9. 5. 90 Official Journal of the European Communities No L 118/39 COMMISSION COMMISSION DECISION of 20 April 1989 concerniné an aid project planned by the German Government in favour of a shipbuilding contract for which there is competition between yards in different Member States (Only the German text is authentic) (90/223/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES; Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having given the parties concerned notice to submit their comments in accordance with that provision, Having regard to Council Directive 87/167/EEC of 26 - January 1987 on aid to shipbuilding () and, in particular, Article 4 (5) thereof, Whereas : I Pursuant to Article 4 (5) of Directive 87/167/EEC, the Dutch Government by telex of 24 June 1987 requested the Commission -to intervene in an aid case concerning competition between yards in different Member States for a shipbuilding contract concerning the construction of a 1 700-GRT wine tanker for the German shipowner Paul Hise KG. At the same time as the above request, the Dutch Govern- ment informed the Commission that it envisaged to grant a direct contract-related production aid to the Dutch yard tendering for the contract. As it appeared that the other Member State involved in the competition for the contract was Germany, the Commission -asked this Member State to notify the aid planned to be granted in support of the national yard tendering for the contract, drawing to its attention that such-an aid plan could not be implemented prior to the Commission’s approval. . The German Government replied by verbal note of 2 July 1987 informing the Commission that it did not at that () OJ No L 69, 12. 3. 1987, p. SS. stage envisage: granting any aid to the German yard tende- ring for the. contract. In its declaration to the Minutes of the 1 136th Council of Ministers meeting of 22 December 1986 the Commis- sion stated that when exercising its powers under Article 4 (5) of the Directive in connection with notifications of aid proposals for yards in different Member States compe- ting for the same order it will, in applying the procedures of Article 93 of the Treaty, only permit the lowest aid level, unless a higher aid level within the ceiling appears necessary to ensure that the contract remains within the Community. It was evident that the aid intensity notified by the Dutch Government exceeded that of the German Government the latter at that time not planning any aid. For this reason the Commision by letter dated 3 August’ 1987 advised the Dutch Government -of the aid level planned by the German Government. At the same time the German Government was ‘asked to confirm finally that no aid would be granted to the contract. Subsequently the Dutch Government on 20 August 1987 informed the Commission that it had -aligned its aid level with.that of the German Government, i. e. not providing any aid. The corresponding confirmation from  the German Government was provided by verbal note of 26 August 1987. Against this background the Commission by letter of 24 November 1987 informed the. two Member States concerned - that it had  established that the particular contract concerned was not the object of any aid plan and that accordingly it had no grounds for further interven- tion under Article 4 (5) of the Directive. By verbal note dated 10 June 1988 the German Govern- ment notified to the Commission that it planned to grant after all direct contract-related production aid to the German yard tendering for the contract constituting 16,6 % of contract value before aid. This time the