19. 3. 87 Official Journal of the European Communities No L 77/47 COMMISSION DECISION' of 3 December 1986 on a proposal by the Belgian Government to grant aid for investments by a flat- glass producer at Moustier (Only the French and Dutch texts are authentic) (87/195/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 in accordance with the above Article to interested parties to submit their comments, and having regard to those comments, Whereas : The Belgian Law of 17 July 1959 introducing and coordi- nating measures to encourage economic expansion and the creation of new industries and the royal decree of 17 August 1959 (') implementing it introduced general measures to assist the Belgian economy in the form, inter alia, of interest rebates on foans raised to pay for invest- ments, government guarantees covering loans contracted by enterprises with banks giving entitlement to a rebate, and exemption for five years from land tax. When it examined the Law in accordance with the proce- dure laid down in Article 93 (1) and (2) of the EEC Treaty, the Commission found that it constituted a general aid scheme as it contained no sectoral or regional objectives. Since the scheme applied to all investments, making no distinction between enterprises, regions or sectors, it could not qualify for application of any of the exceptions provided for in Article 92 (3) (a) or (c) of the EEC Treaty. Without such detailed information, the Commission was unable to assess the scheme’s effects on trade between Member States and on competition, or, more especially, its compatibility with the common market. The Commission has decided to authorize such general aid schemes where one or other of the following two conditions is met: either the Member State concerned notifies to the Commission a plan for regional or sectoral application, or alternatively, where this is not considered feasible, it notifies significant individual awards. Under Commission Decision 75/397/EEC (3, the Belgian Government is required to notify the Commission, giving (") Moniteur belge/Belgisch Staatsblad, 29. 8. 1959. ) OJ No L 177, 8. 7. 1975, p. 13. it time to state its views in advance, of all significant indi- vidual awards under the Law of 17 July 1959, so that the Commission may decide whether they are compatible with the common market. II By letter dated 15 November 1985, the Belgian Govern- ment informed the Commission, in accordance with that procedure, of its intention to grant, under the Law of 17 July 1959, aid towards investments by a flat-glass producer at Moustier in the province of Namur. The investments, which total Bfrs 1 201 725 000, relate to the renovation of one of the two float-glass production lines and the modernization of the other, thereby impro- ving energy use and working conditions without increa- sing optimum capacity. They would make it possible to produce tinted glass and pyrolytically coated glass besides clear glass. The proposed aid would take the form of an interest subsidy of four percentage points for six years on Bfrs 531,6 million, a capital grant of 4 % for six years on Bfrs 269,55 million and exemption from land tax for six years on the whole investment, representing a net grant equiva- lent of 5,8 %. In justification of its proposal, the Belgium Government pointed to the diversification into new high- technology products with the help of the investments in question, which would lead in turn to an increase in exports to third countries, the potential energy savings - and the favourable impact on other businesses in the area, in particular those in the neighbouring steel area of Char- leroi. I After an initial scrutiny of the notification, the Commis- sion concluded that the aid proposals could not be consi- dered compatible with the common market on the ground that they would distort competition and affect trade between Member States to an extent contrary to the common interest, owing notably to the vulnerability of the flat-glass sector and the Commission’s view that the