the abovementioned aid scheme entered into force, and the implementing rules were introduced on 16 April 1982 by Decree No 82340, which was published in the Journal Officiel de la République frangaise on 17 April 1982. By this action the French Government failed to fulfil its obligations under Article 93 (3). The aid scheme provides for the State to take over responsibility for part of the social security contribu- tions, payable by employers in the textile and clothing industry, corresponding to 10 % of the total amount of remuneration, subject to the ceiling, used as the basis for calculating the said contributions, where the firms in question undertake to maintain the level of employment and to attain a certain minimum level of investment. This relief is increased to 12 % where the firm in question also undertakes to create new jobs. Firms whose difficulties are liable to affect the economic and social balance of a region may obtain relief of 8 % without being required to meet the same conditions relating to employment and investment, provided that they present a modernization and adap- tation plan which protects jobs and is approved by the competent administrative authority. This relief from social security contributions is subject to the requirement that a 12-month contract, renew- able for a further 12 months, be concluded between the State and the employer concerned. Following an initial scrutiny, the Commission con- sidered that the scheme was not compatible with the common market and accordingly decided to initiate the procedure provided for in the first subparagraph of Article 93 (2) of the EEC Treaty. By letter dated 14 May 1982 it therefore gave notice to the French Government to submit its comments. I Following the Commission’s initiation of the Article 93 (2) procedure, the French Government submitted its comments by letter dated 16 July 1982. In that letter the French Government stressed the difficulties which the textile and clothing industry in France was facing in terms of job losses, output and import penetration, and the likelihood that such diffi-