Directive 1981/363 - Aid to shipbuilding - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1981/363
Original proposal	COM(1980)461
CELEX number i	31981L0363

Avis juridique important

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Council Directive 81/363/EEC of 28 April 1981 on aid to shipbuilding

Official Journal L 137 , 23/05/1981 P. 0039

Spanish special edition: Chapter 08 Volume 2 P. 0079

Portuguese special edition Chapter 08 Volume 2 P. 0079

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COUNCIL DIRECTIVE

OF 28 APRIL 1981

ON AID TO SHIPBUILDING

( 81/363/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 92 ( 3 ) ( D ) AND 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS THE SITUATION OF THE SHIPBUILDING INDUSTRY HAS CONTINUED TO BE UNFAVOURABLE DURING THE PERIOD OF OPERATION OF COUNCIL DIRECTIVE 78/338/EEC OF 4 APRIL 1978 ON AID TO SHIPBUILDING ( 3 ) ; WHEREAS THIS SITUATION HAS IN PARTICULAR TAKEN THE FORM OF AN IMBALANCE BETWEEN THE PRODUCTION CAPACITY OF THE INDUSTRY AND DEMAND , LEADING TO LOW PRICE LEVELS ;

WHEREAS SHIPBUILDING UNDERTAKINGS IN THE COMMUNITY HAVE THEREFORE BEEN OBLIGED TO DRAW FREQUENTLY ON THEIR FINANCIAL RESERVES TO TAKE ORDERS , THUS REDUCING THEIR CHANCE OF IMPLEMENTING THE STRUCTURAL ADAPTATIONS NEEDED TO FACE THE PREVAILING MARKET CONDITIONS IN THE LONGER TERM ;

WHEREAS THE COUNCIL RESOLUTION OF 19 SEPTEMBER 1978 CONCERNING THE REORGANIZATION OF THE SHIPBUILDING INDUSTRY ( 4 ) STRESSED THE NEED TO MAINTAIN WITHIN THE COMMUNITY A HEALTHY AND COMPETITIVE SHIPBUILDING INDUSTRY WHOSE SCALE OF ACTIVITY SHOULD BE CONSISTENT WITH THE SIZE OF THE COMMUNITY'S SEABORNE TRADE AND RESPECT ITS ECONOMIC , SOCIAL AND STRATEGIC IMPORTANCE ;

WHEREAS A COMPETITIVE SHIPBUILDING INDUSTRY IS OF VITAL INTEREST TO THE COMMUNITY AND CONTRIBUTES TO ITS ECONOMIC AND SOCIAL DEVELOPMENT BY PROVIDING A SUBSTANTIAL MARKET FOR A RANGE OF INDUSTRIES , INCLUDING THOSE USING ADVANCED TECHNOLOGY ; WHEREAS IT CONTRIBUTES ALSO TO THE MAINTENANCE OF EMPLOYMENT IN A NUMBER OF REGIONS , INCLUDING SOME WHICH ARE ALREADY SUFFERING A HIGH RATE OF UNEMPLOYMENT ; WHEREAS THIS IS ALSO TRUE OF SHIP CONVERSION AND SHIP REPAIR ;

WHEREAS , IF THE SITUATION IN THE INDUSTRY WERE NORMAL , THE CONTINUATION OF OPERATING AID COULD NOT BE JUSTIFIED , SINCE , ITS EFFECT BEING MAINLY THAT OF CONSERVATION , IT IS NOT LIKELY TO BRING ABOUT ANY LASTING IMPROVEMENT IN THE COMMUNITY SHIPBUILDING INDUSTRY'S COMPETITIVENESS ;

WHEREAS , HOWEVER , THE CONTINUATION OF THE CRISIS HAS SERIOUS CONSEQUENCES FOR THE SHIPBUILDING INDUSTRY WHICH MAY MAKE THE IMMEDIATE ABOLITION OF SUCH AID IMPOSSIBLE ; WHEREAS IT IS NECESSARY TO ALLOW ADAPTATION OF THE STRUCTURES OF THE INDUSTRY TO THE PREVAILING MARKET CONDITIONS TO TAKE PLACE GRADUALLY ;

WHEREAS , TO THIS END , PRODUCTION AID SHOULD BE TEMPORARY AND DIMINISHING , SO AS TO ENCOURAGE THE UNDERTAKINGS TO MAKE THE NECESSARY EFFORT TO BECOME COMPETITIVE , AT LEAST IN TIME ; WHEREAS SUCH AID SHOULD BE SUBJECT TO CONTINUOUS CONTROL IN ORDER TO AVOID DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY ; WHEREAS THE GRANTING OF SUCH AID SHOULD BE LINKED TO THE ACHIEVEMENT OF RESTRUCTURING OBJECTIVES ; WHEREAS , IN THIS CONTEXT , THE RESTRUCTURING EFFORT IS NOT CONFINED TO REDUCTION OF PRODUCTION , EMPLOYMENT AND PRODUCTION CAPACITY , BUT INCLUDES ALL OTHER MEASURES ENABLING THE SHIPBUILDING INDUSTRY TO BECOME COMPETITIVE ; WHEREAS IN ASSESSING THE REDUCTION OF PRODUCTION CAPACITY IT IS APPROPRIATE TO TAKE ACCOUNT OF THE EFFORT ALREADY MADE ;

WHEREAS , IN ORDER TO DEAL WITH THE PRESENT DIFFICULTIES FACING THE INDUSTRY , AND IN PARTICULAR THE DISTORTIONS OF COMPETITION WHICH ARE OCCURING , MOST MEMBER COUNTRIES OF THE OECD HAVE HELPED TO REMEDY THE SERIOUS STRUCTURAL DISEQUILIBRIUM BY REDUCING WORLD SHIPBUILDING PRODUCTION CAPACITY ; WHEREAS THIS REDUCTION IN CAPACITY SHOULD BE ACHIEVED IN THE LEAST DAMAGING AND MOST EQUITABLE WAY POSSIBLE ; WHEREAS THE MEMBER...

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