Proposal for a Council Directive amending Directive 90/684/EEC on aid to shipbuilding (94/C 334/13) (Text with EEA relevance) COM(94) 444 final - 94/0238(ACC)

(Submitted by the Commission on 10 November 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 92 (3) (e) and 113 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Council Directive 90/684/EEC (1), as last amended by Directive 93/115/EC (2), will expire on 31 December 1994;

Whereas the aid policy established in Directive 90/684/EEC has generally achieved its objectives;

Whereas the text of an agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry has been agreed within the OECD between the world's most important shipbuilding nations, including the Community, which excludes all aid for shipbuilding, except for aid for research and development and social aid related to closures;

Whereas that agreement should enter into force on 1 January 1996, after deposit of instruments of ratification, acceptance or approval by the parties thereto;

Whereas the parties to the agreement have agreed not to increase their present level of aid to the shipbuilding industry until the entry into force of the agreement;

Whereas provision should be made for Spain to pay aid already approved by the Commission in 1991 (3) for which a derogation to the OECD agreement has already been made up until the end of 1998;

Whereas the latest technological developments in the building of vessels make it appropriate to adapt the definition of vessels covered by Directive 90/684/EEC eliminating the requirement that vessels should have a metal hull,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 90/684/EEC is amended as follows:

1. Article 1 is amended as follows:

- the opening phrase of point (a) is replaced by the following:

'(a) "shipbuilding" means the building in the Community of the following sea-going vessels.`,

- in point (b), the term 'metal-hulled sea-going vessels` is replaced by 'sea-going vessels`.

2. The following Article 5a is inserted:

'Article 5a

Notwithstanding Article 5 (1), Spain may grant operating aid above the set aid ceiling in so far as it concerns aid already approved in the past, in the form of loss compensation to the public yards to facilitate their restructuring, and which has not been paid due to budgetary difficulties up until 31 December 1994. This outstanding aid, plus interest due to delays in the payments' schedule, amounts to a maximum of Pta 89,104 billion as at 31 December 1994, of which Pta 64,196 billion represent the outstanding aid and Pta 24,908 billion represent the interest on arrears. Release of this total amount of a maximum of Pta 89,104 billion must be subject to individual notification and prior approval by the Commission before 31 December 1995 and must be paid by 31 December 1998.`

3. Article 13 is replaced by the following:

'Article 13

This Directive shall apply from 1 January 1991 to 31 December 1995.`

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

This Directive shall enter into force on 1 January 1995.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 380, 31. 12. 1990, p. 27.

(2) OJ No L 326, 28. 12. 1993, p. 62.

(3) OJ No C 66, 14. 3. 1991, p. 10.