L 268/12 Official Journal of the European Union 27.9.2006 COMMISSION DECISION of 23 November 2005 on the State Aid which Italy is planning to implement for Fincantieri (notified under document number C(2005) 4433) (Only the Italian version is authentic) (Text with EEA relevance) (2006/639/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, II. DETAILED DESCRIPTION OF THE AID Having regard to the Treaty establishing the European Commu- nity, and in particular the first subparagraph of Article 88(2) (6) Italy requested the Commission to grant an extension of the delivery limit of 31 December 2003 provided for in thereof, Article 3 of Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding Having regard to the Agreement on the European Economic (‘the Shipbuilding Regulation’) as a condition for receiving Area, and in particular Article 62(1)(a) thereof, contract-related operating aid. The extension was requested for Fincantieri, for the delivery of five cruise ships, for a ) . ) total contract value of € 2,1 billion and an aid amount of Having regard to Council Regulation (EC) No 1540/98 of € 243 million. 29 June 1998 establishing new rules on aid to shipbuilding (%), Having called on interested parties to submit their comments pursuant to the provisions cited above (% and having regard to 7) their comments, Fincantieri is a state-owned company operating eight shipyards (Monfalcone, Marghera, Sestri Ponente, Ancona, Palermo, Castellammare, Muggiano, Riva Trigoso) in Italy. It is specialised in building cruise ships but also builds other Whereas: types of seagoing vessels and military ships. L PROCEDURE (8) Italy explained that the final contracts for the ships (1) By letter dated 31 July 2003, Italy notified the Commission concerned were signed in December 2000 and delivery, of the aid. By letters dated 16 September 2003, 6 November according to the contracts, was planned for June and 2003, 1 December 2003, 4 February 2004, 12 February December 2003. The ships were ordered by various 2004, 26 February 2004, 5 April 2004, 25 May 2004, subsidiaries of Carnival Corporation (‘Carnival), a US 23 June 2004 and 8 July 2004, it provided the Commission cruise operator. Italy promised, on this basis, contract- with further information. related operating aid for the building of the ships. (2) By letter dated 22 October 2004, the Commission informed I.taly that it had decided to initiate the procedure (9) Italy stated that the shipowner requested a postponement, la.1d down in Article 88(2) of the EC Treaty in respect of the in the autumn of 2001, of the delivery dates to various aid. dates in 2004 and 2005. This request was motivated by the severe impact on the cruise industry of the terrorist attacks of 11 September 2001. Fincantieri agreed to this and Italy requested an extension of the delivery limit so that the ships could still qualify for operating aid. (3) The Commission decision to initiate the procedure was published in the Official Journal of the European Union (%). The Commission invited interested parties to submit their comments on the aid. (10) In their notification the Italian authorities referred to the Commission’s decision of 5 June 2002 (*) authorising a similar extension of the delivery date for a cruise ship under construction at Meyer Werft, Germany. Italy emphasised the similarities between the two cases in terms of (i) the reason given for the extension (the impact of the (40 The Commission received comments from interested parties. It forwarded them to Italy, which was given the opportunity to react; its comments were received by letter dated 12 April 2005. (5)  Other letters were received from Italy dated 25 November 11 September 2001 terrorist attacks), (i) the relevant 2005, 18 May 2005 and 12 October 2005. market (cruises) and (i) the commercial dependency existing between the shipyard and the shipowner (Carnival m18.7.1998, P 1. is Fincantieri’s largest customer). ) 0] C 30, 5.2.2005, p. 12. (%) See footnote 2. 4 OJ C 238, 3.10.2002, p. 14 (state aid case N 843/01). —