4.3.2005 Official Journal of the European Union L 58/29 COMMISSION COMMISSION DECISION of 12 May 2004 on the State aid implemented by Spain for further restructuring aid to the public Spanish shipyards State aid Case C 40/00 (ex NN 61/00) (notified under document number C(2004) 1620) (Only the Spanish text is authentic) (Text with EEA relevance) (2005/173/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 on the European Economic Area, and in particular Article 62(1)(a) thereof, Having regard to Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new rules on aid to shipbuilding (), Having regard to Council Regulation (EC) No 1013/97 of 2 June 1997 on aid to certain shipyards under restructuring (3, Having called on interested parties to submit their comments pursuant to the provisions cited above (}) and having regard to their comments, () OJ L 202, 18.7.1998, p. 1. () O] L 148, 6.6.1997, p. 1. () OJ C 328, 18.11.2000, p. 16 and O] C 21, 24.1.2002, p. 17 and 0J C 199, 23.8.2003, p. 9. Whereas: I. PROCEDURE (1) Based on Regulation (EC) No 1013/97, the Commission in a decision of 6 August 1997 () authorised restruc- turing aid for Spanish public shipyards amounting to approximately EUR 1,9 billion. According to the Council Regulation the condition for the approval of the aid was that no more aid for restructuring purposes should be provided. () By information from the press, the Commission was informed that a number of transactions involving the public Spanish civil shipyards took place during the years 1999 and 2000. By letters dated 27 January 2000 and 29 March 2000, the Commission requested information on this matter. Spain did not reply to these letters. (3) By decision of 12 July 2000 the Commission initiated the procedure laid down in Article 88(2) of the EC Treaty (hereafter the opening) concerning the transaction whereby the State holding company Sociedad Estatal de Participationes Industriales (hereafter SEPI) bought the two shipyards Juliana and Cadiz and the motor factory Manises, each as separate companies, from Astilleros Espafioles SA. The Spanish authorities were informed of the decision in a letter from the Commission dated 1 August 2000. () O] C 354, 21.11.1997, p. 2.