19.2.2002 Official Journal of the European Communities L 4737 COMMISSION COMMISSION DECISION of 25 April 2001 on State aid granted by France to the shipyard ACHCN (notified under document number C(2001) 1143) (Only the French text is authentic) (Text with EEA relevance) (2002/132/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having regard to Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding (!), Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the Treaty, and in particular Article 7 thereof (3), Having called on the interested parties to submit their comments pursuant to that Article (%), Whereas: I. PROCEDURE (1) At the beginning of 1998, following persistent and alar- mist reports on the situation at Ateliers et Chantiers du Havre Constructions Navales (hereinafter ACHCN), the Commission sent the French authorities a request for information, initially by letter dated 12 June 1998. This request was answered with a holding letter. Eventually, in October, following another request from the Commis- sion, the French authorities sent a reply by letter dated 30 November 1998. (2)  The information stated that ACHCN had not been in control of the industrial process and had been unable to assess the financial impact of the difficulties, which had prompted the authorities to release additional emergency OJ L 202, 18.7.1998, p. 1. ’) O] L 83, 27.3.1999, p. 1. OJ C 113, 24.4.1999, p. 7. aid in order to ensure that the orders were completed. The total amount of aid that the French Government was preparing to grant ACHCN was estimated at FRF 1 868 million. (3) By letter dated 4 February 1999, the Commission informed France of its decision to initiate proceedings under Article 88(2) of the EC Treaty in respect of the aid. (4 The Commission decision to initiate proceedings was published in the Official Journal of the European Communi- ties. The Commission invited interested parties to submit their comments on the aid in question. II. BACKGROUND (5)  In carrying out an order for three chemical tankers obtained from Stolt Nielsen in 1995 for a total amount of FRF 1 126 million, the shipyard ACHCN encountered serious difficulties at the beginning of 1997. The firm had hoped to overcome its organisational difficulties by reducing its workforce by 15 % and cutting capacity by reducing the size of its building berths. At the financial level, cash flow was to have been maintained by the immediate release by the French Government of aid for the order for the three chemical tankers, pursuant to Article 4 of Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding (*) in force at the time, and the aid provided for in the plan for upgrading the French shipbuilding industry, approved by the Commission in July 1995. In addition, aid to cover the social aspects of the restructuring was to have been granted, following a notification in February 1997 which the Commission approved in December 1997. () O L 380, 31.12.1990, p. 27.