L 50/38 Official Journal of the European Communities 20.2.98 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 5 November 1997 concerning aid Spain proposes to grant to Astilleros Zamacona SA in respect of five tugboats (Only the Spanish text is authentic) (Text with EEA relevance) (98/157/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof, Having regard to Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding ('), as amended by Directive 94/73/EC (%), and in particular Article 4(3) thereof, Having given the parties concerned notice to submit their comments in accordance with Article 93(2) and having regard to their comments, Whereas: On 20 November 1996 the Commission decided to open a procedure pursuant to Article 93(2) of the Treaty to investigate a request by the Spanish authorities to extend the three-year delivery limit pursuant to Article 4(3) of Directive 90/684/EEC in respect of five tugboats contracted in December 1991 by Astilleros Zamacona SA (hereinafter referred to as ‘Zamacona’), a small shipyard in Bilbao. If this request were accepted the yard would be allowed to receive 9 % aid per contract for the vessels in () OJ L 380, 31. 12. 1990, p. 27. () OJ L 351, 31. 12. 1994, p. 10. question (that is to say, up to the aid ceiling applicable in 1991). Pursuant to Article 4(3) of the shipbuilding aid Directive the aid ceiling applicable to a contract is that in force when the contract is signed, except where the ship is delivered more than three years after the signing of the final contract. In such cases the ceiling is that in force three years before the date of delivery of the ship. Since the vessels in this case were not delivered until 1995/96 the applicable aid ceiling in this case would therefore normally be 4,5 %. The second paragraph of Article 4(3) of the Directive, however, states that the Commission may grant an exten- sion of the three-year delivery limit when this is found justified by the technical complexity of the project or by delays resulting from unexpected disruptions of a substantial and defensible nature in the working programme of a yard. Since the Commission had doubts whether these condi- tions were fulfilled it decided to open the procedure. The decision to initiate the Article 93(2) procedure was communicated to the Spanish Government by the Commission’s letter SG(96) D/10713 dated 6 December 1996. That letter was published in the Official Journal of the European Communities(’) as notice to other Member States and interested third parties to submit their comments. () OJ C 58, 25. 2. 1997, p. 8.