L 383/16 Official Journal of the European Union 28.12.2006 COMMISSION DECISION of 6 September 2005 on State aid Portugal — Extension of the three-year delivery limit for two chemical tankers built by Estaleiros Navais de Viana do Castelo, S.A. (notified under document number C(2005) 3268) (Only the Portuguese version is authentic) (Text with EEA relevance) (2006/946/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Commu- nity, 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 establish- ing new rules on aid to shipbuilding (') (hereafter the ‘Shipbuilding Regulation’) and in particular Article 3.2 thereof, Having called on interested parties to submit their comments pursuant to those provision(s) (%) and having regard to their comments, Whereas: L PROCEDURE (1) By letter dated 21 January 2004, registered in the Commission on 29 January 2004, Portugal notified the Commission of its request to extend the three year delivery limit for two chemical tankers built by Estaleiros Navais de Viana do Castelo. It provided the Commission with further information by letters dated 1 April 2004 (registered 2 April 2004), 11 June 2004 (registered 15 June 2004) and 24 August 2004 (registered 31 August 2004). (2) By letter dated 20 October 2004, the Commission informed Portugal that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. (3) By letter dated 23 November 2004 (registered 1 December 2004), the Portuguese authorities presented their com- ments in the context of the above-mentioned procedure. () OJ L 202, of 18.7.1998, p. 1. () 0] C 308, of 14.12.2004, p. 6. 4 The Commission decision to initiate the procedure was published in the Official Journal of the European Union (?). The Commission called on interested parties to submit their comments. The Commission received comments from interested parties. It forwarded them to Portugal, which was given the opportunity to react; its comments were received by letter dated 3 March 2005 (registered 7 March 2005). A meeting between the Commission services and the Portuguese authorities was held on 22 April 2005. By letter dated 23 May 2005 (registered 27 May 2005) Portugal submitted further comments. 1. DETAILED DESCRIPTION OF THE AID The notified measure consists of the award of contract- related operating aid to Estaleiros Navais de Viana do Castelo S.A., in relation to the construction of two product/ chemical tankers designated C 224 and C 225. The aid amounts to 2 675 275 Euro per vessel. Portugal notified the measure under the Shipbuilding Regulation (*). Article 3 of this Regulation allows operating aid to be granted for ships contracted until 31 December 2000 and delivered within a maximum limit of three years from the signing of the contract. No contract related operating aid can therefore be granted for ships delivered after the three year limit, unless an extension of this deadline is authorized by the Commission pursuant to Article 3 (2) subparagraph 2 of Regulation No 1540/98. Portugal requested an extension of the three-year delivery deadline for the two product chemical tankers built by Estaleiros Navais de Viana do Castelo, S.A. Portugal claimed that this request is justified by the technical complexity of the project associated with unforeseeable events as explained below. (%) Cf. footnote 2 above (%) Cf. footnote 1 above