No C 127/4 Official Journal of the European Communities 23. 5. 90 
STATE AID 
C 26/89 
(Spain) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 127/05) 
Notice pursuant to Article 93 (2) of the EEC Treaty to 
parties concerned other than Member States, regarding 
the aid to shipbuilding in Spain provided under Royal 
Decrees 1239/1987 and 1433/1987 and the sector's 
restructuring programme for the period 1987 to 1990 
As provided for by Article 9 of the Sixth Council 
Directive on aid to shipbuilding, operating aid for ship­
building and ship conversion in Spain may be considered 
compatible with the common market provided that: 
— Spain's shipbuilding industry has undertaken a 
systematic and specific restructuring programme, 
including capacity reductions, which can be 
considered capable of allowing it, within four years, 
to operate competitively, 
— the aid is being progressively reduced. 
After examining the restructuring programme submitted 
by the Spanish Government, the Commission has doubts 
as to whether this programme could allow the Spanish 
shipbuilding industry to operate competitively and on 
Notice pursuant to Article 93 (2) of the EEC Treaty to 
parties concerned other than Member States as regards 
the provision of state aid by the German Government in 
connection with reorganization and restructuring of a 
number of shipyards in the Land of Bremen and Nieder-
sachsen 
1. Having initiated the procedure provided for in 
Article 93 (2) of the EEC Treaty in respect of the above 
aid, the Commission hereby gives notice to all parties 
concerned other than Member States to submit their 
comments within one month of the date of this notice to: 
The Commission of the European Communities, 
200 rue de la Loi, 
B-1049 Bruxelles. equal terms with the shipbuilding industries of the other 
Member States as of 1991. The Commission's doubts 
relate in particular to the structure of the sector and the 
productivity of the yards in 1991 and to the size of the 
aid proposed. 
The Commission draws attention to the Communication 
it published in Official Journal No C 318 of 24 
November 1983, p. 3, and would inform any existing or 
potential recipients of the aid referred to in paragraph 1 
above of its uncertain status in that any recipient of aid 
granted illegally, i.e. before the Commission has reached 
a final decision upon it, may have to repay it. 
The Commission hereby gives parties concerned other 
than Member States notice to submit their comments on 
the measure referred to in paragraph 1 above within one 
month of the date of publication of this notice to: 
The Commission of the European Communities, 
200 rue de la Loi, 
B-1049 Brussels. 
2. The present matter is concerned with the restruc­
turing of the Bremer shipbuilding industry, principally by 
the establishment of the 'Bremer Werftenverbund' 
grouping together a number of shipyards. After exam­
ination, under Article 5 of the Sixth Council Directive of 
26 January 1987, of the state aid elements involved in 
the acquisition of financial stakes in some companies by 
others in pursuance of this objective and, under Articles 
6 and 7 of the Directive, in the provision of guarantees 
in support of investment and closure costs, the 
Commission considers the measures to be incompatible 
with the common market. 
3. Inquiries regarding this notice may be made to the 
Directorate-General for Competition, Directorate E, 
Division 5, tel. (032) 2 235 11 11, ext. 62368. STATE AID 
NN 121/87-63/88 — C 18/89 
(Federal Republic of Germany) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 127/06)