30. 12. 95 Official Journal of the European Communities No L 33211 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 3094/95 of 22 December 1995 on aid to shipbuilding THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 92 (3) (e}, 94, and 113 thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the European Parliament (3), : Having regard to the opinion of the Economic and Social Committee (3), Whereas Council Directive 90/684/EEC of 21 December 1990 on aid to shipbuilding (*) expires on 31 December 1995; Whereas, within the framework of the Organization for Economic Cooperation and Development (OECD), an Agreement has been concluded between the European Community and certain third countries respecting normal competitive conditions in the commercial shipbuilding and repair industry (°); Whereas the current rules of the Directive will need to be prolonged ad interim if the OECD Agreement does not enter into force by 1 January 1996; Whereas that Agreement should enter into force on 1 January 1996, after all parties to the Agreement have deposited their instruments of ratification, acceptance or approval; (1} OJ No C 304, 15. 11. 1995, p. 21. (3) O] No C 339, 18. 12. 1995. (%) Opinion delivered on 23 November 1995 (not yet published in the Officiel Journal). (4 O] No L 380, 31. 12. 1990, p. 27. Directive as last amended by Directive 94/73/EC (O] No L 351, 31. 12. 1994, p. 10). () O] No C 375, 30. 12. 1994, p. 3. Whereas the Agreement provides for the elimination of all direct shipbuilding aids except social aids and authorized aids to research and development within the limit of certain ceilings; Whereas indirect measures of support to shipbuilding in the form of credit facilities and loan guarantees for shipowners are permitted by the aforesaid Agreement provided they are in conformity with the OECD Understanding on Export Credits for Ships; Whereas the OECD Agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry and the Community legislation deriving therefrom are a matter of signal importance; Whereas the Commission’s powers under Articles 85, 86, 92 and 93 of the Treaty enable it to act in the event of anticompetitive measures or practices and whereas actions initiated by the Commission in connection with such measures and practices by shipyards would form an integral part of the annual report to be submitted to the Member States; Whereas the abovementioned Agreement can be reviewed three years after it enters into force, HAS ADOPTED THIS REGULATION: CHAPTER I GENERAL Article 1 ' For the purposes of this Regulation: