2002/868/EC: Commission decision of 17 July 2002 on the aid scheme implemented by Italy in order to reduce the number of single-hull tankers older than 20 years in the Italian tanker fleet (Text with EEA relevance.) (notified under document number C(2002) 2437)

• Articles: 6

Article 1

The aid, provided for under Law 51/2001, which Italy has implemented for the benefit of the Italian oil tanker fleet, amounting to EUR 77,4 million as a total budget including interest, is compatible with the common market, subject to the conditions set out in Articles 2 and 3 of this Decision.

Article 2

1. In addition to the procedures proposed by Italy, individual aid amounts must be calculated in a transparent way based on objective criteria, as specified in particular in paragraphs 2 to 6.

2. The calculation of the aid amount must to be limited to the minimum necessary.

Account is to be taken, in line with the conditions of this aid scheme of the actual period during which an aid recipient has suffered loss of revenue due to the scrapping of a tanker.

3. The Italian authorities must provide the Commission in particular with detailed reports for each beneficiary and vessel, regarding the method of calculation and the amount of tonnage in the beneficiary's possession during a period of at least one year after the granting of the aid.

The first report is to be forwarded within two months of the notification of this Decision.

4. Before the scheme may be implemented fully, any margin of discretion concerning the choice of eligible vessels and the extent to which they may benefit from this scheme has to be eliminated.

5. The calculation of the individual aid amounts has to be made public to all aid recipients.

6. Individual aid recipients and companies which have applied for aid need to be granted the possibility to appeal.

Article 3

1. The obligation regarding investment in maritime business has to comply with maritime policy objectives. In particular, therefore, beneficiaries are not permitted to purchase single-hull tankers.

2. The overall aid received by a company benefiting from the present aid may not exceed the limit imposed by paragraph 2 of Chapter 10 of the guidelines on State aid to maritime transport.

3. During a period of five years as of 2003, Italy has to inform the Commission on a yearly basis of detailed developments in the Italian tanker cabotage market for the transport of oil, oil products and chemicals.

Article 4

Aid already granted but which does not comply with the conditions referred to in Articles 2 and 3 has to be recovered.

Article 5

The Italian authorities shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.

Article 6

This Decision is addressed to the Italian Republic.

Done at Brussels, 17 July 2002.

For the Commission

Loyola De Palacio

Vice-President

(1) OJ C 50, 23.2.2002, p. 7.

(2) See footnote 1.

(3) SBT/PL: double-hull tanker, segregated ballast tanks in protective locations.

(4) Erika I: Communication from the Commission to the European Parliament and the Council on the safety of the seaborne oil trade, COM(2000) 142 final, 21 March 2000.

(5) Erika II: Communication from the Commission to the European Parliament and the Council on a second set of Community measures on maritime safety following the sinking of the oil tanker Erika, COM(2000) 802 final, 6 December 2000.

(6) Regulation 13G of Annex I of MARPOL 73/78, as amended in 2001 by Resolution MEPC.95(46).

(7) OJ C 64, 7.3.2002, p. 1.

(8) Category 1 and 2 oil tankers may only continue to operate after 2005 and 2010 respectively subject to compliance with a condition assessment scheme (CAS) introducing a more stringent inspection procedure. The Italian authorities have announced that they will not use the CAS procedure for oil tankers flying the Italian flag. Nonetheless, the three categories will be subject to the 2005, 2010 and 2015 deadlines.

(9) Oil tankers of 20000 tons deadweight and above, equipped to carry crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30000 tons deadweight and above, equipped to carry oil other than the above, which DO NOT COMPLY with the requirements for tankers with regard to protectively located segregated ballast tanks.

(10) Oil tankers of 20000 tons deadweight and above, equipped to carry crude oil, fuel oil, heavy diesel oil or lubricating oil as cargo, and of 30000 tons deadweight and above, equipped to carry oil other than the above, which COMPLY with the requirements for tankers with regard to protectively located segregated ballast tanks.

(11) COM(2001) 126 final, 7 March 2001, with particular reference to point 2.3.3.

(12) Fixed exchange rate: EUR 1 = ITL 1936,27.

(13) Deadweight tonnage: the authorised carrying capacity of a ship when fully loaded. The maximum weight of cargo, stores, fuel and water that may be loaded on a vessel to bring it to its summer marks.

(14) The relevant payments are to be made at six-monthly intervals on 30 June and 31 December of each year. The loan contracts must provide for a payment plan of at most 15 years, at a rate of interest fixed by decree of the Treasury Minister and published in the Official Gazette of the Italian Republic, pursuant to Law 431 of 31 December 1991 as amended by Law 413 of 30 November 1998. This arrangement is designed to spread the financial burden of the aid scheme over a period longer than a few financial years.

(15) Article 143 of the Italian Shipping Code (Requisiti di nazionalità dei proprietari di navi italiane) stipulates that, in order to be entered in the Italian shipping registers, vessels must either:

(a) be more than 50 % owned by natural or legal persons or entities from Italy or other EU Member States; or

(b) if owned by non-Community natural or legal persons or entities who are directly responsible for operating a vessel via a permanent organisation located on Italian territory, management must be delegated to a natural or legal person of Italian or other EU nationality, domiciled at the ship's place of registration, who directly controls and assumes full responsibility for the operation of the vessel with regard to the administration and to third parties.

(16) 12 vessels in 2000, 11 in 2001 and 5 in 2002.

(17) Further information from the Italian authorities indicates that the intention was to make the amount of aid proportional to the cost of the potential damage that had been avoided.

(18) Rate of exchange as at the second quarter of 2001: EUR 1 = USD 0,872518.

(19) Rate of exchange as at the second quarter of 2001: USD 1 = ITL 2219.

(20) OJ C 205, 7.7.1997, p. 5.

(21) Source: World Fleet Statistics 2000, Lloyd's Register.

(22) OJ L 364, 12.12.1992, p. 7.

(23) A common policy on Safe Seas, COM(93) 66 final.

(24) OJ L 202, 18.7.1998, p. 1.