20. 1. 96 Official Journal of the European Communities No L 15/31 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 October 1995 concerning aid granted by the Flemish region of Belgium to the truck producer (Only the French and Dutch texts are authentic) (Text with EEA relevance) (96/75/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to the Agreement establishing the Euro- pean Economic Area, and in particular point (a) of Article 62 (1) thereof, ‘ Having given the parties concerned the opportunity to submit their comments, in accordance with the above- mentioned Articles (%), Whereas : I By letter dated 2 December 1993, the Commission informed the Belgian government of its decision to initiate the procedure provided for in Article 93 (2) of the EC Treaty in respect of the public intervention of the Flemish Region of Belgium in the new DAF company as well as of any possible aid elements contained in the dissolution of the former DAF company and requested it to submit its comments within one month from the date of that letter. In opening the procedure, the Commission expressed its serious doubts as to the compatibility of the aid with the common market for the following reasons: () OJ No C 31, 2. 2. 1994, p. 4. — the public interventions concerned a company in difficulties, operating in a sector which suffers from surplus capacity, ' — the public participation in the new DAF company, (including an equity participation and a risk-bearing loan) could possibly not be in conformity with stan- dard company practice in a market economy, — no premium was charged for the transfer from the old to the new company of commercial loans which partly contained a State guarantee, — the sale of the assets of the old company DAF to the new company and the role of the public authorities may imply that a financial advantage, in the form of a lower purchase price of those assets, has been conferred on the new company. _ Since the guidelines on State aid to the motor vehicle industry apply, the Commision added that aid could be subjected to appropriate strict conditions. Such conditions could only be imposed by a final decision following this procedure. II Following the opening of the procedure, the Belgian Permanent Representation submitted the comments of the Flemish government by letter dated 23 February 1994. By letter from the Belgian Permanent Representation dated 12 October 1994, the Commission received supple- mentary information from the Flemish authorities in response to the Commission’s detailed questionnaire of 14 June 1994.