L 73/38 Official Journal of the European Communities 12.3.98 COMMISSION COMMISSION DECISION of 1 October 1997 concerning the extension of the 8 % investment premium for investment projects in the new Linder pursuant to the Finance Law 1996 (Only the German text is authentic) (Text with EEA relevance) (98/194/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular to Articles 92 and 93 thereof, Having given the other Member States and interested parties, pursuant to Article 93(2) of the EC Treaty, a period in which to submit their comments, Having regard to the comments submitted, Whereas: By decision dated 11 November 1992 (), the Commission authorized an 8 % investment premium for investment projects in the new Ldnder begun before 1 July 1994 and completed before the end of 1996. The aid intensity of 8 % gross (approximately 5,2 % net) relates exclusively to the cost of acquiring assets for fixed investment. The investment premium is granted direct by Federal law, so that every undertaking which fulfils the statutory requirements can claim the premium without the author- ities having to take a discretionary decision. The premium consists of a reduction of corporation tax and can result in a negative tax claim by the State, so that instead of a tax reduction the recipient undertaking receives a sum of money. (") State aid N 561/92, letter of 24 November 1992, ref. SG (92) D/16623. Article 3 of the Investment Premium Law 1993 (InvZulG) was amended by Article 18(1) of the Finance Law 1996 (%) to the effect that the 8 % premium is now granted to investments which were begun after 31 December 1992 but before 1 July 1994 and which will be concluded before 1 January 1999. This extended the time-limit for the implementation of assisted investment projects by two years, but did not change the provisions governing the start of the investment. The Finance Law 1996 came into force on 1 January 1996. By letter dated 17 November 1995, the Federal Ministry of Finance informed the Ldnder tax authorities that the said provision must not be applied before the Commission has approved the aid pursuant to Articles 92 and 93 of the EC Treaty. The letter was published in the Federal Tax Gazette (Bundes- steuerblatt) 1996, Series I, No 1. II The Commission was informed of the amendment to the Investment Premium Law in a communication dated 19 December 1995, ie. six working days before the entry into force of the Finance Law 1996; the amendment was therefore registered as a non-notified aid (NN 6/96). On 3 July 1996 the Commission decided, because the period in which the 8 % investment premium may be claimed was being extended, to initiate the procedure under Article 93(2) of the EC Treaty. Its reason for so doing was that the extension constituted additional State aid for investment projects which were begun before 1 July 1994 and which will be completed in 1997 and () BGBL. 1995, 1-1250.