2.7.92 Official Journal of the European Communities No L 182/89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 20 December 1989 concerning aid granted by the Belgian Government to undertakings in the pharmaceutical industry in the form of programme contracts (Only the French and Dutch texts are authentic) (92/327/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty established 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, in accordance with the abovementioned Article 93, and having regard to such comments, Whereas : I By letter dated 12 May 1986 the Commission asked the Belgian authorities to notify public assistance granted to undertakings in the pharmaceutical industry in the form of programme contracts. Since the Belgian authorities did not provide the informa- tion requested, the Commission took the view that, given the high level of intra-Community trade in the pharma- ceutical sector, the measures constituted aid within the meaning of Article 92 (1) and, on the basis of the infor- mation at its disposal, considered that the measures did not seem to satisfy the conditions for exemption laid down in Article 92 (3). It therefore initiated the procedure provided for in Article 93 (2) in respect of the aid by deci- sion adopted on 29 July 1986. By letter dated 1 August 1986, the Belgian authorities belatedly provided certain information concerning the programme contract system. Under the abovementioned procedure, by letter dated 4 August 1986, the Commission gave the Belgian Govern- ment notice to submit its comments. In accordance with the provisions of Article 93 (2), the other Member States and other parties concerned were also given notice to submit their comments. II The Belgian authorities submitted their comments by letter dated S September 1986 ; in the letter, they stated that the programme contract system should be viewed in the context of the setting of prices and of production costs and not as aid to undertakings. The programme contract system, they argued, allowed firms to plan their expenditure forecasts better in relation to their own fore- casts of revenue. By letter dated 21 December 1987, the Belgian authorities announced that they had decided to discontinue the system. Indeed, as far as the Commission is aware, no new programme contract has been concluded. Nevertheless, the existing programme contracts have continued to apply, requiring continued financing of the fund intended for the reimbursement of the additional health insurance costs. Under the abovementioned procedure, two Member States, eight undertakings and one association of pharma- ceutical undertakings submitted their comments. By letter dated 6 October 1989, the Commission passed these comments on to the Belgian authorities, requesting them to submit their observations, which have not, however, been received to date.