No L 72/30 Official Journal of the European Communities 15. 3. 86 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 December 1985 on the aid which the Land of Rheinland-Pfalz of the Federal Republic of Germany has provided to an undertaking  producing primary aluminium, situated in Ludwigshafen (Only the German text is authentic) (86/60/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- 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 : L By telexes dated 26 July 1983 and 10 October 1983 and following a Commission request, the German Govern- ment notified the Commission of the intention of the Land of Rheinland-Pfalz to grant an aid of DM 8 million to an undertaking producing primary aluminium, employing 350 persons and situated in Ludwigshafen of this Land. The aid would take the form of a grant and it would constitute an ad hoc measure provided on the basis of paragraphs 23 and 37 of the Budgetary Statute of the Land of Rheinland-Pfalz. Being an ad hoc measure and as it did not constitute an application of an existing aid scheme approved by the Commission, the aid in question should have been noti- fied to the Commission in advance and in accordance with the provisions of Article 93 (3) of the EEC Treaty. Following the initial scrutiny, the Commission considered that the aid in question was a rescue aid that would allow the undertaking to remain in operation for a period of 12 months, starting from February 1983. The difficulties of the undertaking resulted from the steep rise in the electricity charges it had to pay following the expiry of its electricity supply contract in September 1982. The Commission noted that steep rises in electricity tariffs are a serious problem that all aluminium producers who do not generate their own electric power may have to face, and its importance originates from the fact that elec- tricity costs may account for more than 30 % of the costs of smelting aluminium. The Commission, therefore, considered that the provision of State aid in order to assist one firm to meet a problem that practically the entire sector is facing was liable to distort competition and to affect trading conditions between Member States to an extent contrary to the common interest. Consequently, the Commission initiated the procedure provided for in the first subparagraph of Article 93 (2) of the EEC Treaty. By letter dated 25 November 1983 it gave the German Government notice to submit its comments. In conformity with the provisions of Article 93 (2) of the EEC Treaty, the other Member States and third parties were also given notice to submit their comments. L The German Government, in submitting its comments under the procedure provided for in Article 93 (2) of the EEC Treaty by letter of 12 January 1984, stated that the aid in question must be regarded as a temporary support of an emergency nature. As a result of the steep rise in its