Council Regulation (EC) No 1013/97 of 2 June 1997 on aid to certain shipyards under restructuring

COUNCIL REGULATION (EC) No 1013/97 of 2 June 1997 on aid to certain shipyards under restructuring
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 92 (3) (e), 94 and 113 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas by virtue of Council Regulation (EC) No 3094/95 of 22 December 1995 on aid to shipbuilding (2) the provisions of Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding (3) are applicable to such aid until either the OECD 'Agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry` enters into force or, at the latest, until 31 December 1997;
Whereas the shipbuilding industry is important for the mitigation of structural problems in a number of regions of the Community;
Whereas the direct application of the common maximum ceiling does not allow for the comprehensive restructuring measures necessary in a number of shipyards in these regions and a special transitional arrangement has therefore been introduced;
Whereas it was acknowledged in Directive 92/68/EEC (4) that the shipbuilding industry in the territories of the former German Democratic Republic required urgent and comprehensive restructuring in order to become competitive, a target which has not been fully achieved for two shipyards in the envisaged restructuring period due to unforeseeable circumstances beyond the control of these shipyards;
Whereas in the case of the said two shipyards a further transitional arrangement is needed, in order to enable completion of their restructuring, which will allow them to comply subsequently with the aid rules applicable to the Community as a whole;
Whereas the shipbuilding capacity in the territories of the former German Democratic Republic was reduced to 327 000 compensated gross tonnes (cgt) by 31 December 1995 and whereas the German Government made a commitment to ensure that this capacity limitation is fully respected until at least the end of the year 2000 and to extend this limitation until the end of 2005 unless the Commission authorizes an earlier termination of the capacity limitations;
Whereas a further reduction of shipbuilding capacity in Germany will result from the closure, with respect to new building, of the Bremer Vulkan Werft in Bremen-Vegesack before the end of 1997;
Whereas, in spite of the efforts made by the Greek Government to privatize all its public yards by March 1993, the Hellenic shipyard was only sold in September 1995 to a cooperative of its workers, the State having kept a majority holding of 51 % for defence interests;
Whereas the financial viability and the restructuring of the Hellenic shipyard necessitates the provision of aid which allows the company to write-off the debt accumulated before its delayed privatization;
Whereas a further restructuring of the publicly owned yards in Spain is necessary so that each of these yards, being established as individual profit centres at full cost basis, will achieve financial viability by 31 December 1998;
Whereas under this restructuring plan there will be a capacity reduction in these yards from 240 000 compensated gross registered tonnes (cgrt) to 210 000 (cgrt); whereas this reduction will be supplemented by the non-reopening to shipbuilding of the public yard at Astano (135 000 cgrt capacity), by additional capacity reductions elsewhere in Spain amounting to a further 17 500 cgrt and by not carrying out ship conversions in the shipyard at Astander as long as it remains in public ownership;
Whereas no further aid for restructuring purposes (including loss compensations, loss guarantees and rescue aid) will be made available to the shipyards covered by this Regulation,