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C 307/8 EN Official Journal of the European Communities 7.10.

98

The Commission hereby gives notice to the French European Commission,


Government to submit all the comments necessary to Directorate-General for Competition (DG IV),
asses the compatibility of the aid within one month of State Aid Directorate,
the date of this letter.’ Rue de la Loi/Wetstraat 200,
B-1049 Brussels;
Fax (32-2) 296Ø98Ø17.
The Commission hereby gives notice to Member States
not involved in the case and other parties concerned to
submit their comments within one month of the date of These comments will be communicated to the French
this notice to: Government.

STATE AID
CØ35/98 (ex NØ783/97 and NØ160/98)
Italy

(98/C 307/09)

(Text with EEA relevance)

(Articles 92 to 94 of the Treaty establishing the European Community)

Commission notice pursuant to Article 93(2) of the EC Treaty to other Member States and
interested parties concerning an Italian notification of regional investment aid under Italian Law
488/92 for the creation of two new shipyards (Oristano and Belvedere Marittimo)

By the letter reproduced below, the Commission By letter SGØD/55737 of 15 December 1997 the
informed the Italian Government of its decision to open Commission asked for additional information and stated
the procedure provided for pursuant to Article 93(2) of that an operation of this nature could possibly be
the EC Treaty. contemplated only on condition that, as stipulated in
Article 6 of the Directive on shipbuilding, the new
capacity is directly linked to a corresponding irreversible
reduction in other capacities over the same period.
‘By letter No 7715 of 17 November 1997, registered by
the Commission on 18 November 1997, the Italian
Government notified the Commission of a plan to grant
investment aid under Law 488/92 for the construction of By letter No 1579 of 6 March 1998, registered on
a new shipyard at Oristano (Sardinia). 12 March 1998, the Italian authorities acknowledged
that they were unable to provide a precise list of
shipyards deleted from the Italian Special Register of
shipyards or to state whether the capacity of recently
closed yards corresponded to the new capacity that was
The shipyard is to build twin-hull or single-hull fast
to be created. The project promoters provided, for their
ferries using existing technology originating in Australia
part, a list of small yards that had shut down or ceased
and already used by another Italian shipyard specialised
shipbuilding activities in the more or less recent past.
in this type of vessel. The initial objective is to build one
vessel, representing 80Ø000 man-hours of labour, per
year. Since Sardinia is an Objective 1 region, investment
aid may be granted there up to a maximum of 50Ø% nge
plus 15Ø% gge. The investment cost of the project is By letter No 1582 of 6 March 1998, registered on
ITL 83,9Ø% billion and the nominal amount of the aid, 12 March 1998, at the same time as their answer to the
which has been set at 89Ø% of the maximum allowed, is request for additional information on the Oristano yard,
ITL 53,4 billion. the Italian authorities notified the Commission of a
7.10.98 EN Official Journal of the European Communities C 307/9

second plan to create a shipyard that was to be identical Furthermore, the Commission hereby informs the Italian
in all respects to the one described above, but located at Government that it will be publishing a notice in the
Belvedere Marittimo (Calabria). Since Calabria is also an Official Journal of the European Communities inviting
Objective 1 region, investment aid may be granted there other Member States and interested parties to submit
up to a maximum of 50Ø% nge plus 15Ø% gge. The their comments.
investment cost of the project is also ITL 83,9 billion and
the nominal amount of the aid, which has been set
The Commission would draw the attention of the Italian
for this project at 89Ø% of the maximum allowed, is
Government to the letter which it sent to all the Member
ITL 54,6 billion.
States on 3 November 1983 on the subject of their obli-
gations under Article 93(3) of the EC Treaty and to the
Investment aid for the creation of new shipyards must be notice it published in the Official Journal of the European
assessed in the light of Article 6(1) of Directive Communities C 318 of 24 November 1983, page 3, in
90/684/EEC on aid to shipbuilding, the application of which it was stipulated that any aid granted unlawfully,
which was last extended by Regulation (EC) No i.e. without awaiting the Commission’s final decision
2600/97, which stipulates that investment aid, whether under the procedure provided for in Article 93(2) of the
specific or non-specific, may not be granted for the EC Treaty, may have to be recovered.
creation of new shipyards unless it is directly linked to a
corresponding irreversible reduction in the capacity of The Commission would also remind the Italian auth-
other yards in the same Member State over the same orities that, as it stated in its letters of 4 March 1991 and
period. Since the Italian authorities have themselves 22 February 1995, the amount of any unlawfully granted
stated that they were unable to establish whether the aid that is to be recovered from the beneficiaries will
capacity of recently closed yards corresponded to the have to carry interest running from the date of actual
new capacity which would be created, or to provide the payment of the aid and calculated at the reference rate
names of shipyards which had irreversibly closed down used for regional aid.’
their shipbuilding activities and should therefore be
deleted from the Special Register of Italian shipyards,
the Commission can only find that the conditions laid The Commission hereby gives notice to Member States
down in Article 6 of the Directive are not met. not involved in the case and other parties concerned to
submit their comments within one month of the date of
this notice to:
Consequently, in the light of the comments set out
above, the Commission hereby informs the Italian European Commission,
Government that is has decided to initiate proceedings Directorate-General for Competition (DG IV),
under Article 93(2) of the EC Treaty in respect of the Directorate for State Aid II,
planned aid for the creation of new shipyards at Rue de la Loi/Wetstraat 200,
Oristano (Sardinia) and Belvedere Marittimo (Calabria). B-1049 Brussels.
Fax (32-2) 296Ø98Ø17.
As part of those proceedings, the Commission hereby
gives the Italian Government notice to submit its These comments will be communicated to the Italian
comments within two months of the date of this letter. Government.