• See other documents that cite the same legislation

Commission Decision of 19 July 2000 on the State aid implemented by Spain in favour of the maritime transport sector (new maritime public service contract) (notified under document number C(2000) 2447) (1)

EN Official Journal of the European Communities 27.2.2001L 57/32

II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 19 July 2000 on the State aid implemented by Spain in favour of the maritime transport sector (new maritime public service contract) (notified under document number C(2000) 2447) (Only the Spanish text is authentic) (Text with EEA relevance) (2001/156/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement establishing the European Economic Area, and in particular Article 62(1)(a) thereof,

Having, pursuant to the abovementioned Articles, given notice to the parties concerned to submit their comments (1 ), and having regard to their comments,

Whereas:

I. PROCEDURE (1) In a complaint received on 8 January 1998, the Commission was informed that Spain had issued an invitation to tender for the performance of maritime services involving public service obligations (hereinafter PSOs) between the Spanish mainland and the Spanish islands. By letter dated 26 January 1998, the Commission informed the Spanish authorities of its concerns regarding the contract and the way it had been awarded.

(2) By letter dated 5 March 1998, the Commission informed Spain of its decision to initiate the procedure laid down in Article 88(2) of the Treaty in respect of the abovementioned contract, concluded between Spain and Compañía Trasmediterránea (hereinafter `Trasmed') on 20 January 1998. The Commission gave the Spanish authorities one month in which to reply to the concerns raised on the basic substantive issues at stake and at the same time requested them to confirm within 10 working days of notification of the letter that State aid payments had been suspended.

(3) The Commission's decision to initiate the procedure was published in the Official Journal of the European Communities (2). The Commission invited interested third parties to submit their comments on the contract.

(1 ) OJ C 147, 13.5.1998, p. 10.

(2 ) See footnote 1.

EN Official Journal of the European Communities27.2.2001 L 57/33 (4) The Commission received comments from interested parties. It forwarded them to Spain, which was given the opportunity to react, and received comments from Spain in letters dated 18 March, 7 April and 23 July 1998. Several meetings also took place, including a meeting on 3 June 1999.

II. DETAILED DESCRIPTION OF THE AID THE DECREE (5) By letter dated 30 July 1997 the Spanish authorities notified the Commission, pursuant to Article 9 of Council Regulation (EEC) No 3577/92 (3), of their intention to alter the regime applying to maritime cabotage in Spain. The Spanish authorities were informed that the Commission's services had a number of problems both with the concepts behind the draft decree amending the regime and with the phrasing used. The Spanish authorities did revise some of the articles, but on 19 September 1997 they proceeded to adopt Royal Decree 1466/97 (4) without re-consulting the Commission. This being considered a failure to comply with obligations, a letter was sent to the Spanish authorities on 22 October 1997, to which they replied on 9 December 1997. A letter of formal notice was sent to them on 20 April 1998, replies to which were received in letters dated 27 May and 8 July 1998.

(6) The Decree establishes an authorisation scheme for scheduled ...

If you are already a vLex customer, Access Here