Directive 1978/338 - Aid to shipbuilding - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1978/338
Original proposal	COM(1977)517
CELEX number i	31978L0338

Avis juridique important

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Council Directive 78/338/EEC of 4 April 1978 on aid to shipbuilding

Official Journal L 098 , 11/04/1978 P. 0019 - 0025

Greek special edition: Chapter 08 Volume 1 P. 0190

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( 1 ) OJ NO C 36 , 13 . 2 . 1978 , P . 34 .

( 2 ) OPINION DELIVERED ON 1 FEBRUARY 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 192 , 24 . 7 . 1975 , P . 27 .

COUNCIL DIRECTIVE

OF 4 APRIL 1978

ON AID TO SHIPBUILDING

( 78/338/EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 92 ( 3 ) ( D ) AND 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS THE POSITION OF SHIPBUILDING HAS CONSIDERABLY WORSENED DURING THE LAST FEW YEARS ; WHEREAS COMMUNITY SHIPYARDS FACE A GENERAL FALL IN DEMAND AND ACUTE PRICE COMPETITION ON A CONTRACTED WORLD MARKET ; WHEREAS THE RESULT OF THIS HAS BEEN A SERIOUS REDUCTION IN ORDERS , AGGRAVATING THE STRUCTURAL PROBLEMS OF THE INDUSTRY AND INDEED THREATENING ITS EXISTENCE ;

WHEREAS A SOUND AND COMPETITIVE SHIPBUILDING INDUSTRY IS OF VITAL INTEREST TO THE COMMUNITY AND CONTRIBUTES TO ITS ECONOMIC AND SOCIAL DEVELOPMENT , BY PROVIDING A SUBSTANTIAL MARKET FOR A RANGE OF INDUSTRIES , INCLUDING THOSE USING ADVANCED TECHNOLOGY , AND AS AN EMPLOYER IN A NUMBER OF COMMUNITY REGIONS ; WHEREAS THIS IS ALSO TRUE OF SHIP-CONVERSION AND SHIP-REPAIR ;

WHEREAS IF THE SITUATION IN THE INDUSTRY WERE NORMAL , THE CONTINUATION OF AID TO ITS OPERATION WOULD NOT BE JUSTIFIED SINCE IT WOULD SERVE ONLY AS A PROTECTIVE MEASURE AND WOULD NOT BRING ABOUT ANY SOLID AND LASTING IMPROVEMENT IN THE COMMUNITY SHIPBUILDING INDUSTRY ' S COMPETITIVENESS ON THE WORLD MARKET ; WHEREAS , HOWEVER , TAKING INTO ACCOUNT THE GRAVITY OF THE CRISIS IN ITS REPERCUSSIONS ON THE WORK-LOAD OF SHIPYARDS AND DEVELOPMENTS IN THE MARKET SITUATION , SUCH AID MAY BE PERMITTED IN THE PRESENT CRISIS PROVIDED THAT IT IS INTRODUCED ON A TEMPORARY BASIS , TO ALLOW THE INDUSTRY TO COPE WITH THE NEW MARKET CONDITIONS , AND THAT IT IS PROGRESSIVELY REDUCED AT A RATE WHICH TAKES INTO ACCOUNT , IN PARTICULAR , THE ACUTENESS OF THE CRISIS IN THE MEMBER STATE CONCERNED , IN ORDER TO ENCOURAGE THE INDUSTRY TO ADAPT TO THESE CONDITIONS ; WHEREAS SUCH AID SHOULD BE SUBJECT TO CONTROL TO ENSURE THAT DISTORTIONS OF COMPETITION WITHIN THE COMMUNITY CONTRARY TO THE COMMON INTEREST ARE AVOIDED AND THAT THE MEASURES CONCERNED ARE LINKED TO THE RESTRUCTURING OF THE INDUSTRY ;

WHEREAS IN ORDER TO RESOLVE THE PRESENT DIFFICULTIES FACING THE INDUSTRY , THE MEMBER COUNTRIES OF THE OECD HAVE APPROVED GENERAL GUIDELINES PROVIDING THAT , ' IN ORDER TO REMEDY THE SERIOUS STRUCTURAL DISEQUILIBRIUM EXISTING IN THIS INDUSTRY , EFFORTS ARE NEEDED IN ALL SHIPBUILDING COUNTRIES IN ORDER THAT THE INEVITABLE REDUCTION IN WORLD SHIPBUILDING CAPACITY MAY BE ACHIEVED IN THE LEAST DAMAGING AND MOST EQUITABLE WAY POSSIBLE ' ; WHEREAS THE COMMUNITY , IN APPLYING THESE GUIDELINES , INTENDS TO PURSUE ITS EFFORTS TO ENSURE THAT THE BURDEN OF THE CRISIS IS SHARED MORE EVENLY BOTH INTERNALLY , BY DEFINING A SECTORAL APPROACH ON THE INTRA-COMMUNITY LEVEL , AND INTERNATIONALLY , PARTICULARLY IN THE CONTEXT OF THE OECD ;

WHEREAS COUNCIL DIRECTIVE 75/432/EEC OF 10 JULY 1975 ON AID TO SHIPBUILDING ( 3 ) WAS DESIGNED TO CORRECT DISTORTIONS IN COMPETITION ON THE WORLD MARKET AND HAS HELPED TO REDUCE DIRECT AID TO SHIPBUILDING DURING AN INITIAL PERIOD AND TO HARMONIZE SUCH AID WITHIN THE COMMUNITY ; WHEREAS THAT DIRECTIVE EXPIRED ON 31 DECEMBER 1977 ;

WHEREAS EVEN IN THIS DIFFICULT SITUATION DISTORTIONS IN COMPETITION ON THE WORLD MARKET HAVE BEEN REDUCED THROUGH A SERIES OF UNDERSTANDINGS CONCLUDED BY THE MAIN SHIPBUILDING COUNTRIES WITHIN THE FRAMEWORK OF THE OECD WITH THE OBJECT OF...

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