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Statement of Available Evidence
I. Operating aid
(i) Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding (Official Journal No L 202, 18 July 1998, p.1).
(ii) For the EC Member State implementing measures of Council Regulation (EC) No 1540/98:
- Denmark
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 3, 18 December 2001.
- Finland
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 4, 18 December 2001.
- Germany
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 6, 18 December 2001.
- Italy
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 9, 18 December 2001.
- The Netherlands
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCMIN/7 I /EEC/Add. 11, 18 December 2001.
- Portugal
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 12, 18 December 2001.
- Spain
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 13, 18 December 2001.
- the United Kingdom
New and Full Notification Pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the Agreement on Subsidies and Countervailing Measures, European Communities, Addendum, Document No G/SCM/N/71/EEC/Add. 15, 18 December 2001.
(iii) With regard to extensions of the three-year delivery date for commercial vessels provided for under Council Regulation (EC) No 1540/98 and extending the deadline for the payment of the State aid accordingly:
- Commission Decision of 5 June 2002 concerning aid No N 843/01 regarding Meyer Shipyard (Germany) and Commission approves extension of delivery limit for cruise ship being built at Meyer Shipyard (Germany) - State aid may therefore still be paid, Commission Press Release IP/02/815, 5 June 2002;
- Decision of the European Commission dated 19 June 2002, Document C(2002)2139fin as regards Odense;
- Decision of the European Commission dated 13 November 2002, Document C(2002)3768fin as regards Kvaerner Masa yards;
- Decision on Aid No N 751/02 dated 19 March 2003 (Official Journal No C 108, 7 May 2003, p. 9) as regards Italian yard Cantieri T. Mariotti SpA;
- Commission Notice inviting interested parties to comment (Official Journal No C 238, 3 October 2002, p. 2) with regard to the request for extension by Spanish IZAR for several LNG vessels.
(iv) The EU's Surveys on State Aid and State Aid Scoreboards, i.e.:
- Seventh Survey on State Aid in the European Union in the manufacturing and certain other sectors, Brussels, 30 March 1999, p. 11 and following, p. 20, p. 67 and following;
- Eighth Survey on State Aid in the European Union in the manufacturing and certain other sectors, Brussels, 11 April 2000, p. 17, p. 22 and following, p. 94;
- Ninth Survey on State Aid in the European Union in the manufacturing and certain other sectors, Brussels, 18 July 2001, p. 37 and following, p. 94;
- State Aid Scoreboard, Brussels, 18 July 2001, Document COM(2001)412 final, p. 27, 28, 51;
- State Aid Scoreboard, Brussels, 30 April 2001 , Document COM(2003)225 final, p. 18;
- Third report from the Commission to the Council on the situation in World shipbuilding, Brussels, 15 November 2002, Document COM(2000)730 final, p. 21 and following.
(v) Council Regulation (EC) No 1172/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding (Official Journal No L 172, 2 July 2002, p. 1).
(vi) For the EC Member State implementing measures of Council Regulation (EC) No 1172/2002:
- Germany:
"Richtlinien des Bundesministerium für Wirtschaft und Arbeit zu befristeten Schutzmassnahmen für den Schiffbau", 24 October 2002;
Case N 744/2002, Commission Decision (2003)788 fin of 19.3.2003;
Commission authorizes "Temporary Defensive Mechanisms" for the German shipbuilding industry, Commission Press Release IP/03/405, 19.3.2003;
Sietas attacks Hamburg government, Lloyd's List, 24 December 2002; German Hamburg approves 4.0 Mln EURO subsidy for Shipyard, German News Digest, 13 November 2002;
Subsidy gives Aker and Kvaerner boxship trio boost, Lloyd's List, 12 June 2003; German yards feel pinch as competition bites, Lloyd's List, 15 April 2003;
HDW lines up four-ship boxship order, Lloyd's List, 26 June 2003;
Lindenau warns of lay-offs ahead, Fairplay Daily News, 27 January 2003.
- Denmark
Lov om midlertidig, kontraktbetinget driftsstotte til bygning af visse skibstyper, LOV No 305 dated 30 April 2004;
Case N 141/2003, Commission Decision of 24.6.2003;
Financing deal aids Danish shipyards, Lloyd's List, 12 February 2003;
Aftale mellem Skibskreditfonden og regeringen endeligt pA plads (Agreement between the ship finance fund and government is finally in place), Press Release of Danish government, 7.2.2003.
- Finland
Aker Kvaerner thrown lifeline, Lloyd's List, 22 May 2003;
State guarantees Masa-Yards $2.9bn, Lloyd's List, 22 May 2003.
- France
LNG order driven by French politics, TradeWinds, 27 June 2003;
SeaFrance car ferry order goes to Chantiers yard, Lloyd's List, 26 June 2003;
Gaz de France in gas tanker deal, Lloyds, 22 January 2002;
Gas brings relief for Alstom, Fairplay Daily News, 21 January 2002;
EC rapid response to Alstom, Lloyds, 22 August 2003.
- The Netherlands
Subsidy saves shipyard subsidiary and All is well at Volharding, Fairplay Daily News, 8 November 2002;
Tijdelijke regeling ordersteun scheepsnieuwbouw, Regeling van de Staatssecretaris van Economische Zaken van 17 juli 2003 No WJZ3040972 with regard to the provisions for affording subsidies to the shipbuilding sector as temporary defensive aid:
- Spain
PDV picks Izar for tanker trio, Fairplay Daily News, 25 February 2003;
Dutch group protests over 'Spanish handout', Lloyd's List, 9 December 2002;
Dutch anger over alleged subsidy, Fairplay Daily News, 4 December 2002;
EU/State aid. Spain hopes to give temporary support to its shipyards, Agence Europe, 19 July2003,p. 15;
Third LNG carrier launched at Izar, Lloyds, 18 August 2003.
(vii) As regards the German State guarantees:
Mr. Monti and Mr. Clement meet to discuss State guarantees for German shipyards, Agence Europe, 5.3.2003;
EC turns sights on German loans, Fairplay, 24.1.2003;
German loans under scrutiny, Lloyd's List, 24.1.2003;
Mario Monti expresses concern about impact of State guarantees on shipbuilding, Agence Europe, 24.1.2003;
Monti hat Subventionsverdacht EU-Kommission erhöht Druck auf Deutsche Werftindustrie, Handelsblatt, 23.1.2003;
Commissioner Monti welcomes formal acceptance by Germany of the abolition of state aid to public banks, Rapid press release IP/02/634, 26 April 2002;
Common press statement on the understanding on Anstaltslast and Gewährträgerhaftung for special credit institutions, Rapid press release IP/02/354, 4 March 2003;
Commission approves state aid administered by the KFW, Rapid press release IP/94/670, 19 July 1994.
(vii) Replies from the European Community to the request from the Republic of Korea to the European Community and its Member States pursuant to Article 25.8 of the Agreement on Subsidies and Countervailing Measures.
II. Loan facilities to Danish shipowners
See in I-(vi) above.
III. Guarantee by the Italian Shipbuilding Guarantee Fund
(i) Formal investigation into Italian shipbuilding guarantee scheme, Commission Press Release IP/03/604, 30.4.2003.
(ii) State Aid - Italy, Aid C 28/03 (ex N 371/01) - Guarantees for ship financing - Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (2003/C 145/04), Official Journal No C 145, 21 June 2003, p. 48.
IV. Spanish tax leasing scheme
(i) Spanish Act 50/1998 on Tax and Administrative Measures and Social Order, with modifications introduced by Article 3.9 of Act 55/1999 of 29 December 1999, a new supplementary clause (in the form of a regulation) has been introduced to Act 43/1995 on Corporate Tax under the title "Tax incentives for renewing merchant fleet".
V. Spanish restructuring aid
(i) State Aid - Spain, C-40/00 (ex NN 6 1/00) - Further restructuring of Spanish shipbuilding - Invitation to submit comments pursuant to Article 88(2) of the EC Treaty, Document 2000/C 328/03, Official Journal No C 328, 18 November 2000, p. 16; Document 2002/C 21/03, Official Journal No C 21, 24 January 2002, p. 17;
(ii) Commission by Decision 2000/131/EC of 26 October 1999, Official Journal No L 37, 12 February 2000, p. 22 as upheld in Judgment of 21 March 2002, Case C-36/00, Spain v. Commission, European Court Reports (ECR) 2002 1-3243; Judgment of 26 June 2003, Case C-404/00, Commission v. Spain, not yet published in the ECR;
(iii) Commission extends state aid investigation into further restructuring of public shipyards in Spain European Commission Press Release, IP/01/1672, 28 November 2001 ; also European Commission Press Release, IP/00/760, 12 July 2000;
(iv) Commission takes two decisions on state aid procedures to public shipyards in Spain. European Commission Press Release, IP/03/754, 27 May 2003.
(v) State Aid - Spain, Invitation to submit comments pursuant to Article 88(2) of the EC Treaty, concerning document C 38/03 (ex NN 10/03), Official Journal No C 201, 26 August 2003, p.3.
(vi) State Aid - Spain, Invitation to submit comments pursuant to Article 88(2) of the EC Treaty, concerning aid C40/2000 (ex NN 61/000), Official Journal No C 199, 23 August 2003, p. 9.
VI. Other aid of the kind illustrated in point I(ii)
(i) Commission approves EUR 1,870.9 million assistance package for Loire region (regional aid), Rapid press release, 11 January 2001;
(ii) Commission calls on scientific and industrial communities to apply for EUR 5 billion research funding (research and development aid), Rapid press release, 16 December 2002;
(iii) Authorization for state aid pursuant to Articles 87 and 88 of the EC Treaty, (German research and investment aid to shipbuilding) Official Journal C 277, 14 November 2002, p. 2;
(iv) Izar breathes more easily, Lloyds, 8 July 2003;
(v) Spanish Government boosts shipbuilding industry with E500 million lifeline, Lloyds, 1 October 2002;
(vi) Regions to finance new French ferry, Fairplay Daily News, 8 January 2002;
(vii) Kvaerner almost certain to close its Govan shipyard in Scotland, WSWS article ( www.wsws.org), 14 July 1999.
VII. Adverse effects
(i) Lost sales cases reported by the Korean shipyards
(ii) Article 2(1) of Council Regulation (EC) No 1177/2002 to the effect that operating aid shall only be granted "when there has been competition for the contract from a Korean shipyard offering a lower price", i.e., the aid is granted to prevent the sale of Korean vessel or to cause lost sales for Korean shipyards.
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