3.6.93 Official Journal of the European Communities No L 134/25 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 May 1993 concerning a scheme of tax concessions for investment in the Basque country (Only the Spanish text is authentic) (93/337/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, in accordance with the above Article, given the . interested parties notice to submit their observations, Whereas : By letters dated 11 October 1988, 1 February 1989, 25 January 1990, 20 April 1990 and 17 January 1991 from the office of the Permanent Representative of Spain, and in response to the Commission’s requests, the Spanish authorities provided the Commission with infor- mation on the scheme of tax concessions for investment in the Basque country introduced by Provincial Laws 28/1988 (Alava), 8/1988 (Vizcaya) and 6/1988 (Guipiizcoa). Before the scheme is described, it should be borne in mind that the tax relationship between the central government and the Basque country is governed by the economic agreement contained in Law 12/1981. Under the agreement, the competent institutions in each of the three Basque provinces may, under certain conditions, maintain, establish and regulate the tax system within their territory, except for customs duties, tax monopolies and the duty on alcohol, which remain the responsibility of the central government. Under the powers conferred on them by the economic agreement, the competent institutions in the three Basque provinces established, in each province, a common scheme of tax concessions for investment which is described below. The beneficiaries of the scheme are natural and legal persons carrying on activities in the Basque country in agriculture, livestock farming, fisheries, industry and commerce, with the exception of certain activities. Only entities operating exclusively in the Basque country, i.e. those which have all their plants there, may apply for the concessions in respect of corporation tax, while only taxpayers who have their ordinary residence in the province in question and carry on an eligible activity enti- rely in the Basque country may apply for the concessions in respect of personal income tax. These conditions are laid down in the economic agreement. The economic agreement was subsequently amended, with the result that since 1 January 1991 the Basque rules on corporation tax have applied to (i) entities which exclusively in the Basque country and had a turnover in the previous year exceeding Pta 300 million, (ii) entities with their tax domicile in the Basque country and with a turnover in the previous year not exceeding Pta 300 million, and (iii) entities with their tax domicile in the Basque country which carry out less than 75 % of their operations on the combined territory of the three provinces.