27. 9. 96 Official Journal of the European Communities No L 246/41 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 30 April 1996 enjoining the Kingdom of Spain to provide the necessary information in order to prove definitively that aid was granted under an existing aid scheme (Only the Spanish text is authentic) (Text with EEA relevance) (96/562/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Articles 5, 92 and 93 thereof, and having regard to the Agreement establishing the European Economic Area, and in particular Articles 61 and 62 thereof, Whereas: By letter dated 16 December 1994, the Commission received a complaint concerning Porcelanas del Norte SAL (Ponsal). The complainant alleged that Ponsal had been given significant amounts of aid in 1994 by the Government of Navarra, including a bank guarantee of Pta 1 200 million, a subsidy of Pta 100 million for crea- ting employment, a subsidy of 20 % for investing in fixed assets and a partial waiver of taxes and social duties due to the Spanish authorities. These aids were not notified to the Commission in spite of the obligations to be fulfilled by the Member States pursuant to Article 93 (3) of the EC Treaty. The complainant also enclosed a copy of Foral Law 11/1994 of 4 July by which the Parliament of Navarra would have approved the grant of a bank guarantee of Pta 1200 million, mentioned above, and the purchase by Ponsal of an industrial estate belonging to the Govern- ment of Navarra valued at Pta 600 million with a subsidy of 20 %. By letter dated 23 January 1995, the Commission requested the Spanish authorities to provide relevant information on the aid schemes in favour of Ponsal as they were alleged by the complainant. By letter dated 17 March 1995, the Spanish authorities answered that all aid to Ponsal was awarded under an existing aid scheme for rationalizing and reviving com- panies in crisis, as previously communicated to and not challenged by the Commission on the occasion of Spain’s accession to the European Community and contained in Foral Law 1/1985 of 4 March. According to the Spanish authorities, the Government of Navarra’s freedom to award aid under this aid scheme was limited later by two additional legal acts: Foral Law 17/1985 of 27 September and Foral Law 8/1988 of 26 December. These two laws established ceilings for the government’s award of aid, above which parliamentary approval was required for awarding aid under Foral Law 1/1985 of 4 March. Thus, Foral Law 17/1985 of 27 September required approval by the Parliament of Navarra if the Government of Navarra undertook the sale of any real estate valued at more than Pta 200 million whereas Foral Law 8/1988 of 26 December required specific authorization by the Parli- ament of Navarra if a bank guarantee to be awarded was to exceed Pta 100 million. As this was the case with